II

106TH CONGRESS

1ST SESSION S. 1180

To amend the Elementary and Secondary Education Act of 1965, to

reauthorize and make improvements to that Act, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 27, 1999

Mr. KENNEDY (for himself, Mr. DODD, Mr. DASCHLE, Mrs. MURRAY, Mr.

SCHUMER, Mr. LEVIN, and Mr. DORGAN) introduced the following bill;

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

A BILL

To amend the Elementary and Secondary Education Act

of 1965, to reauthorize and make improvements to that

Act, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That this Act may be cited as the ‘‘Educational Excellence

4 for All Children Act of 1999’’.

5 TABLE OF CONTENTS

6 SEC. 2. The Elementary and Secondary Education

7 Act of 1965 (20 U.S.C. 6301 et seq., hereinafter in this

8 Act referred to as ‘‘the ESEA’’) is amended—
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1 (1) in section 1, by amending the heading

2 thereof to read as follows: ‘‘SHORT TITLE’’; and

3 (2) by inserting immediately after section 1 the

4 following new section:

5 ‘‘TABLE OF CONTENTS

6 ‘‘SEC. 2. The table of contents is as follows:

‘‘Sec. 1. Short title.

‘‘Sec. 2. Table of contents.

‘‘Sec. 3. America’s education goals.

‘‘TITLE I—HELPING DISADVANTAGED CHILDREN MEET HIGH

STANDARDS

‘‘Sec. 1001. Declaration of policy and statement of purpose.

‘‘Sec. 1002. Authorization of appropriations.

‘‘Sec. 1003. Reservations for accountability and evaluation.

‘‘PART A—IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL

AGENCIES

‘‘SUBPART 1—BASIC PROGRAM REQUIREMENTS

‘‘Sec. 1111. State plans.

‘‘Sec. 1112. Local educational agency plans.

‘‘Sec. 1113. Eligible school attendance areas.

‘‘Sec. 1114. Schoolwide programs.

‘‘Sec. 1115. Targeted assistance schools.

‘‘Sec. 1115A. School choice.

‘‘Sec. 1116. Assessment and local educational agency and school improvement.

‘‘Sec. 1117. State assistance for school district and school support and improvement.

‘‘Sec. 1118. Parental involvement.

‘‘Sec. 1119. High-quality instruction.

‘‘Sec. 1120. Participation of children enrolled in private schools.

‘‘Sec. 1120A. Fiscal requirements.

‘‘Sec. 1120B. Preschool services; coordination requirements.

‘‘SUBPART 2—ALLOCATIONS

‘‘Sec. 1121. Grants for the outlying areas and the Secretary of the Interior.

‘‘Sec. 1122. Allocations to States.

‘‘Sec. 1124. Basic grants to local educational agencies.

‘‘Sec. 1124A. Concentration grants to local educational agencies.

‘‘Sec. 1125. Targeted assistance grants to local educational agencies.

‘‘Sec. 1125A. Education finance incentive program.

‘‘Sec. 1126. Special allocation procedures.

‘‘Sec. 1127. Carryover and waiver.

‘‘PART B—EVEN START FAMILY LITERACY PROGRAMS
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‘‘Sec. 1201. Statement of purpose.

‘‘Sec. 1202. Program authorized.

‘‘Sec. 1203. State programs.

‘‘Sec. 1204. Uses of funds.

‘‘Sec. 1205. Program elements.

‘‘Sec. 1206. Eligible participants.

‘‘Sec. 1207. Applications.

‘‘Sec. 1208. Award of subgrants.

‘‘Sec. 1209. Evaluation.

‘‘Sec. 1210. Indicators of program quality.

‘‘Sec. 1211. Construction.

‘‘PART C—EDUCATION OF MIGRATORY CHILDREN

‘‘Sec. 1301. Program purpose.

‘‘Sec. 1302. Program authorized.

‘‘Sec. 1303. State allocations.

‘‘Sec. 1304. State applications; services.

‘‘Sec. 1305. Secretarial approval; peer review.

‘‘Sec. 1306. Authorized activities.

‘‘Sec. 1307. Bypass.

‘‘Sec. 1308. Coordination of migrant education activities.

‘‘Sec. 1309. Definitions.

‘‘PART D—STATE AGENCY PROGRAMS FOR CHILDREN AND YOUTH WHO

ARE NEGLECTED OR DELINQUENT

‘‘Sec. 1401. Findings; purpose; program authorized.

‘‘Sec. 1402. Payments for programs under this part.

‘‘SUBPART 1—STATE AGENCY PROGRAMS

‘‘Sec. 1411. Eligibility.

‘‘Sec. 1412. Allocations to States.

‘‘Sec. 1413. State reallocation of funds.

‘‘Sec. 1414. State plan and State agency applications.

‘‘Sec. 1415. Use of funds.

‘‘Sec. 1416. Institution-wide projects.

‘‘Sec. 1417. Three-year programs or projects.

‘‘Sec. 1418. Transition services.

‘‘SUBPART 2—GENERAL PROVISIONS

‘‘Sec. 1431. Program evaluations.

‘‘Sec. 1432. Definitions.

‘‘PART E—READING AND LITERACY GRANTS

‘‘Sec. 1501. Purposes.

‘‘Sec. 1502. Definitions.

‘‘Sec. 1503. Reading and literacy grants to State educational agencies.

‘‘Sec. 1504. Use of amounts by State educational agencies.

‘‘Sec. 1505. Local reading improvement subgrants.

‘‘Sec. 1506. Tutorial assistance subgrants.

‘‘Sec. 1507. National evaluation.

‘‘Sec. 1508. Information dissemination.

‘‘Sec. 1509. State evaluations; performance reports.
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‘‘PART F—FEDERAL EVALUATIONS, DEMONSTRATIONS, AND TRANSITION

PROJECTS

‘‘Sec. 1601. Evaluations, management information, and other national activities.

‘‘Sec. 1602. Demonstrations of innovative practices.

‘‘PART G—GENERAL PROVISIONS

‘‘Sec. 1701. State administration.

‘‘Sec. 1702. Construction.

‘‘TITLE II—HIGH STANDARDS IN THE CLASSROOM

‘‘PART A—TEACHING TO HIGH STANDARDS

‘‘SUBPART 1—FINDINGS, PURPOSE, AND AUTHORIZATION OF

APPROPRIATIONS

‘‘Sec. 2111. Findings.

‘‘Sec. 2112. Purpose.

‘‘Sec. 2113. Authorizations of appropriations.

‘‘SUBPART 2—STATE AMD LOCAL ACTIVITIES

‘‘Sec. 2121. Allocations to States.

‘‘Sec. 2122. Priority for professional development in mathematics and science.

‘‘Sec. 2123. State application.

‘‘Sec. 2124. Annual State reports.

‘‘Sec. 2125. Within-State allocations.

‘‘Sec. 2126. State-level activities.

‘‘Sec. 2127. Subgrants to partnerships of institutions of higher education and

local educational agencies.

‘‘Sec. 2128. Competitive local awards.

‘‘Sec. 2129. Local applications.

‘‘Sec. 2130. Uses of funds.

‘‘Sec. 2131. Local accountability.

‘‘Sec. 2132. Local cost-sharing requirement.

‘‘Sec. 2133. Maintenance of effort.

‘‘Sec. 2134. Equipment and textbooks.

‘‘Sec. 2135. Supplement, not supplant.

‘‘Sec. 2136. Program performance indicators.

‘‘Sec. 2137. Definitions.

‘‘SUBPART 3—NATIONAL ACTIVITIES FOR THE IMPROVEMENT OF TEACHING

AND SCHOOL LEADERSHIP

‘‘Sec. 2141. Program authorized.

‘‘Sec. 2142. Eisenhower National Clearinghouse for Mathematics and Science

Education.

‘‘PART B—TRANSITION TO TEACHING: TROOPS TO TEACHERS

‘‘Sec. 2211. Findings.

‘‘Sec. 2212. Purpose.

‘‘Sec. 2213. Program authorized.

‘‘Sec. 2214. Application.

‘‘Sec. 2215. Uses of funds and period of service.
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‘‘Sec. 2216. Equitable distribution.

‘‘Sec. 2217. Definitions.

‘‘PART C—EARLY CHILDHOOD EDUCATOR PROFESSIONAL DEVELOPMENT

‘‘Sec. 2301. Purpose.

‘‘Sec. 2302. Program authorized.

‘‘Sec. 2303. Applications.

‘‘Sec. 2304. Selection of grantees.

‘‘Sec. 2305. Uses of funds.

‘‘Sec. 2306. Accountability.

‘‘Sec. 2307. Cost-sharing.

‘‘Sec. 2308. Definitions.

‘‘Sec. 2309. Federal coordination.

‘‘Sec. 2310. Authorization of appropriations.

‘‘PART D—TECHNICAL ASSISTANCE PROGRAMS

‘‘Sec. 2401. Findings.

‘‘Sec. 2402. Purpose.

‘‘SUBPART 1—STRENGTHENING THE CAPACITY OF STATE AND LOCAL EDUCATIONAL AGENCIES TO BECOME EFFECTIVE, INFORMED CONSUMERS OF

TECHNICAL ASSISTANCE

‘‘Sec. 2411. Purpose.

‘‘Sec. 2412. Allocation of funds.

‘‘Sec. 2413. Formula grants to State educational agencies.

‘‘Sec. 2414. State application.

‘‘Sec. 2415. State uses of funds.

‘‘Sec. 2416. Grants to large local educational agencies.

‘‘Sec. 2417. Local application.

‘‘Sec. 2418. Local uses of funds.

‘‘Sec. 2419. Equitable services for private schools.

‘‘Sec. 2419A. Consumer information.

‘‘Sec. 2419B. Authorization of appropriations.

‘‘SUBPART 2—TECHNICAL ASSISTANCE CENTERS SERVING SPECIAL NEEDS

‘‘Sec. 2421. General provisions.

‘‘Sec. 2422. Centers for technical assistance on the needs of special populations.

‘‘Sec. 2423. Parental information and resource centers.

‘‘Sec. 2424. Eisenhower regional mathematics and science education consortia.

‘‘SUBPART 3—TECHNOLOGY-BASED TECHNICAL ASSISTANCE INFORMATION

DISSEMINATION

‘‘Sec. 2431. Web-based and other information dissemination.

‘‘Sec. 2432. Authorization of appropriations.

‘‘SUBPART 4—NATIONAL EVALUATION ACTIVITIES

‘‘Sec. 2441. National evaluation activities.

‘‘TITLE III—TECHNOLOGY FOR EDUCATION

‘‘Sec. 3001. Short title.

‘‘Sec. 3002. Findings.
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‘‘Sec. 3003. Statement of purpose.

‘‘Sec. 3004. Supplement, not supplant.

‘‘PART A—FEDERAL LEADERSHIP AND NATIONAL ACTIVITIES

‘‘Sec. 3101. National evaluation of education technology.

‘‘Sec. 3102. National long-range technology plan.

‘‘Sec. 3103. Federal leadership.

‘‘Sec. 3104. Authorization of appropriations.

‘‘PART B—SPECIAL PROJECTS

‘‘SUBPART 1—NEXT-GENERATION TECHNOLOGY INNOVATION AWARDS

‘‘Sec. 3211. Purpose; program authority.

‘‘Sec. 3212. Eligibility.

‘‘Sec. 3213. Uses of funds.

‘‘Sec. 3214. Evaluation.

‘‘Sec. 3215. Authorization of appropriations.

‘‘SUBPART 2—READY-TO-LEARN DIGITAL TELEVISION

‘‘Sec. 3221. Ready-to-learn.

‘‘Sec. 3222. Educational programming.

‘‘Sec. 3223. Duties of Secretary.

‘‘Sec. 3224. Applications.

‘‘Sec. 3225. Reports and evaluation.

‘‘Sec. 3226. Administrative costs.

‘‘Sec. 3227. Definition.

‘‘Sec. 3228. Authorization of appropriations.

‘‘SUBPART 3—TELECOMMUNICATIONS PROGRAM FOR PROFESSIONAL

DEVELOPMENT IN THE CORE CONTENT AREAS

‘‘Sec. 3231. Purpose; program authority.

‘‘Sec. 3232. Application required.

‘‘Sec. 3233. Authorization of appropriations.

‘‘SUBPART 4—COMMUNITY TECHNOLOGY CENTERS

‘‘Sec. 3241. Purpose; program authority.

‘‘Sec. 3242. Eligibility and application requirements.

‘‘Sec. 3243. Uses of funds.

‘‘Sec. 3244. Authorization of appropriations.

‘‘PART C—PREPARING TOMORROW’S TEACHERS TO USE TECHNOLOGY

‘‘Sec. 3301. Purpose; program authority.

‘‘Sec. 3302. Eligibility.

‘‘Sec. 3303. Uses of funds.

‘‘Sec. 3304. Authorization of appropriations.

‘‘PART D—REGIONAL, STATE, AND LOCAL EDUCATIONAL TECHNOLOGY

RESOURCES

‘‘SUBPART 1—TECHNOLOGY LITERACY CHALLENGE FUND

‘‘Sec. 3411. Purpose.

‘‘Sec. 3412. Allotment and reallotment.
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‘‘Sec. 3413. Technology literacy challenge fund.

‘‘Sec. 3414. State application.

‘‘Sec. 3415. Local uses of funds.

‘‘Sec. 3416. Local applications.

‘‘Sec. 3417. Definitions.

‘‘Sec. 3418. Authorization of appropriations.

‘‘SUBPART 2—REGIONAL TECHNOLOGY IN EDUCATION CONSORTIA

‘‘Sec. 3411. Regional technical support and professional development.

‘‘Sec. 3412. Authorization of appropriations.

‘‘TITLE IV—SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES

‘‘Sec. 4001. Short title.

‘‘Sec. 4002. Findings.

‘‘Sec. 4003. Purpose.

‘‘Sec. 4004. Authorization of appropriations.

‘‘PART A—STATE GRANTS FOR DRUG AND VIOLENCE PREVENTION

PROGRAMS

‘‘Sec. 4111. Reservations and allotments.

‘‘Sec. 4112. State applications.

‘‘Sec. 4113. State and local educational agency programs.

‘‘Sec. 4114. Local drug and violence prevention programs.

‘‘Sec. 4115. Governor’s programs.

‘‘Sec. 4116. Local applications.

‘‘Sec. 4117. National evaluations and data collection.

‘‘PART B—NATIONAL PROGRAMS

‘‘Sec. 4211. National activities.

‘‘PART C—SCHOOL EMERGENCY RESPONSE TO VIOLENCE

‘‘Sec. 4311. Project SERV.

‘‘PART D—RELATED PROVISIONS

‘‘Sec. 4411. Gun-Free Schools Act.

‘‘Sec. 4412. Local policies.

‘‘Sec. 4413. Materials.

‘‘Sec. 4414. Prohibited use of funds.

‘‘Sec. 4415. Drug-, alcohol-, and tobacco-free schools.

‘‘Sec. 4416. Prohibition of supplanting.

‘‘Sec. 4417. Definitions.

‘‘TITLE V—PROMOTING EQUITY, EXCELLENCE, AND PUBLIC

SCHOOL CHOICE

‘‘PART A—MAGNET SCHOOLS ASSISTANCE

‘‘Sec. 5101. Findings.

‘‘Sec. 5102. Statement of purpose.

‘‘Sec. 5103. Program authorized.

‘‘Sec. 5104. Definition.

‘‘Sec. 5105. Eligibility.

‘‘Sec. 5106. Applications and requirements.
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‘‘Sec. 5107. Priority.

‘‘Sec. 5108. Use of funds.

‘‘Sec. 5109. Prohibitions.

‘‘Sec. 5110. Limitations.

‘‘Sec. 5111. Evaluations.

‘‘Sec. 5112. Authorization of appropriations; reservation.

‘‘PART B—PUBLIC CHARTER SCHOOLS

‘‘Sec. 5201. Findings and purpose.

‘‘Sec. 5202. Program authorized.

‘‘Sec. 5203. Applications.

‘‘Sec. 5204. Administration.

‘‘Sec. 5205. National activities.

‘‘Sec. 5206. Federal formula allocation during the first year and for successive

enrollment expansions.

‘‘Sec. 5207. Solicitation of input from charter school operators.

‘‘Sec. 5208. Records transfers.

‘‘Sec. 5209. Paperwork reduction.

‘‘Sec. 5210. Definitions.

‘‘Sec. 5211. Authorization of appropriations.

‘‘PART C—OPTIONS: OPPORTUNITIES TO IMPROVE OUR NATION’S SCHOOLS

‘‘Sec. 5301. Findings; purpose.

‘‘Sec. 5302. Grants.

‘‘Sec. 5303. Uses of funds.

‘‘Sec. 5304. Grant application; priorities.

‘‘Sec. 5305. Authorization of appropriations.

‘‘PART D—WOMEN’S EDUCATIONAL EQUITY

‘‘Sec. 5401. Short title; findings.

‘‘Sec. 5402. Statement of purposes.

‘‘Sec. 5403. Programs authorized.

‘‘Sec. 5404. Applications.

‘‘Sec. 5405. Criteria and priorities.

‘‘Sec. 5406. Administration.

‘‘Sec. 5407. Authorization of appropriations.

‘‘TITLE VI—CLASS-SIZE REDUCTION

‘‘Sec. 6001. Findings.

‘‘Sec. 6002. Purpose.

‘‘Sec. 6003. Authorization of appropriations.

‘‘Sec. 6004. Allocations to States.

‘‘Sec. 6005. Applications.

‘‘Sec. 6006. Within-State allocations.

‘‘Sec. 6007. Local applications.

‘‘Sec. 6008. Uses of funds.

‘‘Sec. 6009. Cost-sharing requirement.

‘‘Sec. 6010. Nonsupplanting.

‘‘Sec. 6011. Annual State reports.

‘‘Sec. 6012. Participation of private school teachers.

‘‘Sec. 6013. Definition.
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‘‘TITLE VII—BILINGUAL EDUCATION, LANGUAGE ENHANCEMENT,

AND LANGUAGE ACQUISITION PROGRAMS

‘‘PART A—BILINGUAL EDUCATION

‘‘Sec. 7101. Short title.

‘‘Sec. 7102. Findings, policy, and purpose.

‘‘Sec. 7103. Authorization of appropriations.

‘‘Sec. 7104. Native American and Alaska Native children in School.

‘‘SUBPART 1—BILINGUAL EDUCATION CAPACITY AND DEMONSTRATION

GRANTS

‘‘Sec. 7111. Financial assistance for bilingual education.

‘‘Sec. 7112. Program development and enhancement grants.

‘‘Sec. 7113. Comprehensive school grants.

‘‘Sec. 7114. Systemwide improvement grants.

‘‘Sec. 7115. Applications.

‘‘Sec. 7116. Capacity building.

‘‘Sec. 7117. Programs for Native Americans and Puerto Rico.

‘‘Sec. 7118. Evaluations.

‘‘Sec. 7119. Construction.

‘‘SUBPART 2—RESEARCH, EVALUATION, AND DISSEMINATION

‘‘Sec. 7121. Authority.

‘‘Sec. 7122. Research.

‘‘Sec. 7123. Academic excellence awards.

‘‘Sec. 7124. State grant program.

‘‘Sec. 7125. National Clearinghouse on the Education of Children and Youth

with Limited English Proficiency.

‘‘Sec. 7126. Instructional materials development.

‘‘SUBPART 3—PROFESSIONAL DEVELOPMENT

‘‘Sec. 7131. Purpose.

‘‘Sec. 7132. Training for all teachers program.

‘‘Sec. 7133. Bilingual education teachers and personnel grants.

‘‘Sec. 7134. Bilingual education career ladder program.

‘‘Sec. 7135. Graduate fellowships in bilingual education program.

‘‘Sec. 7136. Application.

‘‘Sec. 7137. Stipends.

‘‘Sec. 7138. Program evaluations.

‘‘Sec. 7139. Use of funds for second language competence.

‘‘SUBPART 4—TRANSITION

‘‘Sec. 7141. Transition.

‘‘PART B—EMERGENCY IMMIGRANT EDUCATION PROGRAM

‘‘Sec. 7201. Findings and purpose.

‘‘Sec. 7202. State administrative costs.

‘‘Sec. 7203. Withholding.

‘‘Sec. 7204. State allocations.

‘‘Sec. 7205. State applications.

‘‘Sec. 7206. Administrative provisions.

‘‘Sec. 7207. Uses of funds.
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‘‘Sec. 7208. Reports.

‘‘Sec. 7209. Authorization of appropriations.

‘‘PART C—ADMINISTRATION

‘‘Sec. 7301. Release time.

‘‘Sec. 7302. Education technology.

‘‘Sec. 7303. Notification.

‘‘Sec. 7304. Continued eligibility.

‘‘Sec. 7305. Coordination and reporting requirements.

‘‘Sec. 7306. Administrative provisions.

‘‘PART D—GENERAL PROVISIONS

‘‘Sec. 7401. Definitions; regulations.

‘‘Sec. 7402. Regulations, parental notification, and use of paraprofessionals.

‘‘TITLE VIII—IMPACT AID

‘‘Sec. 8001. Purpose.

‘‘Sec. 8002. Payments relating to Federal acquisition of real property.

‘‘Sec. 8003. Payments for eligible federally connected children.

‘‘Sec. 8004. Indian community participation.

‘‘Sec. 8005. Application for payments under sections 8002 and 8003.

‘‘Sec. 8007. Construction.

‘‘Sec. 8008. Facilities.

‘‘Sec. 8009. State consideration of payments in providing State aid.

‘‘Sec. 8010. Federal administration.

‘‘Sec. 8011. Administrative hearings and judicial review.

‘‘Sec. 8012. Forgiveness of overpayments.

‘‘Sec. 8013. Definitions.

‘‘Sec. 8014. Authorization of appropriations.

‘‘TITLE IX—INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE

EDUCATION

‘‘PART A—INDIAN EDUCATION

‘‘Sec. 9101. Findings.

‘‘Sec. 9102. Purpose.

‘‘SUBPART 1—FORMULA GRANTS TO LOCAL EDUCATIONAL AGENCIES

‘‘Sec. 9111. Purpose.

‘‘Sec. 9112. Grants to local educational agencies.

‘‘Sec. 9113. Amount of grants.

‘‘Sec. 9114. Applications.

‘‘Sec. 9115. Authorized services and activities.

‘‘Sec. 9116. Student eligibility forms.

‘‘Sec. 9117. Payments.

‘‘Sec. 9118. State educational agency review.

‘‘SUBPART 2—SPECIAL PROGRAMS AND PROJECTS TO IMPROVE

EDUCATIONAL OPPORTUNITIES FOR INDIAN CHILDREN

‘‘Sec. 9121. Improvement of educational opportunities for Indian children.

‘‘Sec. 9122. Professional development.
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‘‘SUBPART 3—NATIONAL RESEARCH ACTIVITIES

‘‘Sec. 9141. National activities.

‘‘SUBPART 4—FEDERAL ADMINISTRATION

‘‘Sec. 9151. National Advisory Council on Indian Education.

‘‘Sec. 9152. Peer review.

‘‘Sec. 9153. Preference for Indian applicants.

‘‘Sec. 9154. Minimum grant criteria.

‘‘SUBPART 5—DEFINITIONS; AUTHORIZATIONS OF APPROPRIATIONS

‘‘Sec. 9161. Definitions.

‘‘Sec. 9162. Authorization of appropriations.

‘‘PART B—NATIVE HAWAIIAN EDUCATION

‘‘Sec. 9201. Short title.

‘‘Sec. 9202. Findings.

‘‘Sec. 9203. Purpose.

‘‘Sec. 9204. Program authorized.

‘‘Sec. 9205. Administrative provisions.

‘‘Sec. 9206. Definitions.

‘‘PART C—ALASKA NATIVE EDUCATION

‘‘Sec. 9301. Short title.

‘‘Sec. 9302. Findings.

‘‘Sec. 9303. Purpose.

‘‘Sec. 9304. Program authorized.

‘‘Sec. 9305. Administrative provisions.

‘‘Sec. 9306. Definitions.

‘‘TITLE X—PROGRAMS OF NATIONAL SIGNIFICANCE

‘‘PART A—FUND FOR THE IMPROVEMENT OF EDUCATION

‘‘Sec. 10101. Fund for the improvement of education.

‘‘Sec. 10102. State and local character education program.

‘‘Sec. 10103. Character education research, dissemination, and evaluation.

‘‘PART B—GIFTED AND TALENTED CHILDREN

‘‘Sec. 10201. Short title.

‘‘Sec. 10202. Findings and purpose.

‘‘Sec. 10203. Construction.

‘‘Sec. 10204. Authorized programs.

‘‘Sec. 10205. Program priorities.

‘‘Sec. 10206. General provisions.

‘‘Sec. 10207. Authorization of appropriations.

‘‘PART C—INTERNATIONAL EDUCATION PROGRAM

‘‘Sec. 10301. International education program.

‘‘PART D—ARTS IN EDUCATION

‘‘Sec. 10401. Support for arts education.
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‘‘PART E—INEXPENSIVE BOOK DISTRIBUTION PROGRAM

‘‘Sec. 10501. Inexpensive book distribution program for reading motivation.

‘‘PART F—CIVIC EDUCATION

‘‘Sec. 10601. Instruction on the history and principles of democracy in the

United States.

‘‘Sec. 10602. Authorization of appropriations.

‘‘PART G—21ST CENTURY COMMUNITY LEARNING CENTERS

‘‘Sec. 10701. Short title.

‘‘Sec. 10702. Findings.

‘‘Sec. 10703. Program authorization.

‘‘Sec. 10704. Application required.

‘‘Sec. 10705. Uses of funds.

‘‘Sec. 10706. Definitions.

‘‘Sec. 10707. Authorization of appropriations.

‘‘Sec. 10708. Continuation awards.

‘‘PART H—HIGH SCHOOL REFORM

‘‘Sec. 10801. Purposes.

‘‘Sec. 10802. Grants to local educational agencies.

‘‘Sec. 10803. Applications.

‘‘Sec. 10804. Selection of grantees.

‘‘Sec. 10805. Outcomes and components of education reforms.

‘‘Sec. 10806. Private schools.

‘‘Sec. 10807. Additional activities.

‘‘Sec. 10808. Definition.

‘‘Sec. 10809. Authorization of appropriations.

‘‘PART I—ELEMENTARY SCHOOL FOREIGN LANGUAGE ASSISTANCE

PROGRAM

‘‘Sec. 10901. Findings; purposes.

‘‘Sec. 10902. Elementary school foreign language assistance program.

‘‘PART J—NATIONAL WRITING PROJECT

‘‘Sec. 10951. Findings.

‘‘Sec. 10952. National writing project.

‘‘TITLE XI—GENERAL PROVISIONS

‘‘PART A—DEFINITIONS

‘‘Sec. 11101. Definitions.

‘‘Sec. 11102. Applicability of this title.

‘‘Sec. 11103. Applicability to Bureau of Indian Affairs Operated Schools.

‘‘PART B—IMPROVING EDUCATION THROUGH ACCOUNTABILITY

‘‘Sec. 11201. Short title.

‘‘Sec. 11202. Purpose.

‘‘Sec. 11203. Turning around failing schools.

‘‘Sec. 11204. Student progress and promotion policy.

‘‘Sec. 11205. Ensuring teacher quality.
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‘‘Sec. 11206. Sound discipline policy.

‘‘Sec. 11207. Education report cards.

‘‘Sec. 11208. Education accountability plans.

‘‘Sec. 11209. Authority of Secretary to ensure accountability.

‘‘Sec. 11210. Recognition and rewards.

‘‘Sec. 11211. Best practices and models.

‘‘Sec. 11212. Construction.

‘‘PART C—AMERICA’S EDUCATION GOALS PANEL

‘‘Sec. 11301. Purpose.

‘‘Sec. 11302. America’s Education Goals Panel.

‘‘Sec. 11303. Duties.

‘‘Sec. 11304. Powers of the Goals Panel.

‘‘Sec. 11305. Administrative provisions.

‘‘Sec. 11306. Director and staff; experts and consultants.

‘‘Sec. 11307. Authorization of appropriations.

‘‘PART D—FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER

FUNDS

‘‘Sec. 11401. Consolidation of State administrative funds for elementary and

secondary education programs.

‘‘Sec. 11402. Single local educational agency States.

‘‘Sec. 11403. Consolidation of funds for local administration.

‘‘Sec. 11404. Consolidated set-aside for Department of the Interior funds.

‘‘Sec. 11405. Most effective use of program funds.

‘‘PART E—COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL

PLANS

‘‘Sec. 11501. Purpose.

‘‘Sec. 11502. Optional consolidated State plans.

‘‘Sec. 11503. General applicability of State educational agency assurances.

‘‘Sec. 11504. Consolidated local plans.

‘‘Sec. 11505. Other general assurances.

‘‘Sec. 11506. Consolidated reporting.

‘‘PART F—WAIVERS

‘‘Sec. 11601. Waivers of statutory and regulatory requirements.

‘‘PART G—EDUCATION FLEXIBILITY PARTNERSHIPS

‘‘Sec. 11701. Short title.

‘‘Sec. 11702. Findings.

‘‘Sec. 11703. Definitions.

‘‘Sec. 11704. Education flexibility partnerships.

‘‘PART H—UNIFORM PROVISIONS

‘‘Sec. 11801. Maintenance of effort.

‘‘Sec. 11802. Prohibition regarding State aid.

‘‘Sec. 11803. Participation by private school children and teachers.

‘‘Sec. 11804. Standards for by-pass.

‘‘Sec. 11805. Complaint process for participation of private school children.

‘‘Sec. 11806. By-pass determination process.

‘‘Sec. 11807. Prohibition against funds for religious worship or instruction.
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‘‘Sec. 11808. Applicability to home schools.

‘‘Sec. 11809. General provisions regarding nonrecipient nonpublic schools.

‘‘Sec. 11810. School prayer.

‘‘Sec. 11811. General prohibitions.

‘‘Sec. 11812. Prohibition on Federal mandates, direction, and control.

‘‘PART I—COORDINATED SERVICES

‘‘Sec. 11901. Findings and purpose.

‘‘Sec. 11902. Definitions.

‘‘Sec. 11903. Project development and implementation.

‘‘Sec. 11904. Uses of funds.

‘‘Sec. 11905. Continuing authority.

‘‘PART J—EVALUATION AND INDICATORS

‘‘Sec. 11911. Evaluations.

‘‘Sec. 11912. Performance measures.

‘‘PART K—SENSE OF THE CONGRESS

‘‘Sec. 11921. Sense of Congress to increase the total share of federal spending

on education.

‘‘Sec. 11922. Sense of Congress; requirement regarding notice.’’.

1 AMERICA’S EDUCATION GOALS

2 SEC. 3. (a) FINDINGS.—The Congress finds that:

3 (1) America’s Education Goals (formerly the

4 National Education Goals) are very ambitious, and

5 purposely designed to set high expectations for edu6 cational performance at every stage of an individ7 ual’s life, from the preschool years through adult8 hood.

9 (2) With a focus by policymakers, educators,

10 and the public on the Goals, the Nation will be able

11 to raise its overall level of educational achievement.

12 (3) Since the 1990 adoption of the National

13 Education Goals, some progress has been made to14 ward achieving those Goals. Areas in which the Na-
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1 tion has made progress toward these Goals during

2 the last decade include:

3 (A) On Goal #1, that all children will start

4 school ready to learn, there has been an in5 crease in the percentages of—

6 (i) preschool children whose parents

7 read to them or tell them stories; and

8 (ii) 2-year-old children who have been

9 fully immunized against preventable child10 hood diseases.

11 (B) On Goal #3, that all students dem12 onstrate competency over challenging subject

13 matter, the percentage of fourth, eighth, and

14 twelfth grade students who meet the Goals Pan15 el’s performance standard in mathematics has

16 increased.

17 (C) On Goal #5, that United States stu18 dents become first in the world in mathematics

19 and science achievement, the percentage of all

20 college degrees awarded that are in mathe21 matics and science has increased for all stu22 dents.

23 (D) On Goal #7, that every school in the

24 United States will be free of drugs, violence,

25 and the unauthorized presence of firearms and
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1 alcohol, the percentage of students who report

2 that they have been threatened or injured at

3 school has decreased.

4 (4) Areas in which the Nation has been unsuc5 cessful in making progress toward these Goals dur6 ing the last decade include:

7 (A) On Goal #4, that all teachers have ac8 cess to programs for the continued improve9 ment of their professional skills, the percentage

10 of secondary school teachers who hold a degree

11 in the subject that is their main teaching as12 signment has decreased.

13 (B) On Goal #6, that every adult will be

14 literate and prepared to compete in the global

15 economy and exercise the rights of citizenship—

16 (i) fewer adults with a high school di17 ploma or less, and who need additional

18 training, are participating in adult edu19 cation than individuals who have a postsec20 ondary education; and

21 (ii) the difference between the per22 centage of Black high school graduates

23 who complete a college degree and the per24 centage of white high school graduates who

25 complete a college degree has increased.
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1 (C) On Goal #7, that every school in the

2 United States will be free of drugs, violence,

3 and the unauthorized presence of firearms and

4 alcohol—

5 (i) the percentage of students report6 ing that they have used an illicit drug, or

7 that someone offered to sell or give them

8 drugs, has increased;

9 (ii) the percentage of public school

10 teachers who report that they were threat11 ened or injured at school has increased;

12 and

13 (iii) a higher percentage of secondary

14 school teachers report that student disrup15 tions in their classrooms interfere with

16 their teaching.

17 (5) Because States began the 1990s at various

18 levels of achievement with respect to each of the

19 Goals, the time and effort needed to reach the Goals

20 will vary from State to State and from Goal to Goal.

21 (6) Individual States have made significant

22 progress toward the Goals, and some States have

23 made progress in multiple areas. Areas in which

24 States have made progress toward the Goals during

25 the last decade include:
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1 (A) With respect to Goal #1, that all chil2 dren will start school ready to learn—

3 (i) 35 States have reduced the per4 centage of infants born with one or more

5 of four health risks;

6 (ii) 50 States have increased the per7 centage of mothers receiving early prenatal

8 care; and

9 (iii) 47 States have increased the per10 centage of children with disabilities partici11 pating in preschool.

12 (B) With respect to Goal #2, that at least

13 90 percent of all students graduate from high

14 school—

15 (i) 10 States have increased the per16 centage of young adults who have a high

17 school diploma; and

18 (ii) 3 States have reduced the percent19 age of students in grades 9 through 12

20 who leave school without completing a rec21 ognized program of secondary education.

22 (C) With respect to Goal #3, that all stu23 dents demonstrate competency over subject

24 matter—
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1 (i) 27 States have increased the per2 centage of 8th-grade students who

3 achieved to at least the ‘‘proficient’’ stand4 ard on the 1996 National Assessment of

5 Educational Progress (NAEP) in mathe6 matics; and

7 (ii) 50 States have increased the per8 centage of students that received a score

9 on an Advanced Placement examination

10 that permitted the students to earn college

11 credits in the subject area tested.

12 (D) With respect to Goal #4, that all

13 teachers have access to programs for the con14 tinued improvement of their professional skills,

15 17 States have increased the percentage of pub16 lic school teachers who received support from a

17 master or mentor teacher during their first year

18 of teaching.

19 (E) With respect to Goal #5, that United

20 States students become first in the world in

21 mathematics and science achievement—

22 (i) 47 States have increased the per23 centage of all degrees that were awarded in

24 mathematics and science;
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1 (ii) 33 States have increased the per2 centage of all degrees in mathematics and

3 science that were awarded to minority stu4 dents; and

5 (iii) 42 States have increased the per6 centage of all degrees in mathematics and

7 science that were awarded to female stu8 dents.

9 (F) With respect to Goal #6, that every

10 adult will be literate and prepared to compete

11 in the global economy and exercise the rights of

12 citizenship—

13 (i) 39 States have increased the per14 centage of high school graduates who im15 mediately enroll in an institution of higher

16 education; and

17 (ii) 10 States have increased the per18 centage of their citizens who registered to

19 vote.

20 (G) With respect to Goal #8, that every

21 school will promote partnerships that increase

22 parental involvement, 17 States have increased

23 the influence of parent associations in setting

24 public school policies.
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1 (7) Areas in which States have been unsuccess2 ful in making progress toward these Goals during

3 the 1990s include:

4 (A) On Goal #1, that all children will start

5 school ready to learn, the percentage of infants

6 born at low birthweight has increased in 32

7 States.

8 (B) On Goal #2, that at least 90 percent

9 of all students graduate from high school, the

10 high school dropout rate has increased in 10

11 States.

12 (C) On Goal #6, that every adult will be

13 literate and prepared to compete in the global

14 economy and exercise the rights of citizenship,

15 lower percentages of students are enrolling in

16 college immediately after high school in 11

17 States.

18 (D) On Goal #7, that every school in the

19 United States will be free of drugs, violence,

20 and the unauthorized presence of firearms and

21 alcohol—

22 (i) student use of marijuana has in23 creased in 16 States;
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1 (ii) the percentage of students who re2 port that drugs are available on school

3 property has increased in 15 States; and

4 (iii) the percentage of public school

5 teachers reporting that student disruptions

6 in class interfere with their teaching has

7 increased in 37 States.

8 (8) The continued pursuit of these Goals is nec9 essary to ensure continued, and more evenly distrib10 uted, progress across our Nation.

11 (9) Federal programs and policies have contrib12 uted to States’ ability to offer high-quality education

13 to all students and have helped States to implement

14 reforms intended to raise the achievement level of

15 every child.

16 (10) Even though all the Goals have not been

17 reached, nor accomplished to equal degrees, there is

18 a continued need to reaffirm these Goals as a bench19 mark to which all students can strive and attain.

20 (b) AMERICA’S EDUCATION GOALS.—The ESEA is

21 further amended by inserting immediately after section 2

22 (as added by section 2 of the bill) the following new sec23 tion:

24 ‘‘AMERICA’S EDUCATION GOALS

25 ‘‘SEC. 3. (a) PURPOSE.—It is the purpose of this sec26 tion to—
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1 ‘‘(1) set forth a common set of national goals

2 for the education of our Nation’s students that the

3 Federal Government and all States and local com4 munities will work to achieve;

5 ‘‘(2) identify the Nation’s highest education pri6 orities related to preparing students for responsible

7 citizenship, further learning, and the technological,

8 scientific, and economic challenges of the 21st cen9 tury; and

10 ‘‘(3) establish a framework for educational ex11 cellence at the national, State, and local levels.

12 ‘‘(b) AMERICA’S EDUCATION GOALS.—The Congress

13 declares that America’s Education Goals are the following:

14 ‘‘(1) SCHOOL READINESS.—(A) All children in

15 America will start school ready to learn.

16 ‘‘(B) The objectives for this goal are that—

17 ‘‘(i) all children will have access to high18 quality, and developmentally appropriate, pre19 school programs that help prepare children for

20 school;

21 ‘‘(ii) every parent in the United States will

22 be a child’s first teacher, and devote time each

23 day to helping his or her preschool child learn,

24 and parents will have access to the training and

25 support they need; and
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1 ‘‘(iii) children will receive the nutrition,

2 physical activity, and health care needed to ar3 rive at school with healthy minds and bodies,

4 and to maintain the mental alertness necessary

5 to be prepared to learn, and the number of low6 birthweight babies will be significantly reduced

7 through enhanced prenatal health systems.

8 ‘‘(2) SCHOOL COMPLETION.—(A) The high

9 school graduation rate will increase to at least 90

10 percent.

11 ‘‘(B) The objectives for this goal are that—

12 ‘‘(i) the Nation will dramatically reduce its

13 school dropout rate, and 75 percent of the stu14 dents who do drop out will successfully com15 plete a high school degree or its equivalent; and

16 ‘‘(ii) the gap in high school graduation

17 rates between American students from minority

18 backgrounds and their non-minority counter19 parts will be eliminated.

20 ‘‘(3) STUDENT ACHIEVEMENT AND CITIZEN21 SHIP.—(A) All students will leave grades 4, 8, and

22 12 having demonstrated competency over challenging

23 subject matter including English, mathematics,

24 science, foreign languages, civics and government,

25 economics, arts, history, and geography, and every
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1 school in America will ensure that all students learn

2 to use their minds well, so they may be prepared for

3 responsible citizenship, further learning, and produc4 tive employment in our Nation’s modern economy.

5 ‘‘(B) The objectives for this goal are that—

6 ‘‘(i) the academic performance of all stu7 dents at the elementary and secondary level will

8 increase significantly in every quartile, and the

9 distribution of minority students in each quar10 tile will more closely reflect the student popu11 lation as a whole;

12 ‘‘(ii) the percentage of all students who

13 demonstrate the ability to reason, solve prob14 lems, apply knowledge, and write and commu15 nicate effectively will increase substantially;

16 ‘‘(iii) all students will be involved in activi17 ties that promote and demonstrate good citizen18 ship, good health, community service, and per19 sonal responsibility;

20 ‘‘(iv) all students will have access to phys21 ical education and health education to ensure

22 they are healthy and fit;

23 ‘‘(v) the percentage of all students who are

24 competent in more than one language will sub25 stantially increase; and
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1 ‘‘(vi) all students will be knowledgeable

2 about the diverse cultural heritage of this Na3 tion and about the world community.

4 ‘‘(4) TEACHER EDUCATION AND PROFESSIONAL

5 DEVELOPMENT.—(A) The Nation’s teaching force

6 will have access to programs for the continued im7 provement of its professional skills and the oppor8 tunity to acquire the knowledge and skills needed to

9 instruct and prepare all American students for the

10 next century.

11 ‘‘(B) The objectives for this goal are that—

12 ‘‘(i) all teachers will have access to

13 preservice teacher education and continuing

14 professional development activities that will pro15 vide such teachers with the knowledge and skills

16 needed to teach to an increasingly diverse stu17 dent population with a variety of educational,

18 social, and health needs;

19 ‘‘(ii) all teachers will have continuing op20 portunities to acquire additional knowledge and

21 skills needed to teach challenging subject mat22 ter and to use emerging new methods, forms of

23 assessment, and technologies;

24 ‘‘(iii) States and school districts will create

25 integrated strategies to attract, recruit, pre-
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1 pare, retrain, and support the continued profes2 sional development of teachers, administrators,

3 and other educators, so that there is a highly

4 talented work force of professional educators to

5 teach challenging subject matter; and

6 ‘‘(iv) partnerships will be established,

7 whenever possible, among local educational

8 agencies, institutions of higher education, par9 ents, and local labor, business, and professional

10 associations to provide and support programs

11 for the professional development of educators.

12 ‘‘(5) MATHEMATICS AND SCIENCE.—(A) United

13 States students will be first in the world in mathe14 matics and science achievement.

15 ‘‘(B) The objectives for this goal are that—

16 ‘‘(i) mathematics and science education, in17 cluding the metric system of measurement, will

18 be strengthened throughout the education sys19 tem, especially in the early grades;

20 ‘‘(ii) the number of teachers with a sub21 stantive background in mathematics and

22 science, including the metric system of meas23 urement, will increase; and

24 ‘‘(iii) the number of United States under25 graduate and graduate students, especially
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1 women and minorities, who complete degrees in

2 mathematics, science, and engineering will in3 crease significantly.

4 ‘‘(6) ADULT LITERACY AND LIFELONG LEARN5 ING.—(A) Every adult American will be literate and

6 will possess the knowledge and skills necessary to

7 compete in a global economy and exercise the rights

8 and responsibilities of citizenship.

9 ‘‘(B) The objectives for this goal are that—

10 ‘‘(i) every major American business will be

11 involved in strengthening the connection be12 tween education and work;

13 ‘‘(ii) all workers will have the opportunity

14 to acquire the knowledge and skills, from basic

15 to highly technical, needed to adapt to emerging

16 new technologies, work methods, and markets

17 through public and private educational, voca18 tional, technical, workplace, or other programs;

19 ‘‘(iii) the number of high-quality programs,

20 including those at libraries, that are designed to

21 serve more effectively the needs of the growing

22 number of part-time and midcareer students

23 will increase substantially;

24 ‘‘(iv) the proportion of qualified students,

25 especially minorities, who enter college, who
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1 complete at least two years, and who complete

2 their degree programs will increase substan3 tially;

4 ‘‘(v) the proportion of college graduates

5 who demonstrate an advanced ability to think

6 critically, communicate effectively, and solve

7 problems will increase substantially; and

8 ‘‘(vi) schools, in implementing comprehen9 sive parent involvement programs, will offer

10 more adult literacy, parent training and life11 long learning opportunities to improve the ties

12 between home and school, and enhance parents’

13 work and home lives.

14 ‘‘(7) SAFE, DISCIPLINED, AND ALCOHOL- AND

15 DRUG-FREE SCHOOLS.—(A) Every school in the

16 United States will be free of drugs, violence, and the

17 unauthorized presence of firearms and alcohol, and

18 will offer a disciplined environment conducive to

19 learning.

20 ‘‘(B) The objectives for this goal are that—

21 ‘‘(i) every school will implement a firm and

22 fair policy on use, possession, and distribution

23 of drugs and alcohol;

24 ‘‘(ii) parents, businesses, and governmental

25 and community organizations will work together
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1 to ensure the rights of students to study in a

2 safe and secure environment that is free of

3 drugs and crime, and that schools provide a

4 healthy environment and a safe haven for all

5 children;

6 ‘‘(iii) every local educational agency will

7 develop and implement a policy to ensure that

8 all schools are free of violence and the unau9 thorized presence of weapons;

10 ‘‘(iv) every local educational agency will de11 velop a sequential, comprehensive kindergarten

12 through twelfth grade drug and alcohol preven13 tion education program;

14 ‘‘(v) drug and alcohol curriculum will be

15 taught as an integral part of sequential, com16 prehensive health education;

17 ‘‘(vi) community-based teams will be orga18 nized to provide students and teachers with

19 needed support; and

20 ‘‘(vii) every school will work to eliminate

21 sexual harassment.

22 ‘‘(8) PARENTAL PARTICIPATION.—(A) Every

23 school will promote partnerships that will increase

24 parental involvement and participation in promoting
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1 the social, emotional, and academic growth of chil2 dren.

3 ‘‘(B) The objectives for this Goal are that—

4 ‘‘(i) every State will develop policies to as5 sist local schools and local educational agencies

6 to establish programs for increasing partner7 ships that respond to the varying needs of par8 ents and the home, including parents of chil9 dren who are disadvantaged, limited English

10 proficient, or have disabilities;

11 ‘‘(ii) every school will actively engage par12 ents and families in a partnership that supports

13 the academic work of children at home and

14 shared educational decisionmaking at school;

15 and

16 ‘‘(iii) parents and families will help to en17 sure that schools are adequately supported and

18 will hold schools and teachers to high standards

19 of accountability.’’.

20 TRANSITION

21 SEC. 4. (a) ACTIONS OF THE SECRETARY.—The Sec22 retary shall take such steps as the Secretary determines

23 to be appropriate to provide for the orderly transition of

24 programs and activities under the ESEA, as amended by

25 the Educational Excellence for All Children Act of 1999,
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1 from programs and activities under the ESEA, as it was

2 in effect the date before the date of enactment of this Act.

3 (b) ACTIONS OF FUNDING RECIPIENTS.—A recipient

4 of funds under the ESEA, as it was in effect the date

5 before the date of enactment of this Act, may use such

6 funds to carry out necessary and reasonable planning and

7 transition activities in order to ensure a smooth implemen8 tation of programs and activities under the ESEA, as

9 amended by this Act.

10 EFFECTIVE DATES

11 SEC. 5. The provisions of this Act shall take effect

12 on July 1, 2000, except that—

13 (1) those amendments that pertain to programs

14 under the ESEA that are conducted by the Sec15 retary on a competitive basis, and the amendments

16 made by title VIII of this Act, shall take effect with

17 respect to appropriations for use under those pro18 grams for fiscal year 2001 and subsequent fiscal

19 years; and

20 (2) section 4 of this Act shall take effect upon

21 enactment.

22 TITLE I—HELPING DISADVANTAGED

23 CHILDREN MEET HIGH STANDARDS

24 DECLARATION OF POLICY AND STATEMENT OF PURPOSE

25 SEC. 101. (a) STATEMENT OF POLICY.—Section

26 1001(a) of the ESEA is amended—
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1 (1) by striking out ‘‘(a) STATEMENT OF POL2 ICY.—(1) IN GENERAL.’’ and inserting in lieu there3 of ‘‘(a) STATEMENT OF POLICY.’’; and

4 (2) by striking out paragraph (2).

5 (b) RECOGNITION OF NEED.—Section 1001(b) of the

6 ESEA is amended—

7 (1) in paragraph (4), by striking out ‘‘and’’ at

8 the end thereof;

9 (2) in paragraph (5)—

10 (A) by striking out ‘‘National Education

11 Goal described in section 102(3) of the Goals

12 2000: Educate America Act’’ and inserting in

13 lieu thereof ‘‘of America’s Education Goals set

14 out in section 3 of this Act’’; and

15 (B) by striking out the period at the end

16 thereof and inserting in lieu thereof a semicolon

17 and ‘‘and’’; and

18 (3) by adding at the end thereof a new para19 graph (6) to read as follows:

20 ‘‘(6) holding local educational agencies and

21 schools accountable for results, including processes

22 for identifying and turning around low-performing

23 schools, provides a focus for educators and promotes

24 better outcomes for students.’’.
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1 (c) WHAT HAS BEEN LEARNED.—Section 1001(c) of

2 the ESEA is amended—

3 (1) in the subsection heading, by striking out

4 ‘‘SINCE 1988’’ and inserting in lieu thereof ‘‘IN RE5 CENT YEARS’’;

6 (2) in the matter before paragraph (1), by

7 striking out ‘‘learned’’;

8 (3) in paragraph (7), by adding the following

9 sentence at the end thereof: ‘‘Family literacy pro10 grams can help parents make this contribution.’’;

11 (4) in paragraph (8)—

12 (A) in the first sentence, by striking out

13 ‘‘Decentralized’’ and inserting in lieu thereof

14 ‘‘Data-driven’’; and

15 (B) in the second sentence, by inserting

16 ‘‘information,’’ before ‘‘resources’’;

17 (5) by striking out paragraphs (2), (3), (6), and

18 (10);

19 (6) by redesignating paragraphs (4), (5), (7),

20 (8), (9), (11), and (12) as paragraphs (8) through

21 (14), respectively; and

22 (7) by inserting new paragraphs (2) through

23 (7) to read as follows:

24 ‘‘(2) Schools that enroll high concentrations of

25 children living in poverty face the greatest chal-
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1 lenges, but recent research demonstrates that, by

2 implementing effective, research-based educational

3 strategies, they can succeed in educating children to

4 high standards.

5 ‘‘(3) New survey data demonstrate that the de6 velopment and implementation of standards and as7 sessments under this title are driving educational re8 form in high-poverty schools and local educational

9 agencies, and in elementary and secondary education

10 generally.

11 ‘‘(4) Standards-based reform, as encouraged,

12 accelerated, and supported by both the Improving

13 America’s Schools Act of 1994 and the Goals 2000:

14 Educate America Act, has resulted in overall im15 proved student achievement and indications are that

16 it is helping to close the achievement gap between

17 minority and non-minority students. A recent study

18 of North Carolina and Texas, the States that reg19 istered the largest achievement gains on the Na20 tional Assessment of Educational Progress, found

21 that the most plausible cause for those gains was an

22 aligned system of standards, curriculum, and assess23 ments tied to accountability for improvement by all

24 students.
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1 ‘‘(5) Other recent research also confirms the va2 lidity of amendments to this title made by the Im3 proving America’s Schools Act of 1994. For exam4 ple, the National Research Council (NRC) report,

5 Preventing Reading Difficulties in Young Children,

6 stresses the importance of language development and

7 literacy in the preschool years, upgrading the cur8 riculum and instruction provided to all children in a

9 school, intensive professional development to prepare

10 teachers and other instructional staff to teach to

11 high standards, and providing extended learning op12 portunities outside the regular school day.

13 ‘‘(6) The NRC report also recommended the

14 early identification of reading difficulties in children

15 in the first grade, to ensure that interventions can

16 be offered early to those who need them most,

17 through the use of multiple approaches, including

18 developmentally appropriate assessments, the careful

19 observation of children’s reading by skilled observ20 ers, and the targeting of interventions to groups in

21 schools with large numbers of at-risk children.

22 ‘‘(7) The educational progress of children par23 ticipating in programs under this title depends on

24 their being taught by credentialed and highly quali25 fied staff, particularly in schools with the highest
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1 concentrations of poverty, where paraprofessionals,

2 uncertified teachers, and teachers teaching out of

3 field frequently provide instructional services.’’.

4 (d) STATEMENT OF PURPOSE.—Section 1001(d) of

5 the ESEA is amended—

6 (1) in paragraph (3), by striking out ‘‘pro7 moting schoolwide reform and’’;

8 (2) in paragraph (6), by inserting a comma and

9 ‘‘such as family literacy programs,’’ after ‘‘opportu10 nities’’;

11 (3) in paragraph (9), by striking out ‘‘schools

12 and’’ and inserting in lieu thereof ‘‘local educational

13 agencies, schools, and’’;

14 (4) by redesignating paragraphs (2) through

15 (9) as paragraphs (3) through (10), respectively;

16 and

17 (5) by inserting after paragraph (1) a new

18 paragraph (2) to read as follows:

19 ‘‘(2) promoting comprehensive schoolwide re20 forms that are based on reliable research and effec21 tive practices;’’.

22 AUTHORIZATION OF APPROPRIATIONS

23 SEC. 102. Section 1002 of the ESEA is amended to

24 read as follows:
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1 ‘‘AUTHORIZATION OF APPROPRIATIONS

2 ‘‘SEC. 1002. (a) LOCAL EDUCATIONAL AGENCY

3 GRANTS.—For the purpose of carrying out part A, there

4 are authorized to be appropriated such sums as may be

5 necessary for fiscal year 2001 and each of the four suc6 ceeding fiscal years.

7 ‘‘(b) EVEN START.—For the purpose of carrying out

8 part B, there are authorized to be appropriated such sums

9 as may be necessary for fiscal year 2001 and each of the

10 four succeeding fiscal years.

11 ‘‘(c) EDUCATION OF MIGRATORY CHILDREN.—For

12 the purpose of carrying out part C, there are authorized

13 to be appropriated such sums as may be necessary for fis14 cal year 2001 and each of the four succeeding fiscal years.

15 ‘‘(d) STATE AGENCY PROGRAMS FOR CHILDREN AND

16 YOUTH WHO ARE NEGLECTED OR DELINQUENT.—For

17 the purpose of carrying out part D, there are authorized

18 to be appropriated such sums as may be necessary for fis19 cal year 2001 and each of the four succeeding fiscal years.

20 ‘‘(e) READING EXCELLENCE.—For the purpose of

21 carrying out part E, there are authorized to be appro22 priated such sums as may be necessary for fiscal year

23 2001 and each of the four succeeding fiscal years, of which

24 the Secretary shall reserve $5 million for each fiscal year

25 to carry out section 1508.
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1 ‘‘(f) FEDERAL ACTIVITIES.—For the purpose of car2 rying out section 1602, there are authorized to be appro3 priated such sums as may be necessary for fiscal year

4 2001 and each of the four succeeding fiscal years.’’.

5 RESERVATIONS FOR ACCOUNTABILITY AND EVALUATION

6 SEC. 103. Section 1003 of the ESEA is amended to

7 read as follows:

8 ‘‘RESERVATIONS FOR ACCOUNTABILITY AND EVALUATION

9 ‘‘SEC. 1003. (a) STATE RESERVATIONS.—(1) Each

10 State educational agency shall reserve 2.5 percent of the

11 amount it receives under part A of this title for fiscal years

12 2001 and 2002, and 3.5 percent of that amount for fiscal

13 years 2003 through 2005, to carry out paragraph (2) and

14 to carry out its responsibilities under sections 1116 and

15 1117, including its statewide system of technical assist16 ance and support for local educational agencies.

17 ‘‘(2) Of the amount reserved under paragraph (1) for

18 any fiscal year, the State educational agency shall either—

19 ‘‘(A) allocate at least 70 percent directly to

20 local educational agencies, by—

21 ‘‘(i) giving first priority to those agencies

22 with schools identified for corrective action

23 under section 1116(c)(5), which those agencies

24 shall use effectively to carry out corrective ac25 tion, as described in that section, in those

26 schools; and
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1 ‘‘(ii) giving second priority to those agen2 cies with other schools identified for school im3 provement under section 1116(c)(1), which

4 those agencies shall use to bring about substan5 tial improvement in the performance of those

6 schools; or

7 ‘‘(B) use at least 70 percent to carry out an al8 ternative system of intervention and corrective ac9 tion approved by the Secretary under section

10 1111(b)(3)(B)(ii).

11 ‘‘(b) NATIONAL ACTIVITIES.—From the total amount

12 appropriated for any fiscal year to carry out this title, the

13 Secretary may reserve not more than 0.30 percent to con14 duct evaluations and studies, collect data, and carry out

15 other activities under section 1601.’’.

16 PART A—BASIC GRANTS

17 STATE PLANS

18 SEC. 111. Section 1111 of the ESEA is amended—

19 (1) in subsection (a)—

20 (A) in paragraph (1)—

21 (i) by inserting a comma and ‘‘in

22 order to help all children achieve to high

23 State standards and to improve teaching

24 and learning in the State,’’ after ‘‘shall’’;

25 and
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1 (ii) by striking out ‘‘the Goals 2000’’

2 and all that follows through ‘‘section

3 14306’’ and inserting in lieu thereof ‘‘the

4 Individuals with Disabilities Education

5 Act, the Carl D. Perkins Vocational and

6 Technical Education Act of 1998, and

7 other Acts, as appropriate’’; and

8 (B) by amending paragraph (2) to read as

9 follows:

10 ‘‘(2) CONSOLIDATED PLAN.—A State may sub11 mit its plan under paragraph (1) as part of a con12 solidated plan under section 11502.’’;

13 (2) in subsection (b)—

14 (A) by amending the subsection heading to

15 read as follows: ‘‘STANDARDS, ASSESSMENTS,

16 AND ACCOUNTABILITY.’’;

17 (B) in paragraph (1)—

18 (i) by amending subparagraph (B) to

19 read as follows:

20 ‘‘(B) The standards required by subpara21 graph (A) shall be the same standards that the

22 State applies to all schools and children in the

23 State.’’; and

24 (ii) by amending subparagraph (C) to

25 read as follows:
42

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1 ‘‘(C) If a State has not adopted State con2 tent and student performance standards for all

3 students, the State shall have such standards

4 for elementary and secondary school children

5 served under this part in subjects determined

6 by the State, but including at least mathematics

7 and reading or language arts, which shall in8 clude the same knowledge, skills, and levels of

9 performance expected of all children.’’;

10 (C) by striking out paragraph (2) and re11 designating paragraph (3) as paragraph (2);

12 (D) in paragraph (2), as so redesignated—

13 (i) by inserting a comma and ‘‘start14 ing no later than the 2000–2001 school

15 year,’’ after ‘‘that will be used’’;

16 (ii) in subparagraph (F)—

17 (I) in clause (ii), by striking out

18 ‘‘and’’ at the end thereof;

19 (II) in clause (iii), by striking out

20 ‘‘can do’’ and all that follows through

21 the end thereof and inserting in lieu

22 thereof ‘‘can do in content areas;’’;

23 and
43

S 1180 IS

1 (III) by adding at the end thereof

2 new clauses (iv) and (v) to read as fol3 lows:

4 ‘‘(iv) the assessment (using tests writ5 ten in Spanish) of Spanish-speaking stu6 dents with limited English proficiency, if

7 Spanish-language assessments are more

8 likely than English-language tests to yield

9 accurate and reliable information on what

10 those students know and can do in content

11 areas other than English; and

12 ‘‘(v) notwithstanding clauses (iii) and

13 (iv), the assessment (using tests written in

14 English) of reading or language arts of

15 any student who has attended school in the

16 United States (not including Puerto Rico)

17 for three or more consecutive years;’’ and

18 (iii) in subparagraph (G)—

19 (I) by striking out ‘‘have at20 tended schools in a local educational

21 agency for a full academic year but’’;

22 and

23 (II) by striking out ‘‘year, how24 ever the’’ and inserting in lieu thereof

25 ‘‘year; however, the’’;
44

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1 (E) by inserting after paragraph (2) a new

2 paragraph (3) to read as follows:

3 ‘‘(3) ACCOUNTABILITY.—(A) Each State receiv4 ing assistance under this part shall develop and im5 plement (and describe in its State plan) a statewide

6 system for holding local educational agencies and

7 schools accountable for student performance that

8 meets the following criteria:

9 ‘‘(i) It is based on the State content and

10 student performance standards described in

11 paragraph (1) and on the assessments described

12 in paragraph (2), and includes multiple indica13 tors, such as attendance and dropout rates.

14 ‘‘(ii) It includes all students in the grades

15 assessed under paragraph (2), in accordance

16 with that paragraph.

17 ‘‘(iii) It holds local educational agencies

18 and schools accountable for student achieve19 ment in at least reading and mathematics.

20 ‘‘(B) The accountability system described in

21 subparagraph (A), and described in the State plan,

22 shall also include a procedure for identifying local

23 educational agencies and schools in need of improve24 ment, intervening in those agencies and schools, and

25 (when those interventions are not effective) imple-
45

S 1180 IS

1 menting corrective actions no later than three years

2 after first identifying such an agency or school, that

3 either—

4 ‘‘(i) complies with sections 1116 and 1117

5 and includes rigorous criteria for identifying

6 those agencies and schools that are based on

7 their failure to make continuous and substantial

8 gains, which the Secretary may define in regu9 lations, in overall student performance and in

10 the performance of the lowest performing stu11 dents; or

12 ‘‘(ii) includes an alternative procedure for

13 identifying and intervening in those agencies

14 and schools, which gives highest priority to cor15 rective actions in the lowest performing agen16 cies and schools that fail to show gains over an

17 extended period, if the Secretary determines

18 that—

19 ‘‘(I) the alternative procedure is at

20 least as effective as the procedures de21 scribed in clause (i) and in sections 1116

22 and 1117, and that the State has shown

23 substantial overall achievement gains and a

24 reduction in the achievement gap between
46

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1 high-performing and low-performing stu2 dents in the State; or

3 ‘‘(II) the alternative procedure will be

4 at least as effective as the procedures de5 scribed in clause (i) and in sections 1116

6 and 1117.

7 ‘‘(C) Each State plan shall also describe how

8 the State will recognize and reward local educational

9 agencies and schools under this part, including, at a

10 minimum, the designation of Distinguished Schools

11 under section 1116(b).

12 ‘‘(D) If a State does not have a statewide sys13 tem for holding local educational agencies account14 able that meets the requirements of subparagraphs

15 (A) through (C), it shall implement a system that

16 meets those requirements for local educational agen17 cies and schools participating under this part.’’;

18 (F) in paragraph (4), by striking out

19 ‘‘paragraph (3)(C)’’ and inserting in lieu there20 of ‘‘paragraph (2)(C)’’;

21 (G) by striking out paragraphs (5) through

22 (7) and inserting in lieu thereof a new para23 graph (5) to read as follows:

24 ‘‘(5) REVISIONS.—A State may revise its final

25 assessments described in this subsection at any time,
47

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1 but no such revision shall affect the timelines estab2 lished under this subsection for identifying, assist3 ing, and taking corrective action with respect to,

4 schools and local educational agencies in need of im5 provement.’’;

6 (H) by redesignating paragraph (8) as

7 paragraph (6); and

8 (I) in paragraph (6), as so redesignated—

9 (i) in subparagraph (A)—

10 (I) by striking out ‘‘sections

11 1112(c)(1)(D), 1114(b), and 1115(c)’’

12 and inserting in lieu thereof ‘‘sections

13 1114 (b) and (c) and 1115’’; and

14 (II) by inserting a comma and

15 ‘‘and in implementing section

16 1120A(c)’’ before the semicolon at the

17 end thereof; and

18 (ii) in subparagraph (B), by inserting

19 ‘‘as’’ after ‘‘factors’’;

20 (3) by amending subsection (c) to read as fol21 lows:

22 ‘‘(c) ASSURANCES.—Each State plan shall contain

23 assurances that the State educational agency—
48

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1 ‘‘(1) has involved the committee of practitioners

2 (established under section 1701(b)) in developing the

3 plan;

4 ‘‘(2) will suballocate at least 97 percent of the

5 allocation it receives under this part for any fiscal

6 year to local educational agencies (except as pro7 vided by sections 1003 and 1701(c)) so that those

8 funds can be used to improve teaching and learning

9 in local schools; and

10 ‘‘(3) will work to reduce State fiscal and ac11 counting barriers so that local educational agencies

12 can combine funds under this part with funds from

13 other Federal, State, and local sources to achieve

14 schoolwide reform in schoolwide programs under sec15 tion 1114.’’;

16 (4) in subsection (d)—

17 (A) by striking out paragraph (2);

18 (B) in paragraph (1)—

19 (i) by striking out the paragraph des20 ignation ‘‘(1)’’ and the paragraph heading

21 ‘‘IN GENERAL.’’; and

22 (ii) by redesignating subparagraphs

23 (A) through (F) as paragraphs (1) through

24 (6);
49

S 1180 IS

1 (C) in paragraph (2), as so redesignated,

2 by inserting a comma and ‘‘and who include ex3 perts on educational standards, assessments,

4 accountability, and the diverse educational

5 needs of students’’ after ‘‘parents’’; and

6 (D) in paragraph (5), as redesignated by

7 subparagraph (B)(ii), by redesignating clauses

8 (i) through (iii) as subparagraphs (A) through

9 (C), respectively;

10 (5) in subsection (e)(1)—

11 (A) by redesignating subparagraphs (A)

12 and (B) as subparagraphs (B) and (C); and

13 (B) by inserting before subparagraph (B)

14 a new subparagraph (A) to read as follows:

15 ‘‘(A) be submitted for the first year for

16 which this part is in effect following the enact17 ment of the Educational Excellence for All Chil18 dren Act of 1999;’’; and

19 (6) by amending subsection (g) to read as fol20 lows:

21 (g) ENFORCEMENT.—If the Secretary determines

22 that a State is not carrying out the requirements of sub23 section (b)(3), relating to accountability, the Secretary

24 may take any of the actions described in section 11209,

25 in addition to any other action authorized by law.’’.
50

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1 LOCAL EDUCATIONAL AGENCY PLANS

2 SEC. 112. Section 1112 of the ESEA is amended—

3 (1) in subsection (a)—

4 (A) in paragraph (1), by striking out

5 ‘‘Goals 2000’’ and all that follows through ‘‘sec6 tion 14306’’ and inserting in lieu thereof ‘‘Indi7 viduals with Disabilities Education Act, the

8 Carl D. Perkins Vocational and Technical Edu9 cation Act of 1998, and other Acts, as appro10 priate’’; and

11 (B) in paragraph (2), by striking out ‘‘sec12 tion 14306’’ and inserting in lieu thereof ‘‘sec13 tion 11504’’;

14 (2) in subsection (b)—

15 (A) in the matter before paragraph (1), by

16 striking out ‘‘Each’’ and inserting in lieu there17 of ‘‘In order to help all children achieve to high

18 standards, each’’;

19 (B) in paragraph (1)—

20 (i) in subparagraph (B), by striking

21 out ‘‘and’’ at the end thereof;

22 (ii) in subparagraph (C), by adding

23 ‘‘and’’ at the end thereof; and

24 (iii) by adding at the end thereof a

25 new subparagraph (D) to read as follows:
51

S 1180 IS

1 ‘‘(D) determine the literacy levels of first

2 graders and their need for interventions, and a

3 description of how it will ensure that any such

4 assessments—

5 ‘‘(i) are developmentally appropriate;

6 ‘‘(ii) use multiple measures to provide

7 information about the variety of skills that

8 research has identified as leading to early

9 reading; and

10 ‘‘(iii) are administered to students in

11 the language most likely to yield valid re12 sults;’’;

13 (C) in paragraph (3), by inserting a

14 comma and ‘‘which shall also be a component of

15 its plan for professional development under title

16 II of this Act, if it receives funds under that

17 title’’ after ‘‘section 1119’’;

18 (D) in paragraph (4)(B)—

19 (i) by striking out ‘‘or who were for20 merly’’ and all that follows through

21 ‘‘1994’’;

22 (ii) by striking out ‘‘and youth at risk

23 of dropping out’’; and
52

S 1180 IS

1 (iii) by inserting ‘‘Indian children

2 served under title IX,’’ after ‘‘under part

3 D,’’;

4 (E) in paragraph (7), by striking out ‘‘eli5 gible’’;

6 (F) by amending paragraph (9) to read as

7 follows:

8 ‘‘(9) where appropriate, a description of how

9 the local educational agency will use funds under

10 this part to support preschool programs in accord11 ance with section 1120B;’’; and

12 (G) by adding at the end thereof new para13 graphs (10) and (11) to read as follows:

14 ‘‘(10) a description of the actions the agency

15 will take to assist its low-performing schools (includ16 ing schools identified under section 1116 as in need

17 of improvement), if there are any such schools, in

18 making the changes needed to educate all children to

19 the State standards; and

20 ‘‘(11) a description of how the agency will pro21 mote the use of extended learning time, such as an

22 extended school year, before- and after-school pro23 grams, and summer programs.’’;

24 (3) in subsection (c)—
53

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1 (A) by striking out paragraphs (2) and

2 (3); and

3 (B) in paragraph (1)—

4 (i) by striking out the paragraph des5 ignation ‘‘(1)’’ and the paragraph heading

6 ‘‘IN GENERAL.’’;

7 (ii) by striking out subparagraphs (D)

8 and (H);

9 (iii) by redesignating subparagraphs

10 (A) through (C) and (E) through (G) as

11 paragraphs (1) through (6), respectively;

12 (iv) in paragraph (3), as so redesig13 nated, by striking out ‘‘adequate yearly

14 progress’’ and inserting in lieu thereof ‘‘the

15 continuous and substantial gains called for

16 under section 1111(b)(3)’’;

17 (v) in paragraph (6), as redesignated

18 by clause (iii), by striking out ‘‘and’’ at the

19 end thereof; and

20 (vi) by adding at the end thereof new

21 paragraphs (7) and (8) to read as follows:

22 ‘‘(7) annually assess the English proficiency of

23 all children with limited English proficiency partici24 pating in programs under this part, use the results

25 of those assessments to help guide and modify in-
54

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1 struction in the content areas, and provide those re2 sults to the parents of those children; and

3 ‘‘(8) comply with the requirements of section

4 1119 regarding qualifications of teachers and para5 professionals.’’;

6 (4) by amending subsection (d) to read as fol7 lows:

8 ‘‘(d) PLAN DEVELOPMENT AND DURATION.—(1)

9 Each local educational agency plan shall be developed in

10 consultation with teachers, administrators, and other ap11 propriate school personnel, and with parents of children

12 in schools served under this part.

13 ‘‘(2) Each such plan shall be submitted for the first

14 year for which this part is in effect following enactment

15 of the Educational Excellence for All Children Act of 1999

16 and shall remain in effect for the duration of the agency’s

17 participation under this part.

18 ‘‘(3) Each such local educational agency shall—

19 ‘‘(A) periodically review and, as necessary, re20 vise its plan, including revisions that respond to any

21 peer review carried out under this part; and

22 ‘‘(B) submit any such revisions to the State

23 educational agency for its approval.’’; and

24 (5) in subsection (e)—
55

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1 (A) by amending paragraph (1) to read as

2 follows:

3 ‘‘(1) IN GENERAL.—Each local educational

4 agency plan shall be filed according to a schedule es5 tablished by the State educational agency.’’;

6 (B) in paragraph (2), by inserting a

7 comma and ‘‘through a peer-review process,’’

8 after ‘‘determines’’; and

9 (C) by striking out paragraph (3).

10 ELIGIBLE SCHOOL ATTENDANCE AREAS

11 SEC. 113. Section 1113 of the ESEA is amended—

12 (1) in subsection (a)(7), by striking out ‘‘with’’

13 and all that follows through ‘‘if’’ and inserting in

14 lieu thereof ‘‘under a desegregation plan ordered by

15 a State or court or approved by the Secretary, or

16 such a plan that the agency continues to implement

17 after it has expired, if’’;

18 (2) in subsection (b)(1)—

19 (A) in subparagraph (B), by striking out

20 ‘‘and’’ at the end thereof;

21 (B) in subparagraph (C)(iii), by striking

22 out the period at the end thereof and inserting

23 in lieu thereof a semicolon and ‘‘and’’; and

24 (C) by adding at the end thereof a new

25 subparagraph (D) to read as follows:
56

S 1180 IS

1 ‘‘(D) designate and serve a school attend2 ance area or school that is not eligible under

3 subsection (a)(2), but that was eligible and that

4 was served in the preceding fiscal year, but only

5 for one additional fiscal year.’’; and

6 (3) in subsection (c)—

7 (A) in paragraph (2), by adding at the end

8 thereof a new subparagraph (C) to read as fol9 lows:

10 ‘‘(C) A local educational agency may allo11 cate a greater per-child amount of funds under

12 this part to higher-poverty school attendance

13 areas and schools than it provides to lower-pov14 erty areas and schools.’’; and

15 (B) in paragraph (3)(A), by striking out

16 ‘‘where appropriate, eligible’’.

17 SCHOOLWIDE PROGRAMS

18 SEC. 114. (a) PURPOSE AND ELIGIBILITY.—Section

19 1114(a) of the ESEA is amended—

20 (1) by amending the subsection heading to read

21 as follows: ‘‘PURPOSE AND ELIGIBILITY.’’;

22 (2) by amending paragraphs (1) and (2) to

23 read as follows:

24 ‘‘(1) PURPOSE.—The purpose of a schoolwide

25 program under this section is to—
57

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1 ‘‘(A) enable a local educational agency to

2 use funds under this part, in combination with

3 other Federal, State, and local funds, to up4 grade the entire educational program in a high5 poverty school; and

6 ‘‘(B) help ensure that all children in such

7 a school meet challenging State standards for

8 student performance, particularly those children

9 who are most at risk of not meeting those

10 standards.

11 ‘‘(2) ELIGIBILITY.—A local educational agency

12 may use funds under this part for the purposes de13 scribed in paragraph (1) for a school that, in the

14 first year of the schoolwide program—

15 ‘‘(A) serves an eligible school attendance

16 area in which at least 50 percent of the children

17 are from low-income families; or

18 ‘‘(B) has a student enrollment at least 50

19 percent of which is comprised of such chil20 dren.’’;

21 (3) in paragraph (4)(A)—

22 (A) by striking out ‘‘subsection (b)’’ and

23 inserting in lieu thereof ‘‘subsections (b) and

24 (c)’’; and
58

S 1180 IS

1 (B) by inserting a comma and ‘‘except as

2 provided in section 613(a)(2)(D) of that Act’’

3 after ‘‘Individuals with Disabilities Education

4 Act’’; and

5 (4) by striking out paragraph (5).

6 (b) REORGANIZATION OF SECTION.—Section 1114 of

7 the ESEA is further amended—

8 (1) by striking out subsection (c); and

9 (2) by redesignating paragraph (2) of sub10 section (b) as subsection (c).

11 (c) COMPONENTS.—Section 1114(b) of the ESEA, as

12 amended by subsection (b)(2), is amended to read as fol13 lows:

14 ‘‘(b) COMPONENTS OF A SCHOOLWIDE PROGRAM.—

15 A schoolwide program shall include the following compo16 nents:

17 ‘‘(1) A comprehensive needs assessment of the

18 entire school that is based on—

19 ‘‘(A) information on the performance of all

20 children in the school in relation to the State

21 content standards and the State student per22 formance standards described in section

23 1111(b)(1); and

24 ‘‘(B) other factors that affect teaching and

25 learning in the school.
59

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1 ‘‘(2) A coherent, research-based design to im2 prove teaching and learning throughout the entire

3 school that is based on the data from the needs as4 sessment described in paragraph (1) and includes—

5 ‘‘(A) schoolwide reform strategies that—

6 ‘‘(i) provide opportunities for all chil7 dren to meet the State’s proficient and ad8 vanced levels of student performance de9 scribed in section 1111(b)(1)(D);

10 ‘‘(ii) use effective research-based

11 methods and instructional strategies

12 that—

13 ‘‘(I) strengthen the core aca14 demic program in the school;

15 ‘‘(II) increase the amount and

16 quality of learning time, such as pro17 viding an extended school year and

18 before- and after-school and summer

19 programs and opportunities, and help

20 provide an enriched and accelerated

21 curriculum; and

22 ‘‘(III) include strategies for meet23 ing the educational needs of histori24 cally underserved populations, includ-
60

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1 ing children with limited English pro2 ficiency;

3 ‘‘(iii)(I) address the needs of all chil4 dren in the school, but particularly the

5 needs of children who are most at risk of

6 not meeting the State student performance

7 standards, including the needs of children

8 who are members of the target population

9 of any program that is included in the

10 schoolwide program; and

11 ‘‘(II) address how the school will de12 termine if those needs have been met; and

13 ‘‘(iv) are integrated with, and are de14 signed to implement, State and local im15 provement plans or policies for comprehen16 sive standards-based reform;

17 ‘‘(B) instruction by highly qualified profes18 sional staff employed in accordance with section

19 1119;

20 ‘‘(C) in accordance with section 1119, on21 going, high-quality professional development for

22 teachers and aides and, where appropriate,

23 pupil services personnel, parents, principals,

24 and other staff to enable all children in the
61

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1 school to meet the State student performance

2 standards;

3 ‘‘(D) strategies to increase parental in4 volvement, such as family literacy services;

5 ‘‘(E) plans for addressing transitions to

6 and from the grade span served by the

7 schoolwide program by, for example—

8 ‘‘(i) assisting preschool children in the

9 transition from early childhood programs

10 to kindergarten; and

11 ‘‘(ii) preparing high-school students

12 for the transition from school to further

13 education or the workplace; and

14 ‘‘(F) activities to ensure that students who

15 experience difficulty mastering any of the

16 standards required by section 1111(b) during

17 the course of the school year are provided with

18 effective, timely additional assistance, which

19 shall include—

20 ‘‘(i) measures to ensure that students’

21 difficulties are identified on a timely basis

22 and to provide sufficient information on

23 which to base effective assistance;

24 ‘‘(ii) for any student who has not met

25 those standards, teacher-parent con-
62

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1 ferences, at which the teacher and parents

2 shall discuss—

3 ‘‘(I) what the school will do to

4 help the student meet those stand5 ards;

6 ‘‘(II) what the parents can do to

7 help the student improve his or her

8 performance; and

9 ‘‘(III) additional assistance that

10 may be available to the student at the

11 school or elsewhere in the community;

12 and

13 ‘‘(iii) specific interventions, such as

14 providing before- and after-school and

15 summer programs, and one-on-one tutoring

16 during non-instructional time.

17 ‘‘(3) Regular review of the school’s progress in

18 implementing its program and in achieving its goals

19 for student achievement.’’.

20 (d) SCHOOLWIDE PLANS.—Subsection (c) of section

21 1114 of the ESEA, as redesignated by subsection (b)(2),

22 is amended—

23 (1) by striking out subparagraph (B);

24 (2) by redesignating subparagraphs (A) and (C)

25 as paragraphs (1) and (2), respectively;
63

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1 (3) in paragraph (1), as so redesignated—

2 (A) by striking out ‘‘date of enactment’’

3 and all that follows through ‘‘section 1117,’’

4 and inserting in lieu thereof ‘‘effective date of

5 the Educational Excellence for All Children Act

6 of 1999), in consultation with the local edu7 cational agency,’’;

8 (B) by redesignating clauses (i) through

9 (vii) as subparagraphs (A) through (G);

10 (C) in subparagraph (A), as redesignated

11 by subparagraph (B), by striking out ‘‘para12 graph (1)’’ and inserting in lieu thereof ‘‘sub13 section (b)’’; and

14 (D) in subparagraph (D), as redesignated

15 by subparagraph (B), by striking out ‘‘section

16 1111(b)(3)’’ and inserting in lieu thereof ‘‘sec17 tion 1111(b)(2)’’;

18 (4) in paragraph (2), as redesignated by para19 graph (2)—

20 (A) by redesignating clauses (i) through

21 (v) as subparagraphs (A) through (E);

22 (B) in subparagraph (A), as so

23 redesignated—

24 (i) by redesignating subclauses (I) and

25 (II) as clauses (i) and (ii);
64

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1 (ii) in clause (i), as so redesignated,

2 by striking out ‘‘agency’’ and all that fol3 lows through ‘‘1117,’’ and inserting in lieu

4 thereof ‘‘agency’’; and

5 (iii) in clause (ii), as redesignated by

6 clause (i), by striking out ‘‘the date of en7 actment of the Improving America’s

8 Schools Act of 1994’’ and inserting in lieu

9 thereof ‘‘the effective date of the Edu10 cational Excellence for All Children Act of

11 1999’’; and

12 (C) in subparagraph (B), as redesignated

13 by subparagraph (A), by striking out ‘‘other

14 staff’’ and all that follows through ‘‘personnel’’

15 and inserting in lieu thereof ‘‘appropriate school

16 staff’’; and

17 (5) by adding at the end thereof a new para18 graph (3) to read as follows:

19 ‘‘(3) No school shall implement a new or revised

20 plan under this section until the local educational

21 agency subjects it to a peer-review process, which

22 may include reviewers from outside the agency, and

23 approves it.’’.

24 TARGETED ASSISTANCE SCHOOLS

25 SEC. 115. Section 1115 of the ESEA is amended—

26 (1) in subsection (b)—
65

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1 (A) in paragraph (1)(A)—

2 (i) by striking out ‘‘part’’ and insert3 ing in lieu thereof ‘‘section’’; and

4 (ii) in clause (ii), by striking out

5 ‘‘public education’’ and all that follows

6 through ‘‘setting’’ and inserting in lieu

7 thereof ‘‘public education’’; and

8 (B) in paragraph (2)—

9 (i) by amending subparagraph (A)(i)

10 to read as follows:

11 ‘‘(i) Children with disabilities, migrant

12 children, and children with limited English

13 proficiency are eligible for services under

14 this part on the same basis as other chil15 dren.’’;

16 (ii) in subparagraph (B), by inserting

17 ‘‘or in pre-school services under this title’’

18 after ‘‘program’’;

19 (iii) in subparagraph (C)—

20 (I) in clause (i), by striking out

21 ‘‘the program’’ and all that follows

22 through ‘‘may be’’ and inserting in

23 lieu thereof ‘‘part D is’’; and
66

S 1180 IS

1 (II) in clause (ii), by striking out

2 ‘‘may be eligible’’ and inserting in lieu

3 thereof ‘‘is eligible’’; and

4 (iv) in subparagraph (D), by striking

5 out ‘‘may be eligible’’ and inserting in lieu

6 thereof ‘‘is eligible’’;

7 (2) in subsection (c)(1)—

8 (A) in subparagraph (B), by adding a

9 comma and ‘‘such as research-based approaches

10 for modifying instruction for children with lim11 ited English proficiency’’ after ‘‘children’’;

12 (B) in subparagraph (D)(ii), by striking

13 out ‘‘curriculum, including applied learning’’

14 and inserting in lieu thereof ‘‘curriculum’’;

15 (C) by amending subparagraph (E) to read

16 as follows:

17 ‘‘(E) coordinate with and support the reg18 ular education program, which may include

19 services to assist preschool children in the tran20 sition from early childhood programs to elemen21 tary school programs and, for programs serving

22 high schools, preparing students for the transi23 tion from school to further education or the

24 workplace;’’;
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1 (D) in subparagraph (F), by inserting

2 ‘‘employed in accordance with section 1119’’

3 after ‘‘staff’’;

4 (E) in subparagraph (G), by striking out

5 ‘‘subsection (e)(3) and’’; and

6 (F) in subparagraph (H), by striking out

7 ‘‘literary’’ and inserting in lieu thereof ‘‘lit8 eracy’’; and

9 (3) in subsection (e), by striking out paragraph

10 (3).

11 SCHOOL CHOICE

12 SEC. 115A. Section 1115A(b)(4) of the ESEA is

13 amended by striking out ‘‘section 1111(b)(3)’’ and insert14 ing in lieu thereof ‘‘section 1111(b)(2)’’.

15 ASSESSMENT AND LOCAL EDUCATIONAL AGENCY AND

16 SCHOOL IMPROVEMENT

17 SEC. 116. Subsections (a) through (d) of section

18 1116 of the ESEA are amended to read as follows:

19 ‘‘(a) LOCAL REVIEW.—Each local educational agency

20 receiving funds under this part shall—

21 ‘‘(1) use the State assessments and other indi22 cators described in the State plan, as well as any ad23 ditional measures or indicators described in the local

24 educational agency’s plan, to review annually the

25 progress of each school served under this part to de26 termine if it is making continuous and substantial
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1 gains as described in section 1111(b)(3) toward ena2 bling its students to meet the State student perform3 ance standards described in the State plan; and

4 ‘‘(2) provide the results of the local annual re5 view to schools so that they can continually refine

6 the program of instruction to help all children served

7 under this part in those schools meet those stand8 ards.

9 ‘‘(b) DESIGNATION OF DISTINGUISHED SCHOOLS.—

10 Each State educational agency shall designate as ‘Distin11 guished Schools’ those schools served under this part that

12 meet criteria established by the State, such as—

13 ‘‘(1) making the continuous and substantial

14 gains in student performance described in section

15 1111(b)(3) for three consecutive years;

16 ‘‘(2) having nearly all students meet the State

17 ‘proficient’ or ‘advanced’ levels of student perform18 ance; or

19 ‘‘(3) achieving, or significantly improving, eq20 uity in participation and achievement of students by

21 sex and race.

22 ‘‘(c) SCHOOL IMPROVEMENT.—

23 ‘‘(1) IN GENERAL.—

24 ‘‘(A) PURPOSE.—In order to improve staff,

25 curriculum, and the services offered to children,
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1 so that they can meet challenging State stand2 ards, each local educational agency shall iden3 tify for school improvement any school served

4 under this part that—

5 ‘‘(i) for two consecutive years, failed

6 to meet the State’s criteria under section

7 1111(b)(3) either for overall improvement

8 or for improvement of the lowest per9 forming students, unless the Secretary has

10 approved an alternative procedure pro11 posed by the State in its plan under sec12 tion 1111(b)(3)(B)(ii); or

13 ‘‘(ii) immediately preceding the effec14 tive date of the amendments to this section

15 made by the Educational Excellence for All

16 Children Act of 1999, was in school-im17 provement status under this section, as

18 then in effect.

19 ‘‘(B) TRANSITION.—The two-year period

20 described in subparagraph (A) shall include any

21 continuous period of time, immediately pre22 ceding the effective date of the amendments

23 made to this section by the Educational Excel24 lence for All Children Act of 1999, during

25 which a school did not make adequate progress
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1 as defined in the State’s plan under section

2 1111(b)(2)(B) or (7)(B), as then in effect.

3 ‘‘(C) TARGETED ASSISTANCE SCHOOLS.—

4 In determining whether a school that is con5 ducting a targeted assistance program under

6 section 1115 should be identified as in need of

7 improvement under this paragraph, a local edu8 cational agency may choose to review the

9 progress of only those students in that school

10 who are served under this part.

11 ‘‘(2) OPPORTUNITY TO REVIEW AND PRESENT

12 EVIDENCE.—(A) Before identifying a school for

13 school improvement under paragraph (1), the local

14 educational agency shall provide the school with an

15 opportunity to review the school-level data, including

16 assessment data, on which that proposed identifica17 tion is based.

18 ‘‘(B) If the school believes that the proposed

19 identification is in error for statistical or other sub20 stantive reasons, it may provide supporting evidence

21 to the local educational agency, which such agency

22 shall consider before making a final determination.

23 ‘‘(3) SCHOOL PLAN.—(A) Each school identified

24 under paragraph (1) shall, within three months of

25 being so identified, develop or revise a school plan,
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1 in consultation with parents, school staff, the local

2 educational agency, and a State school support team

3 or other outside experts, that includes research4 based strategies and specific goals and objectives for

5 making continuous and substantial progress and

6 that—

7 ‘‘(i) has the greatest likelihood of improv8 ing the performance of participating children in

9 meeting the State’s student performance stand10 ards;

11 ‘‘(ii) addresses the fundamental teaching

12 and learning needs in that school, and the spe13 cific academic problems of low-performing stu14 dents;

15 ‘‘(iii) identifies and addresses the need to

16 improve the skills of its staff through effective

17 professional development;

18 ‘‘(iv) identifies student performance tar19 gets and goals for the next three years; and

20 ‘‘(v) specifies the responsibilities of the

21 local educational agency and the school under

22 the plan.

23 ‘‘(B) The local educational agency shall prompt24 ly subject the plan to a peer-review process, work
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1 with the school to revise the plan as necessary, and

2 approve the plan.

3 ‘‘(C) The school shall implement its plan (or re4 vised plan) as soon as it is approved.

5 ‘‘(4) TECHNICAL ASSISTANCE.—For each school

6 identified under paragraph (1), the local educational

7 agency shall provide technical or other assistance as

8 the school develops and implements its plan.

9 ‘‘(5) CORRECTIVE ACTION.—In order to help

10 students served under this part meet challenging

11 State standards, each local educational agency shall

12 implement a system of corrective action in accord13 ance with the following, unless the Secretary has ap14 proved an alternative procedure proposed by the

15 State in its plan under section 1111(b)(3)(B)(ii):

16 ‘‘(A) After providing technical assistance

17 under paragraph (4) and taking other remedial

18 measures, the local educational agency—

19 ‘‘(i) may take corrective action at any

20 time with respect to a school that has been

21 identified under paragraph (1);

22 ‘‘(ii) shall take corrective action with

23 respect to any school that still fails to

24 make continuous and substantial gains, as

25 defined by the State, immediately after the
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1 third year following its identification under

2 paragraph (1), except that the local edu3 cational agency may refrain from taking

4 such action for not more than one addi5 tional year if it assesses the school’s per6 formance and determines that—

7 ‘‘(I) the school is meeting the

8 targets and goals of the school im9 provement plan described in para10 graph (3)(A)(iv), as shown by an im11 provement in student achievement

12 through a one-year gain in scores on

13 the State assessment; and

14 ‘‘(II) the school will meet the

15 State’s criteria for continuous and

16 substantial gains within one year; and

17 ‘‘(iii) shall continue to provide tech18 nical assistance while instituting any cor19 rective action under clause (i) or (ii).

20 ‘‘(B) As used in this paragraph, the term

21 ‘corrective action’ means action, consistent with

22 State and local law, that—

23 ‘‘(i) substantially and directly re24 sponds to the consistent academic failure

25 that caused that agency to take that action
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1 and to any underlying staffing, curricular,

2 or other problems in the school; and

3 ‘‘(ii) is designed to substantially in4 crease the likelihood that students in that

5 school will meet challenging State stand6 ards.

7 ‘‘(C) In any case described in subpara8 graph (A)(ii), the local educational agency shall

9 take at least one of the following corrective ac10 tions:

11 ‘‘(i) Instituting and fully imple12 menting a new curriculum, including ap13 propriate professional development for all

14 relevant staff, that is research-based and

15 offers substantial promise of improving

16 educational achievement for low-per17 forming students.

18 ‘‘(ii) Redesigning the school by recon19 stituting all or part of the school staff in

20 a manner consistent with section 1119(a);

21 restructuring the school, such as by cre22 ating schools within schools or other small23 er learning environments; or re-opening the

24 school under alternative governance ar-
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1 rangements, such as a public charter

2 school.

3 ‘‘(iii) Closing the school.

4 ‘‘(iv) In conjunction with any other

5 action described in clauses (i) through (iii),

6 allowing students in the school who are

7 served under this part to choose to attend

8 other public schools and providing them

9 transportation (or the costs of transpor10 tation) to those schools.

11 ‘‘(D) The local educational agency shall

12 make public and disseminate any corrective ac13 tion it takes under this paragraph.

14 ‘‘(E) OPPORTUNITY TO REVIEW AND

15 PRESENT EVIDENCE.—(i) Before determining

16 that it will take corrective action with respect to

17 any school under this paragraph, the local edu18 cational agency shall provide the school an op19 portunity to review the school-level data, includ20 ing assessment data, on which the proposed de21 termination is made.

22 ‘‘(ii) If the school believes that the pro23 posed determination is in error for statistical or

24 other substantive reasons, it may provide sup25 porting evidence to the local educational agency,
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1 which shall consider it before making a final de2 termination.

3 ‘‘(6) STATE EDUCATIONAL AGENCY RESPON4 SIBILITIES.—If a State educational agency deter5 mines that a local educational agency failed to carry

6 out its responsibilities under paragraphs (4) and (5),

7 it shall take such action as it finds necessary to im8 prove the affected schools and to ensure that the

9 local educational agency carries out those respon10 sibilities.

11 ‘‘(7) SPECIAL RULE.—A local educational agen12 cy may remove from school-improvement status

13 under this subsection any school that meets the

14 State’s criteria under section 1111(b)(3), including

15 showing substantial gains by the lowest-performing

16 students, for at least two of the three years following

17 its identification under paragraph (1).

18 ‘‘(d) STATE REVIEW AND LEA IMPROVEMENT.—

19 ‘‘(1) PURPOSE.—In order to ensure that chil20 dren served under this part meet challenging State

21 standards, each State educational agency shall annu22 ally review the progress of each participating local

23 educational agency, in accordance with section

24 1111(b)(3), to determine whether it is meeting the

25 State’s criteria for accountability, including showing
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1 continuous and substantial gains in the achievement

2 of the lowest-performing students.

3 ‘‘(2) DISTINGUISHED SCHOOL DISTRICTS.—

4 Each State may designate as ‘Distinguished School

5 Districts’ those local educational agencies that, over

6 a three-year period, meet or exceed such criteria as

7 the State may establish for performance and im8 provement under this part.

9 ‘‘(3) IDENTIFICATION.—(A) A State edu10 cational agency shall identify for improvement any

11 local educational agency that, for two consecutive

12 years, does not meet the State’s criteria for account13 ability under section 1111(b)(3), including showing

14 continuous and substantial gains in achievement for

15 the lowest-performing students, unless the Secretary

16 has approved an alternative procedure in the State’s

17 plan under section 1111(b)(3)(B)(ii).

18 ‘‘(B)(i) Before identifying a local educational

19 agency for improvement under subparagraph (A),

20 the State educational agency shall provide the local

21 educational agency with an opportunity to review the

22 school-level data, including assessment data, on

23 which that proposed identification is based.

24 ‘‘(ii) If the local educational agency believes

25 that such proposed identification is in error due to
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1 statistical or other substantive reasons, the local

2 educational agency may provide supporting evidence,

3 which the State educational agency shall consider

4 before making a final determination.

5 ‘‘(4) LOCAL EDUCATIONAL AGENCY REVI6 SIONS.—(A) Each local educational agency identified

7 under paragraph (3) shall, within three months of

8 being so identified, revise its plan under section

9 1112, in consultation with schools, parents, and out10 side educational experts, to—

11 ‘‘(i) address the fundamental teaching and

12 learning needs in the schools of that agency,

13 and the specific academic problems of low-per14 forming students;

15 ‘‘(ii) have the greatest likelihood of improv16 ing the performance of participating children in

17 meeting the State’s student performance stand18 ards; and

19 ‘‘(iii) identify annual student performance

20 targets and goals for the next three years.

21 ‘‘(B) Such revision shall include determining

22 why the local educational agency’s plan failed to

23 bring about increased achievement.
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1 ‘‘(C) The local educational agency shall submit

2 its revised plan to the State educational agency for

3 peer review and approval.

4 ‘‘(5) STATE EDUCATIONAL AGENCY RESPONSI5 BILITY.—For each local educational agency identi6 fied under paragraph (3), the State educational

7 agency shall provide technical or other assistance, if

8 requested, as authorized under section 1117, to bet9 ter enable the local educational agency to—

10 ‘‘(A) develop and implement its revised

11 plan; and

12 ‘‘(B) work with schools needing improve13 ment.

14 ‘‘(6) CORRECTIVE ACTION.—In order to ensure

15 that children served under this part meet chal16 lenging State standards, each State educational

17 agency shall implement a system of corrective action

18 in accordance with the following, unless the Sec19 retary has approved an alternative procedure in the

20 State’s plan under section 1111(b)(3)(B)(ii):

21 ‘‘(A) After providing technical assistance

22 under paragraph (5) and taking other remedial

23 measures, the State educational agency—

24 ‘‘(i) may take corrective action at any

25 time with respect to a local educational
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1 agency that has been identified under

2 paragraph (3);

3 ‘‘(ii) shall take such action with re4 spect to any local educational agency that

5 still fails to make continuous and substan6 tial gains, as defined by the State, imme7 diately after the third year following its

8 identification under paragraph (3), except

9 that the State educational agency may re10 frain from taking such action for not more

11 than one additional year if it assesses the

12 local educational agency’s performance and

13 determines that—

14 ‘‘(I) the local educational agency

15 is meeting the targets and goals in its

16 revised plan, as described in para17 graph (4)(A)(iii), as shown by an im18 provement in student achievement

19 through a one-year gain in scores on

20 the State assessment; and

21 ‘‘(II) the local educational agency

22 will meet the State’s criteria for con23 tinuous and substantial gains within

24 one year; and
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1 ‘‘(iii) shall continue to provide tech2 nical assistance while instituting any cor3 rective action under clause (i) or (ii).

4 ‘‘(B) As used in this paragraph, the term

5 ‘corrective action’ means action, consistent with

6 State law, that—

7 ‘‘(i) substantially and directly re8 sponds to the persistent academic failure

9 that caused that agency to take that action

10 and to any underlying staffing, curricular,

11 or other problems in the local educational

12 agency; and

13 ‘‘(ii) is designed to substantially in14 crease the likelihood that students in the

15 local educational agency’s schools will meet

16 challenging State standards.

17 ‘‘(C) In any case described in subpara18 graph (A)(ii), the State educational agency

19 shall take at least one of the following correc20 tive actions:

21 ‘‘(i) Withholding of funds.

22 ‘‘(ii) Appointing a receiver or trustee

23 to administer the affairs of the local edu24 cational agency in place of the super25 intendent and school board.
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1 ‘‘(iii) Abolishing or restructuring the

2 local educational agency.

3 ‘‘(iv) In conjunction with any other

4 action described in this subparagraph, al5 lowing students in schools served under

6 this part to choose to attend public schools

7 in other local educational agencies and pro8 viding them transportation (or the costs of

9 transportation) to those schools.

10 ‘‘(D) Before implementing any corrective

11 action under subparagraph (A), the State edu12 cational agency shall provide due process and a

13 hearing to the affected local educational agency,

14 if State law provides for such process and hear15 ing.

16 ‘‘(E) The State educational agency shall

17 make public and disseminate any corrective ac18 tion it takes under this paragraph.

19 ‘‘(7) SPECIAL RULE.—A State educational

20 agency may remove from improvement status under

21 this subsection any local educational agency that, for

22 at least two of the three years following identifica23 tion under paragraph (3), makes substantial gains

24 toward meeting the State’s standards.’’.
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1 STATE ASSISTANCE FOR SCHOOL SUPPORT AND

2 IMPROVEMENT

3 SEC. 117. Section 1117 of the ESEA is amended to

4 read as follows:

5 ‘‘STATE ASSISTANCE FOR SCHOOL DISTRICT AND SCHOOL

6 SUPPORT AND IMPROVEMENT

7 ‘‘SEC. 1117. (a) SYSTEM FOR SUPPORT.—Each State

8 educational agency shall establish a statewide system of

9 intensive and sustained support and improvement for local

10 educational agencies and schools receiving funds under

11 this part, in order to increase the opportunity for all stu12 dents in those agencies and schools to meet the State’s

13 content standards and student performance standards.

14 ‘‘(b) PRIORITIES.—In carrying out this section, the

15 State educational agency shall—

16 ‘‘(1) first provide support and assistance to

17 local educational agencies subject to corrective action

18 under section 1116 and to help schools, in accord19 ance with section 1116(c)(6), for which a local edu20 cational agency has failed to carry out its respon21 sibilities under section 1116(c)(4) and (5);

22 ‘‘(2) next, provide support and assistance to

23 other local educational agencies identified as in need

24 of improvement under section 1116; and

25 ‘‘(3) then provide support and assistance to

26 other local educational agencies and schools partici-
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1 pating under this part that need that support and

2 assistance in order to achieve the purpose of this

3 part.

4 ‘‘(c) APPROACHES.—In order to achieve the purpose

5 described in subsection (a), each such system shall provide

6 technical assistance and support through such approaches

7 as—

8 ‘‘(1) school support teams, composed of individ9 uals who are knowledgeable about research and

10 practice on teaching and learning, particularly about

11 strategies for improving educational results for low12 achieving students;

13 ‘‘(2) the designation and use of ‘Distinguished

14 Educators’, chosen from schools served under this

15 part that have been especially successful in enabling

16 children to meet (or make outstanding progress to17 ward meeting) State standards; and

18 ‘‘(3) a peer-review process designed to increase

19 the capacity of local educational agencies and

20 schools to develop high-quality school improvement

21 plans.

22 ‘‘(d) FUNDS.—Each State educational agency—

23 ‘‘(1) shall use funds reserved under section

24 1003(a)(1), but not used under section 1003(a)(2),

25 to carry out this section; and
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1 ‘‘(2) may use State administrative funds re2 served under section 1701(c) for that purpose.’’.

3 PARENTAL INVOLVEMENT

4 SEC. 118. Section 1118 of the ESEA is amended—

5 (1) in subsection (a)(3)(A), by striking out

6 ‘‘(other than funds allocated under section

7 1002(e))’’;

8 (2) in subsection (c)—

9 (A) in paragraph (3), by striking out ‘‘sec10 tion 1114(b)’’ and inserting in lieu thereof

11 ‘‘section 1114(c)’’;

12 (B) in paragraph (4)(B)—

13 (i) by striking out ‘‘school perform14 ance profiles required under section

15 1116(a)(3)’’ and inserting in lieu thereof

16 ‘‘the school report cards required by sec17 tion 11206’’; and

18 (ii) by striking out ‘‘section

19 1111(b)(3)(H)’’ and inserting in lieu there20 of ‘‘section 1111(b)(2)(H)’’; and

21 (C) in paragraph (5)—

22 (i) by striking out ‘‘section

23 1114(b)(2)’’ and inserting in lieu thereof

24 ‘‘section 1114(c)’’; and
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1 (ii) by striking out ‘‘participating chil2 dren’’ and inserting in lieu thereof ‘‘chil3 dren attending the school’’;

4 (3) in subsection (e)(1)—

5 (A) by striking out ‘‘the National Edu6 cation Goals’’ and inserting in lieu thereof

7 ‘‘America’s Education Goals’’; and

8 (B) by striking out ‘‘section 1111(b)(8)’’

9 and inserting in lieu thereof ‘‘section

10 1111(b)(6)’’;

11 (4) in subsection (f), by striking out ‘‘the pa12 rental involvement requirements of’’; and

13 (5) by striking out subsection (g).

14 TEACHER QUALIFICATIONS AND PROFESSIONAL

15 DEVELOPMENT

16 SEC. 119. Section 1119 of the ESEA is amended—

17 (1) by amending the section heading to read as

18 follows: ‘‘HIGH-QUALITY INSTRUCTION’’;

19 (2) by striking out subsections (f), (h), and (i)

20 and redesignating subsections (b) through (e) and

21 subsection (g) as subsections (d) through (h), re22 spectively;

23 (3) by amending subsection (a) to read as fol24 lows:

25 ‘‘(a) PURPOSE AND GENERAL REQUIREMENTS.—In

26 order to enable all children to meet challenging State
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1 standards, each local educational agency receiving assist2 ance under this part shall—

3 ‘‘(1) hire qualified instructional staff, consistent

4 with subsections (b) and (c);

5 ‘‘(2) provide high-quality professional develop6 ment that will improve teaching and learning in core

7 content areas, consistent with subsection (d); and

8 ‘‘(3) use at least five percent of its allocation

9 under this part for fiscal years 2001 and 2002, and

10 10 percent of that allocation for subsequent fiscal

11 years, for that professional development, except that

12 if a local educational agency fails to make substan13 tial progress against the indicators for professional

14 development identified by the Secretary under sec15 tion 2136 or the indicators for teacher quality estab16 lished by the State under section 11205 or by the

17 Secretary under section 11912, the State edu18 cational agency may withhold all or a portion of the

19 funds described in this paragraph and shall use any

20 funds so withheld to provide, or arrange for the pro21 vision of, the professional development described in

22 paragraph (2).’’;

23 (4) by inserting new subsections (b) and (c) to

24 read as follows:
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1 ‘‘(b) MINIMUM QUALIFICATIONS FOR TEACHERS.—

2 Each local educational agency shall ensure that, by no

3 later than the effective date of the amendments to this

4 section made by the Educational Excellence for All Chil5 dren Act of 1999, all new teachers in programs supported

6 with funds under this part—

7 ‘‘(1) are certified in the field in which they will

8 teach; or

9 ‘‘(2) have a bachelors degree and are enrolled

10 in a program through which they will obtain such

11 certification within three years.

12 ‘‘(c) PARAPROFESSIONALS.—(1) Each local edu13 cational agency shall ensure that, not later than July 1,

14 2002, all paraprofessionals working in programs sup15 ported with funds under this part meet the educational

16 requirements of paragraph (2) or (3) and perform only

17 the duties described in those paragraphs.

18 ‘‘(2) A paraprofessional may perform any of the fol19 lowing duties only if he or she has completed at least two

20 years of college and is under the direct supervision of a

21 teacher:

22 ‘‘(A) One-on-one tutoring for eligible students.

23 Any such tutoring must be at times that are in addi24 tion to the time a student would otherwise receive

25 instruction from a teacher.
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1 ‘‘(B) Assisting with classroom management,

2 such as organizing instructional and other materials.

3 ‘‘(C) Providing assistance in a computer labora4 tory.

5 ‘‘(3) A paraprofessional who possesses a secondary

6 school diploma or its equivalent, but who has not com7 pleted at least two years of college, may perform only non8 instructional duties, such as improving parental involve9 ment, providing support in a library or media center, or

10 acting as a translator.

11 ‘‘(4) Each local educational agency shall ensure that

12 each paraprofessional described in paragraph (1)—

13 ‘‘(A) is appropriately trained and possesses the

14 knowledge and skills sufficient to support teachers,

15 parents, or school administrators, as the case may

16 be, in meeting the goals of this part;

17 ‘‘(B) participates in professional development

18 and other training opportunities directly relevant to

19 his or her work assignment or to upgrading his or

20 her assignment; and

21 ‘‘(C) is supervised by a teacher or other appro22 priate school staff member.’’;

23 (5) in subsection (d), as redesignated by para24 graph (2)—
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1 (A) by amending paragraph (1) to read as

2 follows:

3 ‘‘(1) Professional development under this sec4 tion shall include principals, teachers, and other

5 school staff in its design and shall—

6 ‘‘(A) improve the ability of teachers to help

7 all students, including children with disabilities,

8 children with limited English proficiency, and

9 economically disadvantaged children, reach high

10 State content and student performance stand11 ards;

12 ‘‘(B) advance teacher understanding of one

13 or more of the core academic subject areas and

14 effective instructional strategies for improving

15 student achievement in those areas;

16 ‘‘(C) be of sufficient duration to have a

17 positive and lasting impact on classroom in18 struction;

19 ‘‘(D) be an integral part of broader school

20 and district-wide plans for raising student

21 achievement to State standards;

22 ‘‘(E) be based on the best available re23 search on teaching and learning;

24 ‘‘(F) include professional development ac25 tivities that involve collaborative groups of
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1 teachers and administrators from the same

2 school or district and, to the greatest extent

3 possible, include follow-up and school-based

4 support such as coaching or study groups; and

5 ‘‘(G) as a whole, be regularly evaluated for

6 its impact on increased teacher effectiveness

7 and improved student achievement, with the

8 findings of such evaluations used to improve the

9 quality of professional development.’’; and

10 (B) in paragraph (2)—

11 (i) by amending subparagraph (A) to

12 read as follows:

13 ‘‘(A) instruction in the use of data and as14 sessments to inform and instruct classroom

15 practice;’’;

16 (ii) by amending subparagraph (D) to

17 read as follows:

18 ‘‘(D) instruction in the use of technology

19 as a tool to improve instruction;’’; and

20 (iii) in subparagraph (H), by striking

21 out ‘‘Head Start’’ and all that follows

22 through ‘‘personnel’’ and inserting in lieu

23 thereof ‘‘Head Start, or family literacy

24 programs such as Even Start; State-run
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1 preschool program personnel; and child2 care providers’’; and

3 (6) in subsection (h), as redesignated by para4 graph (2), by striking out ‘‘this Act’’ and all that

5 follows through ‘‘sources’’ and inserting in lieu

6 thereof ‘‘this Act and other sources’’.

7 PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE

8 SCHOOLS

9 SEC. 120. Section 1120 of the ESEA is amended—

10 (1) in subsection (a)—

11 (A) in paragraph (1), by inserting ‘‘that

12 address their needs, and shall ensure that

13 teachers and families of these students partici14 pate, on an equitable basis, in services and ac15 tivities under sections 1118 and 1119’’ before

16 the period at the end thereof; and

17 (B) in paragraph (4), by inserting, before

18 the period at the end thereof, a comma and

19 ‘‘which the local educational agency may deter20 mine each year or every two years’’;

21 (2) in subsection (b)—

22 (A) in paragraph (1)—

23 (i) in subparagraph (D), by striking

24 out ‘‘assessed; and’’ and inserting in lieu

25 thereof ‘‘assessed, and how the results of
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1 that assessment will be used to improve

2 those services’’;

3 (ii) in subparagraph (E), by striking

4 out ‘‘what is’’ and all that follows through

5 the period at the end thereof and inserting

6 in lieu thereof ‘‘the amounts of funds gen7 erated by low-income private school chil8 dren in each participating attendance area

9 for those services;’’; and

10 (iii) by adding at the end thereof new

11 subparagraphs (F) and (G) to read as fol12 lows:

13 ‘‘(F) the method or sources of data that

14 are used under subsection (a)(4) to determine

15 the number of children from low-income fami16 lies in participating school attendance areas

17 who attend private schools; and

18 ‘‘(G) how and when the agency will make

19 decisions about the delivery of services to those

20 children.’’; and

21 (B) in paragraph (2)—

22 (i) by inserting ‘‘shall include meet23 ings of agency and private school officials

24 and’’ after ‘‘consultation’’; and
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1 (ii) by inserting a comma and ‘‘and

2 shall continue throughout implementation

3 and assessment of activities under this sec4 tion’’ before the period at the end thereof;

5 (3) in subsection (d)(2), by striking out ‘‘sec6 tions 14505 and 14506’’ and inserting in lieu there7 of ‘‘sections 11805 and 11806’’; and

8 (4) by striking out subsection (e).

9 FISCAL REQUIREMENTS

10 SEC. 120A. Section 1120A of the ESEA is

11 amended—

12 (1) in subsection (a), by striking out ‘‘section

13 14501’’ and inserting in lieu thereof ‘‘section

14 11801’’; and

15 (2) in subsection (c)—

16 (A) in paragraph (2)—

17 (i) by amending the paragraph head18 ing to read as follows: ‘‘CRITERIA FOR

19 MEETING COMPARABILITY REQUIRE20 MENT.’’;

21 (ii) by amending subparagraph (A) to

22 read as follows:

23 ‘‘(A) To meet the requirement of para24 graph (1), a local educational agency shall es25 tablish, and obtain the State educational agen26 cy’s approval of, policies to ensure com-
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1 parability in the use of State and local funds

2 among its schools participating under this part

3 and its other schools with respect to—

4 ‘‘(i) pupil-teacher ratios and the quali5 fications of teachers (by category of assign6 ment, such as regular education, special

7 education, and bilingual education) and

8 professional staff;

9 ‘‘(ii) curriculum, the range of courses

10 offered, instructional materials, and in11 structional resources to ensure that partici12 pating children have the opportunity to

13 achieve to the highest student performance

14 levels under the State’s challenging content

15 and student performance standards; and

16 ‘‘(iii) the condition and safety of

17 school facilities, and their accessibility to

18 technology.’’;

19 (iii) by striking out subparagraph (B)

20 and redesignating subparagraph (C) as

21 subparagraph (B); and

22 (iv) by inserting after subparagraph

23 (B), as so redesignated, a new subpara24 graph (C) to read as follows:
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1 ‘‘(C) Notwithstanding subparagraph (A), a

2 local educational agency may continue to meet

3 the requirement of paragraph (1) by complying

4 with subparagraph (A) as it was in effect prior

5 to the enactment of the Educational Excellence

6 for All Children Act of 1999, but each local

7 educational agency shall comply with subpara8 graph (A), as amended by that Act, no later

9 than July 1, 2002.’’; and

10 (B) in paragraph (3)(B), by striking out

11 ‘‘biennially’’ and inserting in lieu thereof ‘‘an12 nually’’.

13 PRESCHOOL SERVICES AND COORDINATION

14 REQUIREMENTS

15 SEC. 120B. Section 1120B of the ESEA is

16 amended—

17 (1) by amending the section heading to read as

18 follows: ‘‘PRESCHOOL SERVICES; COORDINATION RE19 QUIREMENTS’’;

20 (2) in subsection (c), by striking out ‘‘Head

21 Start Act Amendments of 1994’’ and inserting in

22 lieu thereof ‘‘Head Start Amendments of 1998’’; and

23 (3) by adding the following at the end thereof:

24 ‘‘(d) PRESCHOOL SERVICES.—(1) A local educational

25 agency may use funds received under this part to provide

26 preschool services—
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1 ‘‘(A) directly to eligible preschool children in all

2 or part of its jurisdiction;

3 ‘‘(B) through any school participating in the

4 agency’s program under this part; or

5 ‘‘(C) through a contract with a local Head

6 Start agency, a partnership operating an Even Start

7 program, a State-funded preschool program, or a

8 comparable public early-childhood development pro9 gram.

10 ‘‘(2) Preschool programs operated with funds pro11 vided under this part may be operated and funded jointly

12 with Even Start programs under part B of this title, Head

13 Start programs, or State-funded preschool programs.

14 ‘‘(3) All preschool programs funded under this part

15 shall—

16 ‘‘(A) focus on the developmental needs of par17 ticipating children, including their social, cognitive,

18 and language-development needs, and use research19 based approaches that build on competencies that

20 lead to school success, particularly in language and

21 literacy development and in reading; and

22 ‘‘(B) ensure that participating children, at a

23 minimum—

24 ‘‘(i) understand and use language to com25 municate for various purposes;
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1 ‘‘(ii) understand and use increasingly com2 plex and varied vocabulary;

3 ‘‘(iii) develop and demonstrate an appre4 ciation of books;

5 ‘‘(iv) develop phonemic, print, and

6 numeracy awareness; and

7 ‘‘(v) in the case of children with limited

8 English proficiency, progress toward acquisition

9 of the English language.—

10 ALLOCATIONS

11 SEC. 120C. (a) GRANTS FOR THE OUTLYING AREAS

12 AND THE SECRETARY OF THE INTERIOR.—Section

13 1121(b) of the ESEA is amended—

14 (1) in paragraph (1), by striking out ‘‘para15 graph (3)’’ and inserting in lieu thereof ‘‘paragraph

16 (2)’’; and

17 (2) in paragraph (2)(A), by inserting ‘‘not more

18 than’’ after ‘‘shall reserve’’.

19 (b) ALLOCATIONS TO STATES.—Section 1122 of the

20 ESEA is amended to read as follows:

21 ‘‘ALLOCATIONS TO STATES

22 ‘‘SEC. 1122. (a) AMOUNTS FOR BASIC GRANTS, CON23 CENTRATION GRANTS, AND TARGETED GRANTS.—Of the

24 amount appropriated under section 1002(a) for any fiscal

25 year that remains after funds are reserved under section
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1 1003(b), the Secretary shall allocate the greater of the fol2 lowing to targeted grants under section 1125:

3 ‘‘(1) 20 percent of that remaining amount.

4 ‘‘(2) The portion of that remaining amount that

5 exceeds the combined appropriation for fiscal year

6 1995 for basic grants under section 1124 and for

7 concentration grants under section 1124A.

8 ‘‘(b) ALLOCATIONS.—Except as provided in sub9 sections (c) and (d), the Secretary shall allocate to each

10 State the sum of the amounts determined for the local

11 educational agencies in the State under sections 1124,

12 1124A, and 1125.

13 ‘‘(c) ADUSTMENTS IN CASE OF INSUFFICIENT AP14 PROPRIATIONS.—(1) If the sums available for any fiscal

15 year under subsection (a) are insufficient to pay the full

16 amounts that all local educational agencies in the States

17 are eligible to receive under sections 1124, 1124A, and

18 1125, the Secretary shall ratably reduce the allocations

19 to those agencies and to the States.

20 ‘‘(2) If additional funds become available for making

21 payments under those sections, the Secretary shall ratably

22 increase those allocations.

23 ‘‘(d) HOLD-HARMLESS AMOUNTS.—(1) Notwith24 standing subsections (b) and (c), the amount made avail-
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1 able to each local educational agency under each of sec2 tions 1124 and 1125 for any fiscal year shall be—

3 ‘‘(A) at least 95 percent of its amount for the

4 previous fiscal year if the number of children count5 ed under section 1124(c) is at least 30 percent of

6 the total number of children aged 5 through 17 in

7 that agency;

8 ‘‘(B) at least 90 percent of its amount for the

9 previous fiscal year if the number of children so

10 counted is at least 15 percent, but less than 30 per11 cent, of the total number of children aged 5 through

12 17 in that agency; and

13 ‘‘(C) at least 85 percent of its amount for the

14 previous fiscal year if the number of children so

15 counted is less than 15 percent of the total number

16 of children aged 5 through 17 in that agency.

17 ‘‘(2) In any fiscal year for which the Secretary makes

18 allocations under this part to counties—

19 ‘‘(A) the Secretary shall apply the percentages

20 described in paragraph (1) to counties; and

21 ‘‘(B) if the allocation to a county is not suffi22 cient to meet the requirement of paragraph (1) for

23 each local educational agency in that county, the

24 State educational agency shall proportionately reallo25 cate funds from all other local educational agencies
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1 in the State that would otherwise receive allocations

2 in excess of the amounts determined under that

3 paragraph.

4 ‘‘(e) DEFINITION.—For the purpose of this section

5 and sections 1124, 1124A, and 1125, the term ‘State’

6 means each of the 50 States, the District of Columbia,

7 and the Commonwealth of Puerto Rico.’’.

8 (c) BASIC GRANTS TO LOCAL EDUCATIONAL AGEN9 CIES.—Section 1124 of the ESEA is amended—

10 (1) in subsection (a)—

11 (A) by amending paragraph (1) to read as

12 follows:

13 ‘‘(1) GRANTS FOR LOCAL EDUCATIONAL AGEN14 CIES.—Except as provided in paragraph (4) and in

15 section 1126, the grant that a local educational

16 agency is eligible to receive under this section for a

17 fiscal year is the amount determined by

18 multiplying—

19 ‘‘(A) the number of children counted under

20 subsection (c); and

21 ‘‘(B) 40 percent of the average per-pupil

22 expenditure in the State, except that the

23 amount determined under this subparagraph

24 shall not be less than 32 percent, and not more
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1 than 48 percent, of the average per-pupil ex2 penditure in the United States.’’;

3 (B) by redesignating paragraphs (3) and

4 (4) as paragraphs (4) and (5), respectively;

5 (C) by amending paragraph (2), and in6 serting after paragraph (2) a new paragraph

7 (3), to read as follows:

8 ‘‘(2) CALCULATION OF GRANTS.—

9 ‘‘(A) ALLOCATIONS TO LOCAL EDU10 CATIONAL AGENCIES.—The Secretary shall cal11 culate grants under this section on the basis of

12 the number of children counted under sub13 section (c) for local educational agencies, unless

14 the Secretary and the Secretary of Commerce

15 determine that some or all of those data are un16 reliable or that their use would be otherwise in17 appropriate, in which case—

18 ‘‘(i) the two Secretaries shall publicly

19 disclose the reasons for their determination

20 in detail; and

21 ‘‘(ii) paragraph (3) shall apply.

22 ‘‘(B) ALLOCATIONS TO LARGE AND SMALL

23 LOCAL EDUCATIONAL AGENCIES.—(i) For any

24 fiscal year to which this paragraph applies, the
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1 Secretary shall calculate grants under this sec2 tion for each local educational agency.

3 ‘‘(ii) The amount of a grant under this

4 section for each large local educational agency

5 shall be the amount determined under clause

6 (i).

7 ‘‘(iii) For small local educational agencies,

8 the State educational agency may either—

9 ‘‘(I) distribute grants under this sec10 tion in amounts determined by the Sec11 retary under clause (i); or

12 ‘‘(II) use an alternative method ap13 proved by the Secretary to distribute the

14 portion of the State’s total grants under

15 this section that is based on those small

16 agencies.

17 ‘‘(iv) An alternative method under clause

18 (iii)(II) shall be based on population data that

19 the State educational agency determines best

20 reflect the current distribution of children in

21 poor families among the State’s small local edu22 cational agencies that meet the eligibility cri23 teria of subsection (b).

24 ‘‘(v) If a small local educational agency is

25 dissatisfied with the determination of its grant
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1 by the State educational agency under clause

2 (iii)(II), it may appeal that determination to the

3 Secretary, who shall respond within 45 days of

4 receiving it.

5 ‘‘(vi) As used in this subparagraph—

6 ‘‘(I) the term ‘large local educational

7 agency’ means a local educational agency

8 serving an area with a total population of

9 20,000 or more; and

10 ‘‘(II) the term ‘small local educational

11 agency’ means a local educational agency

12 serving an area with a total population of

13 less than 20,000.

14 ‘‘(3) ALLOCATIONS TO COUNTIES.—(A) For any

15 fiscal year to which this paragraph applies, the Sec16 retary shall calculate grants under this section on

17 the basis of the number of children counted under

18 section 1124(c) for counties, and State educational

19 agencies shall suballocate county amounts to local

20 educational agencies, in accordance with regulations

21 of the Secretary.

22 ‘‘(B) In any State in which a large number of

23 local educational agencies overlap county boundaries,

24 or for which the State believes it has data that

25 would better target funds than allocating them by
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1 county, the State educational agency may apply to

2 the Secretary for authority to make the allocations

3 under this part for a particular fiscal year directly

4 to local educational agencies without regard to coun5 ties.

6 ‘‘(C) If the Secretary approves its application

7 under subparagraph (B), the State educational

8 agency shall provide the Secretary an assurance that

9 those allocations will be made—

10 ‘‘(i) using precisely the same factors for

11 determining a grant as are used under this

12 part; or

13 ‘‘(ii) using data that the State educational

14 agency submits to the Secretary for approval

15 that more accurately target poverty.

16 ‘‘(D) The State educational agency shall pro17 vide the Secretary an assurance that a procedure is

18 (or will be) established through which local edu19 cational agencies that are dissatisfied with its deter20 minations under subparagraph (B) may appeal di21 rectly to the Secretary for a final determination.’’;

22 and

23 (D) by amending paragraph (4), as redes24 ignated by subparagraph (B), to read as fol25 lows:
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1 ‘‘(4) PUERTO RICO.—The grant that the Com2 monwealth of Puerto Rico is eligible to receive under

3 this section for a fiscal year is the amount deter4 mined for Puerto Rico under paragraph (1), multi5 plied by the following:

6 ‘‘(A) For fiscal year 2001, 77.6 percent.

7 ‘‘(B) For fiscal year 2002, 83.2 percent.

8 ‘‘(C) For fiscal year 2003, 88.8 percent.

9 ‘‘(D) For fiscal year 2004, 94.4 percent.

10 ‘‘(E) For fiscal years starting with fiscal

11 year 2005, 100 percent.’’;

12 (2) by amending subsection (b) to read as fol13 lows:

14 ‘‘(b) MINIMUM NUMBER OF CHILDREN TO QUAL15 IFY.—A local educational agency is eligible for a basic

16 grant under this section for any fiscal year only if the

17 number of children counted under subsection (c) for that

18 agency is both—

19 ‘‘(1) 10 or more; and

20 ‘‘(2) more than two percent of the total school21 age population in the agency’s jurisdiction.’’;

22 (3) in subsection (c)—

23 (A) in paragraph (1)—

24 (i) in subparagraph (A), by adding

25 ‘‘and’’ at the end thereof;
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1 (ii) by striking out subparagraph (B)

2 and redesignating subparagraph (C) as

3 subparagraph (B); and

4 (iii) in subparagraph (B), as so redes5 ignated, by inserting ‘‘(determined under

6 paragraph (4) for either the preceding year

7 as described in that paragraph, or for the

8 second preceding year, as the Secretary

9 finds appropriate)’’ after ‘‘number of chil10 dren’’;

11 (B) in paragraph (2)—

12 (i) in the second sentence, by striking

13 out ‘‘For fiscal year 1999 and beyond,

14 the’’ and inserting in lieu thereof ‘‘The’’;

15 and

16 (ii) by striking out the third and

17 fourth sentences;

18 (C) in paragraph (3)—

19 (i) in the first sentence—

20 (I) by striking out ‘‘1997’’ and

21 inserting in lieu thereof ‘‘2001’’; and

22 (II) by striking out ‘‘unreliable’’

23 and all that follows through Sciences’’

24 and inserting in lieu thereof ‘‘unreli25 able’’; and
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1 (ii) in the second sentence, by striking

2 out ‘‘jointly issue a report setting forth

3 their reasons in detail’’ and inserting in

4 lieu thereof ‘‘publicly disclose their rea5 sons’’;

6 (D) by striking out paragraph (4) and re7 designating paragraphs (5) and (6) as para8 graphs (4) and (5), respectively;

9 (E) in paragraph (4), as redesignated by

10 subparagraph (D)—

11 (i) by striking out the first sentence;

12 (ii) in the second sentence—

13 (I) by striking out ‘‘the number

14 of such children and’’;

15 (II) by striking out ‘‘of such

16 ages’’ and inserting in lieu thereof

17 ‘‘aged 5 through 17’’; and

18 (III) by striking out ‘‘(using’’

19 and all that follows through ‘‘Octo20 ber)’’; and

21 (iii) by adding the following sentence

22 at the end thereof: ‘‘For the purpose of

23 this section, the Secretary shall consider all

24 children who are in correctional institu-
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S 1180 IS

1 tions to be living in institutions for delin2 quent children.’’; and

3 (F) in paragraph (5), as redesignated by

4 subparagraph (D), by striking out the final sen5 tence; and

6 (4) in subsection (d), by striking out ‘‘sub7 section (b)(1) or (d) of’’.

8 (d) CONCENTRATION GRANTS.—Section 1124A of

9 the ESEA is amended—

10 (1) in subsection (a)—

11 (A) in paragraph (1)—

12 (i) by amending subparagraph (A) to

13 read as follows:

14 ‘‘(A) Except as provided in subparagraph

15 (B), each local educational agency that is eligi16 ble for a grant under section 1124 for any fis17 cal year is eligible for an additional grant under

18 this section for that fiscal year if the number

19 of children counted under section 1124(c) in

20 the agency exceeds either—

21 ‘‘(i) 6,500; or

22 ‘‘(ii) 15 percent of the total number of

23 children aged 5 through 17 in the agen24 cy.’’; and

25 (ii) in subparagraph (B)—
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1 (I) by striking out ‘‘such sub2 sections (b)(1) and (d) of’’; and

3 (II) by striking out ‘‘described in

4 subparagraph (A)’’; and

5 (B) by amending paragraph (4) to read as

6 follows:

7 ‘‘(4) LOCAL ALLOCATIONS.—(A) Grant

8 amounts under this section shall be determined in

9 accordance with section 1124(a)(2) and (3).

10 ‘‘(B) For any fiscal year for which the Sec11 retary allocates funds under this section to counties,

12 a State may reserve not more than two percent of

13 its allocation under this section for any fiscal year

14 to make grants to local educational agencies that

15 meet the criteria of paragraph (1)(A)(i) or (ii) but

16 that are in ineligible counties.’’; and

17 (2) by deleting subsections (b) and (c) and re18 designating subsection (d) as subsection (b).

19 (e) TARGETED ASSISTANCE GRANTS.—Section 1125

20 of the ESEA is amended—

21 (1) in subsection (b)—

22 (A) in paragraph (1)(B), by striking out

23 ‘‘the second sentence of subparagraph

24 1124(a)(1)(A)’’ and inserting in lieu thereof

25 ‘‘section 1124(a)(1)(A)’’; and
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1 (B) in paragraph (2), by striking out ‘‘sub2 paragraph 1124(a)(3)’’ and inserting in lieu

3 thereof ‘‘section 1124(a)(4)’’;

4 (2) in subsection (c)—

5 (A) in paragraph (1), by amending the

6 paragraph heading to read as follows:

7 ‘‘WEIGHTS FOR ALLOCATIONS TO COUNTIES.’’;

8 and

9 (B) in paragraph (2)—

10 (i) by amending the paragraph head11 ing to read as follows: ‘‘WEIGHTS FOR AL12 LOCATIONS TO LOCAL EDUCATIONAL AGEN13 CIES.’’; and

14 (ii) in subparagraph (A), by striking

15 out ‘‘beginning with fiscal year 1999’’;

16 (3) by amending subsection (d) to read as fol17 lows:

18 ‘‘(d) CALCULATION OF GRANT AMOUNTS.—Grants

19 under this section shall be calculated in accordance with

20 section 1124(a)(2) and (3).’’; and

21 (4) in subsection (e), by striking out ‘‘sub22 section (b)(1) or (d) of’’.

23 (f) EDUCATION FINANCE INCENTIVE PROGRAM.—

24 Section 1125A of the ESEA is amended—
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1 (1) by amending subsection (a) to read as fol2 lows:

3 ‘‘(a) GRANTS.—From sums appropriated to carry out

4 this section, the Secretary is authorized to make grants

5 to States to carry out the purposes of this part.’’;

6 (2) in subsection (b)—

7 (A) by striking out ‘‘Funds appropriated

8 pursuant to subsection (e)’’ and inserting in

9 lieu thereof ‘‘Funds described in subsection (a)

10 for each fiscal year’’; and

11 (B) by striking out ‘‘appropriated pursuant

12 to subsection (e) for such fiscal year’’ and in13 serting in lieu thereof ‘‘of those funds’’; and

14 (3) by striking out subsection (e).

15 (g) SPECIAL ALLOCATION PROCEDURES.—Section

16 1126(a)(1) of the ESEA is amended—

17 (1) by inserting ‘‘or delinquent’’ after ‘‘ne18 glected’’; and

19 (2) by striking out ‘‘subparagraph

20 1124(c)(1)(C)’’ and inserting in lieu thereof ‘‘section

21 1124(c)(1)(B)’’.

22 PROGRAM INDICATORS

23 SEC. 120D. Part A of title I of the ESEA is further

24 amended by adding at the end thereof a new subpart 3

25 to read as follows:
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1 ‘‘Subpart 3—Program Indicators

2 ‘‘PROGRAM INDICATORS

3 ‘‘SEC. 1131. Each State receiving assistance under

4 this part shall report to the Secretary each year with re5 spect to its progress in meeting the following performance

6 indicators for participating schools and local educational

7 agencies, and shall use those indicators to improve its pro8 gram performance:

9 ‘‘(1) STUDENT PERFORMANCE.—Increasing

10 percentages of students in schools with at least 50

11 percent poverty will meet proficient and advanced

12 performance levels on State assessments in reading

13 and mathematics.

14 ‘‘(2) STUDENT PERFORMANCE.—The average

15 scores representing the performance of the lowest

16 achieving students on State assessments will in17 crease annually in both reading and mathematics.

18 ‘‘(3) ACCOUNTABILITY.—Increasing percentages

19 of schools identified as in need of improvement

20 under this part will show academic progress after

21 two years.

22 ‘‘(4) QUALIFIED TEACHERS.—The percentage

23 of teachers in programs under this part who are cer24 tified in the field in which they teach will increase

25 annually.
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1 ‘‘(5) ALIGNED CURRICULA AND MATERIALS.—

2 Increasing percentages of school principals will re3 port that curricula and instructional materials in use

4 in their school are aligned with challenging State

5 content standards.

6 ‘‘(6) EXTENDED TIME.—Increasing percentages

7 of schools will operate before- and after-school, sum8 mer, and other programs designed to extend and re9 inforce student learning.

10 ‘‘(7) PARENTAL INVOLVEMENT.—Increasing

11 percentages of parents will report that their schools

12 engage them in supporting their children’s learn13 ing.’’.

14 PART B—EVEN START

15 STATEMENT OF PURPOSE

16 SEC. 121. Section 1201 of the ESEA is amended—

17 (1) in paragraph (1), by inserting ‘‘high-qual18 ity’’ after ‘‘existing’’;

19 (2) in paragraph (2), by striking out ‘‘and’’ at

20 the end thereof;

21 (3) in paragraph (3), by striking out the period

22 and inserting in lieu thereof a semicolon and ‘‘and’’;

23 and

24 (4) by adding at the end thereof a new para25 graph (4) to read as follows:
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1 ‘‘(4) be based on the best available research on

2 language development, reading instruction, and pre3 vention of reading difficulties.’’.

4 PROGRAM AUTHORIZED

5 SEC. 122. Section 1202 of the ESEA is amended—

6 (1) by amending subsection (a) to read as fol7 lows:

8 ‘‘(a) RESERVATION OF FUNDS.—For each fiscal year,

9 the Secretary shall reserve 5 percent of the amount appro10 priated under section 1002(b) for programs, under such

11 terms and conditions as the Secretary shall establish, that

12 are consistent with the purpose of this part, and that sup13 port national demonstration and model projects for iso14 lated and especially hard-to-reach populations, which shall

15 include projects for—

16 ‘‘(1) children of migratory workers;

17 ‘‘(2) the outlying areas, for which the Secretary

18 shall reserve one-half of one percent of the funds ap19 propriated under section 1002(b);

20 ‘‘(3) Indian tribes and tribal organizations; and

21 ‘‘(4) such other populations as the Secretary

22 may from time to time determine, such as families

23 that are homeless, that have children with severe

24 disabilities, or that include incarcerated mothers of

25 young children.’’;
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1 (2) by amending subsection (b) to read as fol2 lows:

3 ‘‘(b) RESERVATION FOR FEDERAL ACTIVITIES.—

4 From amounts appropriated under section 1002(b) for

5 any fiscal year, the Secretary may reserve not more than

6 one percent to provide, directly or through grants or con7 tracts with eligible organizations, technical assistance,

8 program improvement, and replication activities.’’;

9 (3) in subsection (c)—

10 (A) by amending the subsection heading to

11 read ‘‘RESERVATION FOR STATEWIDE FAMILY

12 LITERACY INITIATIVES.’’;

13 (B) in paragraph (1), by striking out

14 ‘‘From funds reserved under section

15 2260(b)(3), the Secretary shall’’ and inserting

16 in lieu thereof ‘‘From funds appropriated under

17 section 1002(b) for any fiscal year, the Sec18 retary may’’;

19 (C) in paragraph (2)(C)—

20 (i) in the subparagraph heading, by

21 striking out ‘‘PART C OF TITLE II’’ and

22 inserting in lieu thereof ‘‘PART E’’;

23 (ii) by striking out ‘‘section 2253(d)’’

24 and inserting in lieu thereof ‘‘section

25 1503(d)’’; and
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1 (iii) by striking out ‘‘section 2253’’

2 and inserting in lieu thereof ‘‘section

3 1503’’; and

4 (D) in paragraph (3), by striking out ‘‘sec5 tion 2252’’ and inserting in lieu thereof ‘‘sec6 tion 1502’’;

7 (4) in subsection (d)—

8 (A) in paragraph (2), by striking out ‘‘that

9 section’’ and inserting in lieu thereof ‘‘that

10 part’’; and

11 (B) in paragraph (3)—

12 (i) by striking out ‘‘$250,000, or’’;

13 and

14 (ii) by striking out ‘‘such year, which15 ever is greater’’ and inserting in lieu there16 of ‘‘such year’’; and

17 (5) in subsection (e)—

18 (A) in paragraph (2), by striking out ‘‘non19 profit’’; and

20 (B) in paragraph (3), by striking out the

21 period at the end thereof and inserting in lieu

22 thereof a semicolon.

23 STATE PROGRAMS

24 SEC. 123. Section 1203 of the ESEA is amended—

25 (1) by redesignating subsections (a) and (b) as

26 subsections (b) and (c), respectively;
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1 (2) by inserting a new subsection (a) to read as

2 follows:

3 ‘‘(a) STATE PLAN.—

4 ‘‘(1) CONTENTS.—Each State that desires to

5 receive a grant under this part shall submit a plan

6 to the Secretary containing such budgetary and

7 other information as the Secretary may require, and

8 which shall—

9 ‘‘(A) include the State’s indicators of pro10 gram quality, developed under section 1210 or,

11 if the State has not completed work on those

12 indicators, describe its progress in developing

13 them;

14 ‘‘(B) describe how the State is using, or

15 will use, those indicators to monitor, evaluate,

16 and improve projects it assists under this part,

17 and to decide whether to continue assisting

18 those projects;

19 ‘‘(C) describe how the State will help each

20 project under this part ensure the full imple21 mentation of the program elements described in

22 section 1205, including how it will encourage

23 local projects to use technology, such as dis24 tance learning, to improve program access and
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1 the intensity of services, especially for isolated

2 populations;

3 ‘‘(D) describe how the State will conduct

4 the competition for subgrants, including the ap5 plication of the criteria described in section

6 1208; and

7 ‘‘(E) describe how the State will coordinate

8 resources, especially among State agencies, to

9 improve family literacy services in the State.

10 ‘‘(2) DURATION.—Each State plan shall—

11 ‘‘(A) be submitted for the first year for

12 which this part is in effect following the enact13 ment of the Educational Excellence for All Chil14 dren Act of 1999;

15 ‘‘(B) remain in effect for the duration of

16 the State’s participation under this part; and

17 ‘‘(C) be periodically reviewed and revised

18 by the State, as necessary.’’;

19 (3) in subsection (b), as redesignated by para20 graph (1)—

21 (A) by striking out ‘‘section 1202(d)(1)’’

22 and inserting in lieu thereof ‘‘section 1202(d)’’;

23 and
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1 (B) in paragraph (2), by striking out ‘‘sub2 section (b)’’ and inserting in lieu thereof ‘‘sub3 section (c)’’; and

4 (4) in paragraph (1) of subsection (c), as redes5 ignated by paragraph (1)—

6 (A) by striking out ‘‘section 1202(d)(1)’’

7 and inserting in lieu thereof ‘‘section 1202(d)’’;

8 and

9 (B) by striking out ‘‘subsection (a)’’ and

10 inserting in lieu thereof ‘‘subsection (b)’’.

11 USES OF FUNDS

12 SEC. 124. Section 1204 of the ESEA is amended—

13 (1) in subsection (a), by striking out ‘‘family14 centered education programs’’ and inserting in lieu

15 thereof ‘‘family literacy services’’; and

16 (2) in subsection (b)(1), by inserting ‘‘and in

17 section 1208(c)(2)’’ after ‘‘paragraph (2)’’.

18 PROGRAM ELEMENTS

19 SEC. 125. Section 1205 of the ESEA is amended to

20 read as follows:

21 ‘‘PROGRAM ELEMENTS

22 ‘‘SEC. 1205. Each program assisted under this part

23 shall—

24 ‘‘(1) identify and recruit families most in need

25 of services provided under this part, as indicated by

26 the eligible parent or parents’ low income and low
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1 level of adult literacy or English language pro2 ficiency, and other need-related factors;

3 ‘‘(2) screen and prepare parents (including

4 teenage parents) and children to enable them to par5 ticipate fully in the activities and services provided

6 under this part, including testing, referral to nec7 essary counseling, and other developmental, support,

8 and related services;

9 ‘‘(3) be designed to accommodate participating

10 families’ work schedules and other responsibilities,

11 including scheduling and locating services to allow

12 joint participation by parents and children, and pro13 viding support services necessary for participation in

14 the activities assisted under this part if those serv15 ices are unavailable from other sources, such as—

16 ‘‘(A) child care for the period that the par17 ents are involved in the programs assisted

18 under this part;

19 ‘‘(B) transportation to enable parents and

20 their children to participate in those programs;

21 and

22 ‘‘(C) career counseling and job-placement

23 services;

24 ‘‘(4) provide high-quality, intensive family lit25 eracy services (as defined in section 1202(e)(3)),
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1 using instructional approaches that the best avail2 able research on reading indicates will be most effec3 tive in building adult literacy and children’s lan4 guage development and reading ability;

5 ‘‘(5) with respect to the qualifications of staff

6 whose salaries are supported with funds under this

7 part, ensure that—

8 ‘‘(A)(i) a majority of instruction is pro9 vided by teachers who have obtained at least a

10 bachelor’s degree, and who are certified in the

11 field in which they are teaching, or who are en12 rolled in a program leading to such certification

13 within two years;

14 ‘‘(ii) within four years of the effective date

15 of the amendments to this section made by the

16 Educational Excellence for All Children Act of

17 1999, all instruction is provided by teachers

18 who have at least a bachelor’s degree; and

19 ‘‘(iii) as of that effective date, all new

20 teachers who are hired to provide instruction

21 have at least a bachelor’s degree, and are cer22 tified in the field in which they are going to

23 teach, or are enrolled in a program leading to

24 such certification within two years;
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1 ‘‘(B) not later than July 1, 2002, para2 professionals who provide instructional support

3 services, such as one-on-one tutoring and fol4 low-up educational activities in home visits and

5 with individuals and small groups, have com6 pleted at least two years of college and are

7 under the direct supervision of a teacher de8 scribed in subparagraph (A); and

9 ‘‘(C) paraprofessionals who provide non-in10 structional services, such as family recruitment,

11 acting as a translator, community-liaison work,

12 and media-center or library support, possess at

13 least a secondary school diploma or its equiva14 lent;

15 ‘‘(6) provide special training for staff, including

16 child-care staff, to develop the skills, and obtain cer17 tification in, instructional areas needed to carry out

18 the purpose of this part;

19 ‘‘(7) provide and monitor integrated instruc20 tional services to participating parents and children

21 through center-based and home-based programs;

22 ‘‘(8) serve those families most in need of the ac23 tivities and services provided under this part, includ24 ing individuals with special needs, such as individ-
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1 uals with disabilities, individuals with limited

2 English proficiency, and homeless individuals;

3 ‘‘(9) use methods that ensure that participating

4 families successfully complete the program,

5 including—

6 ‘‘(A) operating a year-round program, in7 cluding continuing to provide some instructional

8 services for participants during the summer

9 months;

10 ‘‘(B) providing developmentally appropriate

11 educational services for at least a three-year

12 age range of children;

13 ‘‘(C) encouraging participating families to

14 regularly attend and remain in the program for

15 a sufficient time to meet their program goals;

16 and

17 ‘‘(D) promoting the continuity of family

18 literacy services across critical points in the

19 lives of children and their parents so that those

20 individuals can retain and improve their edu21 cational outcomes;

22 ‘‘(10) be coordinated with—

23 ‘‘(A) programs assisted under other parts

24 of this title and this Act;
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1 ‘‘(B) any relevant programs under the

2 Adult Education and Family Literacy Act, the

3 Individuals with Disabilities Education Act, and

4 the Workforce Investment Act of 1998; and

5 ‘‘(C) Head Start programs, Child Care De6 velopment Block Grant programs, volunteer lit7 eracy programs, and other relevant programs;

8 and

9 ‘‘(11) provide for an independent evaluation of

10 the program, consistent with section 1207(c)(1)(E),

11 to be used for program improvement.’’.

12 ELIGIBLE PARTICIPANTS

13 SEC. 126. Section 1206(a)(1)(B) of the ESEA is

14 amended by inserting a comma and ‘‘or who are attending

15 secondary school’’ after ‘‘this part’’.

16 APPLICATIONS

17 SEC. 127. (a) PLANS.—Section 1207(c) of the ESEA

18 is amended—

19 (1) by inserting ‘‘and continuous improvement’’

20 after ‘‘plan of operation’’;

21 (2) in paragraph (1)—

22 (A) by amending subparagraph (A) to read

23 as follows:

24 ‘‘(A) a description of the program goals,

25 including outcomes for children and families

26 that are consistent with the program indicators
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1 established or adopted by the State under sec2 tion 1210, and of the strategies the applicant

3 will use to reach those goals;’’;

4 (B) in subparagraph (B), by inserting

5 ‘‘each of’’ after ‘‘incorporate’’;

6 (C) in subparagraph (D) by inserting

7 ‘‘and’’ at the end thereof; and

8 (D) by striking out subparagraphs (E) and

9 (F) and inserting in lieu thereof the following:

10 ‘‘(E) provisions for rigorous and objective

11 evaluation of progress toward the goals de12 scribed in subparagraph (A), and the con13 tinuing use of evaluation data for program im14 provement.’’; and

15 (3) in paragraph (2), by striking out ‘‘para16 graph (1)(A)’’ and inserting in lieu thereof ‘‘para17 graph (1)’’.

18 (b) TECHNICAL AMENDMENT.—Section 1207 of the

19 ESEA is further amended by striking out subsection (d).

20 AWARD OF SUBGRANTS

21 SEC. 128. (a) SELECTION PROCESS.—Section

22 1208(a) of the ESEA is amended—

23 (1) in paragraph (1)—

24 (A) in subparagraph (B), by striking out

25 ‘‘limited-English’’ and inserting in lieu thereof

26 ‘‘limited English’’;
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1 (B) by striking out subparagraph (C);

2 (C) by redesignating subparagraphs (D)

3 through (H) as subparagraphs (C) through (G)

4 respectively;

5 (D) in subparagraph (E), as redesignated

6 by subparagraph (C), by striking out ‘‘Federal’’

7 and inserting in lieu thereof ‘‘non-Federal’’; and

8 (E) in subparagraph (G), as redesignated

9 by subparagraph (C), by striking out ‘‘local

10 educational agencies’’ and inserting in lieu

11 thereof ‘‘family literacy projects’’; and

12 (2) in paragraph (3), by striking out ‘‘one or

13 more of the following individuals:’’ and inserting in

14 lieu thereof ‘‘an individual with expertise in family

15 literacy programs, and may include other individ16 uals, such as one or more of the following:’’.

17 (b) EXEMPLARY PROJECTS.—Section 1208 of the

18 ESEA is amended by adding at the end thereof a new

19 subsection (c) to read as follows:

20 ‘‘(c) EXEMPLARY PROJECTS.—(1) Notwithstanding

21 subsection (b)(5)(A), each State may use funds under this

22 part in any fiscal year to continue providing assistance,

23 for up to two additional years, for not more than two

24 projects that have been highly successful in achieving the

25 goals described in their plans under section 1207(c)(1)(A)
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1 and that have substantial potential to serve as models for

2 other projects throughout the Nation and as mentor sites

3 for other family-literacy programs in the State.

4 ‘‘(2) The Federal share of any subgrant under para5 graph (1) shall not exceed 40 percent for the first year

6 and 30 percent for the second year.’’.

7 EVALUATION

8 SEC. 129. Section 1209 of the ESEA is amended to

9 read as follows:

10 ‘‘EVALUATION

11 ‘‘SEC. 1209. The Secretary shall provide for an inde12 pendent evaluation of programs assisted under this part,

13 to—

14 ‘‘(1) determine their performance and effective15 ness; and

16 ‘‘(2) identify effective programs that can be du17 plicated and used in providing technical assistance to

18 Federal, State, and local programs.’’.

19 INDICATORS OF PROGRAM QUALITY

20 SEC. 130. Section 1210 of the ESEA is amended—

21 (1) by striking out ‘‘Each’’ and inserting in lieu

22 thereof ‘‘By September 30, 2000, each’’; and

23 (2) by adding at the end thereof a new para24 graph (3) to read as follows:

25 ‘‘(3) With respect to a program’s implementa26 tion of high-quality, intensive family literacy serv-
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1 ices, specific levels of intensity of those services and

2 duration of individuals’ participation that are nec3 essary to result in the outcomes described under

4 paragraphs (1) and (2), which the State shall peri5 odically review and revise as needed to achieve those

6 outcomes.’’.

7 REPEAL AND REDESIGNATION

8 SEC. 130A. (a) REPEAL.—Section 1211 of the ESEA

9 is repealed.

10 (b) REDESIGNATION.—Section 1212 of the ESEA is

11 redesignated as section 1211.

12 PART C—EDUCATION OF MIGRATORY CHILDREN

13 STATE ALLOCATIONS

14 SEC. 131. Section 1303 of the ESEA is amended—

15 (1) by amending subsection (a) to read as fol16 lows:

17 ‘‘(a) STATE ALLOCATIONS.—

18 ‘‘(1) IN GENERAL.—Except as provided in para19 graph (2) and subsection (b), each State is entitled

20 to receive under this part, for each fiscal year, an

21 amount equal to—

22 ‘‘(A) the sum of—

23 ‘‘(i) the number of identified eligible

24 migratory children, aged 3 through 21, re25 siding in the State during the previous

26 year; and
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1 ‘‘(ii) the number of identified eligible

2 migratory children, aged 3 through 21,

3 who received services under this part in

4 summer or intersession programs provided

5 by the State; multiplied by

6 ‘‘(B) 40 percent of the average per-pupil

7 expenditure in the State, but not less than 32

8 percent or more than 48 percent of the average

9 per-pupil expenditure in the United States.

10 ‘‘(2) MINIMUM AND MAXIMUM ALLOCATIONS.—

11 No State’s allocation under paragraph (1) for any

12 fiscal year shall be more than 120 percent, or less

13 than 80 percent, of its allocation for the previous

14 year, except that no State’s allocation shall be less

15 than $200,000.’’;

16 (2) by amending subsection (b) to read as fol17 lows:

18 ‘‘(b) ALLOCATIONS TO PUERTO RICO.—Subject to

19 subsection (a)(2), the grant that the Commonwealth of

20 Puerto Rico is eligible to receive under this section for a

21 fiscal year is the amount determined for Puerto Rico

22 under subsection (a)(1), multiplied by the following:

23 ‘‘(1) For fiscal year 2001, 77.6 percent.

24 ‘‘(2) For fiscal year 2002, 83.2 percent.

25 ‘‘(3) For fiscal year 2003, 88.8 percent.
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1 ‘‘(4) For fiscal year 2004, 94.4 percent.

2 ‘‘(5) For fiscal years starting with fiscal year

3 2005, 100 percent.’’; and

4 (3) by striking out subsections (d) and (e).

5 STATE APPLICATIONS

6 SEC. 132. Section 1304 of the ESEA is amended—

7 (1) in subsection (b)—

8 (A) in paragraph (1), by striking out

9 ‘‘through’’ and all that follows through the end

10 thereof and inserting in lieu thereof ‘‘through—

11 ‘‘(A) the full range of services that are

12 available for migratory children from appro13 priate local, State, and Federal educational pro14 grams;

15 ‘‘(B) joint planning among such local,

16 State, and Federal programs, and bilingual

17 education programs under part A of title VII;

18 ‘‘(C) the integration of services available

19 under this part with services provided by those

20 other programs; and

21 ‘‘(D) measurable program goals and out22 comes;

23 (B) in paragraph (5), by striking out ‘‘the

24 requirements of paragraph (1)’’ and inserting

25 in lieu thereof ‘‘the numbers and needs of mi26 gratory children, the requirements of subsection
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1 (d), and the availability of funds from other

2 Federal, State, and local programs’’;

3 (C) by redesignating paragraphs (5) and

4 (6) as paragraphs (6) and (7); and

5 (D) by inserting after paragraph (4) a new

6 paragraph (5) to read as follows:

7 ‘‘(5) a description of how the State will encour8 age the participation of migratory children in State

9 assessments required under section 1111(b)(2);’’;

10 and

11 (2) in subsection (c)—

12 (A) in paragraph (1)(A), by striking out

13 ‘‘section 1306(b)(1)’’ and inserting in lieu

14 thereof ‘‘section 1306(a)’’;

15 (B) in paragraph (2), by striking out ‘‘part

16 F’’ and inserting in lieu thereof ‘‘part G’’;

17 (C) in paragraph (3)—

18 (i) by striking out ‘‘appropriate’’; and

19 (ii) by striking out ‘‘carried out, to

20 the extent feasible,’’ and inserting in lieu

21 thereof ‘‘carried out’’; and

22 (D) in paragraph (7), by striking out ‘‘sec23 tion 1303(e)’’ and inserting in lieu thereof ‘‘sec24 tion 1303(a)(1)(A)’’.
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1 AUTHORIZED ACTIVITIES

2 SEC. 133. Section 1306 of the ESEA is amended to

3 read as follows:

4 ‘‘AUTHORIZED ACTIVITIES

5 ‘‘SEC. 1306. (a) IN GENERAL.—(1)(A) Each State

6 educational agency, through its operating agencies, shall

7 have the flexibility to determine the activities to be pro8 vided with funds made available under this part; except

9 that (B) such funds shall first be used to meet the identi10 fied needs of migratory children that result from their mi11 gratory lifestyle, and permit these children to participate

12 effectively in school.

13 ‘‘(2) Funds provided under this part shall be used

14 to address the needs of migratory children that are not

15 addressed by services available from other Federal or non16 Federal programs, except that migratory children who are

17 eligible to receive services under part A of this title may

18 receive those services through funds provided under that

19 part, or with funds under this part that remain after the

20 agency addresses the needs described in paragraph (1)(B).

21 ‘‘(b) CONSTRUCTION.—Nothing in this part shall be

22 construed to prohibit a local operating agency from serv23 ing migratory children simultaneously with students with

24 similar educational needs in the same educational settings,

25 where appropriate.
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1 ‘‘(c) SPECIAL RULE.—Notwithstanding section 1114,

2 a school that receives funds under this part shall continue

3 to address the identified needs described in subsection

4 (a)(1).’’.

5 COORDINATION OF MIGRANT EDUCATION ACTIVITIES

6 SEC. 134. Section 1308 of the ESEA is amended—

7 (1) in subsection (a)—

8 (A) in paragraph (1), by striking out ‘‘non9 profit’’; and

10 (B) in paragraph (2) by striking out ‘‘sub11 part’’ and inserting in lieu thereof ‘‘subsection’’;

12 (2) by amending subsection (b) to read as fol13 lows:

14 ‘‘(b) ASSISTANCE.—The Secretary shall assist States

15 in developing effective methods for the transfer of student

16 records and in determining the number of migratory chil17 dren in each State.’’;

18 (3) in subsection (c), by striking out

19 ‘‘$6,000,000’’ and inserting in lieu thereof

20 ‘‘$10,000,000’’; and

21 (4) by amending subsection (d) to read as fol22 lows:

23 ‘‘(d) INCENTIVE GRANTS.—From the amounts made

24 available to carry out this section for any fiscal year, the

25 Secretary may reserve not more than $3,000,000 to award

26 grants of not more than $250,000 to State educational
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1 agencies that propose consortium arrangements with an2 other State or other appropriate entity that the Secretary

3 determines, pursuant to criteria the Secretary shall estab4 lish, would improve the delivery of services to migratory

5 children whose education is interrupted.’’.

6 DEFINITIONS

7 SEC. 135. Section 1309(2) of the ESEA is amended

8 by striking out ‘‘parent, spouse, or guardian’’ each place

9 it appears and inserting in lieu thereof ‘‘parent or

10 spouse’’.

11 PART D—NEGLECTED AND DELINQUENT CHILDREN

12 PROGRAM NAME

13 SEC. 141. The heading of part D of title I of the

14 ESEA is amended to read as follows:

15 ‘‘PART D—STATE AGENCY PROGRAMS FOR CHILDREN

16 AND YOUTH WHO ARE NEGLECTED OR DELINQUENT’’.

17 FINDINGS; PURPOSE; PROGRAM AUTHORIZED

18 SEC. 142. (a) FINDING.—Section 1401(a) of the

19 ESEA is amended to read as follows:

20 ‘‘(a) FINDINGS.—Congress finds the following:

21 ‘‘(1) A large percentage of youth in the juve22 nile-justice system have poor academic achievement,

23 are a year or more behind grade level, and have

24 dropped out of school.

25 ‘‘(2) Many schools and correctional facilities fail

26 to communicate regarding a youth’s academic needs,
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1 and students often return to their home school ill2 prepared to meet current curriculum requirements.

3 ‘‘(3) Schools are often reluctant to deal with

4 youth returning from facilities and often receive no

5 funds to deal with the unique educational and other

6 needs of those youth.

7 ‘‘(4) There is a need for federal assistance to

8 support State efforts to educate students in State

9 institutions for neglected and delinquent children

10 and youth to challenging academic standards.’’.

11 (b) PURPOSE.—Section 1401(b) of the ESEA is

12 amended—

13 (1) in paragraph (1), by striking out ‘‘local

14 and’’; and

15 (2) by amending paragraph (3) to read as fol16 lows:

17 ‘‘(3) to provide youth returning from institu18 tions with a support system to ensure their contin19 ued education.’’.

20 (c) PROGRAM AUTHORIZED.—Section 1401(c) of the

21 ESEA is amended—

22 (1) by striking out ‘‘and local educational agen23 cies’’; and

24 (2) by striking out ‘‘at risk’’ and all that fol25 lows through ‘‘graduation’’.
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1 PAYMENTS FOR PROGRAMS UNDER PART D

2 SEC. 143. Section 1402 of the ESEA is amended—

3 (1) by striking out ‘‘(a) AGENCY SUB4 GRANTS.—’’; and

5 (2) by striking out subsections (b) and (c).

6 ALLOCATION OF FUNDS

7 SEC. 144. Section 1412 of the ESEA is amended—

8 (1) in subsection (a)(1)—

9 (A) by striking out ‘‘Each State agency de10 scribed in section 1411 (other than an agency

11 in the Commonwealth of Puerto Rico)’’ and in12 serting in lieu thereof ‘‘Except as provided in

13 subsection (b), each State agency described in

14 section 1411’’; and

15 (B) by inserting ‘‘in’’ before ‘‘an amount

16 equal’’; and

17 (2) by amending subsection (b) to read as fol18 lows:

19 ‘‘(b) SUBGRANTS TO STATE AGENCIES IN PUERTO

20 RICO.—The amount of the subgrant for which a State

21 agency in the Commonwealth of Puerto Rico is eligible

22 under this part for a fiscal year is the amount determined

23 for that agency under subsection (a), multiplied by the fol24 lowing:

25 ‘‘(1) For fiscal year 2001, 77.6 percent.

26 ‘‘(2) For fiscal year 2002, 83.2 percent.
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1 ‘‘(3) For fiscal year 2003, 88.8 percent.

2 ‘‘(4) For fiscal year 2004, 94.4 percent.

3 ‘‘(5) For fiscal years starting with fiscal year

4 2005, 100 percent.’’.

5 STATE PLAN AND STATE AGENCY APPLICATIONS

6 SEC. 145. (a) STATE PLAN.—Section 1414(a) of the

7 ESEA is amended—

8 (1) in paragraph (1), by striking out ‘‘14306’’

9 and inserting in lieu thereof ‘‘11506’’; and

10 (2) in paragraph (2)—

11 (A) in subparagraph (B), by striking out

12 ‘‘as such children would have if such children’’

13 and inserting in lieu thereof a comma and ‘‘and

14 will be held to the same challenging standards,

15 as they would if they’’; and

16 (B) in subparagraph (C)(ii), by striking

17 out ‘‘1416’’ and inserting in lieu thereof

18 ‘‘1431’’.

19 (b) STATE AGENCY APPLICATIONS.—Section

20 1414(c)(6) of the ESEA of the ESEA is amended by

21 striking out ‘‘14701’’ and inserting in lieu thereof ‘‘1431’’.

22 USE OF FUNDS

23 SEC. 146. Section 1415(a)(2)(D) of the ESEA is

24 amended by striking out ‘‘14701’’ and inserting in lieu

25 thereof ‘‘1431’’.
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1 LOCAL AGENCY PROGRAMS

2 SEC. 147. Part D of title I of the ESEA is further

3 amended by—

4 (1) repealing subpart 2; and

5 (2) redesignating subpart 3 as subpart 2.

6 PROGRAM EVALUATIONS

7 SEC. 148. Section 1431 of the ESEA is amended—

8 (1) in subsection (a)—

9 (A) by striking out ‘‘or local educational

10 agency’’; and

11 (B) by striking out ‘‘subpart 1 or 2’’ and

12 inserting in lieu thereof ‘‘subpart 1’’;

13 (2) by amending subsection (b) to read as fol14 lows:

15 ‘‘(b) EVALUATION MEASURES.—In conducting each

16 evaluation under subsection (a), a State agency shall use

17 multiple measures of student progress that, while con18 sistent with section 1414(a)(2)(B), are appropriate for the

19 students and are feasible for the agency to achieve (consid20 ering such factors as the duration of students’ participa21 tion in the program).’’; and

22 (3) in subsection (c), by striking out ‘‘and local

23 educational agency’’.

24 DEFINITIONS

25 SEC. 149. Section 1432 of the ESEA is amended by

26 striking out paragraph (2) and redesignating paragraphs
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1 (3), (4), and (5) as paragraphs (2), (3), and (4), respec2 tively.

3 PART E—FEDERAL EVALUATIONS, DEMONSTRATIONS,

4 AND TRANSITION PROJECTS

5 EVALUATIONS, MANAGEMENT INFORMATION, AND OTHER

6 NATIONAL ACTIVITIES

7 SEC. 151. Section 1501 of the ESEA is amended to

8 read as follows:

9 ‘‘EVALUATIONS, MANAGEMENT INFORMATION, AND

10 OTHER NATIONAL ACTIVITIES

11 ‘‘SEC. 1501. (a) PURPOSE.—The purpose of this sec12 tion is to authorize—

13 ‘‘(1) evaluations of the activities assisted under

14 this title to determine their effectiveness, consistent

15 with the Government Performance and Results Act

16 of 1993;

17 ‘‘(2) activities undertaken in partnership with

18 the States to develop information needed to inform

19 program management and support continuous im20 provement at the State, school district, and school

21 levels;

22 ‘‘(3) applied research, technical assistance, dis23 semination, and recognition activities relating to this

24 title; and

25 ‘‘(4) obtaining biennial updates of census data

26 used under this title.
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1 ‘‘(b) NATIONAL ASSESSMENT OF TITLE I.—

2 (1) IN GENERAL.—The Secretary shall conduct

3 a national assessment of programs assisted under

4 this title, in coordination with the national longitu5 dinal study of schools under subsection (d), which

6 shall be planned, reviewed, and conducted with an

7 independent panel authorized under section 11911.

8 ‘‘(2) SCOPE OF ASSESSMENT.—The national as9 sessment shall examine—

10 ‘‘(A) the implementation and impact of the

11 programs carried out under this title on student

12 academic performance, particularly in schools

13 with high concentrations of children living in

14 poverty;

15 ‘‘(B) the implementation and impact of

16 State standards, assessments, and account17 ability systems developed under this title on

18 educational programs and instruction at the

19 local level;

20 ‘‘(C) the effect of schoolwide programs

21 under section 1114 and targeted-assistance pro22 grams under section 1115 on increasing the

23 number of students who have access to an en24 riched, challenging curriculum consistent with

25 high standards;
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1 ‘‘(D) the implementation and impact of the

2 professional development activities supported

3 under this title on instruction and student per4 formance;

5 ‘‘(E) the extent to which local educational

6 agencies and schools, in carrying out activities

7 under this title, provide parents with meaning8 ful opportunities to participate in the education

9 of their children at home and at school, and the

10 impact of those opportunities;

11 ‘‘(F) the extent to which the resources pro12 vided under this title are effectively targeted to

13 schools that need them most;

14 ‘‘(G) the effectiveness of Federal adminis15 tration, including monitoring and technical as16 sistance, on programs under this title; and

17 ‘‘(H) such other issues as the Secretary

18 may determine.

19 ‘‘(3) SOURCES OF INFORMATION.—The Sec20 retary shall use information from a variety of

21 sources, including the National Assessment of Edu22 cational Progress, State evaluations, and available

23 research studies, in carrying out the national assess24 ment.
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1 ‘‘(4) INTERIM AND FINAL REPORTS.—The Sec2 retary shall submit to the President and the appro3 priate committees of the Congress an interim report

4 on the national assessment within three years of the

5 enactment of the Educational Excellence for All

6 Children Act of 1999 and a final report within four

7 years of that enactment.

8 ‘‘(c) STUDIES AND DATA COLLECTION.—

9 (1) IN GENERAL.—In addition to other activi10 ties described in this section, the Secretary may, di11 rectly or through grants to, and contracts with, ap12 propriate entities—

13 ‘‘(A) conduct studies and evaluations of

14 the need for, and effectiveness of, programs

15 under this title;

16 ‘‘(B) collect data that are needed to com17 ply with the Government Performance and Re18 sults Act of 1993; and

19 ‘‘(C) provide guidance and technical assist20 ance to State educational agencies and local

21 educational agencies in developing and main22 taining management-information systems

23 through which they can develop program-per24 formance indicators, collect data to measure
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1 performance against those indicators, and use

2 the data to improve services and performance.

3 ‘‘(2) MINIMUM INFORMATION.—At a minimum,

4 the Secretary shall collect trend information on the

5 effect of programs under this title, which shall com6 plement the data collected and reported under sub7 sections (b) and (d).

8 ‘‘(d) NATIONAL LONGITUDINAL STUDY OF

9 SCHOOLS.—(1) The Secretary shall carry out an ongoing

10 longitudinal study of schools in order to provide the public,

11 the Congress, and educators involved in the program car12 ried out under this title—

13 ‘‘(A) an accurate description of its short-term

14 and long-term effectiveness;

15 ‘‘(B) information that can be used to improve

16 its effectiveness in enabling students to meet chal17 lenging State student performance standards; and

18 ‘‘(C) information on such other topics as the

19 Secretary may find appropriate, such as the pro20 gram’s effectiveness in enabling students to graduate

21 from secondary school and make successful transi22 tions to postsecondary education and work.

23 ‘‘(2) The longitudinal study shall—

24 ‘‘(A) include a nationally representative sample

25 of schools participating in programs under this title
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1 that serve large concentrations of children with lim2 ited English proficiency; and

3 ‘‘(B) evaluate the extent to which those children

4 are—

5 ‘‘(i) participating in services and school-im6 provement efforts supported by this title; and

7 ‘‘(ii) included and accommodated in State

8 assessments under this title.’’.

9 DEMONSTRATIONS OF INNOVATIVE PRACTICES

10 SEC. 152. Section 1502 of the ESEA is amended—

11 (1) in subsection (a)(1), by striking out ‘‘sec12 tion 1002(g)(2)’’ and inserting in lieu thereof ‘‘sec13 tion 1002(f)’’; and

14 (2) in subsection (b), by striking out ‘‘section

15 1002(g)(2)’’ and inserting in lieu thereof ‘‘section

16 1002(f)’’.

17 PART F—GENERAL PROVISIONS

18 GENERAL PROVISIONS

19 SEC. 161. Part F of title I of the ESEA is

20 amended—

21 (1) by striking out sections 1601 and 1602; and

22 (2) by redesignating sections 1603 and 1604 as

23 sections 1601 and 1602, respectively.
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1 PART G—READING EXCELLENCE

2 READING AND LITERACY GRANTS TO STATE

3 EDUCATIONAL AGENCIES

4 SEC. 171. Section 2253 of the ESEA is amended—

5 (1) by amending subsection (a)(2)(A) to read as

6 follows:

7 ‘‘(A) NUMBER OF GRANTS.—After receiv8 ing a grant under this subpart, a State edu9 cational agency may apply for a subsequent

10 grant, but the period of any subsequent grant

11 may not begin before the end of the period of

12 the prior grant.’’;

13 (2) in subsection (b)—

14 (A) in paragraph (1)—

15 (i) in the first sentence, by striking

16 out ‘‘and in such form’’ and inserting in

17 lieu thereof a comma and ‘‘in such form,

18 and containing such information’’; and

19 (ii) in the second sentence, by insert20 ing ‘‘also’’ after ‘‘shall’’; and

21 (B) in paragraph (2)(B), by adding at the

22 end thereof a new clause (ix) to read as follows:

23 ‘‘(ix) The process and criteria that the

24 State educational agency will use to review

25 and approve applications for local reading
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1 improvement subgrants under section 1505

2 and for tutorial assistance subgrants under

3 section 1506, including a peer-review proc4 ess that includes individuals described in

5 section 1503(c)(2)(B) and, in the case of

6 tutorial assistance subgrants under section

7 1506, includes experts on tutorial assist8 ance.’’;

9 (3) in subsection (c)(2), by amending subpara10 graph (C) to read as follows:

11 ‘‘(C) PRIORITY.—(i) The panel shall rec12 ommend grant applications from State edu13 cational agencies under this section to the Sec14 retary for funding or disapproval.

15 ‘‘(ii) In making its recommendations, the

16 panel shall give priority to applications from

17 State educational agencies in States that have

18 modified or are modifying, or that provide per19 suasive evidence that not later than 18 months

20 after receiving a grant under this section the

21 State will modify, its requirements for certifi22 cation of elementary school teachers to require

23 prospective teachers to be effectively trained in

24 methods of reading instruction that reflect sci25 entifically based reading research.
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1 ‘‘(iii) Nothing in this part shall be read to

2 establish a national system of teacher certifi3 cation.’’; and

4 (4) in subsection (d)(3), by striking out ‘‘the

5 date of the enactment of the Reading Excellence

6 Act’’ and inserting in lieu thereof ‘‘October 21,

7 1998’’.

8 USE OF FUNDS BY STATE EDUCATIONAL AGENCIES

9 SEC. 172. Section 2254 of the ESEA is amended to

10 read as follows:

11 ‘‘USE OF AMOUNTS BY STATE EDUCATIONAL AGENCIES

12 ‘‘SEC. 2254. A State educational agency that receives

13 a grant under section 1503—

14 ‘‘(1) may use not more than five percent of the

15 grant funds for the administrative costs of carrying

16 out this part, including the use of not more than two

17 percent of the grant funds to carry out section 1509;

18 and

19 ‘‘(2) shall award not more than 15 percent of

20 the grant funds through at least one subgrant under

21 section 1506.’’.

22 LOCAL READING IMPROVEMENT SUBGRANTS

23 SEC. 173. (a) IN GENERAL.—Section 2255(a) of the

24 ESEA is amended—

25 (1) in paragraph (1)—
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1 (A) by inserting ‘‘serve children in grades

2 one through three and that’’ after ‘‘agencies

3 that’’;

4 (B) in subparagraph (B), by inserting

5 ‘‘serving children in grades one through three’’

6 after ‘‘State’’; and

7 (C) in subparagraph (C), by inserting

8 ‘‘serving children in grades one through three’’

9 after ‘‘State’’;

10 (2) by redesignating paragraph (2) as para11 graph (3);

12 (3) by redesignating the second sentence of

13 paragraph (1) as paragraph (2); and

14 (4) in paragraph (2), as so redesignated—

15 (A) by inserting the paragraph heading

16 ‘‘DEFINITION.—’’ after the paragraph designa17 tion ‘‘(2)’’; and

18 (B) by striking out ‘‘subparagraph (C)’’

19 and inserting in lieu thereof ‘‘paragraph

20 (1)(C)’’.

21 (b) USE OF FUNDS.—Section 2255(d) of the ESEA

22 is amended—

23 (1) by redesignating paragraph (2) as para24 graph (3) and redesignating the second sentence of

25 paragraph (1) as paragraph (2);
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1 (2) in paragraph (1)—

2 (A) by striking out ‘‘paragraph (2)’’ and

3 inserting in lieu thereof ‘‘paragraph (3)’’;

4 (B) by inserting ‘‘serves children in third

5 grade or below and’’ after ‘‘any school that’’;

6 and

7 (C) by striking out ‘‘the second sentence of

8 subsection (a)(1)’’ and inserting in lieu thereof

9 ‘‘subsection (a)(2)’’; and

10 (3) in paragraph (2), as redesignated by para11 graph (1), by striking out ‘‘Such activities shall’’

12 and inserting in lieu thereof ‘‘AUTHORIZED ACTIVI13 TIES.—The activities referred to in paragraph (1)’’.

14 TUTORIAL ASSISTANCE SUBGRANTS

15 SEC. 174. (a) IN GENERAL.—Section 2256(a) of the

16 ESEA is amended—

17 (1) in paragraph (1)—

18 (A) by inserting ‘‘local educational agen19 cies that serve children in grades one through

20 three and that’’ after ‘‘basis to’’;

21 (B) by striking out subparagraph (A) and

22 redesignating subparagraphs (B) through (D)

23 as subparagraphs (A) through (C), respectively;

24 (C) in subparagraph (A), as so redesig25 nated, by striking out ‘‘local educational agen26 cies that’’;
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1 (D) in subparagraph (B), as redesignated

2 by subparagraph (B)—

3 (i) by striking out ‘‘local educational

4 agencies with’’ and inserting in lieu thereof

5 ‘‘have’’; and

6 (ii) by inserting ‘‘that serve children

7 in grades one through three’’ after

8 ‘‘State’’; and

9 (E) in subparagraph (C), as redesignated

10 by subparagraph (B)—

11 (i) by striking out ‘‘local educational

12 agencies with’’ and inserting in lieu thereof

13 ‘‘have’’; and

14 (ii) by inserting ‘‘that serve children

15 in grades one through three’’ after

16 ‘‘State’’;

17 (2) by redesignating paragraphs (2), (3), and

18 (4) as paragraphs (3), (4), and (5), respectively;

19 (3) by redesignating the second sentence of

20 paragraph (1) as paragraph (2);

21 (4) in paragraph (2), as so redesignated—

22 (A) by inserting the paragraph heading

23 ‘‘DEFINITION.—’’ after the paragraph designa24 tion ‘‘(2)’’; and
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1 (B) by striking out ‘‘subparagraph (D)’’

2 and inserting in lieu thereof ‘‘paragraph

3 (1)(C)’’;

4 (5) in subparagraph (B) of paragraph (3), as

5 redesignated by paragraph (2), by striking out

6 ‘‘shall, as a condition’’ and all that follows through

7 ‘‘provide’’ and inserting in lieu thereof ‘‘shall pro8 vide’’;

9 (6) in the second sentence of paragraph (4), as

10 redesignated by paragraph (2), by striking out ‘‘that

11 (A)’’ and all that follows through the end thereof

12 and inserting in lieu thereof ‘‘that—

13 ‘‘(A) is described in paragraph (1)(A);

14 ‘‘(B) has the largest, or second largest,

15 number of children who are counted under sec16 tion 1124(c), in comparison to all other schools

17 in the local educational agency; or

18 ‘‘(C) has the highest, or second highest,

19 school-age child-poverty rate (as defined in

20 paragraph (2)), in comparison to all other

21 schools in the local educational agency.’’; and

22 (7) in paragraph (5), as redesignated by para23 graph (2)—

24 (A) by striking out ‘‘paragraph (2)’’ and

25 inserting in lieu thereof ‘‘paragraph (3)’’; and
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1 (B) by striking out ‘‘paragraph (3)’’ and

2 inserting in lieu thereof ‘‘paragraph (4)’’.

3 (b) USE OF FUNDS.—Section 2256(b)(2) of the

4 ESEA is amended by inserting ‘‘who are in, or have just

5 completed, a pre-kindergarten program, kindergarten, or

6 grades 1, 2, or 3 and’’ after ‘‘to children’’.

7 NATIONAL EVALUATION

8 SEC. 175. Section 2257 of the ESEA is amended by

9 striking out ‘‘From funds reserved under section

10 2260(b)(1), the’’ and inserting in lieu thereof ‘‘The’’.

11 INFORMATION DISSEMINATION

12 SEC. 176. Section 2258 of the ESEA is amended—

13 (1) in subsection (a)—

14 (A) by striking out ‘‘section 2260(b)(2)’’

15 and inserting in lieu thereof ‘‘section 1002(e)’’;

16 and

17 (B) by adding the following sentence at the

18 end thereof: ‘‘The Institute may use not more

19 than 5 percent of the amount reserved under

20 section 1002(e) for the costs of administering

21 this section.’’; and

22 (2) by adding at the end thereof a new sub23 section (c) to read as follows:

24 ‘‘(c) SECRETARY’S AUTHORITY.—From amounts ap25 propriated for any fiscal year under section 1002(e), the

26 Secretary may reserve not more than one percent to pro-
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1 vide, directly or through grants or contracts, technical as2 sistance, program improvement, and replication activi3 ties.’’.

4 AUTHORIZATION OF APPROPRIATIONS

5 SEC. 177. Section 2260 of the ESEA is repealed.

6 TRANSFER AND REDESIGNATIONS

7 SEC. 178. (a) REDESIGNATION OF TITLE I PARTS

8 E AND F.—Title I of the ESEA is further amended—

9 (1) by redesignating parts E and F as parts F

10 and G, respectively;

11 (2) by redesignating sections 1601 and 1602,

12 as redesignated by section 161(2) of this Act, as sec13 tions 1701 and 1702, respectively; and

14 (3) by redesignating sections 1501, 1502, and

15 1503 as sections 1601, 1602, and 1603, respectively.

16 (b) TRANSFER OF READING EXCELLENCE ACT TO

17 TITLE I.—(1) Part C of title II of the ESEA, as amended

18 by this part, is redesignated as, and transferred to, part

19 E of title I of the ESEA.

20 (2) Sections 2251 through 2259 of the ESEA are re21 designated as sections 1501 through 1509, respectively.

22 (3) Section 1503 of the ESEA, as redesignated by

23 paragraph (2), is amended—

24 (A) in subsection (a)(1), by striking out ‘‘sec25 tions 2254 through 2256’’ and inserting in lieu

26 thereof ‘‘sections 1504 through 1506’’;
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1 (B) in subsection (b)(2)—

2 (i) by striking out ‘‘sections 2255 and

3 2256’’ each place it appears and inserting in

4 lieu thereof ‘‘sections 1505 and 1506’’; and

5 (ii) in subparagraph (E)(iii), by striking

6 out ‘‘sections 2255(a)(1) and 2256(a)(1)’’ and

7 inserting in lieu thereof ‘‘sections 1505(a)(1)

8 and 1506(a)(1)’’; and

9 (C) in subsection (d)(1)(D), by striking out

10 ‘‘section 2255’’ and inserting in lieu thereof ‘‘section

11 1505’’.

12 (4) Section 1505 of the ESEA, as redesignated by

13 paragraph (2), is amended—

14 (A) in subsection (a)(1), by striking out ‘‘sec15 tion 2253’’ and inserting in lieu thereof ‘‘section

16 1503’’; and

17 (B) in subsection (e), by striking out ‘‘title I of

18 this Act’’ and inserting in lieu thereof ‘‘other parts

19 of this title’’.

20 (5) Subsection (a) of section 1506 of the ESEA, as

21 redesignated by paragraph (2), is amended—

22 (A) in paragraph (1), by striking out ‘‘section

23 2253’’ and inserting in lieu thereof ‘‘section 1503’’;

24 and
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1 (B) in paragraph (5), as redesignated by sec2 tion 174(2)—

3 (i) by striking out ‘‘2254(2)’’ and inserting

4 in lieu thereof ‘‘section 1504(2)’’; and

5 (ii) by striking out ‘‘section 2255’’ and in6 serting in lieu thereof ‘‘section 1505’’.

7 (6) Section 1507 of the ESEA, as redesignated by

8 paragraph (2), is amended by striking out ‘‘section

9 2253(c)(2)’’ and inserting in lieu thereof ‘‘section

10 1503(c)(2)’’.

11 (7) Section 1508 of the ESEA, as redesignated by

12 paragraph (2), is amended—

13 (A) in subsection (a), by striking out ‘‘section

14 2255 or 2256’’ and inserting in lieu thereof ‘‘section

15 1505 or 1506’’; and

16 (B) in subsection (b)(3), by striking out ‘‘sec17 tion 2253’’ each place it appears and inserting in

18 lieu thereof ‘‘section 1503’’.

19 (8) Section 1509 of the ESEA, as redesignated by

20 paragraph (2), is amended—

21 (A) in subsection (a)—

22 (i) in paragraph (1), by striking out ‘‘sec23 tion 2253’’ and inserting in lieu thereof ‘‘sec24 tion 1503’’; and
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1 (ii) in paragraph (3), by striking out ‘‘sec2 tion 2257’’ and inserting in lieu thereof ‘‘sec3 tion 1507’’; and

4 (B) in subsection (b)—

5 (i) by striking out ‘‘section 2253’’ and in6 serting in lieu thereof ‘‘section 1503’’;

7 (ii) in paragraph (1), by striking out ‘‘sec8 tion 2255’’ and inserting in lieu thereof ‘‘sec9 tion 1505’’; and

10 (iii) in paragraph (2), by striking out ‘‘sec11 tion 2253(b)(2)(E)(iv)’’ and inserting in lieu

12 thereof ‘‘section 1503(b)(2)(E)(iv)’’.

13 TITLE II—HIGH STANDARDS IN THE

14 CLASSROOM

15 HIGH STANDARDS IN THE CLASSROOM

16 SEC. 201. Title II of the ESEA is amended to read

17 as follows:

18 ‘‘TITLE II—HIGH STANDARDS IN THE

19 CLASSROOM

20 ‘‘PART A—TEACHING TO HIGH STANDARDS

21 ‘‘Subpart 1—Findings, Purpose, and Authorization of

22 Appropriations

23 ‘‘FINDINGS

24 ‘‘SEC. 2111. The Congress finds as follows:
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1 ‘‘(1) All students can learn and achieve to high

2 standards.

3 ‘‘(2) States that have shown the most recent

4 success in improving student achievement are those

5 that have developed challenging content and student

6 performance standards, aligned curricula and assess7 ments with those standards, prepare educators to

8 teach to those standards, and hold schools account9 able for the achievement of all students against

10 those standards.

11 ‘‘(3) A crucial component of an effective strat12 egy for achieving high standards is ensuring,

13 through professional development, that all teachers

14 provide their students with challenging learning ex15 periences in the core academic subjects.

16 ‘‘(4) Increased teachers’ knowledge of academic

17 content and effective teaching skills are associated

18 with increases in student achievement. While other

19 factors also influence learning, teacher quality makes

20 a critical difference in how well students learn,

21 across all categories of students. For example, recent

22 research has found that teachers’ expertise has a

23 greater impact on students’ achievement in reading

24 than any other in-school factor.
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1 ‘‘(5) Recent research has found that teachers

2 who participate in sustained curriculum-centered

3 professional development are much more likely to re4 port that their teaching is aligned with high stand5 ards than are teachers who have not received such

6 training.

7 ‘‘(6) Students who attend schools with large

8 numbers of poor children are less likely to be taught

9 by teachers who have met all State requirements for

10 certification or licensure or who have a solid aca11 demic background in the subject matter they are

12 teaching.

13 ‘‘(7) Despite the fact that every year the Na14 tion’s colleges and universities produce many more

15 teachers than are hired and that over 2 million indi16 viduals who possess education degrees are currently

17 engaged in activities other than teaching, many

18 school districts experience difficulty recruiting and

19 hiring enough fully qualified teachers. Among the

20 reasons researchers have found for districts hiring

21 less than fully qualified teachers are—

22 ‘‘(A) cumbersome and poorly coordinated

23 State licensing procedures and local hiring

24 practices;
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1 ‘‘(B) bureaucratic personnel practices that

2 result in hiring decisions being delayed until as

3 late as the start of the school year;

4 ‘‘(C) local salaries and working conditions

5 that discourage many individuals from entering

6 teaching and cause experienced teachers to

7 leave the profession;

8 ‘‘(D) the lack of portability of teacher cre9 dentials, pensions, and credited years of experi10 ence across State and school district lines;

11 ‘‘(E) a lack of support for new teachers,

12 such as high-quality mentoring programs, that

13 can help reduce the attrition rate and the num14 ber of new teachers that school districts must

15 hire every year; and

16 ‘‘(F) compensation systems that do not re17 ward teachers for improving their knowledge

18 and skills.

19 ‘‘(8) As a result of increasing enrollments, nat20 ural teacher turnover, and the retirement of many

21 veteran teachers, the Nation faces the challenge of

22 hiring approximately two million new teachers in the

23 coming decade.

24 ‘‘(9) As retirement and other causes of attrition

25 diminish the pool of experienced school administra-
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1 tors, many school districts report a growing shortage

2 of qualified candidates for the job of principal at the

3 elementary, middle, and high school levels.

4 ‘‘(10) Programs that facilitate mid-career tran5 sitions from other fields can be an effective means

6 of bringing talented individuals into the classroom

7 and addressing teacher shortages.

8 ‘‘(11) Programs that recruit, train, and retain

9 highly qualified recent college graduates as teachers

10 in high-poverty local educational agencies can also

11 help to bring talented individuals into the classroom

12 and address teacher shortages.

13 ‘‘(12) Research has found that high-quality pro14 fessional development is—

15 ‘‘(A) linked to high standards: professional

16 development activities should improve the abil17 ity of teachers to help all students, including

18 children with disabilities, children with limited

19 English proficiency, and economically disadvan20 taged children, reach high State academic

21 standards;

22 ‘‘(B) focused on content: professional de23 velopment activities should advance teacher un24 derstanding of one or more of the core aca25 demic subject areas and effective instructional
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1 strategies for improving student achievement in

2 those areas;

3 ‘‘(C) collaborative: professional develop4 ment activities should involve collaborative

5 groups of teachers and administrators from the

6 same school or district;

7 ‘‘(D) sustained: professional development

8 activities should be of sufficient duration to

9 have a positive and lasting impact on classroom

10 instruction and, to the greatest extent possible,

11 should include follow-up and school-based sup12 port such as coaching or study groups;

13 ‘‘(E) embedded in a plan: professional de14 velopment activities should be embedded in

15 school and district-wide plans designed to raise

16 student achievement to State academic stand17 ards; and

18 ‘‘(F) informed by research: professional de19 velopment activities should be based on the best

20 available research on teaching and learning.

21 ‘‘(13) Programs funded under this part can as22 sist the Nation to achieve America’s Education

23 Goals #3, #4, and #5, as set out in section 3 of

24 this Act.
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1 ‘‘PURPOSE

2 ‘‘SEC. 2112. The purpose of this part is to support

3 improvement in classroom instruction so that all students

4 are prepared to achieve to challenging State content and

5 student performance standards in the core academic sub6 jects, by providing assistance to State and local edu7 cational agencies and to institutions of higher education

8 to—

9 ‘‘(1) support States and school districts in con10 tinuing the task of developing challenging content

11 and student performance standards and aligned as12 sessments, revising curricula and teacher certifi13 cation requirements, and using challenging content

14 and student performance standards to improve

15 teaching and learning;

16 ‘‘(2) ensure that teachers and administrators

17 have access to professional development that is

18 aligned with challenging State content and student

19 performance standards in the core academic sub20 jects;

21 ‘‘(3) provide assistance to new teachers during

22 their first three years in the classroom; and

23 ‘‘(4) support the development and acquisition of

24 curricular materials and other instructional aids, if

25 they are not normally provided by the local edu-
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1 cational agency or the State as part of the regular

2 instructional program, that will advance local stand3 ards-based school reform efforts.

4 ‘‘AUTHORIZATIONS OF APPROPRIATIONS

5 ‘‘SEC. 2113. (a) SUBPART 2.—For the purpose of

6 carrying out subpart 2, there are authorized to be appro7 priated such sums as may be necessary for fiscal year

8 2001 and each of the four succeeding fiscal years.

9 ‘‘(b) SUBPART 3.—For the purpose of carrying out

10 subpart 3, there are authorized to be appropriated such

11 sums as may be necessary for fiscal year 2001 and each

12 of the four succeeding fiscal years.

13 ‘‘Subpart 2—State and Local Activities

14 ‘‘ALLOCATIONS TO STATES

15 ‘‘SEC. 2121. (a) RESERVATION OF FUNDS.—From

16 the amount available to carry out this subpart for any fis17 cal year, the Secretary shall reserve a total of one percent

18 to provide assistance to—

19 ‘‘(1) the outlying areas, which the Secretary

20 shall distribute among them on the basis of their rel21 ative need, which they shall use to provide profes22 sional development; and

23 ‘‘(2) the Secretary of the Interior for profes24 sional development activities for teachers, other

25 staff, and administrators in schools operated or

26 funded by the Bureau of Indian Affairs.
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1 ‘‘(b) STATE ALLOCATIONS.—After reserving funds

2 under subsection (a), the Secretary shall allocate the re3 maining funds among the States as follows:

4 ‘‘(1) Fifty percent shall be allocated on the

5 basis of the relative amounts the States received

6 under subpart 2 of part A of title I for the previous

7 fiscal year.

8 ‘‘(2) Fifty percent shall be allocated on the

9 basis of the relative populations of individuals aged

10 5 through 17, as determined by the Secretary on the

11 basis of the most recent data that are satisfactory

12 to the Secretary.

13 ‘‘(c) MINIMUM STATE ALLOCATION.—Notwith14 standing subsection (b), the Secretary shall allocate to

15 each State no less than one-half of 1 percent of the total

16 amount available under that subsection.

17 ‘‘(d) DEFINITION.—For the purpose of this section,

18 the term ‘State’ means each of the 50 States, the District

19 of Columbia, and the Commonwealth of Puerto Rico.

20 ‘‘PRIORITY FOR PROFESSIONAL DEVELOPMENT IN

21 MATHEMATICS AND SCIENCE

22 ‘‘SEC. 2122. (a) PRIORITY.—(1) In any fiscal year

23 for which the appropriation for this subpart is $300 mil24 lion or less, each State educational agency, working jointly

25 with the State agency for higher education, shall ensure

26 that all funds received under this subpart are used for pro-
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1 fessional development in mathematics and science that is

2 aligned with State content and student performance

3 standards.

4 ‘‘(2) In any fiscal year for which the appropriation

5 for this subpart is greater than $300 million, the State

6 educational agency and the State agency for higher edu7 cation shall jointly ensure that the total amount of funds

8 under this subpart that they use for professional develop9 ment in mathematics and science is at least as much as

10 the allocation the State would have received if that appro11 priation had been $300 million.

12 ‘‘(b) INTERDISCIPLINARY ACTIVITIES.—A State may

13 apply funds under this subpart that it uses for activities

14 that focus on more than one core academic subject toward

15 meeting the requirements of subsection (a) if those activi16 ties include a strong focus on improving instruction in

17 mathematics or science.

18 ‘‘(c) ADDITIONAL FUNDS.—Each State educational

19 agency and State agency for higher education shall jointly

20 ensure that any funds in excess of the amount required

21 by subsection (a) to be spent on professional development

22 in mathematics or science are used to provide professional

23 development activities in one or more of the core academic

24 subjects.
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1 ‘‘STATE APPLICATION

2 ‘‘SEC. 2123. (a) APPLICATIONS REQUIRED.—(1)

3 Each State desiring to receive its allocation under this

4 subpart shall submit an application to the Secretary at

5 such time, in such form, and containing such information

6 as the Secretary may reasonably require.

7 ‘‘(2) The State educational agency shall develop the

8 State application—

9 ‘‘(A) in consultation with the State agency for

10 higher education, community-based and other non11 profit organizations of demonstrated effectiveness in

12 professional development, and institutions of higher

13 education; and

14 ‘‘(B) with the extensive participation of teach15 ers, teacher educators, school administrators, and

16 content specialists.

17 ‘‘(b) CONTENTS.—Each such application shall

18 include—

19 ‘‘(1) a description of how the State educational

20 agency will use all funds received under this subpart,

21 including funds reserved for State-level activities

22 under section 2126, to implement State plans or

23 policies that support comprehensive standards-based

24 education reform through the following strategies:
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1 ‘‘(A) Supporting the alignment of cur2 ricula, assessments, and professional develop3 ment with challenging State and local content

4 and student performance standards.

5 ‘‘(B) Providing professional development,

6 aligned with State content and student per7 formance standards in core academic subjects.

8 ‘‘(C) Ensuring that teachers employed by

9 local educational agencies are proficient in con10 tent knowledge and teaching skills;

11 ‘‘(2) a description of how the State educational

12 agency will coordinate activities funded under this

13 subpart with professional development activities that

14 are supported with funds from other relevant Fed15 eral and non-Federal programs;

16 ‘‘(3) a description of how the State educational

17 agency will ensure that all recipients of funds under

18 this subpart report on the program performance in19 dicators identified by the Secretary under section

20 2136;

21 ‘‘(4) a list of any additional indicators of pro22 gram performance, beyond those required under this

23 subpart, on which the State educational agency and

24 State agency for higher education will require recipi25 ents to report, and a description of how those State
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1 agencies will use the information collected to im2 prove program performance; and

3 ‘‘(5) a description of the process the State edu4 cational agency will use to make competitive awards

5 to local educational agencies under section 2128, in6 cluding a description of—

7 ‘‘(A) the State’s criteria for classifying

8 local educational agencies as among those hav9 ing the greatest need for services provided

10 under this subpart and its justification for

11 those criteria;

12 ‘‘(B) the State’s strategies for ensuring

13 that local educational agencies that have his14 torically had little success in competing for

15 funds are provided a reasonable opportunity to

16 compete for subgrants;

17 ‘‘(C) the State’s criteria for determining

18 the amounts that it will award to recipients and

19 the criteria for providing noncompetitive renew20 als of subgrants; and

21 ‘‘(D) the technical assistance that the

22 State educational agency will provide, under

23 section 2128(e)(2), to local educational agencies

24 that it identifies as having the greatest need for
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1 services and that fail to receive an award under

2 this subpart.

3 ‘‘(c) APPROVAL.—The Secretary shall, using a peer4 review process, approve a State application if it meets the

5 requirements of this section and holds reasonable promise

6 of achieving the purpose described in section 2112.

7 ‘‘ANNUAL STATE REPORTS

8 ‘‘SEC. 2124. Each State that receives funds under

9 this subpart shall annually report to the Secretary, by

10 such deadline as the Secretary may establish, with the

11 first such report due by October 1, 2001—

12 ‘‘(1) on its activities under this subpart;

13 ‘‘(2) on the progress of recipients of subgrants

14 under this subpart against such program perform15 ance indicators as the Secretary may identify under

16 section 2136 and against any additional indicators

17 included in the State’s application; and

18 ‘‘(3) such other information as the Secretary

19 may reasonably require.

20 ‘‘WITHIN-STATE ALLOCATIONS

21 ‘‘SEC. 2125. (a) STATE ADMINISTRATION AND

22 STATE-LEVEL ACTIVITIES.—(1) Each State educational

23 agency may reserve not more than a total of 10 percent

24 of the amount it receives under this subpart for any fiscal

25 year for—

26 ‘‘(A) its costs of administering this subpart;
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1 ‘‘(B) the State-level activities described in sec2 tion 2126; and

3 ‘‘(C) evaluations of the effectiveness of activities

4 under this part, including effectiveness as measured

5 against such indicators of program performance as

6 the Secretary may identify under section 2136.

7 ‘‘(2) A State educational agency may use not more

8 than one third of the amount reserved under paragraph

9 (1) for administration of this subpart, including any costs

10 of conducting subgrant competitions under section 2128.

11 ‘‘(b) RESERVATION FOR STATE AGENCY FOR HIGH12 ER EDUCATION.—For the purpose of carrying out section

13 2127 for any fiscal year, each State educational agency

14 shall make available to the State agency for higher edu15 cation an amount equal to what the State’s allocation

16 would be if the amount appropriated for this subpart were

17 $60 million.

18 ‘‘(c) SUBGRANTS TO LOCAL EDUCATIONAL AGEN19 CIES.—Each State educational agency shall use the re20 maining funds to make subgrants to local educational

21 agencies as follows:

22 ‘‘(1) Fifty percent shall be allocated to local

23 educational agencies in proportion to the relative

24 numbers of children, aged 5 through 17, from fami-
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1 lies below the poverty level who reside in the juris2 dictions served by those agencies.

3 ‘‘(2) Fifty percent shall be used to provide addi4 tional funds to local educational agencies on a com5 petitive basis under section 2128.

6 ‘‘STATE-LEVEL ACTIVITIES

7 ‘‘SEC. 2126. Each State shall use funds it reserves

8 under section 2125(a)(1)(B) to carry out activities de9 scribed in its approved application that promote high-qual10 ity classroom instruction, such as—

11 ‘‘(1) supporting the continued improvement of

12 State content and student performance standards

13 and assessments aligned with those standards;

14 ‘‘(2) providing technical assistance and other

15 services to increase the capacity of local educational

16 agencies and schools to develop and implement sys17 temic local improvement plans, implement State and

18 local assessments, and develop curricula consistent

19 with State and local content and performance stand20 ards;

21 ‘‘(3) supporting the development and improve22 ment of performance-based accountability and incen23 tive systems for schools;

24 ‘‘(4) supporting the development and implemen25 tation, at the local educational agency and school26 building level, of improved systems for recruiting, se-
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1 lecting, hiring, mentoring, supporting, evaluating,

2 and rewarding teachers and principals;

3 ‘‘(5) redesigning and strengthening professional

4 licensure systems for educators;

5 ‘‘(6) developing and implementing professional

6 development opportunities for teachers, principals,

7 and other educators based on State content and stu8 dent performance standards;

9 ‘‘(7) developing performance-based assessment

10 systems for full teacher licensure;

11 ‘‘(8) establishing, expanding, or improving rig12 orous alternative routes to State certification or li13 censure;

14 ‘‘(9) developing or strengthening assessments to

15 test the content knowledge and teaching skills of

16 new teachers;

17 ‘‘(10) creating a statewide network to provide

18 potential teachers with access to information on job

19 openings and required qualifications, and with access

20 to on-line applications;

21 ‘‘(11) supporting the work of a broad-based

22 Statewide panel that promotes comprehensive edu23 cation reform; and
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1 ‘‘(12) meeting the requirements of part B of

2 title XI of this Act, except for the development of

3 policies on school discipline.

4 ‘‘SUBGRANTS TO PARTNERSHIPS OF INSTITUTIONS OF

5 HIGHER EDUCATION AND LOCAL EDUCATIONAL AGENCIES

6 ‘‘SEC. 2127. (a) ADMINISTRATION.—From the funds

7 made available to it under section 2125(b) for any fiscal

8 year, the State agency for higher education may use not

9 more than three and one-third percent for its expenses in

10 administering this subpart, including conducting evalua11 tions against such indicators of program performance as

12 the Secretary may identify under section 2136.

13 ‘‘(b) SUBGRANTS TO PARTNERSHIPS.—(1) The State

14 agency for higher education shall use the remainder of

15 those funds, in cooperation with the State educational

16 agency, to make subgrants to, or enter into contracts or

17 cooperative agreements with, institutions of higher edu18 cation or nonprofit organizations of demonstrated effec19 tiveness in providing professional development in the core

20 academic subjects.

21 ‘‘(2) Each subgrant under this section shall be—

22 ‘‘(A) of sufficient size and duration to carry out

23 the purpose of this subpart effectively;

24 ‘‘(B) awarded, using a peer-review process, on

25 a competitive basis; and
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1 ‘‘(C) for a period of three years, which the

2 State agency for higher education shall extend for

3 an additional two years if it determines that sub4 stantial progress is being made toward meeting the

5 specific goals set out in the written agreements re6 quired by subsection (c) and against such indicators

7 of program performance as the Secretary may iden8 tify under section 2136.

9 ‘‘(3) In making subgrants, the State agency for high10 er education shall give a priority to projects that focus

11 on induction programs for new teachers.

12 ‘‘(4) In making subgrants, the State agency for high13 er education shall consider—

14 ‘‘(A) the need for the proposed professional de15 velopment activities in the local educational agency

16 or agencies with which the institution or organiza17 tion has an agreement under subsection (c), as dem18 onstrated by measurable indicators, such as those

19 described in section 2128(c) and those identified by

20 the Secretary under section 2136;

21 ‘‘(B) the quality of the proposed program and

22 its likelihood of success in improving classroom in23 struction and student academic achievement; and

24 ‘‘(C) such other criteria as it finds appropriate.
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1 ‘‘(c) LOCAL EDUCATIONAL AGENCIES AS REQUIRED

2 PARTNERS.—(1) No institution of higher education or

3 nonprofit organization may receive a subgrant under this

4 section unless it enters into a written agreement with at

5 least one local educational agency to provide professional

6 development for elementary and secondary school teachers

7 in the schools of that agency in the core academic subjects.

8 ‘‘(2) Each such agreement shall identify specific goals

9 for how the professional development that the subgrantee

10 provides will enhance the ability of those teachers to pre11 pare all students to achieve to challenging State and local

12 content and student performance standards.

13 ‘‘(d) COORDINATION.—Any professional development

14 activities carried out under this section shall be coordi15 nated with activities carried out under title II of the High16 er Education Act of 1965, if the local educational agency

17 or institution of higher education is participating in pro18 grams funded under that title.

19 ‘‘(e) JOINT EFFORTS WITHIN INSTITUTIONS OF

20 HIGHER EDUCATION.—Each activity assisted under this

21 section shall involve the joint effort of the institution of

22 higher education’s school or department of education and

23 the school or departments in the specific disciplines in

24 which the professional development will be provided.
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1 ‘‘(f) USES OF FUNDS.—A recipient of funds under

2 this section shall use those funds for—

3 ‘‘(1) professional development in the core aca4 demic subjects, aligned with State or local content

5 standards, for teams of teachers from a school or

6 local educational agency and, where appropriate, ad7 ministrators and teaching assistants on a career

8 track;

9 ‘‘(2) research-based programs to assist new

10 teachers during their first three years in the class11 room, which may include—

12 ‘‘(A) mentoring and coaching by trained

13 mentor teachers that lasts at least two years;

14 ‘‘(B) team teaching with experienced

15 teachers;

16 ‘‘(C) time for observation of, and consulta17 tion with, experienced teachers;

18 ‘‘(D) assignment of fewer course prepara19 tions; and

20 ‘‘(E) provision of additional time for prep21 aration; and

22 ‘‘(3) providing technical assistance to school

23 and agency staff for planning, implementing, and

24 evaluating professional development.
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1 ‘‘(g) ANNUAL REPORTS.—(1) Beginning with fiscal

2 year 2002, each subgrantee under this section shall submit

3 an annual report to the State agency for higher education,

4 by a date set by that agency, on its progress against such

5 indicators of program performance as the Secretary may

6 identify under section 2136.

7 ‘‘(2) Each such report shall—

8 ‘‘(A) include a copy of each written agreement

9 required by subsection (c); and

10 ‘‘(B) describe how the subgrantee and the local

11 educational agency have collaborated to achieve the

12 specific goals set out in the agreement, and the re13 sults of that collaboration.

14 ‘‘(3) The State agency for higher education

15 shall provide the State educational agency with a

16 copy of each subgrantee’s annual report.

17 ‘‘COMPETITIVE LOCAL AWARDS

18 ‘‘SEC. 2128. (a) IN GENERAL.—Each State edu19 cational agency shall use the funds described in section

20 2125(c)(2) for competitive grants to local educational

21 agencies that are primarily focused on those agencies with

22 the greatest need for activities related to the development

23 and effective implementation of curricula aligned with

24 State content and student performance standards and for

25 professional development activities that are aligned with

26 those standards.
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1 ‘‘(b) SELECTION PROCESS.—(1) The State edu2 cational agency shall award subgrants under this section

3 through a peer-review process that includes reviewers who

4 are knowledgeable in the academic content areas.

5 ‘‘(2) The State educational agency shall—

6 ‘‘(A) provide local educational agencies and the

7 general public with a list of the selection criteria

8 that the State educational agency will use in making

9 subgrants; and

10 ‘‘(B) at the completion of the awards process,

11 make public a complete list of applicants and of the

12 applicants that received awards.

13 ‘‘(c) DEMONSTRATION OF NEED.—The State edu14 cational agency shall identify the applicants with the

15 greatest need for services based on objective data supplied

16 by the applicant, such as—

17 ‘‘(1) the number or percentage of children who

18 fail to meet State performance standards on assess19 ments used for part A of title I;

20 ‘‘(2) the number or percentage of schools iden21 tified for school improvement under section 1116(c);

22 ‘‘(3) the number or percentage of teachers em23 ployed who have not received full State certification

24 or licensure;
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1 ‘‘(4) the number or percentage of secondary2 school teachers whose primary teaching assignment

3 is in a core academic subject for which the teacher

4 does not have an academic major or minor in the

5 subject area or a related field;

6 ‘‘(5) the number or percentage of students liv7 ing in poverty;

8 ‘‘(6) the number or percentage of students who

9 have limited English proficiency; and

10 ‘‘(7) the applicant’s fiscal capacity to fund pro11 grams described in this section without Federal as12 sistance.

13 ‘‘(d) SELECTION OF SUBGRANTEES.—The State edu14 cational agency shall make awards to applicants based

15 on—

16 ‘‘(1) the quality of the applicant’s proposal and

17 the likelihood of its success in improving classroom

18 instruction and student academic achievement; and

19 ‘‘(2) the demonstrated need of the applicant

20 under subsection (c).

21 ‘‘(e) OPPORTUNITY TO COMPETE.—(1) To ensure

22 that local educational agencies that have the greatest need

23 are provided a reasonable opportunity to compete for an

24 award, State educational agencies shall adopt at least one
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1 of, or a strategy similar to at least one of, the following

2 strategies:

3 ‘‘(A) Holding more than one competition for

4 funds from a fiscal year and, before each subsequent

5 competition, providing technical assistance in devel6 oping a high-quality application to districts it identi7 fies as having the greatest need that were unsuccess8 ful in the initial grant competition.

9 ‘‘(B) Holding a competition restricted to local

10 educational agencies that it has identified as having

11 the greatest need for services.

12 ‘‘(C) Requiring recipients seeking a renewal of

13 their awards to form a partnership with an applicant

14 that failed to receive an award.

15 ‘‘(D) Providing a competitive priority to those

16 districts it has identified as having the greatest need

17 for services.

18 ‘‘(2) At a minimum, a State educational agency shall,

19 after the completion of an award cycle and before the start

20 of the next cycle, provide any applicant local educational

21 agency that met its criteria for greatest need for services,

22 but that did not receive a subgrant, with technical assist23 ance in developing a high-quality application for future

24 competitions.
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1 ‘‘(f) SCOPE OF PROJECTS.—The State educational

2 agency shall approve only applications for projects that are

3 of sufficient size, scope, and quality to achieve the purpose

4 of this part.

5 ‘‘(g) DURATION OF SUBGRANTS.—Each subgrant

6 under this section shall be for a period of three years,

7 which the State educational agency shall extend for an ad8 ditional two years if it determines that the local edu9 cational agency is making substantial progress toward

10 meeting the specific goals in its plan described in section

11 2129(c)(1) and against such indicators of program per12 formance as the Secretary may identify under section

13 2136.

14 ‘‘LOCAL APPLICATIONS

15 ‘‘SEC. 2129. (a) APPLICATION REQUIRED.—A local

16 educational agency that wishes to receive a subgrant under

17 this subpart shall submit an application to the State edu18 cational agency containing such information as the State

19 educational agency may reasonably require.

20 ‘‘(b) PLAN.—(1) Each such application shall include

21 a district-wide plan for raising student achievement

22 against State standards through each of the following

23 strategies:

24 ‘‘(A) Supporting the alignment of curricula, as25 sessments, and professional development with chal26 lenging State and local content standards.
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1 ‘‘(B) Providing professional development in core

2 academic content areas.

3 ‘‘(C) Carrying out activities to assist new teach4 ers during their first three years in the classroom.

5 ‘‘(D) Ensuring that teachers employed by the

6 local educational agency are proficient in teaching

7 skills and in the content knowledge needed to effec8 tively teach the content called for by State stand9 ards.

10 ‘‘(2) Each plan under paragraph (1) shall be data11 driven and based on results of assessments of student per12 formance that the local educational agency is using under

13 title I.

14 ‘‘(c) ADDITIONAL CONTENTS.—Each such applica15 tion shall also—

16 ‘‘(1) identify specific, measurable goals for

17 achieving the purpose described in section 2112

18 that, at a minimum, reflect the performance indica19 tors identified by the Secretary under section 2136;

20 ‘‘(2) describe how the local educational agency

21 will address the needs of high-poverty, low-per22 forming schools within its jurisdiction;

23 ‘‘(3) describe how the local educational agency

24 will address the needs of teachers of students with
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1 limited English proficiency and other students with

2 special needs;

3 ‘‘(4) include an assurance that the local edu4 cational agency will collect data that measure

5 progress toward the indicators of program perform6 ance identified by the Secretary under section 2136;

7 ‘‘(5) describe how the local educational agency

8 will coordinate funds under this subpart with the

9 professional development activities funded through

10 other State and Federal programs;

11 ‘‘(6) describe how the local educational agency

12 will use funds described in section 2125(c)(1) to

13 help implement the plan described in subsection (b);

14 and

15 ‘‘(7) if applying for a competitive subgrant

16 under section 2128, describe how it will use the ad17 ditional funds under that section to support imple18 mentation of that plan.

19 ‘‘(d) APPROVAL.—Notwithstanding section

20 2125(c)(1)—

21 ‘‘(1) a State educational agency shall approve a

22 local educational agency’s application under this sec23 tion only if it determines that it holds reasonable

24 promise of achieving the purpose described in section

25 2112; and
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1 ‘‘(2) shall continue to provide funds to a local

2 educational agency under section 2125(c)(1) after

3 its third year of participation only if it determines

4 that the local educational agency has made substan5 tial progress toward meeting the specific goals in its

6 plan described in section 2129(c)(1) and against

7 such indicators of program performance as the Sec8 retary may identify under section 2136.

9 ‘‘(e) DURATION.—(1) An application approved under

10 this section shall remain in effect for the duration of a

11 local educational agency’s participation in the program

12 under this subpart.

13 ‘‘(2) A local educational agency shall annually review

14 its plan, revise it as necessary, and submit any such revi15 sions to the State educational agency for its approval.

16 ‘‘USES OF FUNDS

17 ‘‘SEC. 2130. A local educational agency that receives

18 funds under this subpart shall use those funds for activi19 ties to raise student achievement against challenging State

20 standards, in accordance with its plan described in section

21 2129(b), which may include—

22 ‘‘(1) professional development in the core aca23 demic subjects that provides educators with content

24 and pedagogical skills to prepare all students to

25 achieve to challenging State and local content and

26 student performance standards;
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1 ‘‘(2) school-based collaborative efforts among

2 teachers to improve instruction in core academic

3 subject areas, including programs that facilitate

4 teacher observation and analyses of fellow teachers’

5 classroom practice to improve instruction;

6 ‘‘(3) sustained collaboration that takes place

7 over the course of at least one school year among

8 teachers and outside experts to improve instruction

9 in core academic subject areas;

10 ‘‘(4) teacher participation in working groups,

11 task forces, or committees charged with adapting

12 and implementing high standards for all students,

13 including district-wide and school-based teams of

14 teachers charged with aligning curricula and lesson

15 plans with State content and student performance

16 standards and assessments;

17 ‘‘(5) programs to assist new teachers during

18 their first three years in the classroom, such as—

19 ‘‘(A) mentoring and coaching by trained

20 mentor teachers that lasts for at least two

21 school years;

22 ‘‘(B) team teaching with experienced

23 teachers;

24 ‘‘(C) time for observation of, and consulta25 tion with, experienced teachers;
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1 ‘‘(D) assignment of fewer course prepara2 tions; and

3 ‘‘(E) provision of additional time for

4 course preparation;

5 ‘‘(6) programs to implement peer-review proc6 esses for teachers and principals;

7 ‘‘(7) collaborative professional development ex8 periences for veteran teachers based on the stand9 ards in the core academic subjects of the National

10 Board for Professional Teaching Standards;

11 ‘‘(8) the participation of teams of teachers in

12 summer institutes and summer immersion activities

13 that are focused on preparing teachers to bring all

14 students to high standards in one or more of the

15 core academic subjects;

16 ‘‘(9) the establishment and maintenance of local

17 professional networks that provide a forum for inter18 action among teachers and that allow for the ex19 change of information on advances in content and

20 pedagogy;

21 ‘‘(10) the development of incentives to encour22 age teachers employed by the agency, and other

23 qualified individuals, to obtain proficiency in content

24 knowledge in a core academic subject area identified
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1 by the agency as having a shortage of qualified

2 teachers;

3 ‘‘(11) the development and acquisition of cur4 ricular materials and other instructional aids, if they

5 are not normally provided by the local educational

6 agency or the State as part of the regular instruc7 tional program, that will advance local reform efforts

8 to raise student achievement against State and local

9 content and student performance standards; and

10 ‘‘(12) the development and distribution of

11 school and agency report cards on the status of edu12 cation and educational progress, as required by sec13 tion 11206.

14 ‘‘LOCAL ACCOUNTABILITY

15 ‘‘SEC. 2131. (a) ANNUAL REPORTS.—Each local edu16 cational agency that receives funds under this subpart

17 shall make publicly available and submit to the State edu18 cational agency every year, beginning in fiscal year 2002,

19 a report on its activities under this subpart, in such form

20 and containing such information as the State educational

21 agency may reasonably require.

22 ‘‘(b) CONTENTS.—The report shall contain, at a

23 minimum—

24 ‘‘(1) information on progress across the local

25 educational agency against such indicators of pro-
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1 gram performance as the Secretary may identify

2 under section 2136;

3 ‘‘(2) information on progress across the local

4 educational agency toward achieving the specific

5 goals described in section 2129(c)(1);

6 ‘‘(3) data disaggregated by school-poverty level

7 as defined by the Secretary; and

8 ‘‘(4) a description of the methodology used to

9 gather the data.

10 ‘‘LOCAL COST-SHARING REQUIREMENT

11 ‘‘SEC. 2132. (a) FUNDS AWARDED BY FORMULA.—

12 The Federal share of activities carried out under this sub13 part with funds awarded by formula under section

14 2125(c)(1) shall not exceed 67 percent for any fiscal year.

15 ‘‘(b) OTHER FUNDS.—The Federal share of activities

16 carried out under this subpart with funds awarded under

17 section 2125(c)(2) shall not exceed—

18 ‘‘(1) 85 percent during the first year of the

19 subgrant;

20 ‘‘(2) 75 percent during the second year;

21 ‘‘(3) 65 percent during the third year;

22 ‘‘(4) 55 percent during the fourth year; and

23 ‘‘(5) 50 percent during the fifth year.

24 ‘‘(c) SERVICES TO PRIVATE SCHOOL STUDENTS AND

25 TEACHERS.—Notwithstanding subsections (a) and (b),

26 the Federal share of the cost of providing services to stu-
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1 dents and teachers in private schools, in accordance with

2 section 11803 through 11806, may be up to 100 percent.

3 ‘‘(d) AVAILABLE RESOURCES FOR COST-SHARING.—

4 A local educational agency may meet its obligations under

5 subsections (a) or (b) through one or more of the fol6 lowing:

7 ‘‘(1) Cash expenditures from non-Federal

8 sources, including private contributions.

9 ‘‘(2) Services provided in kind, fairly evaluated.

10 ‘‘(3) Release time for participating teachers.

11 ‘‘(4) Funds received under other Federal stat12 utes and programs, if used in a manner consistent

13 with those statutes and programs and for the benefit

14 of students and teachers that would otherwise have

15 been served with those funds.

16 ‘‘MAINTENANCE OF EFFORT

17 ‘‘SEC. 2133. No funds may be provided to a local edu18 cational agency under this subpart unless the State edu19 cational agency is satisfied that the local educational agen20 cy will spend, from other sources, at least as much for

21 professional development activities described in this sub22 part as the average amount it spent from other sources

23 for those activities over the previous three years.

24 ‘‘EQUIPMENT AND TEXTBOOKS

25 ‘‘SEC. 2134. A local educational agency may not use

26 subgrant funds under this subpart for equipment, com-
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1 puter hardware, textbooks, telecommunications fees, or

2 other items, that would otherwise be provided by the local

3 educational agency, the State, or a private school whose

4 students receive services under this part.

5 ‘‘SUPPLEMENT, NOT SUPPLANT

6 ‘‘SEC. 2135. A local educational agency that receives

7 funds under this subpart shall use those funds only to sup8 plement the amount of funds or resources that would, in

9 the absence of those Federal funds, be made available

10 from non-Federal sources for the purposes of the program

11 authorized under this subpart, and not to supplant those

12 non-Federal funds or resources.

13 ‘‘PROGRAM PERFORMANCE INDICATORS

14 ‘‘SEC. 2136. Not later than three months after the

15 effective date of the amendments to this title made by the

16 Educational Excellence for All Children Act of 1999, the

17 Secretary shall, in collaboration with States, local edu18 cational agencies, and institutions of higher education,

19 identify indicators of program performance under this

20 subpart, against which recipients of funds under this sub21 part shall report their progress, in such manner as the

22 Secretary may determine.

23 ‘‘DEFINITIONS

24 ‘‘SEC. 2137. As used in this subpart, the following

25 terms have the following meanings:
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1 ‘‘(1) CORE ACADEMIC SUBJECTS.—The term

2 ‘core academic subjects’ means—

3 ‘‘(A) mathematics;

4 ‘‘(B) science;

5 ‘‘(C) reading (or language arts) and

6 English;

7 ‘‘(D) social studies (history, civics/govern8 ment, geography, and economics);

9 ‘‘(E) foreign languages; and

10 ‘‘(F) fine arts (music, dance, drama, and

11 the visual arts).

12 ‘‘(2) HIGH-POVERTY LOCAL EDUCATIONAL

13 AGENCY.—The term ‘high-poverty local educational

14 agency’ has the meaning given that term in section

15 2217(1).

16 ‘‘(3) LOW-PERFORMING SCHOOL.—The term

17 ‘low-performing school’ means—

18 ‘‘(A) a school identified by a local edu19 cational agency for school improvement under

20 section 1116(c); or

21 ‘‘(B) a school in which the great majority

22 of students fail to meet State student perform23 ance standards based on assessments the local

24 educational agency is using under part A of

25 title I.
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1 ‘‘(4) PROFESSIONAL DEVELOPMENT.—The

2 term ‘professional development’ means sustained and

3 intensive activities that improve teachers’ content

4 knowledge and teaching skills and that—

5 ‘‘(A) enhance the ability of teachers to help

6 all students, including children with disabilities,

7 children with limited English proficiency and

8 economically disadvantaged children, reach high

9 State and local content and student perform10 ance standards;

11 ‘‘(B) advance teacher understanding of one

12 or more of the core academic subject areas and

13 effective instructional strategies for improving

14 student achievement in those areas;

15 ‘‘(C) are of sufficient duration to have a

16 positive and lasting impact on classroom in17 struction;

18 ‘‘(D) are an integral part of broader school

19 and district-wide plans for raising student

20 achievement to State and local standards;

21 ‘‘(E) are based on the best available re22 search on teaching and learning;

23 ‘‘(F) include professional development ac24 tivities that involve collaborative groups of

25 teachers and administrators from the same
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1 school or district and, to the greatest extent

2 possible, include follow-up and school-based

3 support such as coaching or study groups; and

4 ‘‘(G) as a whole, are regularly evaluated

5 for their impact on increased teacher effective6 ness and improved student achievement, with

7 the findings of such evaluations used to improve

8 the quality of professional development.

9 ‘‘Subpart 3—National Activities for the Improvement of

10 Teaching and School Leadership

11 ‘‘PROGRAM AUTHORIZED

12 ‘‘SEC. 2141. (a) IN GENERAL.—The Secretary is au13 thorized to make grants to, and to enter into contracts

14 and cooperative agreements with, local educational agen15 cies, educational service agencies, State educational agen16 cies, State agencies for higher education, institutions of

17 higher education, and other public and private nonprofit

18 agencies, organizations, and institutions to carry out sub19 section (b).

20 ‘‘(b) ACTIVITIES.—The Secretary—

21 ‘‘(1) may support activities of national signifi22 cance that are not supported through other sources

23 and that the Secretary determines will contribute to

24 the improvement of teaching and school leadership

25 in the Nation’s schools, such as—
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1 ‘‘(A) supporting collaborative efforts by

2 States, or consortia of States, to review and

3 benchmark the quality, rigor and alignment of

4 State standards and assessments;

5 ‘‘(B) supporting the development of mod6 els, at the State and local levels, of innovative

7 compensation systems that—

8 ‘‘(i) provide incentives for talented in9 dividuals who have a strong knowledge of

10 academic content to enter teaching; and

11 ‘‘(ii) reward experienced teachers who

12 acquire new knowledge and skills that are

13 needed in the schools and districts in

14 which they teach; and

15 ‘‘(C) supporting collaborative efforts by

16 States, or consortia of States, to develop per17 formance-based systems for assessing content

18 knowledge and teaching skills prior to full

19 teacher licensure;

20 ‘‘(2) may support activities of national signifi21 cance that the Secretary determines will contribute

22 to the recruitment and retention of highly qualified

23 teachers and principals in high-poverty local edu24 cational agencies, such as—
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1 ‘‘(A) the development and implementation

2 of a national teacher recruitment clearinghouse

3 and job bank, which shall be coordinated and,

4 to the extent feasible, integrated with the Amer5 ica’s Job Bank administered by the Secretary

6 of Labor, to—

7 ‘‘(i) disseminate information and re8 sources nationwide on entering the teach9 ing profession to persons interested in be10 coming teachers;

11 ‘‘(ii) serve as a national resource cen12 ter for effective practices in teacher re13 cruitment and retention;

14 ‘‘(iii) link prospective teachers to local

15 educational agencies and training re16 sources; and

17 ‘‘(iv) provide information and tech18 nical assistance to prospective teachers

19 about certification and other State and

20 local requirements related to teaching;

21 ‘‘(B) the development and implementation,

22 or expansion, of programs that recruit talented

23 individuals to become principals, including such

24 programs that employ alternative routes to

25 State certification, and that prepare both new
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1 and experienced principals to serve as instruc2 tional leaders, which may include the creation

3 and operation of a national center for the prep4 aration and support of principals as leaders of

5 school reform;

6 ‘‘(C) efforts to increase the portability of

7 teacher pensions and reciprocity of teaching

8 credentials across State lines;

9 ‘‘(D) research, evaluation, and dissemina10 tion activities related to effective strategies for

11 increasing the portability of teachers’ credited

12 years of experience across State and school dis13 trict lines; and

14 ‘‘(E) the development and implementation

15 of national or regional programs to—

16 ‘‘(i) recruit highly talented individuals

17 to become teachers, through alternative

18 certification routes, in high-poverty local

19 educational agencies; and

20 ‘‘(ii) help retain those individuals as

21 classroom teachers in those local edu22 cational agencies for more than three

23 years;

24 ‘‘(3) shall carry out a national evaluation of the

25 effect of activities under this part, including changes
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1 in instructional practice and objective measures of

2 student achievement;

3 ‘‘(4) may support the National Board for Pro4 fessional Teaching Standards; and

5 ‘‘(5) shall support the Eisenhower National

6 Clearinghouse for Mathematics and Science Edu7 cation under section 2142.

8 ‘‘EISENHOWER NATIONAL CLEARINGHOUSE FOR

9 MATHEMATICS AND SCIENCE EDUCATION

10 ‘‘SEC. 2142. (a) ESTABLISHMENT OF CLEARING11 HOUSE. The Secretary shall award a competitive grant or

12 contract to establish the Eisenhower National Clearing13 house for Mathematics and Science Education (hereafter

14 in this section referred to as ‘the Clearinghouse’).

15 ‘‘(b) AUTHORIZED ACTIVITIES.—

16 (1) APPLICATION AND AWARD BASIS.—(A)

17 Each entity desiring to establish and operate the

18 Clearinghouse shall submit an application to the

19 Secretary at such time, in such manner, and con20 taining such information as the Secretary may re21 quire.

22 ‘‘(B) The Secretary shall establish a peer-review

23 process to make recommendations on the recipient of

24 the award for the Clearinghouse.

25 ‘‘(C) The Secretary shall make the award for

26 the Clearinghouse on the basis of merit.
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1 ‘‘(2) DURATION.—The Secretary shall award

2 the grant or contract for the Clearinghouse for a pe3 riod of five years.

4 ‘‘(3) ACTIVITIES.—The award recipient shall

5 use the award funds to—

6 ‘‘(A) maintain a permanent collection of

7 such mathematics and science education in8 structional materials and programs for elemen9 tary and secondary schools as the Secretary

10 finds appropriate, with a priority for such mate11 rials and programs that have been identified as

12 promising or exemplary, through a systematic

13 approach such as the use of expert panels re14 quired under the Educational Research, Devel15 opment, Dissemination, and Improvement Act

16 of 1994;

17 ‘‘(B) disseminate the materials and pro18 grams described in paragraph (1) to the public,

19 State educational agencies, local educational

20 agencies, and schools (particularly high-poverty,

21 low-performing schools), including through the

22 maintenance of an interactive national elec23 tronic information management and retrieval

24 system accessible through the Worldwide Web
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1 and other advanced communications tech2 nologies;

3 ‘‘(C) coordinate with other databases con4 taining mathematics and science curriculum

5 and instructional materials, including Federal,

6 non-Federal, and, where feasible, international

7 databases;

8 ‘‘(D) using not more than ten percent of

9 the amount awarded under this section for any

10 fiscal year, participate in collaborative meetings

11 of representatives of the Clearinghouse and the

12 regional consortia established under section

13 2424 of this title to—

14 ‘‘(i) discuss issues of common interest

15 and concern;

16 ‘‘(ii) foster effective collaboration and

17 cooperation in acquiring and distributing

18 curriculum materials and programs; and

19 ‘‘(iii) coordinate and enhance com20 puter network access to the Clearinghouse

21 and the resources of the regional consortia;

22 ‘‘(E) support the development and dissemi23 nation of model professional development mate24 rials in mathematics and science education;
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1 ‘‘(F) contribute materials or information,

2 as appropriate, to other national repositories or

3 networks; and

4 ‘‘(G) gather qualitative and evaluative data

5 on submissions to the Clearinghouse, and dis6 seminate that data widely, including through

7 the use of electronic dissemination networks.

8 ‘‘(4) SUBMISSION TO CLEARINGHOUSE.—Each

9 Federal agency or department that develops mathe10 matics or science education instructional materials

11 or programs, including the National Science Foun12 dation and the Department, shall submit copies of

13 that material and those programs to the Clearing14 house.

15 ‘‘(5) STEERING COMMITTEE.—The Secretary

16 may appoint a steering committee to recommend

17 policies and activities for the Clearinghouse.

18 ‘‘(6) APPLICATION OF COPYRIGHT LAWS.—(A)

19 Nothing in this section shall be construed to allow

20 the use or copying, in any medium, of any material

21 collected by the Clearinghouse that is protected

22 under the copyright laws of the United States unless

23 the permission of the owner of the copyright is ob24 tained.
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1 ‘‘(B) In carrying out this section, the Clearing2 house shall ensure compliance with title 17 of the

3 United States Code.

4 ‘‘PART B—TRANSITION TO TEACHING; TROOPS TO

5 TEACHERS

6 ‘‘FINDINGS

7 ‘‘SEC. 2211. The Congress finds as follows:

8 ‘‘(1) School districts will need to hire more than

9 2 million teachers in the next decade. The need for

10 teachers in the areas of math, science, foreign lan11 guages, special education, and bilingual education,

12 and for those able to teach in high-poverty school

13 districts will be particularly high. To meet this need,

14 talented Americans of all ages should be recruited to

15 become successful, qualified teachers.

16 ‘‘(2) Nearly 13 percent of teachers of academic

17 subjects have neither an undergraduate major nor

18 minor in their main assignment fields. This problem

19 is more acute in high-poverty schools, where the out20 of-field percentage is 22 percent.

21 ‘‘(3) The Third International Math and Science

22 Study (TIMSS) ranked U.S. high school seniors last

23 among 16 countries in physics and next to last in

24 math. It is also evident, mainly from the TIMSS

25 data, that based on academic scores, a stronger em-
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1 phasis needs to be placed on the academic prepara2 tion of our children in math and science.

3 ‘‘(4) One-fourth of high-poverty schools find it

4 very difficult to fill bilingual teaching positions, and

5 nearly half of public school teachers have students in

6 their classrooms for whom English is a second lan7 guage.

8 ‘‘(5) Many career-changing professionals with

9 strong content-area skills are interested in a teach10 ing career, but need assistance in getting the appro11 priate pedagogical training and classroom experi12 ence.

13 ‘‘(6) The Troops to Teachers model has been

14 highly successful in linking high-quality teachers to

15 teach in high-poverty school districts.

16 ‘‘PURPOSE

17 ‘‘SEC. 2212. The purpose of this part is to address

18 the need of high-poverty school districts for highly quali19 fied teachers in particular subject areas, such as mathe20 matics, science, foreign languages, bilingual education,

21 and special education needed by those school districts,

22 by—

23 ‘‘(1) continuing and enhancing the Troops to

24 Teachers model for recruiting and supporting the

25 placement of such teachers; and
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1 ‘‘(2) recruiting, preparing, placing, and sup2 porting career-changing professionals who have

3 knowledge and experience that will help them be4 come such teachers.

5 ‘‘PROGRAM AUTHORIZED

6 ‘‘SEC. 2213. (a) AUTHORITY.—Subject to subsection

7 (b), the Secretary is authorized to use funds appropriated

8 under subsection (c) for each fiscal year to award grants,

9 contracts, or cooperative agreements to institutions of

10 higher education and public and private nonprofit agencies

11 or organizations to carry out programs authorized by this

12 part.

13 ‘‘(b) TROOPS TO TEACHERS.—(1) Before making

14 awards under subsection (a) for any fiscal year, the Sec15 retary shall first—

16 ‘‘(A) consult with the Secretary of Defense and

17 the Secretary of Transportation regarding the ap18 propriate amount of funding needed to continue and

19 enhance the Troops to Teachers program; and

20 ‘‘(B) upon agreement, transfer that amount to

21 the Department of Defense to carry out the Troops

22 to Teachers program.

23 ‘‘(2) The Secretary may enter into a written agree24 ment with the Departments of Defense and Transpor25 tation, or take such other steps as the Secretary deter-
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1 mines are appropriate to ensure effective continuation of

2 the Troops to Teachers program.

3 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—For the

4 purpose of carrying out this part, there are authorized to

5 be appropriated such sums as may be necessary for fiscal

6 year 2001 and each of the four succeeding fiscal years.

7 ‘‘APPLICATION

8 ‘‘SEC. 2214. Each applicant that desires an award

9 under section 2213(a) shall submit an application to the

10 Secretary containing such information as the Secretary

11 may require, including—

12 ‘‘(1) a description of the target group of career13 changing professionals upon which the applicant will

14 focus in carrying out its program under this part,

15 including a description of the characteristics of that

16 target group that shows how the knowledge and ex17 perience of its members are relevant to meeting the

18 purpose of this part;

19 ‘‘(2) a description of how the applicant will

20 identify and recruit program participants;

21 ‘‘(3) a description of the training that program

22 participants will receive and how that training will

23 relate to their certification as teachers;

24 ‘‘(4) a description of how the applicant will en25 sure that program participants are placed and teach

26 in high-poverty local educational agencies;
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1 ‘‘(5) a description of the teacher induction serv2 ices (which may be provided through existing induc3 tion programs) the program participants will receive

4 throughout at least their first year of teaching;

5 ‘‘(6) a description of how the applicant will col6 laborate, as needed, with other institutions, agencies,

7 or organizations to recruit, train, place, and support

8 program participants under this part, including evi9 dence of the commitment of those institutions, agen10 cies, or organizations to the applicant’s program;

11 ‘‘(7) a description of how the applicant will

12 evaluate the progress and effectiveness of its pro13 gram, including—

14 ‘‘(A) the program’s goals and objectives;

15 ‘‘(B) the performance indicators the appli16 cant will use to measure the program’s

17 progress; and

18 ‘‘(C) the outcome measures that will be

19 used to determine the program’s effectiveness;

20 and

21 ‘‘(8) an assurance that the applicant will pro22 vide to the Secretary such information as the Sec23 retary determines necessary to determine the overall

24 effectiveness of programs under this part.
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1 ‘‘USES OF FUNDS AND PERIOD OF SERVICE

2 ‘‘SEC. 2215. (a) AUTHORIZED ACTIVITIES.—Funds

3 under this part may be used for—

4 ‘‘(1) recruiting program participants, including

5 informing them of opportunities under the program

6 and putting them in contact with other institutions,

7 agencies, or organizations that would train, place,

8 and support them;

9 ‘‘(2) training stipends and other financial incen10 tives for program participants, such as moving ex11 penses, not to exceed $5,000, in the aggregate, per

12 participant;

13 ‘‘(3) assisting institutions of higher education

14 or other providers of teacher training to tailor their

15 training to meet the particular needs of professionals

16 who are changing their careers to teaching;

17 ‘‘(4) placement activities, including identifying

18 high-poverty local educational agencies with needs

19 for the particular skills and characteristics of the

20 newly trained program participants and assisting

21 those participants to obtain employment in those

22 local educational agencies; and

23 ‘‘(5) post-placement induction or support activi24 ties for program participants.
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1 ‘‘(b) PERIOD OF SERVICE.—A program participant in

2 a program under this subpart who completes his or her

3 training shall serve in a high-poverty local educational

4 agency for at least three years.

5 ‘‘(c) REPAYMENT.—The Secretary shall establish

6 such requirements as the Secretary determines appro7 priate to ensure that program participants who receive a

8 training stipend or other financial incentive under sub9 section (a)(2), but fail to complete their service obligation

10 under subsection (b), repay all or a portion of such stipend

11 or other incentive.

12 ‘‘EQUITABLE DISTRIBUTION

13 ‘‘SEC. 2216. To the extent practicable, the Secretary

14 shall make awards under this part that support programs

15 in different geographic regions of the Nation.

16 ‘‘DEFINITIONS

17 ‘‘SEC. 2217. As used in this part—

18 ‘‘(1) the term ‘high-poverty local educational

19 agency’ means a local educational agency in which

20 the percentage of children, ages 5 through 17, from

21 families below the poverty level is 20 percent or

22 greater, or the number of such children exceeds

23 10,000; and

24 ‘‘(2) the term ‘program participants’ means ca25 reer-changing professionals who—

26 ‘‘(A) hold at least a baccalaureate degree;
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1 ‘‘(B) demonstrate interest in, and commit2 ment to, becoming a teacher; and

3 ‘‘(C) have knowledge and experience that

4 is relevant to teaching a high-need subject area

5 in a high-poverty local educational agency.

6 ‘‘PART C—EARLY CHILDHOOD EDUCATOR

7 PROFESSIONAL DEVELOPMENT

8 ‘‘PURPOSE

9 ‘‘SEC. 2301. In support of the national effort to at10 tain the first of America’s Education Goals, as set out in

11 section 2(c)(1) of this Act, the purpose of this part is to

12 enhance the school readiness of young children, particu13 larly disadvantaged young children, and to prevent them

14 from encountering reading difficulties once they enter

15 school, by improving the knowledge and skills of early

16 childhood educators who work in communities that have

17 high concentrations of children living in poverty.

18 ‘‘PROGRAM AUTHORIZED

19 ‘‘SEC. 2302. (a) ELIGIBLE PARTNERSHIPS.—The

20 Secretary shall carry out the purpose of this part through

21 competitive grants to partnerships consisting of—

22 ‘‘(1) either—

23 ‘‘(A) one or more institutions of higher

24 education that provide professional development

25 for early childhood educators who work with
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1 children from low-income families in high-need

2 communities; or

3 ‘‘(B) another public or private, nonprofit

4 entity that provides such professional develop5 ment; and

6 ‘‘(2) one or more public agencies (including

7 local educational agencies, State educational agen8 cies, State human services agencies, and State and

9 local agencies administering programs under the

10 Child Care and Development Block Grant Act of

11 1990); Head Start agencies; or private, nonprofit or12 ganizations.

13 ‘‘(b) PRIORITY.—In selecting grantees under this

14 part, the Secretary shall give priority to applications from

15 partnerships that include one or more local educational

16 agencies that operate early childhood education programs

17 for children from low-income families in high-need commu18 nities.

19 ‘‘(c) DURATION OF GRANTS.—(1) Each grant under

20 this part shall be for up to four years.

21 ‘‘(2) No grantee may receive more than one grant

22 under this part.

23 ‘‘APPLICATIONS

24 ‘‘SEC. 2303. (a) APPLICATIONS REQUIRED.—Any eli25 gible applicant that desires to receive a grant under this

26 part shall submit an application at such time, in such
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1 manner, and containing such information as the Secretary

2 may require.

3 ‘‘(b) CONTENTS.—Each such application shall

4 include—

5 ‘‘(1) a description of the high-need community

6 to be served by the project, including such demo7 graphic and socioeconomic information as the Sec8 retary may request;

9 ‘‘(2) information on the quality of the early

10 childhood educator professional development pro11 gram currently conducted by the institution of high12 er education or other provider in the partnership;

13 ‘‘(3) the results of the assessment that the enti14 ties in the partnership have undertaken to determine

15 the most critical professional development needs of

16 the early childhood educators to be served by the

17 partnership and in the broader community, and a

18 description of how the proposed project will address

19 those needs;

20 ‘‘(4) a description of how the proposed project

21 will be carried out, including—

22 ‘‘(A) how individuals will be selected to

23 participate;
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1 ‘‘(B) the types of research-based profes2 sional development activities that will be carried

3 out;

4 ‘‘(C) how research on effective professional

5 development and on adult learning will be used

6 to design and deliver project activities;

7 ‘‘(D) how the project will coordinate with

8 and build on, and will not supplant or dupli9 cate, early childhood education professional de10 velopment activities that exist in the commu11 nity;

12 ‘‘(E) how the project will train early child13 hood educators to provide services that are

14 based on the best available research on child,

15 language, and literacy development and on early

16 childhood pedagogy; and

17 ‘‘(F) how the program will train early

18 childhood educators to meet the diverse edu19 cational needs of children in the community, in20 cluding children who have limited English pro21 ficiency, disabilities, or other special needs;

22 ‘‘(5) a description of—

23 ‘‘(A) the specific objectives that the appli24 cant will seek to attain through the project, and
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1 how the applicant will measure progress toward

2 attainment of those objectives; and

3 ‘‘(B) how the objectives and the measure4 ment activities align with the performance indi5 cators established by the Secretary under sec6 tion 2306(a);

7 ‘‘(6) a description of the applicant’s plan

8 for institutionalizing the activities carried out

9 under the project, so that they continue once

10 Federal funding ceases;

11 ‘‘(7) an assurance that, where applicable, the

12 project will provide appropriate professional develop13 ment to volunteer staff, as well as to paid staff; and

14 ‘‘(8) an assurance that, in developing its appli15 cation and in carrying out its project, it has con16 sulted with, and will consult with, relevant agencies

17 and organizations described in section 2302(a)(2)

18 that are not members of the partnership.

19 ‘‘SELECTION OF GRANTEES

20 ‘‘SEC. 2304. (a) CRITERIA.—The Secretary shall se21 lect applicants to receive funding on the basis of the com22 munity’s need for assistance and the quality of the appli23 cations.

24 ‘‘(b) GEOGRAPHIC DISTRIBUTION.—In selecting

25 grantees, the Secretary shall seek to ensure that commu-
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1 nities in different regions of the Nation, as well as both

2 urban and rural communities, are served.

3 ‘‘USES OF FUNDS

4 ‘‘SEC. 2305. (a) IN GENERAL.—Each recipient of a

5 grant under this part shall use the grant funds to carry

6 out activities that will improve the knowledge and skills

7 of early childhood educators who are working in early

8 childhood programs that are located in high-need commu9 nities and serve concentrations of children from low-in10 come families.

11 ‘‘(b) ALLOWABLE ACTIVITIES.—Allowable activities

12 include, but are not limited to—

13 ‘‘(1) professional development for individuals

14 working as early childhood educators, particularly to

15 familiarize those individuals with recent research on

16 child, language, and literacy development and on

17 early childhood pedagogy;

18 ‘‘(2) professional development for early child19 hood educators in working with parents, based on

20 the best current research on child, language, and lit21 eracy development and parent involvement, so that

22 they can prepare their children to succeed in school;

23 ‘‘(3) professional development for early child24 hood educators to work with children who have lim25 ited English proficiency, disabilities, and other spe26 cial needs;
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1 ‘‘(4) activities that assist and support early

2 childhood educators during their first three years in

3 the field;

4 ‘‘(5) development and implementation of early

5 childhood educator professional development pro6 grams that make use of distance learning and other

7 technologies; and

8 ‘‘(6) data collection, evaluation, and reporting

9 needed to meet the requirements of this part relat10 ing to accountability.

11 ‘‘ACCOUNTABILITY

12 ‘‘SEC. 2306. (a) PERFORMANCE INDICATORS.—Si13 multaneously with the publication of any application no14 tice for grants under this part, the Secretary shall an15 nounce performance indicators for this part, which shall

16 be designed to measure—

17 ‘‘(1) the quality of the professional development

18 provided;

19 ‘‘(2) the impact of that professional develop20 ment on the early childhood education provided by

21 the individuals who are trained; and

22 ‘‘(3) such other measures of program impact as

23 the Secretary determines appropriate.

24 ‘‘(b) ANNUAL REPORTS.—(1) Grantees shall report

25 annually to the Secretary on their progress against the

26 performance indicators.
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1 ‘‘(2) The Secretary may terminate a grant at any

2 time if he determines that the grantee is not making satis3 factory progress against those indicators.

4 ‘‘COST-SHARING

5 ‘‘SEC. 2307. (a) IN GENERAL.—Each grantee shall

6 provide, from other sources, which may include other Fed7 eral sources—

8 ‘‘(1) at least 50 percent of the total cost of its

9 project for the grant period; and

10 ‘‘(2) at least 20 percent of the project cost in

11 each year.

12 ‘‘(b) ACCEPTABLE CONTRIBUTIONS.—A grantee may

13 meet the requirement of subsection (a) through cash or

14 in-kind contributions, fairly valued.

15 ‘‘(c) WAIVERS.—The Secretary may waive or modify

16 the requirements of subsection (a) in cases of dem17 onstrated financial hardship.

18 ‘‘DEFINITIONS

19 ‘‘SEC. 2308. As used in this part, the following terms

20 have the following meanings:

21 ‘‘(1)(A) The term ‘high-need community’

22 means—

23 ‘‘(i) a municipality, or portion of a munici24 pality, in which at least 50 percent of children

25 are from low-income families; or
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1 ‘‘(ii) a municipality that is one of the 10

2 percent of municipalities within its State having

3 the greatest numbers of those children.

4 ‘‘(B) In determining which communities are de5 scribed in subparagraph (A), the Secretary shall use

6 such data as he determines are most accurate and

7 appropriate.

8 ‘‘(2) The term ‘low-income family’ means a

9 family with an income below the poverty line (as de10 fined by the Office of Management and Budget and

11 revised annually in accordance with section 673(2)

12 of the Community Services Block Grant Act (42

13 U.S.C. 9902(2))) applicable to a family of the size

14 involved for the most recent fiscal year for which

15 satisfactory data are available.

16 ‘‘(3) The term ‘early childhood educator’ means

17 a person who provides care and education to chil18 dren at any age from birth through kindergarten.

19 ‘‘FEDERAL COORDINATION

20 ‘‘SEC. 2309. The Secretary and the Secretary of

21 Health and Human Services shall coordinate activities

22 under this part and other early childhood programs ad23 ministered by the two Secretaries.

24 ‘‘AUTHORIZATION OF APPROPRIATIONS

25 ‘‘SEC. 2310. For the purpose of carrying out this

26 part, there are authorized to be appropriated such sums
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1 as may be necessary for fiscal year 2001 and each of the

2 four succeeding fiscal years.

3 ‘‘PART D—TECHNICAL ASSISTANCE PROGRAMS

4 ‘‘FINDINGS

5 ‘‘SEC. 2401. The Congress finds that—

6 ‘‘(1) sustained, high-quality technical assistance

7 that responds to State and local demand, supported

8 by widely disseminated, research-based information

9 on what constitutes high-quality technical assistance

10 and how to identify high-quality technical assistance

11 providers, can enhance the opportunity for all chil12 dren to achieve to challenging State academic con13 tent and student performance standards;

14 ‘‘(2) an integrated system for acquiring, using,

15 and supplying technical assistance is essential to im16 proving programs and affording all children this op17 portunity;

18 ‘‘(3) States, local educational agencies, tribes,

19 and schools serving students with special needs, such

20 as educationally disadvantaged students and stu21 dents with limited English proficiency, have clear

22 needs for technical assistance in order to use funds

23 under this Act to provide those students with oppor24 tunities to achieve to challenging State academic
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1 content standards and student performance stand2 ards;

3 ‘‘(4) current technical assistance and dissemina4 tion efforts are insufficiently responsive to the needs

5 of States, local educational agencies, schools, and

6 tribes for help in identifying their particular needs

7 for technical assistance and developing and imple8 menting their own integrated systems for using the

9 various sources of funding for technical assistance

10 activities under this Act (as well as other Federal,

11 State, and local resources) to improve teaching and

12 learning and to implement more effectively the pro13 grams authorized by this Act; and

14 ‘‘(5) the Internet and other forms of advanced

15 telecommunications technology are an important

16 means of providing information and assistance in a

17 cost-effective way.

18 ‘‘PURPOSE

19 ‘‘SEC. 2402. The purpose of this part is to create a

20 comprehensive and cohesive, national system of technical

21 assistance and dissemination that is based on market prin22 ciples in responding to the demand for, and expanding the

23 supply of, high-quality technical assistance. Such a system

24 shall support States, local educational agencies, tribes,

25 schools, and other recipients of funds under this Act in
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1 implementing standards-based reform and improving stu2 dent performance through—

3 ‘‘(1) the provision of financial support and im4 partial, research-based information designed to as5 sist States and high-need local educational agencies

6 to develop and implement their own integrated sys7 tems of technical assistance and select high-quality

8 technical assistance activities and providers for use

9 in those systems;

10 ‘‘(2) the establishment of technical assistance

11 centers in areas that reflect identified national needs

12 in order to ensure the availability of strong technical

13 assistance in those areas;

14 ‘‘(3) the integration of all technical assistance

15 and information dissemination activities carried out

16 or supported by the Department of Education in

17 order to ensure comprehensive support for school

18 improvement;

19 ‘‘(4) the creation of a technology-based system,

20 for disseminating information about ways to improve

21 educational practices throughout the Nation, that re22 flects input from students, teachers, administrators,

23 and other individuals who participate in, or may be

24 affected by, the Nation’s educational system; and
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1 ‘‘(5) national evaluations of effective technical

2 assistance.

3 ‘‘Subpart 1—Strengthening the Capacity of State and

4 Local Educational Agencies To Become Effective,

5 Informed Consumers of Technical Assistance

6 ‘‘PURPOSE

7 ‘‘SEC. 2411. It is the purpose of this subpart to—

8 ‘‘(1) provide grants to State and local edu9 cational agencies in order to—

10 ‘‘(A) respond to the growing demand for

11 increased local decisionmaking in determining

12 technical assistance needs and appropriate tech13 nical assistance services;

14 ‘‘(B) encourage States and local edu15 cational agencies to assess their technical as16 sistance needs, and how their various sources of

17 funding for technical assistance under this Act

18 and from other sources can best be coordinated

19 to meet those needs (including their needs to

20 collect and analyze data);

21 ‘‘(C) build the capacity of State and local

22 educational agencies to use technical assistance

23 effectively and thereby improve their ability to

24 provide the opportunity for all children to

25 achieve to challenging State academic content
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1 standards and student performance standards;

2 and

3 ‘‘(D) assist State and local educational

4 agencies in acquiring high-quality technical as5 sistance; and

6 ‘‘(2) establish an independent source of con7 sumer information regarding the quality of technical

8 assistance activities and providers, in order to assist

9 State and local educational agencies, and other con10 sumers of technical assistance that receive funds

11 under this Act, in selecting technical assistance ac12 tivities and providers for their use.

13 ‘‘ALLOCATION OF FUNDS

14 ‘‘SEC. 2412. From the funds appropriated to carry

15 out this subpart for any fiscal year—

16 ‘‘(1) the Secretary shall first allocate one per17 cent of such funds to the Bureau of Indian Affairs

18 and the Outlying Areas, in accordance with their re19 spective needs for such funds (as determined by the

20 Secretary) to carry out activities that meet the pur21 poses of this subpart; and

22 ‘‘(2) from the remainder of such funds, the Sec23 retary shall—

24 ‘‘(A) allocate two-thirds of such remainder

25 to State educational agencies in accordance

26 with the formula described in section 2413; and
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1 ‘‘(B) allocate one-third of such remainder

2 to the 100 local educational agencies with the

3 largest number of children counted under sec4 tion 1124(c), in accordance with the formula

5 described in section 2416.

6 ‘‘FORMULA GRANTS TO STATE EDUCATIONAL AGENCIES

7 ‘‘SEC. 2413. (a) FORMULA.—Subject to subsection

8 (b), the Secretary shall allocate the funds under section

9 2412(2)(A) among the States in proportion to the relative

10 amounts each State would have received for Basic Grants

11 under subpart 2 of part A of title I of this Act for the

12 most recent fiscal year, if the Secretary had disregarded

13 the allocations under such subpart to local educational

14 agencies that are eligible to receive direct grants under

15 section 2416.

16 ‘‘(b) ADJUSTMENTS TO ALLOCATIONS.—The Sec17 retary shall adjust the allocations under subsection (a),

18 as necessary, to ensure that, of the total amount allocated

19 to States under subsection (a) and to local educational

20 agencies under section 2416, the percentage allocated to

21 a State under this section and to localities in the State

22 under section 2416 is at least the minimum percentage

23 for the State described in section 1124(d) for the previous

24 fiscal year.

25 ‘‘(c) REALLOCATIONS.—If the Secretary determines

26 that any amount of any State’s allocation under sub-
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1 section (a) (as adjusted, if necessary, under subsection

2 (b)) will not be required for such fiscal year for carrying

3 out the activities for which such amount has been allo4 cated, the Secretary shall make such amount available for

5 reallocation. Any such reallocation among other States

6 shall occur on such dates as the Secretary shall establish,

7 and shall be made on the basis of criteria established by

8 regulation. Any amount reallocated to a State under this

9 subsection for any fiscal year shall remain available for

10 obligation during the succeeding fiscal year, and shall be

11 deemed to be part of the State’s allocation for the year

12 in which the amount is obligated.

13 ‘‘STATE APPLICATION

14 ‘‘SEC. 2414. (a) APPLICATION REQUIREMENTS.—

15 Each State desiring a grant under this subpart shall sub16 mit an application to the Secretary at such time, in such

17 manner, and containing such information as the Secretary

18 may require. Each such application shall describe—

19 ‘‘(1) the State’s need for, and the capacity of

20 the State educational agency to provide, technical

21 assistance in implementing programs under this Act

22 (including assistance on the collection and analysis

23 of data) and in implementing the State plan or poli24 cies for comprehensive, standards-based education

25 reform;
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1 ‘‘(2) how the State will use the funds provided

2 under this subpart to coordinate all its sources of

3 funds for technical assistance, including all sources

4 of such funds under this Act, into an integrated sys5 tem of providing technical assistance to local edu6 cational agencies, and other local recipients of funds

7 under this Act, within the State and implement that

8 system;

9 ‘‘(3) the State educational agency’s plan for

10 using funds from all sources under this Act to build

11 its capacity, through the acquisition of outside tech12 nical assistance and other means, to provide tech13 nical assistance to local educational agencies and

14 other recipients within the State;

15 ‘‘(4) how, in carrying out technical assistance

16 activities using funds provided from all sources

17 under this Act, the State will—

18 ‘‘(A) assist local educational agencies and

19 schools in providing high-quality education to

20 all children served under this Act to achieve to

21 challenging academic standards;

22 ‘‘(B) give the highest priority to meeting

23 the needs of high-poverty, low-performing local

24 educational agencies (taking into consideration
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1 any assistance that such local educational agen2 cies may be receiving under section 2416); and

3 ‘‘(C) give special consideration to local

4 educational agencies and other recipients of

5 funds under this Act serving rural and isolated

6 areas.

7 ‘‘(b) APPROVAL.—The Secretary shall approve a

8 State’s application for funds under this subpart if it meets

9 the requirements of subsection (a) and is of sufficient

10 quality to meet the purposes of this subpart. In deter11 mining whether to approve a State’s application, the Sec12 retary shall take into consideration the advice of peer re13 viewers. The Secretary shall not disapprove any applica14 tion under this section without giving the State notice and

15 opportunity for a hearing.

16 ‘‘STATE USES OF FUNDS

17 ‘‘SEC. 2415. (a) IN GENERAL.—The State edu18 cational agency may use funds provided under this sub19 part to—

20 ‘‘(1) build its capacity (and the capacity of

21 other State agencies that implement programs under

22 this Act) to use technical assistance funds provided

23 under this Act effectively through the acquisition of

24 high-quality technical assistance, and the selection of

25 high-quality technical assistance activities and pro-
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1 viders, that meet the technical assistance needs iden2 tified by the State;

3 ‘‘(2) develop, coordinate, and implement an in4 tegrated system—

5 ‘‘(A) that provides technical assistance to

6 local educational agencies and other recipients

7 of funds under this Act within the State, di8 rectly, through contracts, or through subgrants

9 to local educational agencies, or other recipients

10 of funds under this Act, for activities that meet

11 the purposes of this subpart; and

12 ‘‘(B) that uses all sources of funds pro13 vided for technical assistance, including all

14 sources of such funds under this Act; and

15 ‘‘(3) acquire the technical assistance it needs to

16 increase opportunities for all children to achieve to

17 challenging State academic content standards and

18 student performance standards and to implement

19 the State’s plan or policies for comprehensive stand20 ards-based education reform.

21 ‘‘(b) TYPES OF TECHNICAL ASSISTANCE.—A State’s

22 integrated system of providing technical assistance may

23 include assistance on such activities as the following:

24 ‘‘(1) Implementing State standards in the class25 room, including aligning instruction, curriculum, as-
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1 sessments, and other aspects of school reform with

2 those standards.

3 ‘‘(2) Collecting, disaggregating, and using data

4 to analyze and improve the implementation, and in5 crease the impact, of educational programs.

6 ‘‘(3) Conducting needs assessments and plan7 ning intervention strategies that are aligned with

8 State goals and accountability systems.

9 ‘‘(4) Planning and implementing effective, re10 search-based reform strategies, including schoolwide

11 reforms, and strategies for making schools safe, dis12 ciplined, and drug-free.

13 ‘‘(5) Improving the quality of teaching and the

14 ability of teachers to serve students with special

15 needs (including educationally disadvantaged stu16 dents and students with limited English proficiency).

17 ‘‘(6) Planning and implementing strategies to

18 promote opportunities for all children to achieve to

19 challenging State academic content standards and

20 student performance standards.

21 ‘‘GRANTS TO LARGE LOCAL EDUCATIONAL AGENCIES

22 ‘‘SEC. 2416. (a) FORMULA.—The Secretary shall al23 locate the funds under section 2412(2)(B) among the local

24 educational agencies described therein in proportion to the

25 relative amounts allocated to each such local educational
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1 agency for Basic Grants under subpart 2 of part A of title

2 I of this Act for the most recent fiscal year.

3 ‘‘(b) REALLOCATIONS.—If the Secretary determines

4 that any amount of any local educational agency’s alloca5 tion under subsection (a) will not be required for such fis6 cal year for carrying out the activities for which such

7 amount has been allocated, the Secretary shall make such

8 amount available for reallocation. Any such reallocation

9 among other local educational agencies described in sec10 tion 2412(2)(B) shall occur on such dates as the Secretary

11 shall establish, and shall be made on the basis of criteria

12 established by regulation. Any amount reallocated to a

13 local educational agency under this subsection for any fis14 cal year shall remain available for obligation during the

15 succeeding fiscal year, and shall be deemed to be part of

16 the local educational agency’s allocation for the year in

17 which the amount is obligated.

18 ‘‘LOCAL APPLICATION

19 ‘‘SEC. 2417. (a) APPLICATION REQUIREMENTS.—

20 Each local educational agency described in section

21 2412(2)(B) that desires a grant under section 2416 shall

22 submit an application to the Secretary at such time, in

23 such manner, and containing such information as the Sec24 retary may require. Each such application shall describe—

25 ‘‘(1) the local educational agency’s need for

26 technical assistance in implementing programs under
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1 this Act (including assistance on the use and anal2 ysis of data) and in implementing the State’s, or its

3 own, plan or policies for comprehensive standards4 based education reform; and

5 ‘‘(2) how the local educational agency will use

6 the funds provided under this subpart to coordinate

7 all its various sources of funds for technical assist8 ance, including all sources of such funds under this

9 Act and from other sources, into an integrated sys10 tem for acquiring and using outside technical assist11 ance and other means of building its own capacity

12 to provide the opportunity for all children to achieve

13 to challenging State academic content standards and

14 student performance standards implementing pro15 grams under this Act, and implement that system.

16 ‘‘(b) APPROVAL.—The Secretary shall approve a local

17 educational agency’s application for funds under this sub18 part if it meets the requirements of subsection (a) and

19 is of sufficient quality to meet the purposes of this sub20 part. In determining whether to approve a local edu21 cational agency’s application, the Secretary shall take into

22 consideration the advice of peer reviewers. The Secretary

23 shall not disapprove any application under this section

24 without giving the local educational agency notice and op25 portunity for a hearing.
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1 ‘‘LOCAL USES OF FUNDS

2 ‘‘SEC. 2418. (a) IN GENERAL.—A local educational

3 agency described in section 2412(2)(B) may use funds

4 provided under section 2416 to—

5 ‘‘(1) build its capacity to use technical assist6 ance funds provided under this Act effectively

7 through the acquisition of high-quality technical as8 sistance and the selection of high-quality technical

9 assistance activities and providers that meet its tech10 nical assistance needs;

11 ‘‘(2) develop, coordinate, and implement an in12 tegrated system of providing technical assistance to

13 its schools using all sources of funds provided for

14 technical assistance, including all sources of such

15 funds under this Act; and

16 ‘‘(3) acquire the technical assistance it needs to

17 increase opportunities for all children to achieve to

18 challenging State academic content standards and

19 student performance standards and to implement

20 the State’s, or its own, plan or policies for com21 prehensive standards-based education reform.

22 ‘‘(b) TYPES OF TECHNICAL ASSISTANCE.—A local

23 educational agency may use funds provided under this

24 subpart for technical assistance activities such as those de25 scribed in section 2415(b).
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1 ‘‘EQUITABLE SERVICES FOR PRIVATE SCHOOLS

2 ‘‘SEC. 2419. (a) INFORMATION AND TRAINING.—If

3 a State or local educational agency uses funds under this

4 subpart to—

5 ‘‘(1) provide professional development for teach6 ers or school administrators, it shall provide for such

7 professional development for teachers or school ad8 ministrators in private schools located in the same

9 geographic area on an equitable basis; or

10 ‘‘(2) provide information about State edu11 cational goals, standards, or assessments, it shall,

12 upon request, provide such information to private

13 schools located in the same geographic area.

14 ‘‘(b) WAIVER.—If a State or local educational agency

15 is prohibited by law from complying with subsection

16 (a)(1), or the Secretary determines it has substantially

17 failed or is unwilling to comply with subsection (a)(1), the

18 Secretary shall waive subsection (a)(1) and arrange for

19 the provision of such professional development services for

20 such teachers or school administrators, consistent with ap21 plicable State goals and standards and section 11806 of

22 this Act.

23 ‘‘CONSUMER INFORMATION

24 ‘‘SEC. 2419A. (a) The Secretary shall, through one

25 or more contracts, establish an independent source of con26 sumer information regarding the quality and effectiveness
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1 of technical assistance activities and providers available to

2 States, local educational agencies, and other recipients of

3 funds under this Act, in selecting technical assistance ac4 tivities and providers for their use.

5 ‘‘(b) A contract under this section may be awarded

6 for a period of up to five years.

7 ‘‘(c) The Secretary may reserve, from the funds ap8 propriated to carry out this subpart for any fiscal year,

9 such sums as he determines necessary to carry out this

10 section.

11 ‘‘AUTHORIZATION OF APPROPRIATIONS

12 ‘‘SEC. 2419B. For purposes of carrying out this sub13 part, there are authorized to be appropriated such sums

14 as may be necessary for fiscal year 2001 and for each of

15 the four succeeding fiscal years.

16 ‘‘Subpart 2—Technical Assistance Centers Serving

17 Special Needs

18 ‘‘GENERAL PROVISIONS

19 ‘‘SEC. 2421. In addition to meeting the requirements

20 of a particular section of this subpart, all technical assist21 ance providers that receive funds under this subpart, all

22 consortia that receive funds under subpart 2 of part B

23 of title III, and the educational laboratories, and clearing24 houses of the Educational Resources Information Center,

25 supported under the Educational Research, Development,
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1 Dissemination, and Improvement Act (notwithstanding

2 any other provision of such title or Act), shall—

3 ‘‘(1) participate in a technical assistance net4 work with the Department and other federally sup5 ported technical assistance providers in order to co6 ordinate services and resources;

7 ‘‘(2) ensure that the services they provide—

8 ‘‘(A) are of high quality;

9 ‘‘(B) are cost-effective;

10 ‘‘(C) reflect the best information available

11 from research and practice, including findings

12 and applications such as those made available

13 through the Regional Educational Laboratories,

14 Research and Development Centers, National

15 Clearinghouses, and other federally supported

16 providers of technical assistance; and

17 ‘‘(D) are aligned with State and local edu18 cation reform efforts;

19 ‘‘(3) in collaboration with State educational

20 agencies in the States served, educational service

21 agencies (where appropriate), and representatives of

22 high-poverty, low-performing urban and rural local

23 educational agencies in each State served, develop a

24 targeted approach to providing technical assistance

25 that gives priority to providing intensive, ongoing
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1 services to high-poverty local educational agencies

2 and schools that are most in need of raising student

3 achievement (such as schools identified as in need of

4 improvement under section 1116(c));

5 ‘‘(4) cooperate with the Secretary in carrying

6 out activities (including technical assistance activi7 ties authorized by other programs under this Act)

8 such as publicly disseminating materials and infor9 mation that are produced by the Department and

10 are relevant to the purpose, expertise, and mission

11 of the technical assistance provider; and

12 ‘‘(5) use technology, including electronic dis13 semination networks and Internet-based resources,

14 in innovative ways to provide high-quality technical

15 assistance.

16 ‘‘CENTERS FOR TECHNICAL ASSISTANCE ON THE NEEDS

17 OF SPECIAL POPULATIONS

18 ‘‘SEC. 2422. (a) PROGRAM AUTHORITY.—

19 (1) IN GENERAL.—The Secretary is authorized

20 to award grants, contracts, or cooperative agree21 ments for each fiscal year to public or private non22 profit entities, or consortia of such entities, to pro23 vide for the operation of two technical assistance

24 centers to provide training and technical assistance

25 to State educational agencies, local educational

26 agencies, schools, tribes, community-based organiza-
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1 tions, and other recipients of funds under this Act

2 concerning—

3 ‘‘(A) how to address the specific linguistic,

4 cultural, or other needs of limited English pro5 ficient, migratory, Indian, and Alaska Native

6 students; and

7 ‘‘(B) educational strategies for enabling

8 those students to achieve to challenging State

9 academic content and performance standards.

10 ‘‘(2) SPECIAL EXPERTISE REQUIRED.—An enti11 ty may receive an award under this section only if

12 it demonstrates, to the satisfaction of the Secretary,

13 that it has expertise in the areas described in para14 graphs (1) (A) and (B).

15 ‘‘(b) DURATION OF AWARD.—Grants, contracts, or

16 cooperative agreements under this section shall be award17 ed for a period of up to 5 years.

18 ‘‘(c) CENTER REQUIREMENTS.—

19 (1) IN GENERAL.—In order to assist local edu20 cational agencies and schools to provide high-quality

21 education to the students described in subsection

22 (a)(1)(A), so that they can achieve to challenging

23 State academic content and performance standards,

24 each center established under this section shall—
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1 ‘‘(A) maintain appropriate staff expertise;

2 and

3 ‘‘(B) provide support, training, and assist4 ance to State educational agencies, tribes, local

5 educational agencies, schools, and other grant

6 recipients under this Act in meeting the needs

7 of the students described in subsection

8 (a)(1)(A), including the coordination of other

9 Federal programs and State and local pro10 grams, resources, and reforms.

11 ‘‘(2) PRIORITY.—Each center assisted under

12 this section shall give priority to providing services

13 to schools, including Bureau of Indian Affairs-fund14 ed schools, that educate the students described in

15 subsection (a)(1)(A) and have the highest percent16 ages or numbers of children in poverty and the low17 est student achievement levels.

18 ‘‘(d) ACCOUNTABILITY.—To ensure the quality and

19 effectiveness of the centers supported under this section,

20 the Secretary shall—

21 ‘‘(1) develop a set of performance indicators

22 that assesses whether the work of the centers assists

23 in improving teaching and learning under this Act

24 for students described in subsection (a)(1)(A);
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1 ‘‘(2) conduct surveys every two years of entities

2 to be served under this section to determine if such

3 entities are satisfied with the access to, and quality

4 of, such services;

5 ‘‘(3) collect, as part of the Department’s re6 views of programs under this Act, information about

7 the availability and quality of services provided by

8 the centers, and share that information with the cen9 ters; and

10 ‘‘(4) take whatever steps are reasonable and

11 necessary to ensure that each center performs its re12 sponsibilities in a satisfactory manner, which may

13 include—

14 ‘‘(A) termination of an award under this

15 part (if the Secretary concludes that perform16 ance has been unsatisfactory) and the selection

17 of a new center; and

18 ‘‘(B) whatever interim arrangements the

19 Secretary determines are necessary to ensure

20 the satisfactory delivery of services under this

21 section.

22 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—For

23 purposes of carrying out this section, there are authorized

24 to be appropriated such sums as may be necessary for fis-
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1 cal year 2001 and for each of the four succeeding fiscal

2 years.

3 ‘‘PARENTAL INFORMATION AND RESOURCE CENTERS

4 ‘‘SEC. 2423. (a) PROGRAM AUTHORITY.—

5 (1) IN GENERAL.—The Secretary is authorized

6 to award grants, contracts, or cooperative agree7 ments for each fiscal year to nonprofit organizations

8 that serve parents (particularly those organizations

9 that make substantial efforts to reach low-income,

10 minority, or limited English proficient parents) to

11 establish parental information and resource centers

12 that—

13 ‘‘(A) coordinate the efforts of Federal,

14 State, and local parent education and family in15 volvement initiatives; and

16 ‘‘(B) provide training, information, and

17 support to—

18 ‘‘(i)(I) State educational agencies;

19 ‘‘(II) local educational agencies, par20 ticularly local educational agencies with

21 high-poverty and low-performing schools;

22 and

23 ‘‘(III) schools, particularly high-pov24 erty and low-performing schools; and
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1 ‘‘(ii) organizations that support fam2 ily-school partnerships, such as parent

3 teacher organizations.

4 ‘‘(2) AWARD RULE.—In making awards under

5 this section, the Secretary shall, to the greatest ex6 tent possible, ensure that each State is served by at

7 least one recipient of such an award.

8 ‘‘(b) APPLICATIONS.—

9 (1) IN GENERAL.—Each nonprofit organization

10 that desires an award under this section shall sub11 mit an application to the Secretary at such time,

12 and in such manner, as the Secretary shall deter13 mine.

14 ‘‘(2) CONTENTS.—Each application submitted

15 under paragraph (1) shall, at a minimum, include—

16 ‘‘(A) a description of the applicant’s capac17 ity and expertise to implement a grant under

18 this section;

19 ‘‘(B) a description of how the applicant

20 would use its award to help State and local edu21 cational agencies, schools, and non-profit orga22 nizations in the State, particularly those mak23 ing substantial efforts to reach a large number

24 or percentage of low-income, minority, or lim25 ited English proficient children—
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1 ‘‘(i) identify barriers to parent or fam2 ily involvement in schools, and strategies to

3 overcome those barriers; and

4 ‘‘(ii) implement high-quality parent

5 education and family involvement pro6 grams that—

7 ‘‘(I) improve the capacity of par8 ents to participate more effectively in

9 the education of their children;

10 ‘‘(II) support the effective imple11 mentation of research-based instruc12 tional activities that support parents

13 and families in promoting early lan14 guage and literacy development; and

15 ‘‘(III) support schools in pro16 moting meaningful parent and family

17 involvement;

18 ‘‘(C) a description of the applicant’s plan

19 to disseminate information on high-quality par20 ent education and family involvement programs

21 to local educational agencies, schools, and non22 profit organizations that serve parents in the

23 State;

24 ‘‘(D) a description of how the applicant

25 would coordinate its activities with the activities
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1 of other Federal, State, and local parent edu2 cation and family involvement programs and

3 with national, State, and local organizations

4 that provide parents and families with training,

5 information, and support on how to help their

6 children prepare for success in school and

7 achieve to high academic standards;

8 ‘‘(E) a description of how the applicant

9 would use technology, particularly the Internet,

10 to disseminate information; and

11 ‘‘(F) a description of the applicant’s goals

12 for the center, as well as baseline indicators for

13 each of the goals, a timeline for achieving the

14 goals, and interim measures of success toward

15 achieving the goals.

16 ‘‘(c) MATCHING REQUIREMENTS.—The Federal

17 share of the cost of any center funded under this section

18 shall not exceed 75 percent. The non-Federal share of the

19 cost of a center may be provided in cash or in kind, fairly

20 evaluated.

21 ‘‘(d) USES OF FUNDS.—

22 (1) IN GENERAL.—Recipients of funds awarded

23 under this section shall use such funds to support

24 State and local educational agencies, schools, and

25 non-profit organizations in implementing programs
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1 that provide parents with training, information, and

2 support on how to help their children achieve to high

3 academic standards. Such activities may include:

4 ‘‘(A) Assistance in the implementation of

5 programs that support parents and families in

6 promoting early language and literacy develop7 ment and prepare children to enter school ready

8 to succeed in school.

9 ‘‘(B) Assistance in developing networks

10 and other strategies to support the use of re11 search-based, proven models of parent edu12 cation and family involvement, including the

13 ‘Parents as Teachers’ and ‘Home Instruction

14 Program for Preschool Youngsters’ programs,

15 to promote children’s development and learning.

16 ‘‘(C) Assistance in preparing parents to

17 communicate more effectively with teachers and

18 other professional educators and support staff,

19 and providing a means for on-going, meaningful

20 communication between parents and schools.

21 ‘‘(D) Assistance in developing and imple22 menting parent education and family involve23 ment programs that increase parental knowl24 edge about standards-based school reform.
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1 ‘‘(E) Disseminating information on pro2 grams, resources, and services available at the

3 national, State, and local levels that support

4 parent and family involvement in the education

5 of their school-age children.

6 ‘‘(2) TARGETED ACTIVITIES.—Each recipient of

7 funds under this section shall use at least 75 percent

8 of its award to support activities that serve areas

9 with large numbers or concentrations of low-income

10 families.

11 ‘‘(e) NATIONAL ACTIVITIES.—For any fiscal year, the

12 Secretary may reserve up to 5 percent of funds appro13 priated to carry out this section for that fiscal year to—

14 ‘‘(1) provide technical assistance to the centers

15 funded under this section; and

16 ‘‘(2) carry out evaluations of the program au17 thorized by this part.

18 ‘‘(f) DEFINITIONS.—For purposes of this section—

19 ‘‘(1) the term ‘parent education’ includes par20 ent support activities, the provision of resource ma21 terials on child development, parent-child learning

22 activities and child rearing issues, private and group

23 educational guidance, individual and group learning

24 experiences for the parent and child, and other ac-
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1 tivities that enable the parent to improve learning in

2 the home;

3 ‘‘(2) the term ‘Parents as Teachers program’

4 means a voluntary early childhood parent education

5 program that—

6 ‘‘(A) is designed to provide all parents of

7 children from birth through age 5 with the in8 formation and support such parents need to

9 give their child a solid foundation for school

10 success;

11 ‘‘(B) is based on the Missouri Parents as

12 Teachers model, with the philosophy that par13 ents are their child’s first and most influential

14 teachers;

15 ‘‘(C) provides—

16 ‘‘(i) regularly scheduled personal visits

17 with families by certified parent educators;

18 ‘‘(ii) regularly scheduled develop19 mental screenings; and

20 ‘‘(iii) linkage with other resources

21 within the community in order to provide

22 services that parents may want and need,

23 except that such services are beyond the

24 scope of the Parents as Teachers program;

25 and
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1 ‘‘(3) the term ‘Home Instruction for Preschool

2 Youngsters program’ means a voluntary early-learn3 ing program for parents with one or more children

4 between the ages of 3 through 5, that—

5 ‘‘(A) provides support, training, and appro6 priate educational materials necessary for par7 ents to implement a school-readiness, home in8 struction program for their child; and

9 ‘‘(B) includes—

10 ‘‘(i) group meetings with other par11 ents participating in the program;

12 ‘‘(ii) individual and group learning ex13 periences with the parent and child;

14 ‘‘(iii) provision of resource materials

15 on child development and parent-child

16 learning activities; and

17 ‘‘(iv) other activities that enable the

18 parent to improve learning in the home.

19 ‘‘(g) REPORTS.—Each recipient of funds under this

20 section shall annually submit a report to the Secretary,

21 on its activities under this section, in such form and con22 taining such information as the Secretary may reasonably

23 require. A report under this subsection shall include, at

24 a minimum—
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1 ‘‘(1) the number and types of activities sup2 ported by the recipient with funds received under

3 this section;

4 ‘‘(2) activities supported by the recipient that

5 served areas with high numbers or concentrations of

6 low-income families; and

7 ‘‘(3) the progress made by the recipient in

8 achieving the goals included in its application.

9 ‘‘(h) GENERAL PROVISIONS.—Notwithstanding any

10 other provision of this section—

11 ‘‘(1) no person, including a parent who edu12 cates a child at home, public school parent, or pri13 vate school parent, shall be required to participate in

14 any program of parent education or developmental

15 screening pursuant to the provisions of this section;

16 ‘‘(2) no program assisted under this section

17 shall take any action that infringes in any manner

18 on the right of a parent to direct the education of

19 their children; and

20 ‘‘(3) the provisions of section 444(c) of the

21 General Education Provisions Act shall apply to or22 ganizations that receive awards under this section.

23 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—For

24 purposes of carrying out this section, there are authorized

25 to be appropriated such sums as may be necessary for fis-
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1 cal year 2001 and for each of the four succeeding fiscal

2 years.

3 ‘‘EISENHOWER REGIONAL MATHEMATICS AND SCIENCE

4 EDUCATION CONSORTIA

5 ‘‘SEC. 2424. (a) PROGRAM AUTHORITY.—

6 ‘‘(1) IN GENERAL.—

7 ‘‘(A) GRANTS, CONTRACTS, OR COOPERA8 TIVE AGREEMENTS AUTHORIZED.—The Sec9 retary, in consultation with the Director of the

10 National Science Foundation, is authorized to

11 award grants, contracts, or cooperative agree12 ments to eligible entities to enable such entities

13 to establish and operate regional mathematics

14 and science education consortia for the purpose

15 of—

16 ‘‘(i) disseminating exemplary mathe17 matics and science education instructional

18 materials; and

19 ‘‘(ii) providing technical assistance for

20 the implementation of teaching methods

21 and assessment tools for use by elementary

22 and secondary school students, teachers,

23 and administrators.

24 ‘‘(B) NUMBER OF AWARDS.—The Sec25 retary, in accordance with the provisions of this

26 subsection, shall award at least one grant, con-
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1 tract, or cooperative agreement to an eligible

2 entity in each region.

3 ‘‘(C) SPECIAL RULE.—In any fiscal year, if

4 the amount made available pursuant to sub5 section (h) is less than $4,500,000, then the

6 Secretary may waive the provisions of subpara7 graph (B) and award grants, contracts, or co8 operative agreements of sufficient size, scope,

9 and quality to carry out this subsection.

10 ‘‘(D) DESIGNATION.—Each regional con11 sortium assisted under this subsection shall be

12 known as an ‘Eisenhower regional consortium’.

13 ‘‘(2) PERIOD OF AWARD AND REVIEW.—Grants,

14 contracts, or cooperative agreements under this sec15 tion shall be awarded for a period of not more than

16 five years and shall be reviewed before the end of the

17 30-month period beginning on the date the award is

18 made.

19 ‘‘(3) AWARD AMOUNT.—In making awards

20 under this section, the Secretary shall ensure that

21 there is a relatively equal distribution of the funds

22 made available among the regions, except that the

23 Secretary may award additional funds to a regional

24 consortium on the basis of population and geo25 graphical conditions of the region being served.
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1 ‘‘(b) USE OF FUNDS.—Funds provided under this

2 section may be used by a regional consortium, under the

3 direction of a regional board established under subsection

4 (d), to—

5 ‘‘(1) work cooperatively with the other regional

6 consortia, the Eisenhower National Clearinghouse

7 for Science and Mathematics Education established

8 under section 2142, and federally funded technical

9 assistance providers, to accomplish more effectively

10 the activities described in this subsection;

11 ‘‘(2) assist, train, and provide technical assist12 ance to classroom teachers, administrators, and

13 other educators to identify, implement, assess, or

14 adapt the instructional materials, teaching methods,

15 and assessment tools described in subsection

16 (a)(1)(A);

17 ‘‘(3) provide for the training of classroom

18 teachers to enable such teachers to instruct other

19 teachers, administrators, and educators in the class20 room use of the instructional materials, teaching

21 methods, and assessment tools described in sub22 section (a)(1)(A);

23 ‘‘(4) implement programs and activities de24 signed to meet the needs of groups that are under-
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1 represented in, and underserved by, mathematics

2 and science education;

3 ‘‘(5) collect data on activities assisted under

4 this section in order to evaluate the effectiveness of

5 the activities of the regional consortia;

6 ‘‘(6) identify exemplary teaching practices and

7 materials from within the region and communicate

8 such practices and materials to the Eisenhower Na9 tional Clearinghouse for Mathematics and Science

10 Education;

11 ‘‘(7) communicate, on a regular basis, with en12 tities within the region that are delivering services to

13 students and teachers of mathematics and science;

14 and

15 ‘‘(8) assist in the development and evaluation of

16 State and regional plans and activities that hold

17 promise of bringing about systemic reform in stu18 dent performance in mathematics and science.

19 ‘‘(c) APPLICATION.—Each eligible entity desiring a

20 grant or contract under this section shall submit an appli21 cation to the Secretary at such time, in such manner, and

22 accompanied by such additional information as the Sec23 retary may reasonably require. Each such application

24 shall—
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1 ‘‘(1) demonstrate that the eligible entity has ex2 pertise in the fields of mathematics and science edu3 cation;

4 ‘‘(2) demonstrate that the eligible entity will

5 implement and disseminate mathematics and science

6 education instructional materials, teaching methods,

7 and assessment tools through a consortium of the

8 region’s mathematics and science education organi9 zations and agencies;

10 ‘‘(3) demonstrate that the eligible entity will

11 carry out the functions of the regional consortium;

12 ‘‘(4) demonstrate that emphasis will be given to

13 programs and activities designed to meet the needs

14 of groups that are underrepresented in, and under15 served by, mathematics and science education;

16 ‘‘(5) demonstrate that the business community

17 in the region served by the regional consortium will

18 play an integral role in designing and supporting the

19 regional consortium’s work; and

20 ‘‘(6) assure that the eligible entity will conduct

21 its activities and supervise its personnel in a manner

22 that effectively ensures compliance with the copy23 right laws of the United States under title 17,

24 United States Code.

25 ‘‘(d) REGIONAL BOARDS.—
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1 (1) IN GENERAL.—Each eligible entity receiving

2 an award under this section shall establish a re3 gional board to oversee the administration and es4 tablishment of program priorities for the regional

5 consortium established by such eligible entity. Such

6 regional board shall be broadly representative of the

7 agencies and organizations participating in the re8 gional consortium.

9 ‘‘(2) PROHIBITION ON USE OF FEDERAL

10 FUNDS.—No Federal funds may be used for the es11 tablishment or operation of a regional board re12 quired by paragraph (1), except that at the discre13 tion of a regional board, Federal funds may be used

14 to provide assistance such as travel and accommoda15 tions for board members who could not otherwise af16 ford to participate as members of the board.

17 ‘‘(e) PAYMENTS; FEDERAL SHARE; NON-FEDERAL

18 SHARE.—

19 (1) PAYMENTS.—The Secretary shall pay to

20 each eligible entity having an application approved

21 under subsection (c) the Federal share of the cost of

22 the activities described in the application.

23 ‘‘(2) FEDERAL SHARE.—For the purpose of

24 paragraph (1), the Federal share shall be 80 per25 cent.
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1 ‘‘(3) NON-FEDERAL SHARE.—The non-Federal

2 share of the cost of activities described in the appli3 cation submitted under subsection (c) may be in

4 cash or in kind, fairly evaluated. At least 10 percent

5 of such non-Federal share shall be from sources

6 other than the Federal Government or State or local

7 government.

8 ‘‘(f) EVALUATION.—

9 (1) EVALUATION REQUIRED.—The Secretary,

10 through the Office of Educational Research and Im11 provement and in accordance with section 11911,

12 shall collect sufficient data on, and evaluate the ef13 fectiveness of, the activities of each regional consor14 tium.

15 ‘‘(2) ASSESSMENT.—The evaluations described

16 in paragraph (1) shall include an assessment of the

17 effectiveness of the regional consortium in meeting

18 the needs of the schools, teachers, administrators,

19 and students in the region.

20 ‘‘(3) REPORT.—At the end of each award, the

21 Secretary shall submit to the Congress a report on

22 the effectiveness of the programs conducted at each

23 regional consortium.

24 ‘‘(g) DEFINITIONS.—For purposes of this part:
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1 ‘‘(1) The term ‘eligible entity’ means an entity

2 that has demonstrated expertise in mathematics and

3 science education and is—

4 ‘‘(A) a private nonprofit organization;

5 ‘‘(B) an institution of higher education;

6 ‘‘(C) an elementary or secondary school;

7 ‘‘(D) a State or local educational agency;

8 ‘‘(E) a regional educational laboratory in

9 consortium with the research and development

10 center established under section 931(c)(1)(B)(i)

11 of the Educational Research, Development, Dis12 semination, and Improvement Act of 1994; or

13 ‘‘(F) any combination of the entities de14 scribed in subparagraphs (A) through (E).

15 ‘‘(2) The terms ‘mathematics’ and ‘science’ in16 clude the technology education associated with math17 ematics and science, respectively.

18 ‘‘(3) The term ‘region’ means a region of the

19 United States served by a regional education labora20 tory that is supported by the Secretary pursuant to

21 section 405(d)(4)(A)(i) of the General Education

22 Provisions Act (as such section was in existence on

23 the day preceding the date of enactment of the

24 Goals 2000: Educate America Act).
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1 ‘‘(4) The term ‘regional consortium’ means

2 each regional mathematics and science education

3 consortium established pursuant to subsection (a).

4 ‘‘(5) The term ‘State agency for higher edu5 cation’ means the State board of higher education or

6 other agency or officer primarily responsible for the

7 State supervision of higher education, or, if there is

8 no such officer or agency, an officer or agency des9 ignated for the purpose of carrying out this section

10 by the Governor or by State law.

11 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—For

12 purposes of carrying out this section, there are authorized

13 to be appropriated such sums as may be necessary for fis14 cal year 2001 and for each of the four succeeding fiscal

15 years.

16 ‘‘Subpart 3—Technology-Based Technical Assistance

17 Information Dissemination

18 ‘‘WEB-BASED AND OTHER INFORMATION DISSEMINATION

19 ‘‘SEC. 2431. (a) IN GENERAL.—(1)(A) With funds

20 appropriated under section 2432 for each fiscal year, the

21 Secretary is authorized to carry out a national system,

22 through the Worldwide Web and other advanced tele23 communications technologies, that supports interactive in24 formation sharing and dissemination about ways to im25 prove educational practices throughout the Nation.
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1 ‘‘(B) In designing and implementing the system

2 under this subsection, the Secretary shall create opportu3 nities for the continuing input of students, teachers, ad4 ministrators, and other individuals who participate in, or

5 may be affected by, the Nation’s educational system.

6 ‘‘(C) The Secretary may carry out the program au7 thorized by this subsection through the award of grants,

8 contracts, or cooperative agreements on a competitive

9 basis.

10 ‘‘(2) The system authorized by this subsection shall

11 include information on—

12 ‘‘(A) stimulating instructional materials that

13 are aligned with challenging content standards; and

14 ‘‘(B) successful and innovative practices in—

15 ‘‘(i) instruction;

16 ‘‘(ii) professional development;

17 ‘‘(iii) challenging academic content and

18 student performance standards;

19 ‘‘(iv) assessments;

20 ‘‘(v) effective school management; and

21 ‘‘(vi) such other areas as the Secretary de22 termines are appropriate.

23 ‘‘(3)(A) The Secretary may require the technical as24 sistance providers funded under this part, or under sub25 part 2 of part B of title III, or the educational laboratories
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1 and clearinghouses of the Educational Resources Informa2 tion Center supported under the Educational Research,

3 Development, Dissemination, and Improvement Act (not4 withstanding any other provision of such part, subpart,

5 or Act), to—

6 ‘‘(i) provide information (including information

7 on practices employed in the regions or States

8 served by the providers) for use in the system au9 thorized by this subsection;

10 ‘‘(ii) coordinate their activities in order to en11 sure a unified system of technical assistance; or

12 ‘‘(iii) otherwise participate in the system au13 thorized by this subsection.

14 ‘‘(B) The Secretary shall ensure that—

15 ‘‘(i) the dissemination activities authorized

16 under this subsection are integrated with, and do

17 not duplicate, the dissemination activities of the Of18 fice of Educational Research and Improvement; and

19 ‘‘(ii) the public has access, through the system

20 authorized by this subsection, to the latest research,

21 statistics, and other information supported by, or

22 available from, such Office.

23 ‘‘(b) ADDITIONAL ACTIVITIES.—The Secretary is au24 thorized to carry out additional activities, using advanced

25 telecommunications technologies where appropriate, to as-
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1 sist local educational agencies, State educational agencies,

2 tribes, and other recipients of funds under this Act in

3 meeting the requirements of the Government Performance

4 and Results Act of 1993. Such assistance may include in5 formation on measuring and benchmarking program per6 formance and student outcomes.

7 ‘‘AUTHORIZATION OF APPROPRIATIONS

8 ‘‘SEC. 2432. For purposes of carrying out this sub9 part, there are authorized to be appropriated such sums

10 as may be necessary for fiscal year 2001 and for each of

11 the four succeeding fiscal years.

12 ‘‘Subpart 4—National Evaluation Activities

13 ‘‘NATIONAL EVALUATION ACTIVITIES

14 ‘‘SEC. 2441. The Secretary shall conduct, directly or

15 through grants, contracts, or cooperative agreements, such

16 activities as the Secretary determines necessary to—

17 ‘‘(1) determine what constitutes effective tech18 nical assistance;

19 ‘‘(2) evaluate the effectiveness of the technical

20 assistance and dissemination programs authorized

21 by, or assisted under, this part and the educational

22 laboratories, and clearinghouses of the Educational

23 Resources Information Center, supported under the

24 Educational Research, Development, Dissemination,

25 and Improvement Act (notwithstanding any other

26 provision of such Act); and
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1 ‘‘(3) increase the effectiveness of such pro2 grams.’’.

3 TITLE III—TECHNOLOGY FOR EDUCATION

4 SHORT TITLE

5 SEC. 301. Section 3101 of the ESEA is amended by

6 striking out ‘‘of 1994’’.

7 FINDINGS

8 SEC. 302. Section 3111 of the ESEA is amended—

9 (1) by amending paragraph (1) to read as fol10 lows:

11 ‘‘(1) technology can—

12 ‘‘(A) support education improvement ef13 forts by expanding available resources and re14 shaping instruction, teaching, and learning en15 vironments; and

16 ‘‘(B) when used effectively and aligned

17 with challenging State academic content and

18 performance standards, support teacher capac19 ity to create classrooms where students develop

20 higher-order thinking and information tech21 nology skills;’’;

22 (2) by amending paragraph (3) to read as fol23 lows:

24 ‘‘(3) the Federal Government—
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1 ‘‘(A) has played an integral role in expand2 ing and improving access to technology as an

3 important tool for teaching and learning; and

4 ‘‘(B) can continue to serve as a catalyst in

5 bringing effective uses for education technology

6 to the classroom by providing support for—

7 ‘‘(i) access to technology;

8 ‘‘(ii) the development of educational

9 software and web-based learning resources;

10 and

11 ‘‘(iii) sustained and intensive, high12 quality professional development that is

13 aligned with challenging State academic

14 content and performance standards;’’;

15 (3) by amending paragraph (5) to read as fol16 lows:

17 ‘‘(5) a 1996 Department of Commerce study

18 found that, by the year 2000, 60 percent of all jobs

19 will require computer-related skills, and other stud20 ies show that women and some minorities are under21 represented in the information technology workforce;

22 (4) by striking out paragraph (7);

23 (5) in paragraph (8), by striking out ‘‘acquisi24 tion and maintenance’’ and inserting in lieu thereof

25 ‘‘acquisition, maintenance, and ongoing support’’;
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1 (6) by striking out paragraphs (9) and (11);

2 (7) in paragraph (12), by adding ‘‘and’’ at the

3 end thereof;

4 (8) by striking out paragraph (13);

5 (9) by amending paragraph (14) to read as fol6 lows:

7 ‘‘(14) the rapidly changing nature of tech8 nology, among other factors, requires the Depart9 ment to maintain a leadership role in developing a

10 national vision and strategies for bringing effective

11 technology applications and practices to all class12 rooms and all educational programs through such

13 activities as—

14 ‘‘(A) developing and carrying out a strat15 egy for an ongoing evaluation of existing and

16 anticipated future uses of educational tech17 nology to better inform the Federal role in sup18 porting the use of educational technology, stim19 ulate reform and innovation in teaching and

20 learning with technology, and further the devel21 opment of advanced technology;

22 ‘‘(B) evaluating and assessing technology

23 programs;

24 ‘‘(C) disseminating information;
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1 ‘‘(D) coordinating with public and private

2 partnerships; and

3 ‘‘(E) convening expert panels to identify

4 effective uses of educational technology;’’;

5 (10) by striking out paragraph (15);

6 (11) by redesignating paragraphs (2), (3), (4),

7 (5), (6), (8), (10), (12), and (14) as paragraphs (4),

8 (5), (9), (10), (15), (16), (17), (18), and (19), re9 spectively;

10 (12) by inserting immediately after paragraph

11 (1) the following new paragraphs:

12 ‘‘(2) the cost of processing, storing, and trans13 mitting information continues to plummet, making

14 new advances in computer and telecommunications

15 technology more available to schools;

16 ‘‘(3) by providing students with a rapidly ex17 panding educational resource base, and a unique

18 means of developing content knowledge, improve19 ments in software and other technology applications

20 (such as high-quality video, voice recognition, mod21 eling and simulation, and intelligent tutoring and

22 virtual reality tools), have increased student oppor23 tunities for meaningful exploration and discovery;’’;
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1 (13) by inserting immediately after paragraph

2 (5) (as redesignated by paragraph (11)) the fol3 lowing new paragraphs:

4 ‘‘(6) poor children are less likely than their

5 wealthier peers to have access to a computer at

6 home, and to attend a school in which teachers use

7 technology to develop technical and higher-order

8 thinking skills;

9 ‘‘(7) public schools have made significant

10 progress toward meeting the goal of connecting

11 every school to the Internet, with the percentage of

12 schools that are connected to the Internet increasing

13 from 35 percent in 1994 to 89 percent in 1998 and

14 nearly doubling between 1997 and 1998, but a gap

15 continues to exist between wealthy and poor schools

16 in the extent to which classrooms are connected to

17 the Internet and the manner in which technology is

18 used to support instruction;

19 ‘‘(8) the E-Rate and other Federal education

20 technology initiatives are significantly increasing the

21 number of classrooms connected to the Internet and

22 providing affordable access to advanced tele23 communications;’’; and
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1 (14) by inserting immediately after paragraph

2 (10) (as redesignated by paragraph (11)) the fol3 lowing new paragraphs:

4 ‘‘(11) because girls of all ethnicities consistently

5 rate themselves significantly lower than boys on

6 computer ability, and are less likely to experiment

7 with technology and enroll in advanced computer

8 science courses, the Federal Government should en9 courage States, local educational agencies, and

10 teachers to consider the needs of girls and women to

11 obtain technical proficiency, so that they can com12 pete in an increasingly technological society;

13 ‘‘(12) the Federal Government should support

14 efforts to ensure the accessibility of all educational

15 technology, not just assistive technology, to students

16 with disabilities through strategies such as universal

17 design;

18 ‘‘(13) although 25 States have some require19 ment for computer education for teacher licensure,

20 only two States require teacher candidates to show

21 that they can use technology, and only three States

22 require participation in technology training, as a

23 prerequisite for license renewal;

24 ‘‘(14) according to a 1998 National Center for

25 Education Statistics survey, only 20 percent of full-
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1 time K–12 teachers feel fully prepared to integrate

2 technology into classroom instruction;’’.

3 STATEMENT OF PURPOSE

4 SEC. 303. Section 3112 of the ESEA is amended to

5 read as follows:

6 ‘‘STATEMENT OF PURPOSE

7 ‘‘SEC. 3112. To help all students to develop technical

8 and higher-order thinking skills and to achieve to chal9 lenging State academic content and performance stand10 ards, as well as America’s Education Goals, it is the pur11 pose of this title to—

12 ‘‘(1) help provide all classrooms with access to

13 educational technology through support for the ac14 quisition of advanced multimedia computers, Inter15 net connections, and other technologies;

16 ‘‘(2) help ensure access to, and effective use of,

17 educational technology in all classrooms through the

18 provision of sustained and intensive, high-quality

19 professional development that improves teachers’ ca20 pability to integrate educational technology effec21 tively into their classrooms by actively engaging stu22 dents and teachers in the use of technology;

23 ‘‘(3) help improve the capability of teachers to

24 design and construct new learning experiences using

25 technology, and actively engage students in that de26 sign and construction;
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1 ‘‘(4) support efforts by State educational agen2 cies and local educational agencies to create learning

3 environments designed to prepare students to

4 achieve to challenging State academic content and

5 performance standards through the use of research6 based teaching practices and advanced technologies;

7 ‘‘(5) support technical assistance to State edu8 cational agencies, local educational agencies, and

9 communities to help them use technology-based re10 sources and information systems to support school

11 reform and meet the needs of students and teachers;

12 ‘‘(6) support the development of applications

13 that make use of such technologies as advanced tele14 communications, hand-held devices, web-based learn15 ing resources, distance learning networks, and mod16 eling and simulation software;

17 ‘‘(7) support Federal partnerships with business

18 and industry to realize more rapidly the potential of

19 digital communications to expand the scope of, and

20 opportunities for, learning;

21 ‘‘(8) support evaluation and research on the ef22 fective use of technology in preparing all students to

23 achieve to challenging State academic content and

24 performance standards, and the impact of tech25 nology on teaching and learning;
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1 ‘‘(9) provide national leadership to stimulate

2 and coordinate public and private efforts, at the na3 tional, State, and local levels, that support the devel4 opment and integration of advanced technologies

5 and applications to improve school planning and

6 classroom instruction;

7 ‘‘(10) support the development, or redesign, of

8 teacher preparation programs to enable prospective

9 teachers to integrate the use of technology in teach10 ing and learning;

11 ‘‘(11) increase the capacity of State and local

12 educational agencies to improve student achieve13 ment, particularly that of students in high-poverty,

14 low-performing schools;

15 ‘‘(12) promote the formation of partnerships

16 and consortia to stimulate the development of, and

17 new uses for, technology in teaching and learning;

18 ‘‘(13) support the creation or expansion of com19 munity technology centers that will provide dis20 advantaged residents of economically distressed

21 urban and rural communities with access to infor22 mation technology and related training; and

23 ‘‘(14) help to ensure that technology is acces24 sible to, and usable by, all students, particularly stu-
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1 dents with disabilities or limited English pro2 ficiency.’’.

3 PROHIBITION AGAINST SUPPLANTING

4 SEC. 304. (a) Section 3113 of the ESEA is repealed.

5 (b) Title III of the ESEA is further amended by in6 serting immediately after section 3112 the following new

7 section:

8 ‘‘SUPPLEMENT, NOT SUPPLANT

9 ‘‘SEC. 3113. A recipient of funds awarded under this

10 title shall use such funds only to supplement the amount

11 of funds or resources that would, in the absence of such

12 Federal funds, be made available from non-Federal

13 sources for the purposes of the programs authorized under

14 this title, and not to supplant such non-Federal funds or

15 resources.’’.

16 PART A—FEDERAL LEADERSHIP AND NATIONAL

17 ACTIVITIES

18 STRUCTURE OF PART

19 SEC. 311. Part A of title III of the ESEA is

20 amended—

21 (1) by striking out the part heading and des22 ignation thereof;

23 (2) by striking out the subpart headings and

24 designations for subparts 1, 2, and 3 thereof;

25 (3) by repealing subpart 4; and
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1 (4) by inserting immediately before section

2 3121 the following new part designation and head3 ing:

4 ‘‘PART A—FEDERAL LEADERSHIP AND NATIONAL

5 ACTIVITIES’’.

6 NATIONAL LONG-RANGE TECHNOLOGY PLAN

7 SEC. 312. Section 3121 of the ESEA is amended—

8 (1) by amending subsection (a) to read as fol9 lows:

10 ‘‘(a) IN GENERAL.—Not later than one year after the

11 date of enactment of the Educational Excellence for All

12 Children Act of 1999, the Secretary shall update the na13 tional long-range educational technology plan and broadly

14 disseminate the updated plan.’’; and

15 (2) in subsection (c)—

16 (A) in the matter preceding paragraph (1),

17 by inserting ‘‘updated’’ immediately before ‘‘na18 tional’’;

19 (B) in paragraph (7)—

20 (i) by striking out ‘‘section 3123’’ and

21 inserting in lieu thereof ‘‘section 3101’’;

22 and

23 (ii) by striking out ‘‘and’’ at the end

24 thereof;
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1 (C) in paragraph (8), by striking out the

2 period at the end thereof and inserting in lieu

3 thereof a semicolon and ‘‘and’’;

4 (D) by redesignating paragraphs (7) and

5 (8) as paragraphs (9) and (10), respectively;

6 (E) by inserting immediately after para7 graph (6) the following new paragraphs:

8 ‘‘(7) how the Secretary will promote the full in9 tegration of technology into learning, including the

10 creation of new instructional opportunities through

11 access to challenging courses and information that

12 would otherwise not have been available, and inde13 pendent learning opportunities for students through

14 technology;

15 ‘‘(8) how the Secretary will encourage the cre16 ation of opportunities for teachers to develop,

17 through the use of technology, their own networks

18 and resources for sustained and intensive, high-qual19 ity professional development;’’; and

20 (F) by inserting immediately after para21 graph (10) (as redesignated by subparagraph

22 (D)) the following new paragraph:

23 ‘‘(11) how the Secretary will encourage the

24 commercial development of effective, high-quality,
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1 cost-competitive educational technology and soft2 ware.’’.

3 FEDERAL LEADERSHIP

4 SEC. 313. Section 3122 of the ESEA is amended—

5 (1) in subsection (a), by striking out ‘‘United

6 States National Commission on Libraries and Infor7 mation Sciences,’’ and inserting in lieu thereof

8 ‘‘White House Office of Science and Technology Pol9 icy,’’;

10 (2) in subsection (b)(1), by striking out ‘‘in ac11 cordance with’’ through the end thereof and insert12 ing in lieu thereof a period; and

13 (3) in subsection (c)—

14 (A) by striking out paragraph (4) and in15 serting in lieu thereof the following new para16 graph:

17 ‘‘(4) the development of a national repository of

18 information on the effective uses of educational tech19 nology, including its use for sustained and intensive,

20 high-quality professional development, and the dis21 semination of that information nationwide;’’; and

22 (B) in paragraph (7), by striking out ‘‘ex23 isting technology’’ and inserting in lieu thereof

24 ‘‘technology and innovative tools’’.
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1 REPEAL; REDESIGNATIONS; AUTHORIZATION OF

2 APPROPRIATIONS

3 SEC. 314. (a) Sections 3114, 3115, and 3123 of the

4 ESEA are repealed.

5 (b) Title III of the ESEA is further amended—

6 (1) by redesignating sections 3101, 3111, 3112,

7 3113, 3121, and 3122 as sections 3001, 3002, 3003,

8 3004, 3102, and 3103, respectively; and

9 (2) by inserting immediately before section

10 3102 (as redesignated by paragraph (1)) the fol11 lowing new section:

12 ‘‘NATIONAL EVALUATION OF EDUCATION TECHNOLOGY

13 ‘‘SEC. 3101. (a) NATIONAL EVALUATION.—

14 ‘‘(1) IN GENERAL.—In order to better inform

15 the Federal role in supporting the use of educational

16 technology, in stimulating reform and innovation in

17 teaching and learning with technology, and in ad18 vancing the development of more advanced and new

19 types and applications of such technology, the Sec20 retary shall—

21 ‘‘(A) develop, within 12 months of the date

22 of enactment of the Educational Excellence for

23 All Children Act of 1999, a strategy for an on24 going evaluation of existing and anticipated fu25 ture uses of educational technology; and

26 ‘‘(B) carry out such an evaluation.
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1 ‘‘(2) ACTIVITIES AUTHORIZED.—From the

2 funds reserved under subsection (b), the Secretary

3 may—

4 ‘‘(A) conduct long-term controlled studies

5 on the effectiveness of the uses of educational

6 technology;

7 ‘‘(B) convene panels of experts to—

8 ‘‘(i) identify uses of educational tech9 nology that hold the greatest promise for

10 improving teaching and learning;

11 ‘‘(ii) assist the Secretary with the re12 view and assessment of the progress and

13 effectiveness of projects that are funded

14 under this title; and

15 ‘‘(iii) identify barriers to the commer16 cial development of effective, high-quality,

17 cost-competitive educational technology

18 and software;

19 ‘‘(C) conduct evaluations and applied re20 search studies that examine—

21 ‘‘(i) how students learn using edu22 cational technology, whether singly or in

23 groups, and across age groups, student

24 populations (including students with spe25 cial needs, such as students with limited
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1 English proficiency and students with dis2 abilities) and settings; and

3 ‘‘(ii) the characteristics of classrooms

4 and other educational settings that use

5 educational technology effectively;

6 ‘‘(D) collaborate with other Federal agen7 cies that support research on, and evaluation

8 of, the use of network technology in educational

9 settings; and

10 ‘‘(E) carry out such other activities as the

11 Secretary determines appropriate.

12 ‘‘(b) AVAILABILITY OF TITLE III FUNDS FOR EVAL13 UATION.—Notwithstanding any other provision of this

14 title, the Secretary may use up to 4 percent of the funds

15 appropriated to carry out this title for any fiscal year to

16 carry out the activities described in subsection (a) for that

17 fiscal year.’’; and

18 (3) by inserting immediately after section 3103

19 (as redesignated by paragraph (1)) the following

20 new section:

21 ‘‘AUTHORIZATION OF APPROPRIATIONS

22 ‘‘SEC. 3104. For purposes of carrying out this part,

23 there are authorized to be appropriated such sums as may

24 be necessary for fiscal year 2001 and for each of the four

25 succeeding fiscal years.’’.
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1 PART B—SPECIAL PROJECTS

2 REPEALS; REDESIGNATIONS; NEW PART

3 SEC. 321. (a) Parts B and E of title III of the ESEA

4 are repealed.

5 (b) Parts C and D of title III of the ESEA are redes6 ignated as subparts 2 and 3 of part B of title III of the

7 ESEA, respectively.

8 (c) Sections 3301, 3302, 3303, 3304, 3305, 3306,

9 3307, 3308, 3401, 3402, and 3403 of the ESEA are re10 designated as sections 3221, 3222, 3223, 3224, 3225,

11 3226, 3227, 3228, 3231, 3232, and 3233, respectively.

12 (d) Title III of the ESEA is further amended by in13 serting immediately after section 3104 (as added by sec14 tion 314(b)(3) of the bill) the following new part heading

15 and designation, and the following new subpart:

16 ‘‘PART B—SPECIAL PROJECTS

17 ‘‘Subpart 1—Next-Generation Technology Innovation

18 Awards

19 ‘‘PURPOSE; PROGRAM AUTHORITY

20 ‘‘SEC. 3211. (a) PURPOSE.—It is the purpose of this

21 subpart to—

22 ‘‘(1) expand the knowledge base about the use

23 of the next generation of advanced computers and

24 telecommunications in delivering new applications

25 for teaching and learning;
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1 ‘‘(2) address questions of national significance

2 about the next generation of technology and its use

3 to improve teaching and learning; and

4 ‘‘(3) develop, for wide-scale adoption by State

5 educational agencies and local educational agencies,

6 models of innovative and effective applications of

7 technology to teaching and learning, such as high

8 quality video, voice recognition devices, modeling and

9 simulation software (particularly web-based software

10 and intelligent tutoring), hand-held devices, and vir11 tual reality and wireless technologies, that are

12 aligned with challenging State academic content and

13 student performance standards.

14 ‘‘(b) PROGRAM AUTHORITY.—

15 (1) IN GENERAL.—The Secretary is authorized,

16 through the Office of Educational Technology, to

17 award grants, contracts, or cooperative agreements

18 on a competitive basis to eligible applicants in order

19 to carry out the purposes of this subpart.

20 ‘‘(2) PERIOD OF AWARD.—The Secretary may

21 award grants, contracts, or cooperative agreements

22 under this subpart for a period of not more than five

23 years.

24 ‘‘ELIGIBILITY

25 ‘‘SEC. 3212. (a) ELIGIBLE APPLICANTS.—In order to

26 receive an award under this subpart, an applicant shall,
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1 subject to subsection (c)(1), be a consortium that

2 includes—

3 ‘‘(1) at least one State educational agency or

4 local educational agency; and

5 ‘‘(2) at least one institution of higher education,

6 for-profit business, museum, library, or other public

7 or private entity with a particular expertise that

8 would assist in carrying out the purposes of this

9 subpart.

10 ‘‘(b) APPLICATION REQUIREMENTS.—In order to re11 ceive an award under this subpart, an eligible applicant

12 shall submit an application to the Secretary at such time,

13 and containing such information, as the Secretary may re14 quire. Such application shall include—

15 ‘‘(1) a description of the proposed project, and

16 how it would carry out the purposes of this subpart;

17 and

18 ‘‘(2) a detailed plan for the independent evalua19 tion of the project, which shall include benchmarks

20 to monitor progress toward specific project objec21 tives.

22 ‘‘(c) PRIORITIES.—In making awards under this sub23 part, the Secretary may establish one or more priorities

24 consistent with the objectives of this subpart, including:
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1 ‘‘(1) A priority for applicants, the members of

2 which are one or more of the particular types de3 scribed in subsection (a)(2).

4 ‘‘(2) A priority for projects that develop innova5 tive models of effective use of educational tech6 nology, including the development of distance learn7 ing networks, software (including software deliver8 able through the Internet), and online-learning re9 sources.

10 ‘‘(3) A priority for projects serving more than

11 one State and involving large-scale innovations in

12 the use of technology in education.

13 ‘‘(4) A priority for projects that develop innova14 tive models that serve traditionally underserved pop15 ulations, including low-income students, students

16 with disabilities, and students with limited English

17 proficiency.

18 ‘‘(5) A priority for projects in which applicants

19 provide substantial financial and other resources to

20 achieve the goals of the project.

21 ‘‘(6) A priority for projects that develop innova22 tive models for using electronic networks to provide

23 challenging courses, such as Advanced Placement

24 courses.
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1 ‘‘USES OF FUNDS

2 ‘‘SEC. 3213. A recipient shall use funds awarded

3 under this subpart to—

4 ‘‘(1) develop new applications of educational

5 technologies and telecommunications to support

6 school reform efforts, such as wireless and web7 based telecommunications, hand-held devices, web8 based learning resources, distributed learning envi9 ronments (including distance learning networks),

10 and the development of educational software and

11 other applications; and

12 ‘‘(2) carry out other activities consistent with

13 the purposes of this subpart, such as—

14 ‘‘(A) developing innovative models for im15 proving teachers’ ability to integrate technology

16 effectively into course curriculum, through sus17 tained and intensive, high-quality professional

18 development;

19 ‘‘(B) developing high-quality, standards20 based, digital content, including multimedia

21 software, digital video, and web-based re22 sources, such as—

23 ‘‘(i) new technological formats to fa24 cilitate deeper subject matter under25 standing in particularly challenging learn-
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1 ing environments in areas such as physics,

2 foreign language, or Advanced Placement

3 courses;

4 ‘‘(ii) computer modeling, visualization,

5 and simulation tools;

6 ‘‘(iii) new methods for assessing stu7 dent performance;

8 ‘‘(iv) web-based and other distance

9 learning curricula and related materials,

10 such as interoperable software components;

11 ‘‘(v) learning-focused digital libraries,

12 information retrieval systems, and other

13 designs for supporting broad re-use of

14 learning content; and

15 ‘‘(vi) software that supports the devel16 opment, modification, and maintenance of

17 educational materials;

18 ‘‘(C) using telecommunications, and other

19 technologies, to make programs accessible to

20 students with special needs (such as low-income

21 students, students with disabilities, students in

22 remote areas, and students with limited English

23 proficiency) through such activities as using

24 technology to support mentoring;
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1 ‘‘(D) providing classroom and extra2 curricular opportunities for female students to

3 explore the different uses of technology;

4 ‘‘(E) promoting school-family partnerships,

5 which may include services for adults and fami6 lies, particularly parent education programs

7 that provide parents with training, information,

8 and support on how to help their children

9 achieve to high academic standards;

10 ‘‘(F) acquiring connectivity linkages, re11 sources, distance learning networks, and serv12 ices, including hardware and software, as need13 ed to accomplish the goals of the project; and

14 ‘‘(G) collaborating with other Department

15 of Education and Federal information tech16 nology research and development programs.

17 ‘‘EVALUATION

18 ‘‘SEC. 3214. The Secretary is authorized to—

19 ‘‘(1) develop tools and provide resources for re20 cipients of funds under this subpart to evaluate their

21 activities;

22 ‘‘(2) provide technical assistance to assist re23 cipients of funds under this subpart in evaluating

24 their projects;

25 ‘‘(3) conduct independent evaluations of the ac26 tivities assisted under this subpart; and
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1 ‘‘(4) disseminate findings and methodologies

2 from evaluations of activities assisted under this

3 subpart, or other information obtained from such

4 projects that would promote the design, replication,

5 or implementation of effective models for evaluating

6 the impact of educational technology on teaching

7 and learning.

8 ‘‘AUTHORIZATION OF APPROPRIATIONS

9 ‘‘SEC. 3215. For purposes of carrying out this sub10 part, there are authorized to be appropriated such sums

11 as may be necessary for fiscal year 2001 and for each of

12 the four succeeding fiscal years.’’.

13 READY-TO-LEARN DIGITAL TELEVISION

14 SEC. 322. (a) Subpart 2 of part C of title III of the

15 ESEA (as redesignated by section 321(b) of the bill) is

16 further amended, in the heading thereof, by inserting

17 ‘‘Digital’’ immediately before ‘‘Television’’.

18 (b) Section 3221(a) of the ESEA (as redesignated

19 by section 321(c) of the bill) is amended by striking out

20 ‘‘section 3302(b)’’ and ‘‘the National Education Goals.’’

21 and inserting in lieu thereof ‘‘section 3222(b)’’ and

22 ‘‘America’s Education Goals.’’, respectively.

23 (c) Section 3222(a)(2) of the ESEA (as redesignated

24 by section 321(c) of the bill) is amended by striking out

25 ‘‘and those funded under the Star Schools Act’’.
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1 (d) Section 3223(2) of the ESEA (as redesignated

2 by section 321(c) of the bill) is amended by striking out

3 ‘‘part’’ each place it appears and inserting in lieu thereof

4 ‘‘subpart’’ in each such place.

5 (e) Section 3224 of the ESEA (as redesignated by

6 section 321(c) of the bill) is amended by striking out ‘‘sec7 tion 3301 or 3303’’ and inserting in lieu thereof ‘‘section

8 3221 or 3223’’.

9 (f) Section 3225 of the ESEA (as redesignated by

10 section 321(c) of the bill) is amended—

11 (1) in subsection (a), by striking out ‘‘section

12 3201’’ and inserting in lieu thereof ‘‘section 3221’’;

13 and

14 (2) in subsection (b)—

15 (A) in paragraph (1), by striking out ‘‘sec16 tion 3302(a); and’’ and inserting in lieu thereof

17 ‘‘section 3222(a); and’’; and

18 (B) in paragraph (2), by striking out ‘‘sec19 tion 3303(3),’’ and inserting in lieu thereof

20 ‘‘section 3223(3),’’.

21 (g) Section 3226 of the ESEA (as redesignated by

22 section 321(c) of the bill) is amended by striking out ‘‘sec23 tion 3302,’’ and inserting in lieu thereof ‘‘section 3222,’’.

24 (h) Section 3228 of the ESEA (as redesignated by

25 section 321(c) of the bill) is amended—
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1 (1) in subsection (a), by striking out ‘‘part,

2 $30,000,000 for fiscal year 1995, and such sums as

3 may be necessary’’ and ‘‘section 3302.’’ and insert4 ing in lieu thereof ‘‘subpart, such sums as may be

5 necessary for fiscal year 2001 and’’ and ‘‘section

6 3222’’, respectively; and

7 (2) in subsection (b), by striking out ‘‘section

8 3303(1)(C).’’ and inserting in lieu thereof ‘‘section

9 3223(1)(C).’’.

10 TELECOMMUNICATIONS PROGRAM FOR PROFESSIONAL

11 DEVELOPMENT IN THE CORE CONTENT AREAS

12 SEC. 323. (a) Subpart 3 of part B of title III of the

13 ESEA (as redesignated by section 321(b) of the bill) is

14 further amended by amending the subpart heading to read

15 as follows: ‘‘Telecommunications Program for Professional

16 Development in the Core Content Areas’’.

17 (b) Section 3231 of the ESEA (as redesignated by

18 section 321(c) of the bill) is amended to read as follows:

19 ‘‘PURPOSE; PROGRAM AUTHORITY

20 ‘‘SEC. 3231. (a) PURPOSE.—It is the purpose of this

21 subpart to assist elementary and secondary school teach22 ers in preparing all students to achieve to challenging

23 State academic content and performance standards

24 through a national telecommunications-based program to

25 improve teaching in core content areas.
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1 ‘‘(b) PROGRAM AUTHORITY.—From funds appro2 priated to carry out this subpart, the Secretary may make

3 grants to nonprofit telecommunications entities, or part4 nerships of such entities, to carry out the purposes of this

5 subpart.’’.

6 (c) Section 3232 of the ESEA (as redesignated by

7 section 321(c) of the bill) is amended—

8 (1) in subsection (a)—

9 (A) in the matter preceding paragraph (1),

10 by striking out ‘‘part’’ and inserting in lieu

11 thereof ‘‘subpart’’;

12 (B) in paragraph (1), by striking out ‘‘ex13 isting publicly funded telecommunications infra14 structure to deliver video, voice and data’’ and

15 inserting in lieu thereof ‘‘public broadcasting

16 infrastructure, digital libraries, and emerging

17 school networks to deliver video and web-based

18 resources’’; and

19 (C) in paragraph (2), by striking out

20 ‘‘State or local’’ through the end thereof and in21 serting in lieu thereof ‘‘national, State, or local

22 nonprofit public communications entities, insti23 tutions of higher education, museums, libraries,

24 and national education professional associations
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1 that have developed content standards in the

2 core content areas;’’; and

3 (2) in subsection (b)—

4 (A) in the heading thereof, by striking out

5 ‘‘DEMONSTRATION’’ and inserting in lieu there6 of ‘‘PROJECT’’; and

7 (B) by striking out ‘‘assure that the dem8 onstration project authorized by this part is’’

9 and inserting in lieu thereof ‘‘ensure that the

10 projects carried out under this subpart are’’.

11 (d) Section 3233 of the ESEA (as redesignated by

12 section 321(c) of the bill) is amended by striking out

13 ‘‘part, $5,000,000 for the fiscal year 1995, and such sums

14 as may be necessary’’ and inserting in lieu thereof ‘‘sub15 part, such sums as may be necessary for fiscal year 2001

16 and’’.

17 COMMUNITY TECHNOLOGY CENTERS

18 SEC. 324. Part B of Title III of the ESEA (as

19 amended by section 321 of the bill) is further amended

20 by adding immediately at the end thereof the following

21 new subpart:

22 ‘‘Subpart 4—Community Technology Centers

23 ‘‘PURPOSE; PROGRAM AUTHORITY

24 ‘‘SEC. 3241. (a) PURPOSE.—It is the purpose of this

25 subpart to assist eligible applicants to—
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1 ‘‘(1) create or expand community technology

2 centers that will provide disadvantaged residents of

3 economically distressed urban and rural communities

4 with access to information technology and related

5 training; and

6 ‘‘(2) provide technical assistance and support to

7 community technology centers.

8 ‘‘(b) PROGRAM AUTHORITY.—

9 ‘‘(1) IN GENERAL.—The Secretary is author10 ized, through the Office of Educational Technology,

11 to award grants, contracts, or cooperative agree12 ments on a competitive basis to eligible applicants in

13 order to assist them in—

14 ‘‘(A) creating or expanding community

15 technology centers; or

16 ‘‘(B) providing technical assistance and

17 support to community technology centers.

18 ‘‘(2) PERIOD OF AWARD.—The Secretary may

19 award grants, contracts, or cooperative agreements

20 under this subpart for a period of not more than

21 three years.

22 ‘‘ELIGIBILITY AND APPLICATION REQUIREMENTS

23 ‘‘SEC. 3242. (a) ELIGIBLE APPLICANTS.—In order to

24 be eligible to receive an award under this subpart, an ap25 plicant shall—
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1 ‘‘(1) have the capacity to expand significantly

2 access to computers and related services for dis3 advantaged residents of economically distressed

4 urban and rural communities (who would otherwise

5 be denied such access); and

6 ‘‘(2) be—

7 ‘‘(A) an entity such as a foundation, mu8 seum, library, for-profit business, public or pri9 vate nonprofit organization, or community10 based organization;

11 ‘‘(B) an institution of higher education;

12 ‘‘(C) a State educational agency;

13 ‘‘(D) a local education agency; or

14 ‘‘(E) a consortium of entities described in

15 subparagraphs (A), (B), (C), or (D).

16 ‘‘(b) APPLICATION REQUIREMENTS.—In order to re17 ceive an award under this subpart, an eligible applicant

18 shall submit an application to the Secretary at such time,

19 and containing such information, as the Secretary may re20 quire. Such application shall include—

21 ‘‘(1) a description of the proposed project, in22 cluding a description of the magnitude of the need

23 for the services and how the project would expand

24 access to information technology and related services
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1 to disadvantaged residents of an economically dis2 tressed urban or rural community;

3 ‘‘(2) a demonstration of—

4 ‘‘(A) the commitment, including the finan5 cial commitment, of entities such as institu6 tions, organizations, business and other groups

7 in the community that will provide support for

8 the creation, expansion, and continuation of the

9 proposed project; and

10 ‘‘(B) the extent to which the proposed

11 project establishes linkages with other appro12 priate agencies, efforts, and organizations pro13 viding services to disadvantaged residents of an

14 economically distressed urban or rural commu15 nity;

16 ‘‘(3) a description of how the proposed project

17 would be sustained once the Federal funds awarded

18 under this subpart end; and

19 ‘‘(4) a plan for the evaluation of the program,

20 which shall include benchmarks to monitor progress

21 toward specific project objectives.

22 ‘‘(c) MATCHING REQUIREMENTS.—The Federal

23 share of the cost of any project funded under this subpart

24 shall not exceed 50 percent. The non-Federal share of
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1 such project may be in cash or in kind, fairly evaluated,

2 including services.

3 ‘‘USES OF FUNDS

4 ‘‘SEC. 3243. (a) REQUIRED USES.—A recipient shall

5 use funds under this subpart for—

6 ‘‘(1) creating or expanding community tech7 nology centers that expand access to information

8 technology and related training for disadvantaged

9 residents of distressed urban or rural communities;

10 and

11 ‘‘(2) evaluating the effectiveness of the project.

12 ‘‘(b) PERMISSIBLE USES.—A recipient may use funds

13 under this subpart for activities, described in its applica14 tion, that carry out the purposes of this subpart, such

15 as—

16 ‘‘(1) supporting a center coordinator, and staff,

17 to supervise instruction and build community part18 nerships;

19 ‘‘(2) acquiring equipment, networking capabili20 ties, and infrastructure to carry out the project; and

21 ‘‘(3) developing and providing services and ac22 tivities for community residents that provide access

23 to computers, information technology, and the use of

24 such technology in support of pre-school preparation,

25 academic achievement, lifelong learning, and work26 force development, such as the following:
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1 ‘‘(A) After-school activities in which chil2 dren and youths use software that provides aca3 demic enrichment and assistance with home4 work, develop their technical skills, explore the

5 Internet, and participate in multimedia activi6 ties, including web page design and creation.

7 ‘‘(B) Adult education and family literacy

8 activities through technology and the Internet,

9 including—

10 ‘‘(i) General Education Development,

11 English as a Second Language, and adult

12 basic education classes or programs;

13 ‘‘(ii) introduction to computers;

14 ‘‘(iii) intergenerational activities; and

15 ‘‘(iv) lifelong learning opportunities.

16 ‘‘(C) Career development and job prepara17 tion activities, such as—

18 ‘‘(i) training in basic and advanced

19 computer skills;

20 ‘‘(ii) resume writing workshops; and

21 ‘‘(iii) access to databases of employ22 ment opportunities, career information,

23 and other online materials.

24 ‘‘(D) Small business activities, such as—
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1 ‘‘(i) computer-based training for basic

2 entrepreneurial skills and electronic com3 merce; and

4 ‘‘(ii) access to information on business

5 start-up programs that is available online,

6 or from other sources.

7 ‘‘(E) Activities that provide home access to

8 computers and technology, such as assistance

9 and services to promote the acquisition, instal10 lation, and use of information technology in the

11 home through low-cost solutions such as

12 networked computers, web-based television de13 vices, and other technology.

14 ‘‘AUTHORIZATION OF APPROPRIATIONS

15 ‘‘SEC. 3244. For purposes of carrying out this sub16 part, there are authorized to be appropriated such sums

17 as may be necessary for fiscal year 2001 and for each of

18 the four succeeding fiscal years.’’.

19 PART C—PREPARING TOMORROW’S TEACHERS TO USE

20 TECHNOLOGY

21 NEW PART

22 SEC. 331. Title III of the ESEA is further amended

23 by adding immediately after subpart 4 of part B of such

24 title (as added by section 324 of the bill) the following

25 new part:
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1 ‘‘PART C—PREPARING TOMORROW’S TEACHERS TO USE

2 TECHNOLOGY

3 ‘‘PURPOSE; PROGRAM AUTHORITY

4 ‘‘SEC. 3301. (a) PURPOSE.—It is the purpose of this

5 part to assist consortia of public and private entities in

6 carrying out programs that prepare prospective teachers

7 to use advanced technology to foster learning environ8 ments conducive to preparing all students to achieve to

9 challenging State and local content and student perform10 ance standards.

11 ‘‘(b) PROGRAM AUTHORITY.—

12 ‘‘(1) IN GENERAL.—The Secretary is author13 ized, through the Office of Educational Technology,

14 to award grants, contracts, or cooperative agree15 ments on a competitive basis to eligible applicants in

16 order to assist them in developing or redesigning

17 teacher preparation programs to enable prospective

18 teachers to use technology effectively in their class19 rooms.

20 ‘‘(2) PERIOD OF AWARD.—The Secretary may

21 award grants, contracts, or cooperative agreements

22 under this part for a period of not more than five

23 years.
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1 ‘‘ELIGIBILITY

2 ‘‘SEC. 3302. (a) ELIGIBLE APPLICANTS.—In order to

3 receive an award under this part, an applicant shall be

4 a consortium that includes—

5 ‘‘(1) at least one institution of higher education

6 that offers a baccalaureate degree and prepares

7 teachers for their initial entry into teaching;

8 ‘‘(2) at least one State educational agency or

9 local educational agency; and

10 ‘‘(3) one or more of the following entities:

11 ‘‘(A) An institution of higher education

12 (other than the institution described in para13 graph (1)).

14 ‘‘(B) A school or department of education

15 at an institution of higher education.

16 ‘‘(C) A school or college of arts and

17 sciences at an institution of higher education.

18 ‘‘(D) A private elementary or secondary

19 school.

20 ‘‘(E) A professional association, founda21 tion, museum, library, for-profit business, pub22 lic or private nonprofit organization, commu23 nity-based organization, or other entity with the

24 capacity to contribute to the technology-related

25 reform of teacher preparation programs.
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1 ‘‘(b) APPLICATION REQUIREMENTS.—In order to re2 ceive an award under this part, an eligible applicant shall

3 submit an application to the Secretary at such time, and

4 containing such information, as the Secretary may re5 quire. Such application shall include—

6 ‘‘(1) a description of the proposed project, in7 cluding how the project would ensure that individ8 uals participating in the project would be prepared

9 to use technology to create learning environments

10 conducive to preparing all students to achieve to

11 challenging State and local content and student per12 formance standards;

13 ‘‘(2) a demonstration of—

14 ‘‘(A) the commitment, including the finan15 cial commitment, of each of the members of the

16 consortium; and

17 ‘‘(B) the active support of the leadership of

18 each member of the consortium for the pro19 posed project;

20 ‘‘(3) a description of how each member of the

21 consortium would be included in project activities;

22 ‘‘(4) a description of how the proposed project

23 would be continued once the Federal funds awarded

24 under this part end; and
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1 ‘‘(5) a plan for the evaluation of the program,

2 which shall include benchmarks to monitor progress

3 toward specific project objectives.

4 ‘‘(c) MATCHING REQUIREMENTS.—

5 ‘‘(1) IN GENERAL.—The Federal share of the

6 cost of any project funded under this part shall not

7 exceed 50 percent. Except as provided in paragraph

8 (2), the non-Federal share of such project may be in

9 cash or in kind, fairly evaluated, including services.

10 ‘‘(2) ACQUISITION OF EQUIPMENT.—Not more

11 than 10 percent of the funds awarded for a project

12 under this part may be used to acquire equipment,

13 networking capabilities or infrastructure, and the

14 non-Federal share of the cost of any such acquisition

15 shall be in cash.

16 ‘‘USES OF FUNDS

17 ‘‘SEC. 3303. (a) REQUIRED USES.—A recipient shall

18 use funds under this part for—

19 ‘‘(1) creating programs that enable prospective

20 teachers to use advanced technology to create learn21 ing environments conducive to preparing all students

22 to achieve to challenging State and local content and

23 student performance standards; and

24 ‘‘(2) evaluating the effectiveness of the project.
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1 ‘‘(b) PERMISSIBLE USES.—A recipient may use funds

2 under this part for activities, described in its application,

3 that carry out the purposes of this part, such as—

4 ‘‘(1) developing and implementing high-quality

5 teacher preparation programs that enable educators

6 to—

7 ‘‘(A) learn the full range of resources that

8 can be accessed through the use of technology;

9 ‘‘(B) integrate a variety of technologies

10 into the classroom in order to expand students’

11 knowledge;

12 ‘‘(C) evaluate educational technologies and

13 their potential for use in instruction; and

14 ‘‘(D) help students develop their own tech15 nical skills and digital learning environments;

16 ‘‘(2) developing alternative teacher development

17 paths that provide elementary and secondary schools

18 with well-prepared, technology-proficient educators;

19 ‘‘(3) developing performance-based standards

20 and aligned assessments to measure the capacity of

21 prospective teachers to use technology effectively in

22 their classrooms;

23 ‘‘(4) providing technical assistance to other

24 teacher preparation programs;
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1 ‘‘(5) developing and disseminating resources

2 and information in order to assist institutions of

3 higher education to prepare teachers to use tech4 nology effectively in their classrooms; and

5 ‘‘(6) subject to section 3302(c)(2), acquiring

6 equipment, networking capabilities, and infrastruc7 ture to carry out the project.

8 ‘‘AUTHORIZATION OF APPROPRIATIONS

9 ‘‘SEC. 3304. For purposes of carrying out this part,

10 there are authorized to be appropriated such sums as may

11 be necessary for fiscal year 2001 and for each of the four

12 succeeding fiscal years.’’.

13 PART D—REGIONAL, STATE, AND LOCAL EDUCATIONAL

14 TECHNOLOGY RESOURCES

15 NEW PART

16 SEC. 341. Title III of the ESEA is further amended

17 by inserting at the end thereof the following new part

18 heading, subpart heading, and section:

19 ‘‘PART D—REGIONAL, STATE, AND LOCAL

20 EDUCATIONAL TECHNOLOGY RESOURCES

21 ‘‘Subpart 1—Technology Literacy Challenge Fund

22 ‘‘PURPOSE

23 ‘‘SEC. 3411. It is the purpose of this subpart to in24 crease the capacity of State and local educational agencies

25 to improve student achievement, particularly that of stu-
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1 dents in high-poverty, low-performing schools, by sup2 porting State and local efforts that—

3 ‘‘(1) make effective use of new technologies and

4 technology applications, networks, and electronic

5 learning resources;

6 ‘‘(2) utilize research-based teaching practices

7 that are linked to advanced technologies; and

8 ‘‘(3) promote sustained and intensive, high9 quality professional development that increases

10 teacher capacity to create improved learning environ11 ments through the integration of educational tech12 nology into instruction.’’.

13 ALLOTMENT AND REALLOTMENT

14 SEC. 342. Section 3131(a)(2) of the ESEA is

15 amended—

16 (1) by inserting ‘‘(including, for purposes of

17 this subpart, the Bureau of Indian Affairs)’’ imme18 diately after ‘‘State educational agency’’; and

19 (2) by striking out the period at the end thereof

20 and inserting a comma and ‘‘except that such min21 imum shall apply to the aggregate of grants received

22 under this subpart by the outlying areas for a fiscal

23 year.’’.

24 TECHNOLOGY LITERACY CHALLENGE FUND

25 SEC. 343. Section 3132 of the ESEA is amended—
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1 (1) by amending the heading thereof to read as

2 follows:

3 ‘‘TECHNOLOGY LITERACY CHALLENGE FUND’’;

4 (2) by amending subsection (a)(2) to read as

5 follows:

6 ‘‘(2) USE OF GRANTS.—(A) Each State edu7 cational agency that receives a grant under para8 graph (1) shall use—

9 ‘‘(i) not less than 95 percent of the grant

10 funds received to award, on a competitive basis,

11 subgrants to eligible local applicants, as defined

12 in section 3417, for use in creating new learn13 ing environments designed to prepare all stu14 dents, including students with disabilities or

15 limited English proficiency, to achieve to chal16 lenging State academic content and perform17 ance standards through the use of research18 based teaching practices and advanced tech19 nologies; and

20 ‘‘(ii) subject to subparagraph (C), the re21 mainder of the grant funds for administrative

22 costs and technical assistance.

23 ‘‘(B) In awarding subgrants under subpara24 graph (A)(i), a State educational agency shall give

25 priority to an eligible local applicant that is a part-
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1 nership that meets the requirements of section

2 3417(1)(B).

3 ‘‘(C) From the funds described in subparagraph

4 (A)(i), a State educational agency may use not more

5 than 2 percent of the grant funds received by that

6 agency under this subpart to provide planning sub7 grants to eligible local applicants in order to assist

8 them to develop strategic long-term local technology

9 plans that shall be included in the application for a

10 subgrant under section 3416(1).’’; and

11 (3) by amending subsection (b)(2) to read as

12 follows:

13 ‘‘(2) provide eligible local applicants with assist14 ance in—

15 ‘‘(A) developing applications under section

16 3416;

17 ‘‘(B) forming partnerships among the enti18 ties described in section 3417(1)(B); and

19 ‘‘(C) establishing performance indicators

20 and methods for measuring program outcomes

21 against the indicators.’’.

22 STATE APPLICATION

23 SEC. 344. Section 3133 of the ESEA is amended to

24 read as follows:
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1 ‘‘STATE APPLICATION

2 ‘‘SEC. 3133. To receive funds under this subpart, a

3 State educational agency shall submit an application to

4 the Secretary at such time, in such manner, and accom5 panied by such information as the Secretary may reason6 ably require. As part of its application, a State educational

7 agency shall submit a new or updated statewide edu8 cational technology plan. The plan submitted shall dem9 onstrate how it will be coordinated with and support the

10 State plan or policies for comprehensive standards-based

11 education reform, and shall describe—

12 ‘‘(1) how the State educational agency will meet

13 the national technology goals that—

14 ‘‘(A) all teachers in the Nation will have

15 the training and support they need to help stu16 dents learn using computers and the informa17 tion superhighway;

18 ‘‘(B) all teachers and students will have

19 modern multimedia computers in their class20 rooms;

21 ‘‘(C) every classroom will be connected to

22 the information superhighway; and

23 ‘‘(D) effective software and online learning

24 resources will be an integral part of every

25 school’s curriculum;
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1 ‘‘(2) the State educational agency’s long-term

2 strategies for financing educational technology in the

3 State, including how the State educational agency

4 will use other sources of Federal and non-Federal

5 funds, including the E-Rate, for this purpose;

6 ‘‘(3) the State educational agency’s criteria for

7 identifying, for purposes of section 3317(1)(A), a

8 local educational agency as high-poverty, serving at

9 least one low-performing school, and having a sub10 stantial need for technology, and how the State edu11 cational agency will report to the public the criteria

12 to be used and the outcome of the competition;

13 ‘‘(4) the State educational agency’s specific

14 goals for using advanced technology to improve stu15 dent achievement to challenging State academic con16 tent and performance standards by—

17 ‘‘(A) using web-based resources and tele18 communications networks to provide challenging

19 content and improve classroom instruction;

20 ‘‘(B) using research-based teaching prac21 tices and models of effective uses of advanced

22 technology; and

23 ‘‘(C) promoting sustained and intensive,

24 high-quality professional development that in25 creases teacher capacity to create improved
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1 learning environments through the integration

2 of technology into instruction;

3 ‘‘(5) the State educational agency’s perform4 ance indicators for each of the goals described in

5 paragraphs (1), (2), and (4) and included in its

6 plan, baseline performance data for the indicators, a

7 timeline for achieving the goals, and interim meas8 ures of success toward achieving the goals;

9 ‘‘(6) how the State educational agency will en10 sure that grants to eligible local applicants are of

11 sufficient size, scope, and quality to meet the pur12 poses of this subpart effectively;

13 ‘‘(7) how the State educational agency will pro14 vide technical assistance to eligible local applicants,

15 and its capacity for providing such assistance;

16 ‘‘(8) how the State educational agency will en17 sure that educational technology is accessible to, and

18 usable by, all students, including students with spe19 cial needs, such as students who have disabilities or

20 limited English proficiency; and

21 ‘‘(9) how the State educational agency will

22 evaluate its activities under the plan.’’.

23 LOCAL USES OF FUNDS

24 SEC. 345. Section 3134 of the ESEA is amended to

25 read as follows:
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1 ‘‘LOCAL USES OF FUNDS

2 ‘‘SEC. 3134. Each eligible local applicant shall use

3 the funds made available under section 3413(a)(2)(i) for

4 one or more of the following activities:

5 ‘‘(1) Adapting or expanding existing and new

6 applications of technology to enable teachers to cre7 ate learning environments designed to prepare stu8 dents to achieve to challenging State academic con9 tent and student performance standards through the

10 use of research-based teaching practices and ad11 vanced technologies.

12 ‘‘(2) Providing sustained and intensive, high13 quality professional development in the integration

14 of advanced technologies into curriculum and in

15 using those technologies to create new learning envi16 ronments, including training in the use of technology

17 to access data and resources to develop curricula

18 and instructional materials.

19 ‘‘(3) Enabling teachers to use the Internet to

20 communicate with other teachers and retrieve web21 based learning resources.

22 ‘‘(4) Using technology to collect, manage, and

23 analyze data to inform school improvement efforts.

24 ‘‘(5) Acquiring wireless telecommunications,

25 hand-held devices, modeling or simulation tools, dis-
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1 tance learning networks, and other advanced tech2 nologies with classroom applications.

3 ‘‘(6) Acquiring wiring and access to advanced

4 telecommunications.

5 ‘‘(7) Using web-based learning resources, in6 cluding those that provide access to challenging

7 courses such as Advanced Placement courses.

8 ‘‘(8) Assisting schools to use technology to pro9 mote parent and family involvement, and support

10 communications between family and school.’’.

11 LOCAL APPLICATIONS

12 SEC. 346. Section 3135 of the ESEA is amended—

13 (1) in the matter preceding paragraph (1)—

14 (A) by inserting the subsection designation

15 and heading ‘‘(a) IN GENERAL.—’’ immediately

16 after the section heading; and

17 (B) by striking out ‘‘local educational

18 agency’’ and ‘‘section 3132(a)(2)’’ and inserting

19 in lieu thereof ‘‘eligible local applicant’’ and

20 ‘‘section 3413(a)(2)’’, respectively;

21 (2) in paragraph (1)—

22 (A) by amending subparagraph (A) to read

23 as follows:

24 ‘‘(A) a description of how the applicant

25 plans to improve the achievement of all stu26 dents by—
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1 ‘‘(i) making effective use of new tech2 nologies, networks, and electronic learning

3 resources;

4 ‘‘(ii) using research-based teaching

5 practices that are linked to advanced tech6 nologies; and

7 ‘‘(iii) promoting sustained and inten8 sive, high-quality professional development

9 that increases the capacity of teachers to

10 create improved learning environments

11 through the integration of educational

12 technology into instruction.’’;

13 (B) by striking out subparagraph (B);

14 (C) by amending subparagraphs (C), (D),

15 and (E) to read as follows:

16 ‘‘(C) a description of the applicant’s goals

17 regarding the use of educational technology to

18 meet the purposes of this subpart, as well as

19 the applicant’s baseline data, timelines, bench20 marks, and indicators of success for meeting

21 these goals;

22 ‘‘(D) a description of how the applicant

23 will ensure sustained and intensive, high-quality

24 professional development for teachers, adminis-
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1 trators, and other educational personnel to fur2 ther the use of technology in the classroom;

3 ‘‘(E) a description of the administrative

4 and technical support that the applicant will

5 provide schools;’’;

6 (D) in subparagraph (G), by striking out

7 ‘‘and’’ at the end thereof;

8 (E) by amending subparagraph (H) to

9 read as follows:

10 ‘‘(H) a description of the applicant’s strat11 egy for financing its strategic, long-term local

12 technology plan, including the use of other Fed13 eral and non-Federal funds;’—

14 (F) by redesignating subparagraphs (D),

15 (E), (F), (G), and (H) as subparagraphs (E),

16 (F), (G), (H), and (I), respectively;

17 (G) by adding at the end thereof the fol18 lowing new subparagraphs:

19 ‘‘(J) a description of how the applicant will

20 use advanced technology to promote commu21 nication between teachers for activities such

22 as—

23 ‘‘(i) sharing examples of student

24 work;
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1 ‘‘(ii) developing instructional strate2 gies;

3 ‘‘(iii) developing curricula aligned with

4 State or local standards;

5 ‘‘(iv) using data to improve teaching

6 and learning; and

7 ‘‘(K) a description of how the applicant

8 would use technology to improve the teaching

9 and learning of students with special needs,

10 such as students with disabilities or limited

11 English proficiency.’’.

12 (3) by amending paragraph (2) to read as fol13 lows:

14 ‘‘(2) describe how the applicant included par15 ents, public libraries, business leaders, and commu16 nity leaders in the development of the strategic long17 term local technology plan described in paragraph

18 (1);’’;

19 (4) in paragraph (3), by striking out ‘‘and’’ at

20 the end thereof;

21 (5) in paragraph (4)(B), by striking out ‘‘Na22 tional Education Goals’’ and inserting in lieu thereof

23 ‘‘America’s Education Goals’’;

24 (6) by redesignating paragraph (4) as para25 graph (8);
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1 (7) by inserting immediately after paragraph

2 (3) the following new paragraphs:

3 ‘‘(4) describe how the applicant would use

4 subgrant funds to benefit low-performing schools;

5 ‘‘(5) describe how the applicant will ensure that

6 technology is accessible to, and usable by, all stu7 dents, particularly students with disabilities or lim8 ited English proficiency;

9 ‘‘(6) include an assurance that, before any

10 funds received under this part are used for acquiring

11 wiring or access to advanced telecommunications,

12 the applicant will use all resources available to it

13 through the E–Rate;

14 ‘‘(7) if the applicant is a partnership, describe

15 the members of the partnership, their respective

16 roles, and their respective contributions to improving

17 the capacity of the local educational agency; and’’;

18 (8) by striking out subsection (d);

19 (9) in subsection (e), by striking out ‘‘local edu20 cational agency’’ and ‘‘under this Act or the Goals

21 2000: Educate America Act,’’ and inserting in lieu

22 thereof ‘‘eligible local applicant’’ and ‘‘under this

23 Act,’’, respectively; and

24 (10) by redesignating subsection (e) as sub25 section (b).
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1 REPEALS; CONFORMING CHANGES; REDESIGNATIONS

2 SEC. 347. (a) Sections 3136 and 3137 of the ESEA

3 are repealed.

4 (b)(1) Section 3131(a) of the ESEA is amended—

5 (A) in paragraph (1), by striking out ‘‘section

6 3114(a)(1)(C)’’ and inserting in lieu thereof ‘‘section

7 3418’’; and

8 (B) in paragraph (2), by striking out ‘‘section

9 3115(a)(1)(C)’’ and inserting in lieu thereof ‘‘section

10 3418’’; and

11 (2) Section 3132 of the ESEA is amended—

12 (A) in subsection (a)(1), by striking out ‘‘sec13 tion 3131,’’ and ‘‘section 3133.’’ and inserting in

14 lieu thereof ‘‘section 3412,’’ and ‘‘section 3414.’’, re15 spectively; and

16 (B) in subsection (b)(1)(B), by striking out

17 ‘‘section 3133;’’ and inserting in lieu thereof ‘‘sec18 tion 3414;’’.

19 (c) Sections 3131, 3132, 3133, 3134, and 3135 of

20 the ESEA are redesignated as sections 3412, 3413, 3414,

21 3415, and 3416, respectively.

22 DEFINITIONS; AUTHORIZATION OF APPROPRIATIONS

23 SEC. 348. Title III of the ESEA is further amended

24 by adding immediately after section 3416 (as redesignated

25 by section 347(c) of the bill) the following new sections:
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1 ‘‘DEFINITIONS

2 ‘‘SEC. 3417. For purposes of this subpart—

3 ‘‘(1) ‘eligible local applicant’ means—

4 ‘‘(A) a local educational agency that, as

5 determined by the State educational agency,—

6 ‘‘(i) is among the local educational

7 agencies in the State with the highest

8 numbers or percentages of children from

9 households living in poverty;

10 ‘‘(ii) includes one or more low-per11 forming schools; and

12 ‘‘(iii) has a substantial need for as13 sistance in acquiring and using technology;

14 or

15 ‘‘(B) a partnership that includes at least

16 one local educational agency that meets the re17 quirements of subparagraph (A) and at least

18 one—

19 ‘‘(i) local educational agency that can

20 demonstrate that teachers in schools

21 served by that agency are using technology

22 effectively in their classrooms;

23 ‘‘(ii) institution of higher education;

24 ‘‘(iii) for-profit organization that de25 velops, designs, manufactures, or produces
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1 technology products or services, or has

2 substantial expertise in the application of

3 technology; or

4 ‘‘(iv) public or private non-profit orga5 nization with demonstrated experience in

6 the application of educational technology;

7 and

8 ‘‘(2) ‘low-performing school’ means a school—

9 ‘‘(A) identified by the local educational

10 agency for school improvement under section

11 1116(c) of this Act; or

12 ‘‘(B) in which a substantial majority of

13 students fail to meet State performance stand14 ards based on State or local assessments that

15 are aligned to the performance standards.

16 ‘‘AUTHORIZATION OF APPROPRIATIONS

17 ‘‘SEC. 3418. For purposes of carrying out this sub18 part, there are authorized to be appropriated such sums

19 as may be necessary for fiscal year 2001 and for each of

20 the four succeeding fiscal years.’’.

21 REGIONAL TECHNOLOGY IN EDUCATION CONSORTIA

22 SEC. 349. (a) Title III of the ESEA is further

23 amended by inserting immediately after section 3418 (as

24 added by section 348 of the bill) the following new subpart

25 designation and heading: ‘‘Subpart 2—Regional Tech26 nology in Education Consortia’’.
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1 (b) Section 3141 of the ESEA is amended—

2 (1) in subsection (a)—

3 (A) by amending the heading thereof to

4 read as follows: ‘‘GRANTS, CONTRACTS, AND

5 COOPERATIVE AGREEMENTS AUTHORIZED.—’’;

6 (B) by amending paragraph (1) to read as

7 follows:

8 ‘‘(1) AUTHORITY.—The Secretary, through the

9 Office of Educational Technology, shall make grants,

10 or enter into contracts or cooperative agreements, in

11 accordance with the provisions of this subpart, to

12 consortia that meet the requirements of paragraph

13 (2). In making such awards, the Secretary shall en14 sure, to the extent possible, that each geographic re15 gion of the United States shall be served by a recipi16 ent of an award under this subpart.’’; and

17 (C) in paragraph (2)—

18 (i) in the matter preceding subpara19 graph (A), by striking out ‘‘a grant under

20 this section’’ and inserting in lieu thereof

21 ‘‘an award under this subpart’’;

22 (ii) by redesignating subparagraphs

23 (B) and (C) as subparagraphs (C) and

24 (D), respectively; and
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1 (iii) by inserting immediately after

2 subparagraph (A) the following new sub3 paragraph:

4 ‘‘(B) meet the requirements of section

5 2421 in addition to meeting the requirements of

6 this subpart;’’; and

7 (2) in subsection (b)—

8 (A) in paragraph (1)—

9 (i) in the matter preceding subpara10 graph (A), by striking out ‘‘a grant under

11 this section’’ and inserting in lieu thereof

12 ‘‘an award under this subpart’’;

13 (ii) in subsection (B)—

14 (I) by striking out ‘‘information,

15 in coordination with information avail16 able from the Secretary,’’ and insert17 ing in lieu thereof ‘‘information’’; and

18 (II) by striking out ‘‘evaluate and

19 make recommendations on equipment

20 and software that support the Amer21 ica’s Education Goals and are suited

22 for a school’s particular needs,’’; and

23 (iii) in subparagraph (C), by striking

24 out ‘‘to participate’’ through the end there25 of and inserting in lieu thereof ‘‘assistance
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1 in applying advanced technologies and web2 based resources in order to design learning

3 environments for the 21st Century; and’’;

4 (B) in paragraph (2)—

5 (i) in the matter preceding subpara6 graph (A), by striking out ‘‘a grant under

7 this section’’ and inserting in lieu thereof

8 ‘‘an award under this subpart’’;

9 (ii) in subparagraph (A)—

10 (I) in the matter preceding clause

11 (i), by striking out ‘‘technology-spe12 cific, ongoing professional develop13 ment,’’ and inserting in lieu thereof

14 ‘‘sustained and intensive high-quality

15 professional development that pre16 pares educators to be effective devel17 opers, users, and evaluators of edu18 cational technology,’’;

19 (II) in clause (i), by striking out

20 ‘‘that use’’ through the end thereof

21 and inserting in lieu thereof ‘‘for

22 teachers, administrators, school librar23 ians, and other education personnel;

24 and’’; and

25 (III) in clause (ii)—
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1 (aa) by striking out sub2 clauses (II), and (V);

3 (bb) in subclause (III), by

4 adding ‘‘and’’ at the end thereof;

5 (cc) in subclause (IV), by

6 striking out ‘‘video conferences

7 and seminars which’’ and insert8 ing in lieu thereof ‘‘the use of ad9 vanced telecommunications and

10 distance learning networks to’’;

11 and

12 (dd) by redesignating sub13 clauses (III) and (IV) as sub14 clauses (II) and (III), respec15 tively;

16 (iii) by striking out subparagraphs

17 (B) and (C);

18 (iv) in subparagraph (F), by striking

19 out ‘‘for students’’ through the end thereof

20 and inserting in lieu thereof a comma and

21 ‘‘coordinated with other programs sup22 ported under this title, that incorporate the

23 effective use of advanced technology into

24 teacher preparation courses;’’;

25 (v) in subparagraph (G)—
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1 (I) by striking out ‘‘develop sup2 port from’’ and inserting in lieu there3 of ‘‘increase the involvement and sup4 port of’’; and

5 (II) by striking out the period at

6 the end thereof and inserting in lieu

7 thereof a semicolon and ‘‘and’’; and

8 (vi) by redesignating subparagraphs

9 (D), (E), (F), and (G) as subparagraphs

10 (B), (C), (D), and (E), respectively;

11 (C) in paragraph (3)—

12 (i) in the matter preceding subpara13 graph (A), by striking out ‘‘a grant under

14 this section’’ and inserting in lieu thereof

15 ‘‘an award under this subpart’’;

16 (ii) in subparagraph (A), by adding

17 ‘‘and’’ at the end thereof;

18 (iii) in subparagraph (B), by striking

19 out the semicolon and ‘‘and’’ at the end

20 thereof and inserting in lieu thereof a pe21 riod;

22 (iv) by striking out subparagraph (C);

23 (v) by redesignating subparagraphs

24 (A) and (B) as subparagraphs (B) and

25 (C), respectively; and
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1 (vi) by inserting immediately before

2 subparagraph (B) (as redesignated by

3 clause (v)) the following new subpara4 graph:

5 ‘‘(A) maintain, or contribute to, a nation6 ally accessible repository that contains informa7 tion about effective uses of educational tech8 nology, including for sustained and intensive,

9 high-quality professional development, and dis10 seminate that information nationwide;’’; and

11 (D) by amending paragraph (4) to read as

12 follows:

13 ‘‘(4) Each consortium receiving an award under

14 this subpart shall—

15 ‘‘(A) collaborate, and coordinate the serv16 ices that it provides, with appropriate regional

17 and other entities assisted in whole or in part

18 by the Department;

19 ‘‘(B) coordinate activities and establish

20 partnerships with organizations and institutions

21 of higher education that represent the interests

22 of the region regarding the application of tech23 nology to teaching, learning, instructional man24 agement, dissemination, the collection and dis-
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1 tribution of educational statistics, and the

2 transfer of student information; and

3 ‘‘(C) collaborate with the Department and

4 recipients of funding under other technology

5 programs of the Department, particularly the

6 Technology Literacy Challenge Fund under

7 subpart 1, and the Next-Generation Technology

8 Innovation Awards program under subpart 1 of

9 part B, to assist the Department and those re10 cipients as requested by the Secretary.’’.

11 (c) Section 3141 of the ESEA is redesignated as sec12 tion 3421.

13 (d) Title III of the ESEA is further amended by in14 serting immediately after section 3421 (as redesignated by

15 subsection (c)) the following new section:

16 ‘‘AUTHORIZATION OF APPROPRIATIONS

17 ‘‘SEC. 3422. For purposes of carrying out this sub18 part, there are authorized to be appropriated such sums

19 as may be necessary for fiscal year 2001 and for each of

20 the four succeeding fiscal years.’’.

21 TITLE IV—SAFE AND DRUG-FREE SCHOOLS

22 AND COMMUNITIES ACT

23 SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES

24 SEC. 401. Title IV of the ESEA is amended to read

25 as follows:
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1 ‘‘TITLE IV—SAFE AND DRUG-FREE SCHOOLS

2 AND COMMUNITIES

3 ‘‘SHORT TITLE

4 ‘‘SEC. 4001. This title may be cited as the ‘Safe and

5 Drug-Free Schools and Communities Act’.

6 ‘‘FINDINGS

7 ‘‘SEC. 4002. The Congress finds that:

8 ‘‘(1) Safe and Drug-Free Schools and Commu9 nities Programs support achievement of Goal One of

10 the National Drug Control Strategy—to educate and

11 enable America’s youth to reject illegal drugs, as

12 well as alcohol and tobacco—and Goal Seven of

13 America’s Education Goals—that every school in the

14 United States will be free of drugs, violence, and the

15 unauthorized presence of firearms and alcohol.

16 ‘‘(2) It is essential for schools to provide a

17 drug-free, safe, and orderly learning environment for

18 all students, if all students are to live healthy lives

19 and achieve to high academic standards.

20 ‘‘(3) Student drug use and school violence are

21 serious educational and public health concerns.

22 ‘‘(4) Safe and Drug-Free Schools and Commu23 nities programs are most likely to be effective when

24 they are based on a thorough assessment of objective

25 data about the drug and violence problems in schools

26 and communities, are designed to meet measurable
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1 goals and objectives, are based on sound research or

2 evaluation findings, and are evaluated regularly and

3 held accountable for results.

4 ‘‘(5) Safe and Drug-Free Schools and Commu5 nities program resources should be targeted at the

6 local level to projects in areas that demonstrate need

7 for the funds, have developed the best strategic

8 plans for using the funds, and are committed to

9 being accountable for results.

10 ‘‘(6) Lifelong physical activity contributes to

11 students’ well-being and, consistent with the second

12 of America’s Education Goals, it is appropriate for

13 the Federal government to help strengthen State

14 and local efforts in this area.

15 ‘‘PURPOSE

16 ‘‘SEC. 4003. DECLARATION OF PURPOSE.—The pur17 pose of this title is to support programs for creating and

18 maintaining drug-free, safe, and orderly environments for

19 learning in and around schools, by awarding Federal fi20 nancial assistance to—

21 ‘‘(1) State educational agencies for competitive

22 awards to local educational agencies with a dem23 onstrated need for services and the highest quality

24 proposed programming;

25 ‘‘(2) Governors for competitive awards to local

26 educational agencies, as well as community-based or-
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1 ganizations and other public entities and nonprofit

2 organizations, for programs that complement and

3 support local educational agency programs;

4 ‘‘(3) State educational agencies and Governors

5 for capacity-building, and technical assistance and

6 accountability services and activities to improve the

7 effectiveness of, and institutionalize, State and local

8 Safe and Drug-Free Schools and Communities pro9 grams; and

10 ‘‘(4) Public and private organizations, and indi11 viduals, for training programs, demonstrations, eval12 uations, research projects, direct services, and tech13 nical assistance to schools and school systems, devel14 oping and disseminating materials and information,

15 drug and violence prevention programs at the post16 secondary level, and other activities related to the

17 purposes of this title.

18 ‘‘AUTHORIZATION OF APPROPRIATIONS

19 ‘‘SEC. 4004. There are authorized to be

20 appropriated—

21 ‘‘(1) such sums as may be necessary for fiscal

22 year 2001 and each of the four succeeding fiscal

23 years to carry out part A;

24 ‘‘(2) such sums as may be necessary for fiscal

25 year 2001 and each of the four succeeding fiscal

26 years to carry out part B; and
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1 ‘‘(3) such sums as may be necessary for fiscal

2 year 2001 and each of the four succeeding fiscal

3 years to carry out part C.

4 ‘‘PART A—STATE GRANTS FOR DRUG AND VIOLENCE

5 PREVENTION PROGRAMS

6 ‘‘RESERVATIONS AND ALLOTMENTS

7 ‘‘SEC. 4111. (a) RESERVATIONS.—(1) From the

8 amount made available under section 4004(1) to carry out

9 this part for each fiscal year, the Secretary—

10 ‘‘(A) shall reserve 1 percent of such amount for

11 grants under this part to Guam, America Samoa,

12 the Virgin Islands, and the Commonwealth of the

13 Northern Mariana Islands, to be allotted in accord14 ance with the Secretary’s determination of their re15 spective needs;

16 ‘‘(B) shall reserve 1 percent of such amount for

17 the Secretary of the Interior to carry out programs

18 for Indian youth;

19 ‘‘(C) shall reserve 0.2 percent of such amount

20 for programs for Native Hawaiians; and

21 ‘‘(D) may reserve not more than $2,000,000 for

22 evaluation activities required by section 4117(a).

23 ‘‘(2)(A)(i) Funds reserved under paragraph (1)(A)

24 may not be consolidated under the provisions of title V

25 of Public Law 95–134.
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1 ‘‘(ii) The Governor of Guam, America Samoa, the

2 Virgin Islands, or the Commonwealth of the Northern

3 Mariana Islands may direct the Secretary to consolidate

4 the Governor’s share of funds under this part with the

5 State educational agency’s share and award the consoli6 dated amount to the State educational agency for adminis7 tration in accordance with the requirements of this part

8 applicable to State educational agencies.

9 ‘‘(iii) Funds reserved under paragraph (1)(A) shall

10 be used to carry out programs and activities that—

11 ‘‘(I) are authorized by this part and are imple12 mented in a manner that is consistent with the pro13 gram requirements under section 4114; and

14 ‘‘(II) are subject to the application require15 ments under section 4112(a).

16 ‘‘(B) Funds reserved under paragraph (1)(B) shall

17 be used to carry out programs and activities authorized

18 by this part that meet the needs of Native American youth

19 and that are implemented in a manner that is consistent

20 with the program requirements under section 4114.

21 ‘‘(C)(i) Funds reserved under paragraph (1)(C) shall

22 be used by the Secretary to award grants or contracts to

23 organizations primarily serving or representing Native

24 Hawaiians to carry out programs and activities authorized

25 by this part that meet the needs of Native Hawaiian youth
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1 and that are implemented in a manner that is consistent

2 with the program requirements under section 4114.

3 ‘‘(ii) Recipients of funds reserved under paragraph

4 (1)(C) shall coordinate their programs and activities with

5 programs and activities under this part carried out by the

6 State educational agency of Hawaii.

7 ‘‘(iii) For the purposes of this section, the term ‘Na8 tive Hawaiian’ has the same meaning as the term is pro9 vided in section 9212 of the Elementary and Secondary

10 Education Act of 1965.

11 ‘‘(b) STATE ALLOTMENTS.—(1) Except as provided

12 in paragraph (2), the Secretary shall, for each fiscal year,

13 allocate among the States—

14 ‘‘(A) one-half of the remainder not reserved

15 under subsection (a) according to the ratio between

16 the school-aged population of each State and the

17 school-aged population of all the States; and

18 ‘‘(B) one-half of such remainder according to

19 the ratio between the amount each State received

20 under section 1122 of part A of title I of the Act

21 for the preceding year and the sum of such amounts

22 received by all the States.

23 ‘‘(2) MINIMUM.—For any fiscal year, no State shall

24 be allotted under this subsection an amount that is less
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1 than one-half of one percent of the total amount allotted

2 to all the States under this subsection.

3 ‘‘(3) REALLOTMENT.—The Secretary may reallot any

4 amount of any allotment to a State if the Secretary deter5 mines that the State will be unable to use such amount

6 within two years of such allotment. Such reallotments

7 shall be made on the same basis as allotments are made

8 under paragraph (1).

9 ‘‘(4) DEFINITIONS.—For the purposes of this part—

10 ‘‘(A) the term ‘State’ means each of the 50

11 States, the District of Columbia, and the Common12 wealth of Puerto Rico; and

13 ‘‘(B) the term ‘local educational agency’ in14 cludes educational service agencies and consortia of

15 such agencies.

16 ‘‘STATE APPLICATIONS

17 ‘‘SEC. 4112. (a) STATE APPLICATION. In order to re18 ceive an allotment under section 4111(b) for any fiscal

19 year, a State shall submit to the Secretary, at such time

20 and in such manner as the Secretary may require, a 5-

21 year application that—

22 ‘‘(1) is submitted jointly by the Governor and

23 the State educational agency of the State;

24 ‘‘(2) contains a description of how funds under

25 this part will be coordinated with other programs
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1 under this Act and with other Federal education and

2 drug prevention programs;

3 ‘‘(3) contains a comprehensive plan for the use

4 of funds by the State educational agency and the

5 Governor to provide safe, orderly, and drug-free

6 school environments that includes—

7 ‘‘(A) the results of the State’s needs as8 sessment for drug and violence-prevention pro9 grams, which shall be based on the results of

10 ongoing State evaluation activities and include

11 data on the prevalence of drug use and violence

12 by youth in schools and communities in the

13 State;

14 ‘‘(B) a list of the State’s results-based per15 formance measures for drug and violence pre16 vention, which shall—

17 ‘‘(i) be focused on student behavior

18 and attitudes and derived from the needs

19 assessment;

20 ‘‘(ii) be selected from a core set of in21 dicators that the Secretary shall develop in

22 consultation with State and local officials;

23 ‘‘(iii) include targets and due dates

24 for the attainment of these indicators;
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1 ‘‘(iv) include a description of the pro2 cedures the State will use to inform local

3 educational agencies of the State’s results4 based performance measures for drug and

5 violence prevention for assessing and pub6 licly reporting progress toward meeting

7 these indicators, or revising them as need8 ed; and

9 ‘‘(v) include a description of how the

10 procedures described in subparagraph (C)

11 and subparagraph (D) will support the

12 achievement of the State’s results-based

13 performance measures;

14 ‘‘(C) a description of the procedures the

15 State educational agency will use for reviewing

16 applications and awarding funds to local edu17 cational agencies on a competitive basis under

18 section 4113(c), including—

19 ‘‘(i) the objective criteria the State

20 educational agency will use for determining

21 which local educational agencies are eligi22 ble to compete for these funds;

23 ‘‘(ii) the criteria the State educational

24 agency will use to assess the relative qual25 ity of applications and demonstrated need
331

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1 for funding by these local educational

2 agencies;

3 ‘‘(iii) the peer review process the

4 State educational agency will use to review

5 applications;

6 ‘‘(iv) how the State educational agen7 cy will ensure that the geographical dis8 tribution of awards reflects the diversity of

9 local educational agencies in the State; and

10 ‘‘(v) how the State educational agency

11 and the Governor will coordinate these pro12 grams;

13 ‘‘(D) a description of the procedures, in14 cluding objective criteria, the State educational

15 agency will use for reviewing any applications

16 and awarding any funds to local educational

17 agencies on a non-competitive basis under sec18 tion 4113(c)(3);

19 ‘‘(E) a description of the procedures the

20 Governor will use to award funds to eligible ap21 plicants on a competitive basis consistent with

22 section 4115(c), including—

23 ‘‘(i) the criteria the Governor will use

24 to assess the relative quality of applica-
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1 tions and demonstrated need for funding

2 of eligible applicants;

3 ‘‘(ii) the peer review process the Gov4 ernor will use to review applications;

5 ‘‘(iii) how those funds will be used for

6 community resources and activities that

7 support local educational agency programs

8 to create drug-free, safe, and disciplined

9 learning environments in, and passageways

10 to and from schools; and

11 ‘‘(iv) how the Governor will ensure

12 that the geographic distribution of awards

13 reflects the diversity of local educational

14 agencies in the State;

15 ‘‘(F) a description of how the State edu16 cational agency and Governor will use the funds

17 reserved under sections 4113(b) and 4115(b)

18 for coordinated capacity-building and technical

19 assistance and program accountability services

20 and activities at the State and local levels, in21 cluding how the State educational agency and

22 Governor will coordinate their activities with

23 law enforcement, health, mental health, and

24 education programs and officials at the State

25 and local levels;
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1 ‘‘(G) a description of how the State edu2 cational agency and the Governor will monitor

3 local programs; and

4 ‘‘(H) a description of how the State edu5 cational agency will ensure that local edu6 cational agencies not receiving funds under this

7 part will be provided technical assistance to im8 prove their programs;

9 ‘‘(4) contains assurances that the application

10 was developed in consultation and coordination with

11 appropriate State officials, including the head of the

12 State alcohol and drug abuse agency, the heads of

13 the State health and mental health agencies, the

14 head of the State criminal justice planning agency,

15 the head of the State child welfare agency, the head

16 of the State board of education, or their designees,

17 and representatives of parents, students, and com18 munity-based organizations; and

19 ‘‘(5) contains assurance that the State will co20 operate with, and assist, the Secretary in conducting

21 the national impact evaluation of programs required

22 by section 4117(a).

23 ‘‘(b) PEER REVIEW.—The Secretary shall use a peer

24 review process in reviewing State applications under this

25 section.
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1 ‘‘STATE AND LOCAL EDUCATIONAL AGENCY PROGRAMS

2 ‘‘SEC. 4113. (a) ALLOCATION OF FUNDS.—In each

3 fiscal year, 80 percent of the total amount allocated to

4 the State under section 4111(b) shall be used by the State

5 educational agency and local educational agencies in the

6 State to carry out programs and activities in accordance

7 with this section that are designed to create and maintain

8 drug-free, safe, and orderly environments for learning in

9 and around schools in the State.

10 ‘‘(b) STATE LEVEL ACTIVITIES.—(1) A State edu11 cational agency shall reserve not more than 20 percent of

12 the amount described in subsection (a) for State-level ac13 tivities described in paragraphs (2) and (4).

14 ‘‘(2) A State educational agency may use not more

15 than 5 percent of the amount described in subsection (a)

16 for the costs of carrying out its administrative responsibil17 ities under this part.

18 ‘‘(3) The State educational agency shall reserve the

19 remainder of the amount described in paragraph (1) after

20 application of paragraph (2), but not less than 10 percent

21 of the amount described in subsection (a), for State-level

22 activities described in paragraph (4).

23 ‘‘(4)(A) The State educational agency and the Gov24 ernor shall jointly use the amounts reserved under para25 graph (3) and section 4115(b)(3) to plan, develop, and im-
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1 plement capacity building, technical assistance, and ac2 countability services that are designed to support the ef3 fective implementation of local drug and violence preven4 tion activities throughout the State and promote program

5 accountability and improvement.

6 ‘‘(B)(i) The State educational agency and Governor

7 may carry out the services and activities described in sub8 paragraph (A) directly, or through subgrants or contracts

9 with public and private organizations, as well as individ10 uals.

11 ‘‘(ii) Except as provided under clause (iii), the State

12 educational agency and Governor shall, to the extent prac13 ticable, use funds under this paragraph to provide capacity

14 building and technical assistance and accountability serv15 ices and activities to all local educational agencies in the

16 State, including those that do not receive funds under this

17 part.

18 ‘‘(iii) The State educational agency and the Governor

19 may use funds under this paragraph to provide emergency

20 intervention services to schools and communities following

21 a traumatic crisis, such as a shooting, major accident, or

22 drug-related incident that has disrupted the learning envi23 ronment.

24 ‘‘(C) For the purpose of this paragraph—
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1 ‘‘(i) ‘capacity building’ means activities to im2 prove the knowledge, skills, and expertise of State

3 and local program staff needed to plan, implement,

4 and improve effective research-based programs; and

5 ‘‘(ii) ‘technical assistance and accountability

6 services’ means activities designed to improve State

7 and local programs and activities under this part, in8 cluding dissemination of information and curricula,

9 program evaluation, demonstration programs, peer

10 review of local educational agency applications, and

11 evaluation assistance, such as collecting, monitoring,

12 and reporting program indicator data.

13 ‘‘(c) LOCAL LEVEL ACTIVITIES.—(1) A State edu14 cational agency shall use not less than 80 percent of the

15 amount described in subsection (a) for local-level activities

16 described in paragraphs (2) and (3).

17 ‘‘(2)(A) A State educational agency shall use at least

18 70 percent of the amount described in subsection (a) to

19 make competitive subgrants, consistent with subparagraph

20 (C)(i), to local educational agencies (or consortia of local

21 educational agencies) that the State educational agency

22 determines, based on objective data, need assistance under

23 this part.
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1 ‘‘(B) In determining which local educational agencies

2 (or consortia) need assistance under this part, the State

3 educational agency may consider such factors as—

4 ‘‘(i) high rates of alcohol, tobacco, or drug use

5 among youth;

6 ‘‘(ii) high rates of victimization of youth by vio7 lence and crime;

8 ‘‘(iii) high rates of arrest and adjudication of

9 youth for violent or drug- or alcohol-related delin10 quency;

11 ‘‘(iv) high rates of bullying, hate-related inci12 dents, racial harassment, sexual harassment, or sex13 ual abuse;

14 ‘‘(v) high rates of referrals of youths to drug

15 and alcohol abuse treatment and rehabilitation pro16 grams;

17 ‘‘(vi) high rates of referrals of youths to juve18 nile court;

19 ‘‘(vii) high rates of expulsions and suspensions

20 of students from schools;

21 ‘‘(viii) high rates of reported cases of child

22 abuse and domestic violence;

23 ‘‘(ix) the extent of illegal gang activity;

24 ‘‘(x) local fiscal capacity to fund such programs

25 without Federal assistance;
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1 ‘‘(xi) the incidence of drug paraphernalia in

2 schools;

3 ‘‘(xii) high rates of drug-related emergencies or

4 deaths; and

5 ‘‘(xiii) high rates of drug distribution or sales

6 on, or around, school grounds.

7 ‘‘(C)(i) The State educational agency shall base the

8 competition it conducts under subparagraph (A) on the

9 quality of the applicant’s proposed program and how close10 ly it is aligned with the principles of effectiveness de11 scribed in clause (ii).

12 ‘‘(ii) For the purpose of this subsection, the State

13 educational agency shall use the following principles of ef14 fectiveness:

15 ‘‘(I) The applicant’s program is based on a

16 thorough assessment of objective data about the

17 drug and violence problems in the schools and com18 munities to be served.

19 ‘‘(II) The applicant has established a set of

20 measurable goals and objectives aimed at ensuring

21 that all schools served by the local educational agen22 cy have a drug-free, safe, and orderly learning envi23 ronment, and has designed its programs to meet

24 those goals and objectives.
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1 ‘‘(III) The applicant has designed and will im2 plement its programs for youth based on research or

3 evaluation that provides evidence that the program

4 to be used will prevent or reduce drug use, violence,

5 delinquency, or disruptive behavior among youth.

6 ‘‘(IV) The applicant will evaluate its program

7 periodically to assess its progress toward achieving

8 its goals and objectives, and will use evaluation re9 sults to refine, improve, and strengthen its program,

10 and refine its goals and objectives, as needed.

11 ‘‘(D) A State educational agency may make sub12 grants under this paragraph to not more than 50 percent

13 of the local educational agencies in the State, unless the

14 State demonstrates in its application under section 4112

15 that the State educational agency can make subgrants to

16 more than 50 percent of the local educational agencies in

17 the State and still comply with subparagraph (E).

18 ‘‘(E) Subgrants under this paragraph shall be of suf19 ficient size to support high-quality, effective programs and

20 activities that are designed to create safe, disciplined, and

21 drug-free learning environments in schools and that are

22 consistent with the needs, goals, and objectives identified

23 in the State’s plan under section 4112.

24 ‘‘(3)(A) A State educational agency may use not more

25 than 10 percent of the amount described in subsection (a)
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1 to make non-competitive subgrants to local educational

2 agencies (or consortia of local educational agencies) with

3 the greatest need for assistance as described in paragraph

4 (2)(B) that did not receive a subgrant under subpara5 graph (2)(A). A local educational agency may not receive

6 more than one subgrant under this paragraph.

7 ‘‘(B) A State educational agency shall not make a

8 subgrant to a local educational agency under this para9 graph unless it—

10 ‘‘(i) assists the local educational agency in

11 meeting the information requirements under section

12 4116(a) pertaining to local educational agency needs

13 assessment, results-based performance measures,

14 comprehensive safe and drug-free schools plan, eval15 uation plan, and assurances; and

16 ‘‘(ii) provides continuing technical assistance to

17 the local educational agency to build its capacity to

18 develop and implement high-quality, effective pro19 grams consistent with the principles of effectiveness

20 in subsection (c)(2)(C)(ii).

21 ‘‘(d) PROJECT PERIODS AND REALLOCATION.—

22 (1)(A) Subgrants under subsection (c) shall be for project

23 periods not to exceed three years.

24 ‘‘(B) In order to receive funds under this section for

25 the second or third year of the project, a local educational
341

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1 agency shall demonstrate to the satisfaction of the State

2 educational agency that the local educational agency’s

3 project is making reasonable progress toward its perform4 ance measures under section 4116(a)(3)(C).

5 ‘‘(2) A State educational agency may require local

6 educational agencies to return funds awarded to them

7 under this section that they have not expended within one

8 year of the date of the subgrant, and may award such

9 recovered funds to other local educational agencies with

10 the greatest need for them—

11 ‘‘(A) through a new competition;

12 ‘‘(B) by funding high-quality applications that

13 were not funded in a previous competition; or

14 ‘‘(C) by making supplemental awards to current

15 subgrant recipients.

16 ‘‘LOCAL DRUG AND VIOLENCE PREVENTION PROGRAMS

17 ‘‘SEC. 4114. (a) PRINCIPLES OF EFFECTIVENESS.—

18 Each local educational agency that receives a subgrant

19 under section 4113(c) shall use those funds to support re20 search-based, drug- and violence-prevention services and

21 activities that are consistent with the principles of effec22 tiveness described in section 4113(c)(2)(C)(ii).

23 ‘‘(b) OTHER AUTHORIZED ACTIVITIES.—(1) Each

24 local educational agency that receives a subgrant under

25 section 4113(c) may also use those funds to carry out,

26 in a manner that is consistent with the most recent rel-
342

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1 evant research, other services and activities that are con2 sistent with the purposes of this title, such as—

3 ‘‘(A) staff training and development;

4 ‘‘(B) parental involvement and training;

5 ‘‘(C) community involvement activities;

6 ‘‘(D) law enforcement and security activities

7 that are related to school safety and drug use;

8 ‘‘(E) creating and maintaining safe zones of

9 passage to and from school to prevent violence and

10 drug trafficking;

11 ‘‘(F) counseling, mentoring, and referral serv12 ices, and other student assistance programs;

13 ‘‘(G) before- and after-school programs;

14 ‘‘(H) alternative education programs for those

15 students who have been expelled from their regular

16 education programs;

17 ‘‘(I) programs to assist students to reenter the

18 regular education program upon return from treat19 ment or alternative education settings;

20 ‘‘(J) services and activities that reduce the need

21 for suspension and expulsion in maintaining class22 room order and school discipline;

23 ‘‘(K) services and activities to prevent and re24 duce truancy;
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1 ‘‘(L) teaching students about the risks and con2 sequences associated with handling firearms and

3 that enables them to make safe choices and avoid in4 juries to themselves and others; and

5 ‘‘(M) activities designed to prevent hate crimes.

6 ‘‘(2) A local educational agency may not use more

7 that 20 percent of its subgrant for the acquisition or use

8 of metal detectors and security personnel unless it dem9 onstrates in its application under section 4116 to the sat10 isfaction of the State educational agency that it has a com11 pelling need to do so.

12 ‘‘GOVERNOR’S PROGRAMS

13 ‘‘SEC. 4115. (a) ALLOCATION OF FUNDS.—In each

14 fiscal year, 20 percent of the total amount allocated to

15 the State under section 4111(b) shall be used by the Gov16 ernor to support community efforts that directly com17 plement the efforts of local educational agencies to foster

18 drug-free, safe, and orderly learning environments in and

19 around schools.

20 ‘‘(b) STATE-LEVEL ACTIVITIES.—(1) A Governor

21 shall reserve not more than 20 percent of the amount de22 scribed in subsection (a) for State-level activities described

23 in paragraph (2) and section 4113(b)(4).

24 ‘‘(2) A Governor may use not more than 5 percent

25 of the amount described in subsection (a) for costs, direct
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1 or indirect, of carrying out the Governor’s administrative

2 responsibilities under this part.

3 ‘‘(3) The Governor shall reserve the remainder of the

4 amount described in paragraph (1), after application of

5 paragraph (2), but not less than 10 percent of the amount

6 described in subsection (a), for State-level activities that

7 are administered jointly with the State educational agency,

8 as described in section 4113(b)(4).

9 ‘‘(c) LOCAL-LEVEL ACTIVITIES.—(1)(A) A Governor

10 shall use not less than 80 percent of the amount described

11 in subsection (a) to make competitive subgrants to, or con12 tracts with, community-based organizations, local edu13 cational agencies, and other public entities and private

14 non-profit organizations, or consortia thereof, to support

15 community efforts that directly complement the efforts of

16 local educational agencies to foster drug-free, safe, and or17 derly learning environments in and around schools.

18 ‘‘(B) To be eligible for a subgrant under this sub19 section, an applicant (other than a local educational agen20 cy applying on its own behalf) shall include in its applica21 tion its written agreement with one or more local edu22 cational agencies, or one or more schools within a local

23 educational agency, to provide services and activities in

24 support of such local educational agencies or schools, as

25 well as an explanation of how those services and activities
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1 will complement or support the local educational agencies’

2 or schools’ efforts to provide a drug-free, safe, and orderly

3 school environment.

4 ‘‘(C) The Governor shall base the competition con5 ducted under subparagraph (A)—

6 ‘‘(i) on the quality of the applicant’s proposed

7 program and how closely it is aligned with the prin8 ciples of effectiveness described in section

9 4113(c)(2)(C)(ii); and

10 ‘‘(ii) on the needs of the schools or local edu11 cational agencies to be served, based on the objective

12 criteria determined by the Governor.

13 ‘‘(D) Subgrants under this subsection may support

14 community efforts on a Statewide, regional, or local basis

15 and may support the efforts of local educational agencies

16 and schools that do not receive funds under this part.

17 ‘‘(2)(A) Each recipient of a subgrant under this sub18 section shall use those funds to support research-based

19 services and activities that are consistent with the prin20 ciples of effectiveness described in section

21 4113(c)(2)(C)(ii).

22 ‘‘(B) Each recipient of a subgrant under this sub23 section may also use those funds to carry out, in a manner

24 that is consistent with the most recent relevant research,
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1 other services and activities that are consistent with the

2 purposes of this title, such as—

3 ‘‘(i) counseling and mentoring services;

4 ‘‘(ii) the support of school resource officers, and

5 other partnerships with law enforcement;

6 ‘‘(iii) after-school programs;

7 ‘‘(iv) activities designed to prevent hate crimes;

8 and

9 ‘‘(v) alternative education programs for stu10 dents removed from their regular educational pro11 grams.

12 ‘‘LOCAL APPLICATIONS

13 ‘‘SEC. 4116. APPLICATION CONTENTS.—(a)(1) Ap14 plicants for subgrants under section 4113(c)(2), section

15 4113(c)(3), and section 4115(c) shall submit an applica16 tion at such time and including such information as the

17 State educational agency or the Governor, as applicable,

18 requires, consistent with paragraph (3).

19 ‘‘(2)(A) Applications from local educational agencies

20 for subgrants under section 4113(c)(2), section

21 4113(c)(3), and section 4115(c) shall be developed in con22 sultation with a local or regional advisory council that in23 cludes, to the extent possible, representatives of local gov24 ernment, business, parents, students, teachers, pupil serv25 ices personnel, mental health service providers, appro26 priate State agencies, private schools, law enforcement,
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1 community-based organizations, and other groups inter2 ested in, and knowledgeable about, drug and violence pre3 vention.

4 ‘‘(B) Applications from entities other than local edu5 cational agencies for subgrants under section 4115(c)

6 shall be developed in consultation with the schools or local

7 educational agencies to be served and, to the extent prac8 ticable, with the representatives described in subparagraph

9 (A).

10 ‘‘(3) Each application for a subgrant described in

11 subsection (a) shall contain—

12 ‘‘(A) the results of the applicant’s needs assess13 ment concerning the creation and maintenance of a

14 drug-free, safe, and orderly school environment and

15 include data on the prevalence of drug use and vio16 lence by youth in the schools and communities to be

17 served;

18 ‘‘(B) a description of how the applicant will tar19 get services and activities on the communities,

20 schools, and students with the greatest need for as21 sistance in creating and maintaining drug-free, safe,

22 and orderly learning environments;

23 ‘‘(C) the applicant’s results-based performance

24 measures for creating and maintaining a drug-free,

25 safe, and orderly learning environment, which shall
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1 be focused on student behavior and attitudes, and

2 include annual targets for each performance meas3 ure;

4 ‘‘(D) a description of the procedures the appli5 cant will use to assess and publicly report progress

6 toward meeting its performance indicators;

7 ‘‘(E) a description of how—

8 ‘‘(i) the applicant will use the funds to be

9 awarded and how the activities it will support

10 with those funds address the needs identified

11 under subparagraph (A) and the performance

12 measures identified in subparagraph (C); and

13 ‘‘(ii) if the applicant is a local educational

14 agency, how those activities are consistent with

15 the Safe and Drug-Free Schools plan under

16 paragraph (4)(F) or another existing school

17 plan related to safe, disciplined, and drug-free

18 environments;

19 ‘‘(F) a description of how the applicant will co20 ordinate its activities with local, State, and Federal

21 law enforcement, health, mental health, and edu22 cation officials;

23 ‘‘(G) a description of how the applicant will co24 ordinate its activities under this part with those im-
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1 plemented under the Drug-Free Communities Act, if

2 any;

3 ‘‘(H) a description of the applicant’s plan for

4 evaluating its project; and

5 ‘‘(I) any other information the State edu6 cational agency or Governor, as applicable, may re7 quire to review applications, and award subgrants,

8 based on the applicant’s need for assistance and the

9 quality of the application.

10 ‘‘(4) Each applicant for a subgrant under section

11 4113(c)(2) or 4113(c)(3) shall also include in its applica12 tion an assurance that it—

13 ‘‘(A) has a policy, consistent with State law and

14 the Gun-Free Schools Act, that requires the expul15 sion of students who possess a firearm at school;

16 ‘‘(B) has, or will have, a full- or part-time pro17 gram coordinator whose primary responsibility is

18 planning, designing, implementing, and evaluating

19 the applicant’s programs (unless the applicant dem20 onstrates in its application, to the satisfaction of the

21 State educational agency, that such a program coor22 dinator is not needed);

23 ‘‘(C) will evaluate its program every two years

24 to assess its progress toward meeting its goals and

25 objectives, and will use the results of its evaluation
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1 to improve its program and refine its goals and ob2 jectives, as needed; and

3 ‘‘(D) has, or the schools to be served have, a

4 comprehensive Safe and Drug-Free Schools plan

5 that includes—

6 ‘‘(i) appropriate and effective discipline

7 policies that prohibit disorderly conduct, the

8 possession of firearms and other weapons, and

9 the illegal use, possession, distribution, and sale

10 of tobacco, alcohol, and other drugs by stu11 dents, and that mandate predetermined con12 sequences, sanctions, or interventions for spe13 cific offenses;

14 ‘‘(ii) security procedures at school and

15 while students are on the way to and from

16 school, which may include the use of metal de17 tectors and the development and implementa18 tion of formal agreements with law enforcement

19 officials;

20 ‘‘(iii) early intervention and prevention ac21 tivities of demonstrated effectiveness designed

22 to create and maintain safe, disciplined, and

23 drug-free environments;

24 ‘‘(iv) school readiness and family involve25 ment activities;
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1 ‘‘(v) improvements to classroom manage2 ment and school environment, such as efforts to

3 reduce class size or improve classroom dis4 cipline;

5 ‘‘(vi) procedures to identify and intervene

6 with troubled students, including establishing

7 linkages with, and referring students to, juve8 nile justice, community mental health, and

9 other service providers;

10 ‘‘(vii) activities that connect students to re11 sponsible adults in the community, including ac12 tivities such as after-school or mentoring pro13 grams; and

14 ‘‘(viii) a crisis management plan for re15 sponding to violent or traumatic incidents on

16 school grounds, which provides for addressing

17 the needs of victims, and communicating with

18 parents, the media, law enforcement officials,

19 and mental health service providers.

20 ‘‘(5) Each applicant for a subgrant under section

21 4115(c) shall also include in its application—

22 ‘‘(A) a description of how the services and ac23 tivities to be supported will be coordinated with rel24 evant programs under this part that are supported
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S 1180 IS

1 by State educational agencies, including how recipi2 ents will share resources, services, and data;

3 ‘‘(B) a description of how the applicant will co4 ordinate its activities under this part with those im5 plemented under the Drug-Free Communities Act, if

6 any; and

7 ‘‘(C)(i) an assurance that it will evaluate its

8 program every two years to assess its progress to9 ward meeting its goals and objectives, and will use

10 the results of its evaluation to improve its program

11 and refine its goals and objectives as needed, if the

12 applicant is not a local educational agency; or

13 ‘‘(ii) the assurances under paragraph (4) if the

14 applicant is a local educational agency.

15 ‘‘(b) REVIEW OF APPLICATION.—To review applica16 tions under this section—

17 ‘‘(1) State educational agencies shall use a peer

18 review process; and

19 ‘‘(2) Governors may use a peer review process

20 or other methods that ensure that applications are

21 funded on the basis of need and quality.

22 ‘‘NATIONAL EVALUATIONS AND DATA COLLECTIONS

23 ‘‘SEC. 4117. (a) NATIONAL EVALUATIONS.—(1) The

24 Secretary shall provide for periodic national evaluations,

25 at least every two years, of the quality and impact of pro26 grams under this title and other programs designed to pre-
353

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1 vent drugs and violence in schools and submit a report

2 of the findings of such evaluations to the President and

3 Congress.

4 ‘‘(2)(A) The National Center for Education Statistics

5 shall collect data to determine the frequency, seriousness,

6 and incidence of violence in elementary and secondary

7 schools in the States. The Secretary shall collect the data

8 using, wherever appropriate, data submitted by the States

9 pursuant to subsection (b)(1)(B).

10 ‘‘(B) The Secretary shall report to Congress on the

11 data collected under this paragraph, together with such

12 recommendations as the Secretary determines appro13 priate.

14 ‘‘(3) The Secretary of Education and the Attorney

15 General shall publish annual reports on school safety.

16 ‘‘(b) STATE REPORTS.—(1) The Governor and State

17 educational agency of each State shall annually report to

18 the Secretary, in such form as the Secretary may require,

19 on the State’s progress toward attaining its performance

20 indicators, required under section 4112(a)(1)(c)(ii), for

21 achieving drug-free, safe, and orderly learning environ22 ments in its schools. Annual reports shall—

23 ‘‘(A) be based on the State’s ongoing evaluation

24 activities;
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1 ‘‘(B) include data on the prevalence and inci2 dence of drug use and violence by youth in schools

3 and communities;

4 ‘‘(C) address the implementation and outcomes

5 of State and local programs under this part, as well

6 as their effectiveness; and

7 ‘‘(D) be made readily available to the public.

8 ‘‘(2) Each State shall report to the Secretary, in such

9 form as the Secretary, in consultation with the Secretary

10 of Health and Human Services, may require, all school11 related suicides and homicides within the State within 30

12 days of the incident.

13 ‘‘(c) LOCAL REPORTS.—(1)(A) Each local edu14 cational agency that receives a subgrant under section

15 4113(c)(2) or section 4113(c)(3) shall report annually to

16 the State educational agency and the public on—

17 ‘‘(i) the local educational agency’s progress to18 ward meeting its results-based performance indica19 tors for its program;

20 ‘‘(ii) the results of its on-going evaluation of its

21 program; and

22 ‘‘(iii) any problems the local educational agency

23 has encountered in implementing its program that

24 warrant the provision of technical assistance by the

25 State educational agency.
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1 ‘‘(B) The State educational agency shall review the

2 annual reports described under paragraph (1) and shall

3 not provide funding for the second or third year of a local

4 educational agency’s program unless it determines that

5 the local educational agency is making reasonable progress

6 toward meeting its objectives.

7 ‘‘(2)(A) Each recipient of funds under section

8 4115(c) shall report annually to the Governor and to the

9 public on—

10 ‘‘(i) its progress toward meeting its results11 based performance measures for its program;

12 ‘‘(ii) the results of its on-going evaluation of its

13 program; and

14 ‘‘(iii) any problems it encountered in imple15 menting its program that warrant the provision of

16 technical assistance by the Governor.

17 ‘‘(B) The Governor shall review the annual reports

18 described under subparagraph (A), and shall not provide

19 funding for subsequent years of a multi-year program un20 less the Governor determines that the recipient is making

21 reasonable progress toward meeting its objectives.

22 ‘‘PART B—NATIONAL PROGRAMS

23 ‘‘NATIONAL ACTIVITIES

24 ‘‘SEC. 4211. (a) PROGRAM AUTHORIZED.—From

25 funds appropriated to carry out this part for each fiscal
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1 year under section 4004(2), the Secretary shall carry

2 out—

3 ‘‘(1) programs designed to promote drug-free,

4 safe, and orderly learning environments for students

5 at all educational levels, from preschool through the

6 postsecondary level; and

7 ‘‘(2) programs for such students that promote

8 lifelong physical activity.

9 ‘‘(b) DRUG-FREE, SAFE, AND ORDERLY LEARNING

10 ENVIRONMENTS.—(1) The Secretary may carry out the

11 programs described in subsection (a)(1) directly, or

12 through grants, contracts, or cooperative agreements with

13 public and private agencies, organizations, and individ14 uals, or through agreements with other Federal agencies,

15 and shall coordinate with other Federal agencies, as ap16 propriate.

17 ‘‘(2) Programs under this subsection may include,

18 but are not limited to—

19 ‘‘(A) one or more centers to provide training

20 and technical assistance for teachers, school admin21 istrators and staff, and others on the identification

22 and implementation of effective strategies to pro23 mote safe, orderly, and drug-free learning environ24 ments;
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1 ‘‘(B) programs to train teachers in innovative

2 techniques and strategies of effective drug and vio3 lence prevention;

4 ‘‘(C) research and demonstration projects to

5 test innovative approaches to drug and violence pre6 vention;

7 ‘‘(D) evaluations of the effectiveness of pro8 grams funded under this title, or other programs de9 signed to create safe, disciplined, and drug-free envi10 ronments;

11 ‘‘(E) direct services and technical assistance to

12 schools and school systems, including those afflicted

13 with especially severe drug and violence problems;

14 ‘‘(F) developing and disseminating drug and vi15 olence prevention materials and information in print,

16 audiovisual, or electronic format, including informa17 tion about effective research-based programs, poli18 cies, practices, strategies, and curriculum and other

19 relevant materials to support drug and violence pre20 vention education;

21 ‘‘(G) recruiting, hiring, and training program

22 coordinators to assist school districts in imple23 menting high-quality, effective, research-based drug

24 and violence prevention programs;
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1 ‘‘(H) the development and provision of edu2 cation and training programs, curricula, instruc3 tional materials, and professional training for pre4 venting and reducing the incidence of crimes or con5 flicts motivated by bullying, hate, prejudice, intoler6 ance, or sexual harassment and abuse;

7 ‘‘(I) programs for youth who are out of the edu8 cation mainstream, including school dropouts, stu9 dents who have been suspended or expelled from

10 their regular education program, and runaway or

11 homeless children and youth;

12 ‘‘(J) programs implemented in conjunction with

13 other Federal agencies that support local educational

14 agencies and communities in developing and imple15 menting comprehensive programs that create safe,

16 disciplined, and drug-free learning environments and

17 promote healthy childhood development;

18 ‘‘(K) services and activities that reduce the

19 need for suspension and expulsion in maintaining

20 classroom order and discipline;

21 ‘‘(L) services and activities to prevent and re22 duce truancy;

23 ‘‘(M) programs to provide counseling services to

24 troubled youth, including support for the recruit-
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1 ment and hiring of counselors and the operation of

2 telephone help lines; and

3 ‘‘(N) other activities that meet emerging or

4 unmet national needs consistent with the purposes of

5 this title.

6 ‘‘(c) LIFELONG PHYSICAL ACTIVITY PROGRAMS.—

7 (1) The Secretary may carry out the programs described

8 in subsection (a)(2) directly, or through grants, contracts,

9 or cooperative agreements with public and private agen10 cies, organizations, and individuals, or through agree11 ments with other Federal agencies, and shall coordinate

12 with the Centers for Disease Control and Prevention, the

13 President’s Council on Physical Fitness, and other Fed14 eral agencies, as appropriate.

15 ‘‘(2) Programs under this subsection may include,

16 but are not limited to—

17 ‘‘(A) the conduct of demonstrations of school18 based programs that promote lifelong physical activ19 ity, with a particular emphasis on physical education

20 programs that are part of coordinated school health

21 programs, that promote healthy, drug-free lifestyles;

22 ‘‘(B) training, technical assistance, and other

23 activities to encourage States and local educational

24 agencies to implement sound school-based programs
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1 that promote lifelong physical activity and healthy

2 lifestyles; and

3 ‘‘(C) activities designed to build State capacity

4 to provide leadership and strengthen schools’ capa5 bilities to provide school-based programs that pro6 mote lifelong physical activity and healthy lifestyles.

7 ‘‘(d) PEER REVIEW.—The Secretary shall use a peer

8 review process in reviewing applications for funds under

9 this section.

10 ‘‘PART C—SCHOOL EMERGENCY RESPONSE TO

11 VIOLENCE

12 ‘‘PROJECT SERV

13 ‘‘SEC. 4311. (a) PROJECT SERV.—(1) From funds

14 appropriated to carry out this part for each fiscal year

15 under section 4004(3), the Secretary is authorized to

16 carry out a program of providing education-related serv17 ices to local educational agencies in which the learning en18 vironment has been disrupted due to a violent or traumatic

19 crisis, such as a shooting or major accident. Such program

20 may be referred to as ‘Project SERV.—

21 ‘‘(2) The Secretary may carry out Project SERV di22 rectly, or through grants, contracts, or cooperative agree23 ments with public and private organizations, agencies, and

24 individuals, or through agreements with other Federal

25 agencies.
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1 ‘‘(b) AUTHORIZED ACTIVITIES.—(1) Project SERV

2 may provide—

3 ‘‘(A) assistance to school personnel in assessing

4 a crisis situation, including—

5 ‘‘(i) assessing the resources available to the

6 local educational agency and community to re7 spond to the situation; and

8 ‘‘(ii) developing a response plan to coordi9 nate services provided at the Federal, State,

10 and local level;

11 ‘‘(B) mental health crisis counseling to students

12 and their families, teachers, and others in need of

13 such services;

14 ‘‘(C) increased school security;

15 ‘‘(D) training and technical assistance for State

16 and local educational agencies, State and local men17 tal health agencies, State and local law enforcement

18 agencies, and communities to enhance their capacity

19 to develop and implement crisis intervention plans;

20 ‘‘(E) services and activities designed to identify

21 and disseminate the best practices of school- and

22 community-related plans for responding to crises;

23 and

24 ‘‘(F) other needed services and activities that

25 are consistent with the purposes of this part.
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1 ‘‘(2) The Secretary, in consultation with the Attorney

2 General, the Secretary of Health and Human Services,

3 and the Director of the Federal Emergency Management

4 Agency—

5 ‘‘(A) shall establish such criteria and applica6 tion requirements as may be needed to select which

7 local educational agencies are assisted under this

8 part; and

9 ‘‘(B) may establish such reporting requirements

10 as may be needed to collect uniform data and other

11 information from all local educational agencies as12 sisted under this part.

13 ‘‘(c) COORDINATING COMMITTEE.—(1) There shall

14 be established a Federal coordinating committee on school

15 crises comprised of the Secretary, the Attorney General,

16 the Secretary of Health and Human Services, the Director

17 of the Federal Emergency Management Agency, the Di18 rector of the Office of National Drug Control Policy, and

19 such other members as the Secretary shall determine. The

20 Secretary shall serve as chair of the Committee.

21 ‘‘(2) The Committee shall coordinate the Federal re22 sponses to crises that occur in schools or directly affect

23 the learning environment in schools.
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1 ‘‘PART D—RELATED PROVISIONS

2 ‘‘GUN-FREE SCHOOLS ACT

3 ‘‘SEC. 4411. (a) SHORT TITLE.—This section may be

4 cited as the ‘Gun-Free Schools Act’.

5 ‘‘(b) REQUIREMENTS.—(1) Each State receiving

6 Federal funds under the Elementary and Secondary Edu7 cation Act of 1965 shall have in effect a State law requir8 ing local educational agencies to expel from school, for a

9 period of not less than one year, a student who is deter10 mined to have possessed a firearm at school under the ju11 risdiction of a local educational agency in that State, ex12 cept that such State law shall allow the chief admin13 istering officer of that local educational agency to modify

14 the expulsion requirement for a student on a case-by-case

15 basis.

16 ‘‘(2) For the purpose of this section, the term ‘fire17 arm’ has the same meaning given that term in section 921

18 of title 18, United States Code (which includes bombs).

19 ‘‘(c) SPECIAL RULE.—This section shall be construed

20 in a manner consistent with the Individuals with Disabil21 ities Education Act.

22 ‘‘(d) REPORT TO STATE.—Each local educational

23 agency requesting assistance from the State educational

24 agency under this Act shall provide to the State in its

25 application—
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1 ‘‘(1) an assurance that such local educational

2 agency is in compliance with the State law required

3 by subsection (b);

4 ‘‘(2) a description of the circumstances sur5 rounding any expulsions imposed under the State

6 law required by subsection (b), including—

7 ‘‘(A) the name of the school concerned;

8 ‘‘(B) the number of students expelled from

9 such school (disaggregated by gender, race, eth10 nicity, and educational level); and

11 ‘‘(C) the type of weapons concerned; and

12 ‘‘(3) the number of—

13 ‘‘(A) students referred to the criminal jus14 tice or juvenile justice system as required in

15 section 4412(a)(1); and

16 ‘‘(B) instances in which the chief admin17 istering officer of a local educational agency

18 modified the expulsion requirement described in

19 subsection (b)(1) on a case-by-case basis.

20 ‘‘(e) REPORTING.—Each State shall report the infor21 mation described in subsection (d) to the Secretary on an

22 annual basis.

23 ‘‘LOCAL POLICIES

24 ‘‘SEC. 4412. (a) REQUIRED POLICIES.—No funds

25 shall be made available under the Elementary and Sec-
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1 ondary Education Act of 1965 to any local educational

2 agency unless that agency has a policy ensuring—

3 ‘‘(1) that any student who possesses a firearm

4 at school served by such agency is referred to the

5 criminal justice or juvenile justice system;

6 ‘‘(2) that a student described in paragraph (1)

7 is referred to a mental health professional for as8 sessment as to whether he or she poses an imminent

9 threat of harm to himself, herself, or others and

10 needs appropriate mental health services before re11 admission to school; and

12 ‘‘(3) that a student under paragraph (1) who

13 has been determined by a mental health professional

14 to pose an imminent threat of harm to himself, her15 self, or others receive, in addition to appropriate

16 services under section 11206(9) of this Act, appro17 priate mental health services before being permitted

18 to return to school.

19 ‘‘(b) SPECIAL RULE.—This section shall be construed

20 in a manner consistent with the Individuals with Disabil21 ities Education Act.

22 ‘‘(c) DEFINITIONS.—For the purposes of this section,

23 the terms ‘firearm’ and ‘school’ have the same meaning

24 given those terms in section 921(a) of title 18, United

25 States Code.
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1 ‘‘MATERIALS

2 ‘‘SEC. 4413. (a) ‘WRONG AND HARMFUL MES3 SAGE’.—Drug prevention programs supported under this

4 title shall convey a clear and consistent message that the

5 illegal use of alcohol and other drugs is wrong and harm6 ful.

7 ‘‘(b) CURRICULUM.—The Secretary shall not pre8 scribe the use of particular curricula for programs under

9 this title, but may evaluate and disseminate information

10 about the effectiveness of such curricula and programs.

11 ‘‘PROHIBITED USES OF FUNDS

12 ‘‘SEC. 4414. No funds under this title may be used

13 for—

14 ‘‘(1) construction (except for minor remodeling

15 needed to accomplish the purposes of this part); and

16 ‘‘(2) medical services or drug treatment or re17 habilitation, except for pupil services or referral to

18 treatment for students who are victims of, or wit19 nesses to, crime or who use alcohol, tobacco, or

20 drugs.’’

21 ‘‘DRUG-FREE, ALCOHOL-FREE, AND TOBACCO-FREE

22 SCHOOLS

23 ‘‘SEC. 4415. (a) REQUIRED POLICY.—Each State

24 educational agency and local educational agency that re25 ceives funds under this title shall have a policy that pro26 hibits the possession or use of tobacco, and the illegal pos-
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1 session or use of drugs and alcohol, in any form, at any

2 time, and by any person, in school buildings, on school

3 grounds, or at any school-sponsored event.

4 ‘‘(b) ASSURANCE.—Each local educational agency re5 questing assistance under this title from the State edu6 cational agency shall include in its application an assur7 ance that it is in compliance with the requirements of this

8 section.

9 ‘‘(c) STATE REPORTING.—Each State educational

10 agency shall report to the Secretary on an annual basis

11 if any local educational agency is not in compliance with

12 the requirements of subsection (a).

13 ‘‘PROHIBITION ON SUPPLANTING

14 ‘‘SEC. 4416. Funds under this title shall be used to

15 increase the level of State, local, and other non-Federal

16 funds that would, in the absence of funds under this title,

17 be made available for programs and activities authorized

18 under this title, and in no case to supplant such State,

19 local, and other non-Federal funds.

20 ‘‘DEFINITIONS OF TERMS

21 ‘‘SEC. 4417. As used in this title—

22 ‘‘(1) the term ‘drug and violence prevention’

23 means—

24 ‘‘(A) with respect to drugs, prevention,

25 early intervention, rehabilitation, referral, or

26 education related to the illegal use of alcohol
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1 and the use of controlled, illegal, addictive, or

2 harmful substances, including inhalants and an3 abolic steroids;

4 ‘‘(B) prevention, early intervention, smok5 ing cessation activities, or education related to

6 the use of tobacco by children and youth eligible

7 for services under this title; and

8 ‘‘(C) with respect to violence, the pro9 motion of school safety, such that students and

10 school personnel are free from violent and dis11 ruptive acts, including sexual harassment and

12 abuse and victimization associated with preju13 dice and intolerance, on school premises, going

14 to and from school, and at school-sponsored ac15 tivities, through the creation and maintenance

16 of a school environment that is free of weapons

17 and fosters individual responsibility and respect

18 for the rights of others;

19 ‘‘(2) the terms ‘drug treatment’ and ‘drug reha20 bilitation’ include activities to assist regular users of

21 drugs to become drug-free, but do not include alter22 native education programs for students expelled

23 from school, student assistance programs, or pro24 grams to help students who have been expelled to re-
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1 enter and succeed in their regular education pro2 gram;

3 ‘‘(3) the term ‘hate crime’ means a crime de4 scribed in section 1(b) of the Hate Crime Statistics

5 Act of 1990; and

6 ‘‘(4) the term ‘medical services’ includes, but is

7 not limited to, the diagnosis and treatment of dis8 ease, illness, or injury, but does not include assess9 ments by mental health professionals to determine

10 whether a student poses an imminent threat of harm

11 to himself or others.’’.

12 TITLE V—PROMOTING EQUITY, EXCELLENCE,

13 AND PUBLIC SCHOOL CHOICE

14 RENAMING THE TITLE

15 SEC. 501. The heading for Title V of the ESEA is

16 amended to read as follows: ‘‘TITLE V—PROMOTING

17 EQUITY, EXCELLENCE, AND PUBLIC SCHOOL

18 CHOICE’’.

19 AMENDMENTS TO THE MAGNET SCHOOLS ASSISTANCE

20 PROGRAM

21 SEC. 502. (a) FINDINGS.—Section 5101 of the ESEA

22 is amended to read as follows:

23 ‘‘FINDINGS

24 ‘‘SEC. 5101. The Congress finds as follows:
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1 ‘‘(1) Magnet schools are a significant part of

2 our Nation’s effort to achieve voluntary desegrega3 tion in our Nation’s schools.

4 ‘‘(2) It is in the national interest to desegregate

5 and diversify those schools in our Nation that are

6 racially, economically, linguistically, or ethnically

7 segregated. Such segregation exists between minority

8 and non-minority students as well as among stu9 dents of different minority groups.

10 ‘‘(3) Desegregation can help increase rates of

11 high school graduation and college attendance, and

12 can promote better occupational prospects for stu13 dents who have attended integrated schools.

14 ‘‘(4) Desegregation can provide students with

15 valuable experience that prepares them to function

16 in a diverse society and can help break down long17 standing patterns of racial isolation in adult social

18 relationships.

19 ‘‘(5) Despite ongoing desegregation efforts in

20 the Nation—

21 ‘‘(A) almost one-third of our elementary

22 and secondary schools continue to be schools

23 with 50 percent or more minority students;

24 ‘‘(B) more than two-thirds of minority stu25 dents attend schools with 50 percent or more
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1 minority students, and almost half of minority

2 students attend schools with 75 percent or more

3 minority students;

4 ‘‘(C) almost one-third of non-minority stu5 dents attend schools with less than 10 percent

6 minority students;

7 ‘‘(D) almost one-quarter of African-Amer8 ican students attend schools with 90 percent or

9 more African-American students; and

10 ‘‘(E) almost one-third of Hispanic students

11 attend schools with 75 percent or more His12 panic students.

13 ‘‘(6) Local educational agencies’’ use of magnet

14 schools has increased dramatically since the enact15 ment of the Magnet Schools Assistance program,

16 thus increasing public school options for the approxi17 mately two million students nationwide now attend18 ing such schools, of which more than 65 percent of

19 the students are minority.

20 ‘‘(7) Magnet schools offer a wide range of dis21 tinctive programs that have served as models for

22 school improvement efforts.

23 ‘‘(8) In administering the Magnet Schools As24 sistance program, the Federal Government has

25 learned that—
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1 ‘‘(A) where magnet programs are imple2 mented for only a portion of a school’s student

3 body, special efforts must be made to discour4 age the isolation of—

5 ‘‘(i) magnet school students from

6 other students in the school; and

7 ‘‘(ii) students by racial characteristics;

8 ‘‘(B) local educational agencies can maxi9 mize their effectiveness in achieving the pur10 poses of the Magnet Schools Assistance pro11 gram if they have more flexibility in the admin12 istration of the program in order to serve stu13 dents attending a school who are not enrolled in

14 the magnet program;

15 ‘‘(C) local educational agencies must be

16 creative in designing magnet schools for stu17 dents at all academic levels, so that those

18 schools do not serve only the highest-achieving

19 students;

20 ‘‘(D) consistent with desegregation guide21 lines, local educational agencies must seek to

22 enable participation in magnet school programs

23 by students who reside in the neighborhoods

24 where the programs operate;
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1 ‘‘(E) in order to ensure that magnet

2 schools are sustained after Federal funding

3 ends, the Federal Government must assist

4 school districts to improve their capacity to con5 tinue operating magnet schools at a high level

6 of performance; and

7 ‘‘(F) magnet schools and interdistrict mag8 net programs have provided poor and minority

9 students opportunities to succeed academically

10 and continue with college or productive employ11 ment.

12 ‘‘(9) It is in the best interest of the Federal

13 Government to—

14 ‘‘(A) continue Federal support of school

15 districts implementing court-ordered desegrega16 tion plans and school districts seeking to foster

17 meaningful interaction among students of dif18 ferent racial and ethnic backgrounds, beginning

19 at the earliest stage of their education;

20 ‘‘(B) help ensure that all students have eq21 uitable access to high-quality education that will

22 prepare them to function well in a culturally di23 verse, technologically oriented, and highly com24 petitive global community; and
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1 ‘‘(C) help maximize the ability of local edu2 cational agencies to plan, develop, implement

3 and continue effective and innovative magnet

4 schools that contribute to State and local sys5 temic reform.’’.

6 (b) PURPOSE.—Section 5102(3) of the ESEA is

7 amended to read as follows:

8 ‘‘(3) the development and design of innovative

9 educational methods and practices that promote di10 versity and increase choices in public elementary and

11 secondary schools and educational programs; and’’.

12 (c) APPLICATION REQUIREMENTS.—Section

13 5106(b)(1)(D) of the ESEA is amended by—

14 (1) striking out ‘‘under this Act, the Goals

15 2000: Educate America Act,’’ and inserting in lieu

16 thereof ‘‘under this Act,’’; and

17 (2) striking out ‘‘section 14306’’ and inserting

18 in lieu thereof ‘‘section 14307’’.

19 (d) PRIORITY.—Section 5107 of the ESEA is amend20 ed by—

21 (1) striking out paragraphs (1) and (5);

22 (2) redesignating paragraphs (2), (3), and (4)

23 as paragraphs (1), (2), and (3), respectively; and

24 (3) adding a new paragraph (4) to read as fol25 lows:
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1 ‘‘(4) propose activities, which may include pro2 fessional development, that will build local capacity

3 to operate the magnet program once Federal assist4 ance has ended.’’.

5 (e) USES OF FUNDS.—Section 5108(a) of the ESEA

6 is amended—

7 (1) by amending paragraph (3) to read as fol8 lows:

9 ‘‘(3) for the payment, or subsidization of the

10 compensation, of—

11 ‘‘(A) elementary and secondary school

12 teachers who are certified or licensed by the

13 State; and

14 ‘‘(B) instructional staff who have—

15 ‘‘(i) expertise and professional skills

16 necessary for the conduct of programs in

17 magnet schools; or

18 ‘‘(ii) demonstrate knowledge, experi19 ence, or skills in the relevant field of exper20 tise, such as expertise in the performing

21 arts, the medical sciences, or the field of

22 law;’’;

23 (2) in paragraph (4), by striking out the period

24 and inserting in lieu thereof a semicolon and ‘‘and’’;

25 and
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1 (3) by adding a new paragraph (5) to read as

2 follows:

3 ‘‘(5) for activities, which may include profes4 sional development, that will build the applicant’s

5 capacity to operate the magnet program once Fed6 eral assistance has ended.’’.

7 (f) REPEAL.—Section 5111 of the ESEA is repealed.

8 (g) EVALUATION, TECHNICAL ASSISTANCE, AND DIS9 SEMINATION.—Section 5112 of the ESEA is—

10 (1) redesignated as section 5111; and

11 (2) amended, as redesignated by paragraph (1),

12 to read as follows:

13 ‘‘EVALUATION, TECHNICAL ASSISTANCE, AND

14 DISSEMINATION

15 ‘‘SEC. 5111. The Secretary may reserve not more

16 than five percent of the funds appropriated under section

17 5112(a) for any fiscal year—

18 ‘‘(1) for evaluations of magnet school programs

19 assisted under this part, which, at a minimum, shall

20 address—

21 ‘‘(A) how, and the extent to which, magnet

22 school programs lead to high educational qual23 ity and improvement;

24 ‘‘(B) the extent to which magnet school

25 programs enhance student access to high-qual26 ity education;
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1 ‘‘(C) the extent to which magnet school

2 programs lead to the elimination, reduction, or

3 prevention of minority group isolation in ele4 mentary and secondary schools with substantial

5 proportions of minority students;

6 ‘‘(D) the extent to which magnet school

7 programs differ from other school programs in

8 terms of organizational characteristics and re9 source allocations; and

10 ‘‘(E) the extent to which magnet school

11 programs continue once grant assistance under

12 this part ends;

13 ‘‘(2) to provide technical assistance to appli14 cants and grantees; and

15 ‘‘(3) to collect and disseminate information on

16 successful magnet school programs.’’.

17 (h) AUTHORIZATION OF APPROPRIATIONS.—(1) Sec18 tion 5113(a) of the ESEA is amended to read as follows:

19 ‘‘(a) AUTHORIZATION.—For the purpose of carrying

20 out this part, there are authorized to be appropriated such

21 sums as may be necessary for fiscal year 2001 and for

22 each of the four succeeding fiscal years.’’.

23 (2) Section 5113 of the ESEA, as amended by para24 graph (1), is redesignated as section 5112.
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1 AMENDMENTS TO AND REDESIGNATION OF THE WOMEN’S

2 EDUCATIONAL EQUITY PROGRAM

3 SEC. 503. (a) AMENDMENTS TO THE WOMEN’S EDU4 CATIONAL EQUITY PROGRAM.—(1) Section 5201 of the

5 ESEA is amended—

6 (A) in subsection (a), by striking out ‘‘of

7 1994’’; and

8 (B) in subsection (b)(3)—

9 (i) in paragraph (B), by striking out ‘‘do

10 not’’ and inserting in lieu thereof ‘‘continue not

11 to’’; and

12 (ii) by amending paragraph (C) to read as

13 follows:

14 ‘‘(C) girls lose confidence in their mathe15 matics and science ability as they move through

16 adolescence, girls do not take as many upper17 level mathematics and science courses as boys,

18 and girls are dramatically underrepresented in

19 higher-level computer science courses;’’.

20 (2) Section 5204 of the ESEA is amended—

21 (A) by striking out ‘‘section 5203(b)(1)’’ each

22 place it appears and inserting in lieu thereof ‘‘sec23 tion 5403(b)(2)(A)’’ in each such place;
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1 (B) in paragraph (2), by striking out ‘‘the Na2 tional Education Goals’’ and inserting in lieu thereof

3 ‘‘America’s Education Goals’’;

4 (C) by striking out paragraph (4); and

5 (D) by redesignating paragraphs (5) through

6 (7) as paragraphs (4) through (6), respectively.

7 (3) Section 5205(a)(1) of the ESEA is amended by

8 striking out ‘‘section 5203(b)’’ and inserting in lieu there9 of ‘‘section 5403(b)’’.

10 (4) Section 5206 of the ESEA is repealed.

11 (5) Section 5207 of the ESEA is amended—

12 (A) by striking out subsection (a); and

13 (B) in subsection (b), by striking out the sub14 section designation and heading.

15 (6) Section 5208 is amended to read as follows:

16 ‘‘AUTHORIZATION OF APPROPRIATIONS

17 ‘‘SEC. 5208. For the purpose of carrying out this

18 part, there are authorized to be appropriated such sums

19 as may be necessary for fiscal year 2001 and for each of

20 the four succeeding fiscal years.’’.

21 (b) REDESIGNATION.—(1) Part B of title V of the

22 ESEA is redesignated as part D.

23 (2) Sections 5201, 5202, 5203, 5204, 5205, 5207,

24 and 5208 of the ESEA are redesignated as sections 5401,

25 5402, 5403, 5404, 5405, 5406, and 5407, respectively.
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1 REPEAL OF THE ASSISTANCE TO ADDRESS SCHOOL

2 DROPOUT PROBLEMS PROGRAM

3 SEC. 504. Part C of title V of the ESEA is repealed.

4 REDESIGNATION OF THE PUBLIC CHARTER SCHOOLS

5 PROGRAM

6 SEC. 505. (a) REDESIGNATION.—(1) Part C of title

7 X of the ESEA is redesignated as part B of title V of

8 the ESEA.

9 (2) The heading for Part B of Title V of the ESEA,

10 as redesignated by paragraph (1), is amended to read as

11 follows:

12 ‘‘PART B—PUBLIC CHARTER SCHOOLS’’.

13 (3) Sections 10301 through 10311 of the ESEA are

14 redesignated as sections 5201 through 5211 of title V of

15 the ESEA, respectively.

16 (b) CONFORMING AMENDMENTS.—(1) Section 5202

17 of the ESEA, as redesignated by subsection (a)(3), is

18 amended—

19 (A) in subsection (a), by striking out ‘‘section

20 10303’’ and inserting in lieu thereof ‘‘section 5203’’;

21 (B) in subsection (b), by—

22 (i) striking out ‘‘section 10303’’ and in23 serting in lieu thereof ‘‘section 5203’’; and

24 (ii) striking out ‘‘section 10303(c)’’ and in25 serting in lieu thereof ‘‘section 5203(c)’’;
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1 (C) in subsection (c)(2)(C), by striking out

2 ‘‘section 10304(f)(6)(B)’’ and inserting in lieu there3 of ‘‘section 5204(f)(6)(B)’’; and

4 (D) in subsection (e)(1), by striking out ‘‘sec5 tion 10311’’ each place it appears and inserting in

6 lieu thereof ‘‘section 5211’’.

7 (2) Section 5203 of the ESEA, as redesignated by

8 subsection (a)(3), is amended—

9 (A) in subsection (b)(3)(L), by striking out

10 ‘‘section 10302(c)(2)(C)’’ and inserting in lieu there11 of ‘‘section 5202(c)(2)(C)’’;

12 (B) in subsection (c), by striking out ‘‘section

13 10302(e)(1) or 10302(b)’’ and inserting in lieu

14 thereof ‘‘section 5202(b)’’; and

15 (C) in subsection (d)(2)(B), by striking out

16 ‘‘section 10304(e)’’ and inserting in lieu thereof

17 ‘‘section 5204(e)’’.

18 (3) Section 5204 of the ESEA, as redesignated by

19 subsection (a)(3), is amended—

20 (A) in subsection (a)—

21 (i) in the matter before paragraph (1), by

22 striking out ‘‘section 10303(b)’’ and inserting

23 in lieu thereof ‘‘section 5203(b)’’; and
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1 (ii) in paragraph (7), by striking out ‘‘sec2 tion 10302(c)(2)(C)’’ and inserting in lieu

3 thereof ‘‘section 5202(c)(2)(C)’’;

4 (B) in subsection (b)(7), by striking out ‘‘sec5 tion 10302(c)(2)(C)’’ and inserting in lieu thereof

6 ‘‘section 5202(c)(2)(C)’’; and

7 (C) in subsection (e), by striking out ‘‘section

8 10310(1)’’ and inserting in lieu thereof ‘‘section

9 5210(1)’’.

10 OPTIONS: OPPORTUNITIES TO IMPROVE OUR NATION’S

11 SCHOOLS

12 SEC. 506. Title V of the ESEA is further amended

13 by adding a new part C to read as follows:

14 ‘‘PART C—OPTIONS: OPPORTUNITIES TO IMPROVE OUR

15 NATION’S SCHOOLS

16 ‘‘FINDINGS; PURPOSE

17 ‘‘SEC. 5301. (a) FINDINGS.—The Congress finds

18 that—

19 ‘‘(1) a wide variety of educational opportunities

20 and options in the public school system is needed to

21 help all children achieve to high standards;

22 ‘‘(2) high-quality public school choice programs

23 that are genuinely open and accessible to all stu24 dents (including poor, minority, limited English pro25 ficient, and disabled students) broaden educational

26 opportunities and promote excellence in education;
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1 ‘‘(3) current research shows that—

2 ‘‘(A) students learn in different ways, ben3 efiting from different teaching methods and in4 structional settings; and

5 ‘‘(B) family involvement in a child’s edu6 cation (such as helping choose what courses to

7 take) is a key factor supporting student

8 achievement;

9 ‘‘(4) public school systems have begun to de10 velop a variety of innovative programs that offer ex11 panded choices to parents and students; and

12 ‘‘(5) the Federal Government should support

13 and expand efforts to give students and parents the

14 high-quality public school choices they seek, to help

15 eliminate barriers to effective public school choice,

16 and to disseminate the lessons learned from high17 quality choice programs so that all public schools

18 can benefit from these efforts.

19 ‘‘(b) PURPOSE.—It is the purpose of this part to

20 identify and support innovative approaches to high-quality

21 public school choice by providing financial assistance for

22 the demonstration, development, implementation, and

23 evaluation of, and dissemination of information about,

24 public school choice projects that stimulate educational in-
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1 novation for all public schools and contribute to standards2 based school reform efforts.

3 ‘‘GRANTS

4 ‘‘SEC. 5302. (a) IN GENERAL.—From funds appro5 priated under section 5305(a) and not reserved under sec6 tion 5305(b), the Secretary is authorized to make grants

7 to State and local educational agencies to support pro8 grams that promote innovative approaches to high-quality

9 public school choice.

10 ‘‘(b) DURATION.—Grants under this part shall not

11 exceed three years.

12 ‘‘USES OF FUNDS

13 ‘‘SEC. 5303. (a) USES OF FUNDS.—(1) Funds under

14 this part may be used to demonstrate, develop, implement,

15 evaluate, and disseminate information on innovative ap16 proaches to broaden public school choice, including the de17 sign and development of new public school choice options,

18 the development of new strategies for overcoming barriers

19 to effective public school choice, and the design and devel20 opment of public school choice systems that promote high

21 standards for all students and the continuous improve22 ment of all public schools.

23 ‘‘(2) Examples of such approaches at the school, dis24 trict, and State levels are—

25 ‘‘(A) inter-district approaches to public school

26 choice, including approaches that increase equal ac-
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1 cess to high-quality educational programs and diver2 sity in schools;

3 ‘‘(B) public elementary and secondary programs

4 that involve partnerships with institutions of higher

5 education and that are located on the campuses of

6 those institutions;

7 ‘‘(C) programs that allow students in public

8 secondary schools to enroll in postsecondary courses

9 and to receive both secondary and postsecondary

10 academic credit;

11 ‘‘(D) worksite satellite schools, in which State

12 or local educational agencies form partnerships with

13 public or private employers, to create public schools

14 at parents’ places of employment; and

15 ‘‘(E) approaches to school desegregation that

16 provide students and parents choice through strate17 gies other than magnet schools.

18 ‘‘(b) LIMITATIONS.—Funds under this part shall—

19 ‘‘(1) supplement, and not supplant, non-Federal

20 funds expended for existing programs;

21 ‘‘(2) not be used for transportation; and

22 ‘‘(3) not be used to fund projects that are spe23 cifically authorized under part A or B of this title.

24 ‘‘GRANT APPLICATION; PRIORITIES

25 ‘‘SEC. 5304. (a) APPLICATION REQUIRED.—A State

26 or local educational agency desiring to receive a grant
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1 under this part shall submit an application to the Sec2 retary, in such form and containing such information, as

3 the Secretary may require.

4 ‘‘(b) APPLICATION CONTENTS.—Each application

5 shall include—

6 ‘‘(1) a description of the program for which

7 funds are sought and the goals for such program;

8 ‘‘(2) a description of how the program funded

9 under this part will be coordinated with, and will

10 complement and enhance, programs under other re11 lated Federal and non-federal projects;

12 ‘‘(3) if the program includes partners, the name

13 of each partner and a description of its responsibil14 ities;

15 ‘‘(4) a description of the policies and procedures

16 the applicant will use to ensure—

17 ‘‘(A) its accountability for results, includ18 ing its goals and performance indicators; and

19 ‘‘(B) that the program is open and acces20 sible to, and will promote high academic stand21 ards for, all students.

22 ‘‘(c) PRIORITIES.—(1) The Secretary shall give a pri23 ority to applications for projects that would serve high24 poverty local educational agencies.
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1 ‘‘(2) The Secretary is authorized to give a priority

2 to applications demonstrating that the applicant will carry

3 out its project in partnership with one or more public and

4 private agencies, organizations, and institutions, including

5 institutions of higher education and public and private em6 ployers.

7 ‘‘AUTHORIZATION OF APPROPRIATIONS

8 ‘‘SEC. 5305. (a) AUTHORIZATION OF APPROPRIA9 TION.—For the purpose of carrying out this part, there

10 are authorized to be appropriated such sums as may be

11 necessary for fiscal year 2001 and for each of the four

12 succeeding fiscal years.

13 ‘‘(b) RESERVATION FOR EVALUATION, TECHNICAL

14 ASSISTANCE, AND DISSEMINATION.—From the amount

15 appropriated under subsection (a) for any fiscal year, the

16 Secretary may reserve not more than five percent to carry

17 out evaluations under subsection (c), to provide technical

18 assistance, and to disseminate information.

19 ‘‘(c) EVALUATIONS.—The Secretary may use funds

20 reserved under subsection (b) to carry out one or more

21 evaluations of programs assisted under this part, which

22 shall, at a minimum, address—

23 ‘‘(1) how, and the extent to which, the pro24 grams supported with funds under this part promote

25 educational equity and excellence; and
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1 ‘‘(2) the extent to which public schools of choice

2 supported with funds under this part are—

3 ‘‘(A) held accountable to the public;

4 ‘‘(B) effective in improving public edu5 cation; and

6 ‘‘(C) open and accessible to all students.’’.

7 TITLE VI—CLASS-SIZE REDUCTION

8 CLASS-SIZE REDUCTION

9 SEC. 601. Title VI of the ESEA is amended to read

10 as follows:

11 ‘‘FINDINGS

12 ‘‘SEC. 6001. The Congress finds as follows:

13 ‘‘(1) Rigorous research has shown that students

14 attending small classes than students in larger class15 es, and that these achievement gains persist through

16 at least the 8th grade.

17 ‘‘(2) The benefits of smaller classes are greatest

18 for lower-achieving, minority, poor, and inner-city

19 children. One study found that urban fourth-graders

20 in smaller-than-average classes were three-quarters

21 of a school year ahead of their counterparts in larg22 er-than-average classes.

23 ‘‘(3) Teachers in small classes can provide stu24 dents with more individualized attention, spend more

25 time on instruction and less on other tasks, and

26 cover more material effectively, and are better able
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1 to work with parents to further their children’s edu2 cation.

3 ‘‘(4) Smaller classes allow teachers to identify

4 and work sooner with students who have learning

5 disabilities, thereby potentially reducing those stu6 dents’ need for special education services in the later

7 grades.

8 ‘‘(5) The National Research Council report,

9 ‘Preventing Reading Difficulties in Young Children’,

10 recommends reducing class sizes, accompanied by

11 high-quality professional development for teachers,

12 as a strategy for improving student achievement in

13 reading.

14 ‘‘(6) Efforts to improve educational outcomes

15 by reducing class sizes in the early grades are likely

16 to be successful only if well-qualified teachers are

17 hired to fill additional classroom positions and if

18 teachers receive intensive, on-going professional de19 velopment.

20 ‘‘(7) Several States and school districts have

21 begun a serious effort to reduce class sizes in the

22 early elementary grades, but these actions may be

23 impeded by financial limitations or difficulties in hir24 ing highly qualified teachers.
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1 ‘‘(8) The Federal Government can assist in this

2 effort by providing funding for class-size reductions

3 in grades one through three, and by helping to en4 sure that both new and current teachers who are

5 moving into smaller classrooms are well prepared.

6 ‘‘PURPOSE

7 ‘‘SEC. 6002. The purpose of this title is to help States

8 and local educational agencies recruit, train, and hire

9 100,000 additional teachers in order to—

10 ‘‘(1) reduce class sizes nationally, in grades 1 through

11 3, to an average of 18 students per regular classroom; and

12 ‘‘(2) improve teaching in the early grades so

13 that all students can learn to read independently

14 and well by the end of the third grade.

15 ‘‘AUTHORIZATION OF APPROPRIATIONS

16 ‘‘SEC. 6003. For the purpose of carrying out this

17 title, there are authorized to be appropriated such sums

18 as may be necessary for each of the fiscal years 2001

19 through 2005.

20 ‘‘ALLOCATIONS TO STATES

21 ‘‘SEC. 6004. (a) RESERVATION FOR THE OUTLYING

22 AREAS AND THE BUREAU OF INDIAN AFFAIRS.—Of the

23 amount appropriated under section 6003 for any fiscal

24 year, the Secretary shall reserve a total of not more than

25 1 percent to make payments, on the basis of their respec26 tive needs, to—
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1 ‘‘(1) American Samoa, Guam, the Virgin Is2 lands, and the Commonwealth of the Northern Mar3 iana Islands for activities, approved by the Sec4 retary, consistent with this Act; and

5 ‘‘(2) the Secretary of the Interior for activities

6 approved by the Secretary, consistent with this Act,

7 in schools operated or supported by the Bureau of

8 Indian Affairs.

9 ‘‘(b) ALLOCATIONS TO STATES.—(1) After reserving

10 funds under subsection (a), the Secretary shall allocate to

11 each State the percentage of the remaining amount that

12 is the greater of the percentage it received for the pre13 ceding fiscal year of the total amount allocated to the

14 States under section 1122 of this Act or section 2202(b)

15 of this Act, as it was in effect before enactment of the

16 Educational Excellence for All Children Act of 1999, or

17 under section 2121 of this Act, as the case may be.

18 ‘‘(2) The Secretary shall ratably reduce the alloca19 tions determined under paragraph (1) as necessary.

20 ‘‘(3) If any State chooses not to participate in the

21 program under this Act, or fails to submit an approvable

22 application, the Secretary shall reallocate its allocation to

23 the remaining States, in accordance with paragraph (1).

24 ‘‘APPLICATIONS

25 ‘‘SEC. 6005. (a) APPLICATION REQUIRED.—The

26 State educational agency of each State desiring to receive
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1 a grant under this title shall submit an application to the

2 Secretary at such time, in such form, and containing such

3 information as the Secretary may require.

4 ‘‘(b) CONTENTS.—Each application shall include—

5 ‘‘(1) the State’s goals for using funds under

6 this title to reduce average class sizes in regular

7 classrooms in grades 1 through 3, including a de8 scription of current class sizes in those grades in the

9 local educational agencies of the State;

10 ‘‘(2) a description of the State educational

11 agency’s plan for allocating program funds within

12 the State;

13 ‘‘(3) a description of how the State will use

14 other funds, including other Federal funds, to re15 duce class sizes and improve teacher quality and

16 reading achievement within the State; and

17 ‘‘(4) an assurance that the State educational

18 agency will submit such reports and information as

19 the Secretary may reasonably require.

20 ‘‘(c) APPROVAL OF APPLICATIONS.—The Secretary

21 shall approve a State’s application if it meets the require22 ments of this section and holds reasonable promise of

23 achieving the purposes of this Act.

24 ‘‘WITHIN-STATE ALLOCATIONS

25 ‘‘SEC. 6006. (a) ALLOCATIONS TO LOCAL EDU26 CATIONAL AGENCIES.—Each State that receives funds
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1 under this title for any fiscal year may reserve not more

2 than 1 percent of those funds for the cost of administering

3 this title, and shall distribute all remaining funds to local

4 educational agencies, of which—

5 ‘‘(1)(A) 80 percent shall be allocated to local

6 educational agencies in proportion to the relative

7 numbers of children, aged 5 through 17, who reside

8 in the school districts served by those agencies and

9 who are from families with incomes below the pov10 erty line (as defined by the Office of Management

11 and Budget and revised annually in accordance with

12 section 673(2) of the Community Services Block

13 Grant Act (42 U.S.C. 9902)) applicable to a family

14 of the size involved for the most recent fiscal year

15 for which satisfactory data are available; except that

16 ‘‘(B) a State may adjust the data described in

17 subparagraph (A), or use alternative child-poverty

18 data, if it demonstrates to the Secretary’s satisfac19 tion that such adjusted or alternative data more ac20 curately reflect the incidence of children living in

21 poverty in local educational agencies in the State;

22 and

23 ‘‘(2) 20 percent shall be allocated in accordance

24 with the relative enrollments of children, aged 5

25 through 17, in public and private nonprofit elemen-
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1 tary and secondary schools within the boundaries of

2 those agencies.

3 ‘‘(b) REALLOCATION.—If any local educational agen4 cy chooses not to participate in the program under this

5 title, or fails to submit an approvable application, the

6 State educational agency shall reallocate its allocation to

7 the remaining local educational agencies, in accordance

8 with subsection (a).

9 ‘‘LOCAL APPLICATIONS

10 ‘‘SEC. 6007. Each local educational agency that wish11 es to receive a subgrant under section 6006 shall submit

12 an application to the State educational agency that con13 tains a description of its program to reduce class size by

14 hiring additional highly qualified teachers.

15 ‘‘USES OF FUNDS

16 ‘‘SEC. 6008. (a) ADMINISTRATIVE EXPENSES.—Each

17 local educational agency receiving a subgrant under sec18 tion 6006 may use not more than 3 percent of the

19 subgrant funds for any fiscal year for the costs of admin20 istering this title.

21 ‘‘(b) TEACHER TESTING AND PROFESSIONAL DE22 VELOPMENT.—Each local educational agency may use not

23 more than a total of 15 percent of the funds it receives

24 under this title for any fiscal year to—

25 ‘‘(1) assess new teachers for their competency

26 in content knowledge and teaching skills;
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1 ‘‘(2) assist new teachers to take any tests re2 quired to meet State certification requirements; and

3 ‘‘(3) provide professional development to teach4 ers (including teachers of children with disabilities

5 and teachers of children with limited English pro6 ficiency), which it shall coordinate with activities

7 carried out under titles II and VII of this Act, title

8 II of the Higher Education Act of 1965, and the In9 dividuals with Disabilities Education Act, if it is

10 participating in programs funded under those stat11 utes.

12 ‘‘(c) RECRUITING, HIRING, AND TRAINING TEACH13 ERS.—Each local educational agency shall use any funds

14 not expended under subsection (a) or (b) to recruit, hire,

15 and train certified teachers (which may include teachers

16 certified through State and local alternative routes), for

17 the purpose of reducing class size to 18, which may in18 clude hiring special education teachers to team-teach with

19 regular classroom teachers.

20 ‘‘(d) LIMITATION.—No local educational agency may

21 use funds made available under this title to increase the

22 salary of, or to provide benefits (other than participation

23 in professional development and enrichment programs) to,

24 any teacher who is, or has been, employed by the agency.
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1 ‘‘(e) ADDITIONAL USES.—A local educational agency

2 that has already reduced class size in grades 1 through

3 3 to 18 or fewer children may use funds received under

4 this title to—

5 ‘‘(1) make further class-size reductions in

6 grades 1 through 3;

7 ‘‘(2) reduce class size in kindergarten or other

8 grades; or

9 ‘‘(3) carry out activities to improve teacher

10 quality, including professional development.

11 ‘‘(f) SMALL LEAS.—Notwithstanding any other pro12 vision of this section (except for subsection (d)), a local

13 educational agency that receives a subgrant under this

14 section in an amount less than the starting salary for a

15 new teacher in that agency may use the subgrant funds—

16 ‘‘(1) to form a consortium with one or more

17 other local educational agencies for the purpose of

18 reducing class size;

19 ‘‘(2) to help pay the salary of a full or part20 time teacher hired to reduce class size; or

21 ‘‘(3) for professional development related to

22 teaching in smaller classes, if the amount of the

23 subgrant is less than $10,000.

24 ‘‘COST-SHARING REQUIREMENT

25 ‘‘SEC. 6009. (a) FEDERAL SHARE.—(1) The Federal

26 share of the cost of activities carried out under this title
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1 may be up to 100 percent in local educational agencies

2 with child-poverty levels greater than 50 percent, but shall

3 be no more than 65 percent in local educational agencies

4 with child-poverty rates of less than 50 percent.

5 ‘‘(2) In determining the child-poverty rates and Fed6 eral share of individual local educational agencies under

7 paragraph (1), each State shall use the most recent census

8 data that the Secretary finds satisfactory.

9 ‘‘(b) LOCAL SHARE.—A local educational agency

10 shall provide the non-Federal share of a project under this

11 Act through cash expenditures from non-Federal sources,

12 except that if an agency has allocated funds under section

13 1113(c) of this Act to one or more schoolwide programs

14 under section 1114, it may use those funds for the non15 Federal share of activities under this program that benefit

16 those schoolwide programs, to the extent consistent with

17 section 1120A(c) and notwithstanding section

18 1114(a)(3)(B).

19 ‘‘NONSUPPLANTING

20 ‘‘SEC. 6010. A local educational agency shall use

21 funds it receives under this title to supplement the level

22 of funds that, in the absence of funds under this title,

23 would be spent for the combination of—

24 ‘‘(1) teachers in regular classrooms in schools

25 receiving assistance under this title;
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1 ‘‘(2) assessing new teachers in their competency

2 in content knowledge and teaching skills, and to as3 sist new teachers to take any tests required to meet

4 State certification standards; and

5 ‘‘(3) professional development for teachers.

6 ‘‘ANNUAL STATE REPORTS

7 ‘‘SEC. 6011. Each State receiving funds under this

8 title shall submit to the Secretary an annual report on

9 its activities under this title, in such form and containing

10 such information as the Secretary may reasonably require.

11 ‘‘PARTICIPATION OF PRIVATE SCHOOL TEACHERS

12 ‘‘SEC. 6012. (a) IN GENERAL.—Each local edu13 cational agency receiving funds under this title shall, in

14 accordance with sections 11803 through 11806, provide

15 for the equitable participation of private school teachers

16 in the professional development activities the agency and

17 its schools carry out with those funds.

18 ‘‘(b) LIMITATION.—Sections 11803 through 11806

19 do not apply to other activities under this title.

20 ‘‘DEFINITION

21 ‘‘SEC. 6013. As used in this title, the term ‘State’

22 means each of the 50 States, the District of Columbia,

23 and Puerto Rico.’’.

24 TITLE VII—BILINGUAL EDUCATION ACT

25 FINDINGS, POLICY, AND PURPOSE

26 SEC. 701. Section 7102 of the Act is amended—
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1 (1) by amending subsection (a) to read as fol2 lows:

3 ‘‘(a) FINDINGS.—The Congress finds that—

4 ‘‘(1) as the Nations of the world become in5 creasingly interdependent and as international com6 munication becomes a daily occurrence in govern7 ment, business, commerce, and family life, multi8 lingual skills constitute an important national re9 source that deserves protection and development;

10 ‘‘(2) the presence of language-minority Ameri11 cans is related to Federal immigration policies;

12 ‘‘(3) language-minority Americans speak vir13 tually all languages, including many that are indige14 nous to the United States;

15 ‘‘(4) many language-minority Americans are

16 limited in their English proficiency, and many have

17 limited education and income;

18 ‘‘(5) there are large, and growing, numbers of

19 children and youth of limited English proficiency,

20 many of whom have a cultural heritage that differs

21 from that of their English proficient peers;

22 ‘‘(6) limited English proficient students and

23 their families are increasingly moving into school

24 districts that do not have appropriate services in

25 place to serve them;
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1 ‘‘(7) limited English proficient students arrive

2 at their schools at various age levels and often with

3 little or no prior formal schooling;

4 ‘‘(8) limited English proficient children and

5 youth face a number of challenges in receiving an

6 education that will enable them to participate fully

7 in American society, including—

8 ‘‘(A) segregated education programs;

9 ‘‘(B) disproportionate and improper place10 ment in special education and other special pro11 grams, due to the use of inappropriate evalua12 tion procedures;

13 ‘‘(C) disproportionate attendance in high14 poverty schools, as demonstrated by the fact

15 that, in 1994, 75 percent of limited English

16 proficient students attended schools in which at

17 least half of all students were eligible for free

18 or reduced-price meals;

19 ‘‘(D) the limited English proficiency of

20 their parents, which hinders parents’ ability to

21 participate fully in the education of their chil22 dren; and

23 ‘‘(E) a shortage of teachers and other staff

24 who are professionally trained and qualified to

25 serve such children and youth;
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1 ‘‘(9) school districts and schools find it chal2 lenging to include limited English proficient students

3 in their reform efforts;

4 ‘‘(10) a 1999 National Center for Education

5 Statistics survey found that teachers are less likely

6 to participate in professional development designed

7 to address the needs of limited English proficient

8 students than to take part in any other kind of pro9 fessional development activity;

10 ‘‘(11) institutions of higher education can assist

11 in preparing teachers, administrators, and other

12 school personnel to understand and build upon the

13 educational strengths and needs of language-minor14 ity and culturally diverse student enrollments;

15 ‘‘(12) high-quality bilingual education programs

16 enable children and youth to learn English and meet

17 high academic standards;

18 ‘‘(13) a 1998 National Research Council report,

19 Preventing Reading Difficulties in Young Children,

20 found that limited English proficient students should

21 be taught to read first in their native language and

22 that, if such an approach is not possible due to lack

23 of materials and resources, limited English proficient

24 students should attain some fluency in oral English
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1 before they receive formal reading instruction in

2 English;

3 ‘‘(14) the use of a child’s or youth’s native lan4 guage and culture in classroom instruction can—

5 ‘‘(A) promote self-esteem and contribute to

6 academic achievement and learning English by

7 limited English proficient children and youth;

8 ‘‘(B) benefit children and youth who are

9 proficient in English and also participate in

10 such programs; and

11 ‘‘(C) develop our Nation’s national lan12 guage resources, thus promoting our Nation’s

13 competitiveness in the global economy;

14 ‘‘(15) research, evaluation, and data collection

15 capabilities in the field of bilingual education need to

16 be strengthened so that educators and other staff

17 can better identify and promote programs, program

18 implementation strategies, and instructional prac19 tices that result in effective education of limited

20 English proficient children;

21 ‘‘(16) parent and community participation in

22 bilingual education programs contributes to program

23 effectiveness;

24 ‘‘(17) educational technology has the potential

25 for improving the education of language-minority
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1 and limited English proficient students and their

2 families, and the Federal Government should foster

3 development of that technology;

4 ‘‘(18) the Federal Government, as reflected in

5 title VI of the Civil Rights Act of 1964 and section

6 204(f) of the Equal Education Opportunities Act of

7 1974, has a special and continuing obligation to en8 sure that States and local school districts take ap9 propriate action to provide equal educational oppor10 tunities to children and youth of limited English

11 proficiency;

12 ‘‘(19) the Federal Government also, as exempli13 fied by programs authorized under this title, has a

14 special and continuing obligation to assist States

15 and local school districts to develop the capacity to

16 provide programs of instruction that offer limited

17 English proficient children and youth an equal edu18 cational opportunity; and

19 ‘‘(20) Native Americans and Native American

20 languages (as such terms are defined in section 103

21 of the Native American Languages Act), including

22 native residents of the outlying areas, have a unique

23 status under Federal law that requires special poli24 cies within the broad purposes of this Act.’’;
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1 (2) by amending subsection (b) to read as fol2 lows:

3 ‘‘(b) POLICY.—The Congress declares it to be the pol4 icy of the United States—

5 ‘‘(1) in order to ensure equal educational oppor6 tunity for all children and youth and to promote

7 educational excellence, that the Federal Government

8 should assist State and local educational agencies,

9 institutions of higher education, and community10 based organizations to build their capacity to estab11 lish, implement, and sustain programs of instruction

12 for children and youth of limited English proficiency;

13 and

14 ‘‘(2) in order to ensure that school districts are

15 providing effective instruction to limited English

16 proficient students that enable students to achieve to

17 challenging State standards and are providing pro18 grams under subtitle 1 of part A of this title that

19 are consistent with the requirements under section

20 1111(b)(2)(F)(v) of title I of this Act, that—

21 ‘‘(A) those students should be included in

22 State assessments of academic performance;

23 ‘‘(B) those students should be assessed, to

24 the extent practicable, in the language and form

25 most likely to yield accurate and reliable infor-
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1 mation on what those students know, and can

2 do, in subjects other than English, including

3 using tests written in Spanish for Spanish4 speaking students with limited English pro5 ficiency, if those tests are more likely than tests

6 written in English to yield accurate and reliable

7 information on what those students know, and

8 can do, in subjects other than English; and

9 ‘‘(C) those students who have been in

10 United States schools (not including Puerto

11 Rico) for three consecutive years or more

12 should be tested in reading and language arts

13 using tests written in English.’’; and

14 (3) in subsection (c)—

15 (A) in the matter before paragraph (1), by

16 striking out ‘‘to educate limited English pro17 ficient children and youth to’’ and inserting in

18 lieu thereof ‘‘to help ensure that limited English

19 proficient students master English and’’; and

20 (B) by amending paragraph (1) to read as

21 follows:

22 ‘‘(1) promoting systemic improvement and re23 form of, and developing accountability systems for,

24 educational programs serving students with limited

25 English proficiency.’’.
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1 AUTHORIZATION OF APPROPRIATIONS FOR PART A

2 SEC. 702. Section 7103(a) of the ESEA is amended

3 to read as follows:

4 ‘‘(a) IN GENERAL.—For the purpose of carrying out

5 this part, there are authorized to be appropriated such

6 sums as may be necessary for each of fiscal years 2001

7 through 2005.’’.

8 PROGRAM DEVELOPMENT AND ENHANCEMENT GRANTS

9 SEC. 703. Section 7113 of the ESEA is amended—

10 (1) by amending the section heading to read as

11 follows: ‘‘PROGRAM DEVELOPMENT AND ENHANCE12 MENT GRANTS’’;

13 (2) by amending subsection (a) to read as fol14 lows:

15 ‘‘(a) PURPOSE.—The purpose of this section is to

16 provide grants to eligible entities to carry out innovative

17 instructional programs for limited English proficient stu18 dents.’’;

19 (3) in subsection (b)—

20 (A) in paragraph (1)(B), by striking out

21 ‘‘two’’ and inserting in lieu thereof ‘‘three’’; and

22 (B) by amending paragraph (2) to read as

23 follows:

24 ‘‘(2) AUTHORIZED ACTIVITIES.—(A) Grants

25 under this section shall be used for—
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1 ‘‘(i) developing and implementing com2 prehensive, preschool, elementary, or secondary

3 education programs for children and youth with

4 limited English proficiency, that are aligned

5 with standards-based State and local school re6 form efforts and coordinated with other rel7 evant programs and services to meet the full

8 range of educational needs of such children and

9 youth;

10 ‘‘(ii) providing high-quality professional de11 velopment to classroom teachers, administra12 tors, and other school or community-based or13 ganization personnel to improve the instruction

14 and assessment of limited English proficient

15 students; and

16 ‘‘(iii) annually assessing the English pro17 ficiency of all limited English proficient stu18 dents served by the program.

19 ‘‘(B) Grants under this section may be used

20 for—

21 ‘‘(i) implementing programs to upgrade the

22 reading and other academic skills of limited

23 English proficient students;

24 ‘‘(ii) developing accountability systems to

25 track the academic progress of limited English
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1 proficient and formerly limited English pro2 ficient students;

3 ‘‘(iii) implementing family education pro4 grams and parent outreach and training activi5 ties designed to assist parents to become active

6 participants in the education of their children;

7 ‘‘(iv) improving the instructional program

8 for limited English proficient students by iden9 tifying, acquiring, and applying effective cur10 riculum, instructional materials, assessments,

11 and educational technology aligned with State

12 and local standards;

13 ‘‘(v) providing tutorials and academic or

14 career counseling for children and youth who

15 are limited English proficient; and

16 ‘‘(vi) such other activities, consistent with

17 the purposes of this part, as the Secretary may

18 approve.’’; and

19 (4) by adding at the end thereof the following

20 new subsection:

21 ‘‘(d) PRIORITY.—The Secretary is authorized to give

22 priority to applicants that have a total district enrollment

23 that is less than 10,000 students and have limited or no

24 experience in serving limited English proficient students.’’.

25 COMPREHENSIVE SCHOOL GRANTS

26 SEC. 704. Section 7114 of the ESEA is amended—
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1 (1) by amending subsection (a) to read as fol2 lows:

3 ‘‘(a) PURPOSE.—The purpose of this section is to im4 plement school-wide education programs, in coordination

5 with title I, for children and youth with limited English

6 proficiency—

7 ‘‘(1) to assist such children and youth to learn

8 English and achieve to challenging State content

9 and performance standards; and

10 ‘‘(2) to improve, reform, and upgrade relevant

11 programs and operations, in schools with significant

12 concentrations of such students or that serve signifi13 cant numbers of such students.’’;

14 (2) by amending subsection (b)(2) to read as

15 follows:

16 ‘‘(2) PROGRAM IMPROVEMENT PLAN.—(A) The

17 Secretary, before making a continuation award for

18 the fourth year of a program under this section,

19 shall determine if the program is making continuous

20 and substantial progress in assisting children and

21 youth with limited English proficiency to learn

22 English and achieve to challenging State content

23 and performance standards. The Secretary shall

24 base the determination on—
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1 ‘‘(i) the indicators established under sec2 tion 7118(d) and the data and information col3 lected under section 7118; and

4 ‘‘(ii) such other data and information as

5 the Secretary may require.

6 ‘‘(B)(i) If the Secretary determines that a re7 cipient requesting a fourth-year continuation award

8 under this section is not making continuous and

9 substantial progress under subparagraph (A), the re10 cipient shall promptly develop and submit to the

11 Secretary a program improvement plan for its pro12 gram.

13 ‘‘(ii) The Secretary shall approve a program im14 provement plan under clause (i) only if he or she de15 termines that it holds reasonable promise of enabling

16 students with limited English proficiency partici17 pating in the program to learn English and achieve

18 to challenging State content and performance stand19 ards.

20 ‘‘(iii) If the Secretary determines that the re21 cipient is not making substantial progress in imple22 menting the program improvement plan under clause

23 (i), the Secretary shall deny a continuation award.’’;

24 (3) by amending paragraphs (3) and (4) to

25 read as follows:
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1 ‘‘(3) AUTHORIZED ACTIVITIES.—(A) Grants

2 under this section shall be used to improve the edu3 cation of limited English proficient students and

4 their families by—

5 ‘‘(i) coordinating the program with district

6 policies and practices, as well as other relevant

7 programs and services, and aligning the pro8 gram with school reform efforts to meet the full

9 range of educational needs of limited English

10 proficient students;

11 ‘‘(ii) providing training to all, or virtually

12 all, school personnel and participating commu13 nity-based organization personnel to improve

14 the instruction and assessment of limited

15 English proficient students;

16 ‘‘(iii) developing or improving account17 ability systems to track the academic progress

18 of limited English proficient and formerly lim19 ited English proficient students; and

20 ‘‘(iv) annually assessing the English pro21 ficiency of all limited English proficient stu22 dents served by the program.

23 ‘‘(B) Grants under this section may also be

24 used for—
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1 ‘‘(i) implementing programs to upgrade the

2 reading and other academic skills of limited

3 English proficient students;

4 ‘‘(ii) developing and using educational

5 technology, including interactive technology, to

6 improve learning, assessments, and account7 ability;

8 ‘‘(iii) implementing and adapting research9 based models for meeting the needs of limited

10 English proficient students;

11 ‘‘(iv) developing and implementing pro12 grams to meet the needs of limited English pro13 ficient students with disabilities;

14 ‘‘(v) implementing family education pro15 grams and parent outreach and training activi16 ties designed to assist parents to become active

17 participants in the education of their children;

18 ‘‘(vi) improving the instructional program

19 for limited English proficient students by iden20 tifying, acquiring, and upgrading curriculum,

21 instructional materials, educational software

22 and assessment procedures;

23 ‘‘(vii) providing tutorials and academic or

24 career counseling for children and youth of lim25 ited English proficiency;
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1 ‘‘(viii) developing and implementing pro2 grams to help all students become proficient in

3 more than one language; and

4 ‘‘(ix) carrying out such other activities,

5 consistent with the purposes of this part, as the

6 Secretary may approve.

7 ‘‘(4) SPECIAL RULES.—A grant recipient—

8 ‘‘(A) before carrying out a program as9 sisted under this section, shall plan, train per10 sonnel, develop curriculum, and acquire or de11 velop materials, but shall not use funds under

12 this section for planning purposes for more

13 than 90 days; and

14 ‘‘(B) shall not carry out a program under

15 this section in more than two schools for each

16 grant it receives under this section.’’.

17 SYSTEMWIDE IMPROVEMENT GRANTS

18 SEC. 705. Section 7115 of the ESEA is amended—

19 (1) in subsection (a), by striking out ‘‘bilingual

20 education programs or special alternative instruction

21 programs to’’ and inserting in lieu thereof ‘‘instruc22 tional programs for children and youth with limited

23 English proficiency’’;

24 (2) by amending subsection (b)(2) to read as

25 follows:
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1 ‘‘(2) PROGRAM IMPROVEMENT PLAN.—(A) The

2 Secretary, before making a continuation award for

3 the fourth year of a program under this section,

4 shall determine if the program is making continuous

5 and substantial progress in assisting children and

6 youth with limited English proficiency to learn

7 English and achieve to challenging State content

8 and performance standards. The Secretary shall

9 base the determination on—

10 ‘‘(i) the indicators established under sec11 tion 7118(d) and the data and information col12 lected under section 7118; and

13 ‘‘(ii) such other data and information as

14 the Secretary may require.

15 ‘‘(B)(i) If the Secretary determines that a re16 cipient requesting a fourth-year continuation award

17 under this section is not making continuous and

18 substantial progress under subparagraph (A), the re19 cipient shall promptly develop and submit to the

20 Secretary a program improvement plan for its pro21 gram.

22 ‘‘(ii) The Secretary shall approve a program im23 provement plan under clause (i) only if he or she de24 termines that it holds reasonable promise of enabling

25 students with limited English proficiency partici-
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1 pating in the program to learn English and achieve

2 to challenging State content and performance stand3 ards.

4 ‘‘(iii) If the Secretary determines that the re5 cipient is not making substantial progress in imple6 menting the program improvement plan under clause

7 (i), the Secretary shall deny a continuation award.’’;

8 (3) by amending paragraph (4) to read as fol9 lows:

10 ‘‘(4) AUTHORIZED ACTIVITIES.—(A) Grants

11 under this section shall be used for—

12 ‘‘(i) aligning programs for limited English

13 proficient students in the district with school,

14 district, and State reform efforts and coordi15 nating the program with other relevant pro16 grams, such as title I, and services to meet the

17 full range of educational needs of limited

18 English proficient students throughout the dis19 trict;

20 ‘‘(ii) providing high-quality professional de21 velopment that is aligned with high standards

22 to classroom teachers, administrators, and

23 other school or community-based organization

24 personnel to improve the instruction and assess25 ment of limited English proficient students;
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1 ‘‘(iii) developing and implementing a plan,

2 coordinated with programs under title II of

3 Higher Education Act of 1965 where applica4 ble, to recruit teachers trained to serve limited

5 English proficient students;

6 ‘‘(iv) annually assessing the English pro7 ficiency of all limited English proficient stu8 dents served by the program; and

9 ‘‘(v) developing or improving accountability

10 systems that are consistent with the State’s ac11 countability system to measure limited English

12 proficient students’ academic progress in a valid

13 and reliable manner.

14 ‘‘(B) Grants under this section may also be

15 used for—

16 ‘‘(i) developing and implementing pro17 grams to help all students become proficient in

18 more than one language;

19 ‘‘(ii) developing content and performance

20 standards for learning English as a second lan21 guage, as well as for learning other languages;

22 ‘‘(iii) developing assessments tied to State

23 performance standards;

24 ‘‘(iv) developing performance standards for

25 students with limited English proficiency that
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1 are aligned with challenging State content

2 standards;

3 ‘‘(v) redesigning programs for limited

4 English proficient students to meet the needs of

5 changing population of such students;

6 ‘‘(vi) coordinating assessments with State

7 accountability systems;

8 ‘‘(vii) implementing policies and procedures

9 to ensure that limited English proficient stu10 dents have access to all district programs, such

11 as gifted and talented, vocational education,

12 and special education programs; and

13 ‘‘(viii) integrating technology into all as14 pects of educating limited English proficient

15 students, including data management systems

16 and the delivery of instructional services to lim17 ited English proficient students.’’.

18 APPLICATIONS FOR AWARDS UNDER SUBPART 1

19 SEC. 706. Section 7116 of the ESEA is amended—

20 (1) in subsection (b)—

21 (A) in paragraph (1), by striking out

22 ‘‘such application’’ and inserting in lieu thereof

23 ‘‘its written comments on the application’’; and

24 (B) by amending paragraph (2)(B) to read

25 as follows:
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1 ‘‘(B) For purposes of this subpart, such

2 comments shall address—

3 ‘‘(i) how the grant activities will fur4 ther the academic achievement and English

5 proficiency of limited English proficient

6 students served under a grant received

7 under this subpart; and

8 ‘‘(ii) how the grant application is con9 sistent with the State plan, especially with

10 regard to State assessments, required

11 under section 1111.’’;

12 (2) by amending subsection (f) to read as fol13 lows:

14 ‘‘(f) REQUIRED DOCUMENTATION.—Such application

15 shall include documentation that—

16 ‘‘(1) the applicant has the qualified personnel

17 required to develop, administer, and implement the

18 proposed program; and

19 ‘‘(2) the leadership of each participating school

20 has been involved in the development and planning

21 of the program in the school.’’;

22 (3) in subsection (g)(1)—

23 (A) by amending subparagraph (A) to read

24 as follows:
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1 ‘‘(A) A description of the need for the pro2 posed program, including data on the number

3 of children and youth of limited English pro4 ficiency in the schools or school districts to be

5 served and the characteristics of such children

6 and youth, including—

7 ‘‘(i) the native languages of the stu8 dents to be served;

9 ‘‘(ii) student proficiency in English

10 and the native language;

11 ‘‘(iii) current achievement data of the

12 limited English proficient students to be

13 served by the program (and in comparison

14 to their English proficient peers) in—

15 ‘‘(I) reading or language arts (in

16 English and in the native language, if

17 applicable); and

18 ‘‘(II) mathematics;

19 ‘‘(iv) reclassification rates for limited

20 English proficient students in the district;

21 ‘‘(v) the previous schooling experi22 ences of participating students;

23 ‘‘(vi) the professional development

24 needs of the instructional personnel who

25 will provide services for limited English
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1 proficient students, including the need for

2 certified teachers; and

3 ‘‘(vii) how the grant would supple4 ment the basic services provided to limited

5 English proficient students.’’;

6 (B) in subparagraph (B)—

7 (i) by amending clause (ii) to read as

8 follows:

9 ‘‘(ii) is coordinated with other pro10 grams under this Act, and other Acts as

11 appropriate, such as the Individuals with

12 Disabilities Education Act and the Carl D.

13 Perkins Vocational and Technical Edu14 cation Act, in accordance with section

15 11505;’’;

16 (ii) by redesignating clauses (ii)

17 through (v) as clauses (iii) through (vi), re18 spectively; and

19 (iii) by inserting a new clause (ii) to

20 read as follows:

21 ‘‘(ii) will supplement the basic services

22 the applicant provides to limited English

23 proficient students;’’; and

24 (C) by amending subparagraph (E) to read

25 as follows:
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1 ‘‘(E) An assurance that the applicant will

2 employ teachers in the proposed program who

3 individually, or in combination, are proficient

4 in—

5 ‘‘(i) English, including written, as well

6 as oral, communication skills; and

7 ‘‘(ii) the native language of the major8 ity of students they teach, if instruction in

9 the program is also in the native lan10 guage.’’; and

11 (4) in subsection (i)—

12 (A) by amending paragraphs (1) and (2)

13 to read as follows:

14 ‘‘(1) PRIORITY.—The Secretary is authorized to

15 give priority to applicants that—

16 ‘‘(A) experience a dramatic increase in the

17 number of limited English proficient students

18 enrolled;

19 ‘‘(B) demonstrate that they have a proven

20 record of success in helping children and youth

21 with limited English proficiency learn English

22 and achieve to high academic standards; or

23 ‘‘(C) propose programs that provide for the

24 development of bilingual proficiency both in
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1 English and another language for all partici2 pating students.

3 ‘‘(2) LIMITATION.—Grants for programs under

4 this subpart that do not use the students’ native lan5 guage shall not exceed 25 percent of the funds pro6 vided for any type of grant under that section, or of

7 the total funds provided under this subpart, for any

8 fiscal year.’’; and

9 (B) in paragraph (3), by striking out ‘‘spe10 cial alternative instructional programs’’ and in11 serting in lieu thereof ‘‘programs that do not

12 use the students’ native language’’.

13 EVALUATIONS UNDER SUBPART 1

14 SEC. 707. Section 7123 of the ESEA is amended—

15 (1) in subsection (a), by striking out ‘‘every two

16 years’’ and inserting in lieu thereof ‘‘every year’’;

17 (2) by amending subsection (c) to read as fol18 lows:

19 ‘‘(c) EVALUATION COMPONENTS.—(1) In preparing

20 evaluation reports, the recipient shall—

21 ‘‘(A) use the data provided in the application as

22 baseline data against which to report academic

23 achievement and gains in English proficiency for

24 students in the program;

25 ‘‘(B) report on the validity and reliability of all

26 instruments used to measure student progress; and
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1 ‘‘(C) enable results to be disaggregated by rel2 evant factors, such as a student’s grade, gender, and

3 language group, and whether the student has a dis4 ability.

5 ‘‘(2) Evaluations shall include—

6 ‘‘(A) data on the project’s progress in achieving

7 its objectives;

8 ‘‘(B) data showing the extent to which all stu9 dents served by the program are achieving to the

10 State’s student performance standards, including—

11 ‘‘(i) data comparing limited English pro12 ficient children and youth with English pro13 ficient students with regard to grade retention

14 and academic achievement in reading and lan15 guage arts, in English and in the native lan16 guage if the project develops native language

17 proficiency, and in math;

18 ‘‘(ii) gains in English proficiency, including

19 speaking, comprehension, reading, and writing,

20 as developmentally appropriate, and such gains

21 in native language proficiency if the project de22 velops native language proficiency; and

23 ‘‘(iii) reclassification rates (including aver24 age duration in a program) for limited English

25 proficient students by grade, and data on the
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1 academic achievement of redesignated students

2 for two years after redesignation;

3 ‘‘(C) program implementation indicators that

4 address each of the program’s objectives and compo5 nents, including the extent to which professional de6 velopment activities have resulted in improved class7 room practices and improved student achievement;

8 ‘‘(D) a description of how the activities funded

9 under the grant are coordinated and integrated with

10 the overall school program and other Federal, State,

11 or local programs serving limited English proficient

12 children and youth; and

13 ‘‘(E) such other information as the Secretary

14 may require.’’; and

15 (3) by adding a new subsection (d) to read as

16 follows:

17 ‘‘(d) PERFORMANCE MEASURES.—The Secretary

18 shall establish performance indicators to determine if pro19 grams under sections 7113 and 7114 are making contin20 uous and substantial progress, and may establish perform21 ance indicators to determine if programs under section

22 7112 are making continuous and substantial progress, to23 ward assisting children and youth with limited English

24 proficiency to learn English and achieve to challenging

25 State content and performance standards.’’.
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1 RESEARCH

2 SEC. 708. Section 7132 of the ESEA is amended—

3 (1) in subsection (a), by—

4 (A) inserting the paragraph designation

5 ‘‘(1)’’ before ‘‘The Secretary shall’’;

6 (B) striking out ‘‘through the Office of

7 Educational Research and Improvement in co8 ordination and collaboration with the Office of

9 Bilingual Education and Minority Language Af10 fairs’’; and

11 (C) adding a paragraph (2) to read as fol12 lows:

13 ‘‘(2) Such research may include—

14 ‘‘(A) collecting data needed for compliance

15 with the Government Performance and Results

16 Act;

17 ‘‘(B) improving data collection procedures

18 and the infrastructure for data collection on

19 limited English proficient students, for pur20 poses of improving instruction and account21 ability;

22 ‘‘(C) developing research-based models for

23 serving limited English proficient students of

24 diverse language backgrounds and in diverse

25 educational settings;
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1 ‘‘(D) identifying technology-based ap2 proaches that show effectiveness in helping lim3 ited English proficient students reach chal4 lenging State standards; and

5 ‘‘(E) other research, demonstration, and

6 data collection activities consistent with the

7 purpose of this title.’’;

8 (2) in subsection (b)—

9 (A) in paragraph (1), by inserting ‘‘and ‘‘

10 at the end thereof;

11 (B) by striking out paragraphs (2) and

12 (3); and

13 (C) by redesignating paragraph (4) as

14 paragraph (2);

15 (3) in subsection (c)—

16 (A) in paragraph (1), by—

17 (i) striking out ‘‘(1) IN GENERAL.’’;

18 and

19 (ii) by striking out ‘‘under subpart 1

20 or 2’’ and inserting in lieu thereof ‘‘under

21 subpart 1, section 7124, or subpart 3’’;

22 and

23 (B) striking out paragraph (2); and

24 (4) by striking out subsection (e).
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1 ACADEMIC EXCELLENCE AWARDS

2 SEC. 709. Section 7133 of the ESEA is amended to

3 read as follows:

4 ‘‘ACADEMIC EXCELLENCE AWARDS

5 ‘‘SEC. 7133. (a) AUTHORITY.—The Secretary is au6 thorized to make grants to State educational agencies to

7 assist them in recognizing local educational agencies and

8 other public and non-profit entities whose programs

9 have—

10 ‘‘(1) demonstrated significant progress in as11 sisting limited English proficient students to learn

12 English within three years; and

13 ‘‘(2) demonstrated significant progress in as14 sisting limited English proficient students to meet,

15 within three years, the same challenging State con16 tent standards expected of all children and youth.

17 ‘‘(b) APPLICATIONS.—A State educational agency de18 siring a grant under this section shall include an applica19 tion for such grant in its application required under sec20 tion 7124(e).’’.

21 STATE GRANT PROGRAM

22 SEC. 710. Section 7134(c) of the ESEA is amended

23 to read as follows:

24 ‘‘(c) USES OF FUNDS.—A State educational agency

25 shall use funds awarded under this section to—
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1 ‘‘(1) assist local educational agencies in the

2 State with program design, capacity building, assess3 ment of student performance, program evaluation,

4 and development of data collection and account5 ability systems for limited English proficient stu6 dents that are aligned with State reform efforts; and

7 ‘‘(2) collect data on limited English proficient

8 populations in the State and the educational pro9 grams and services available to such populations.’’.

10 NATIONAL CLEARINGHOUSE ON THE EDUCATION OF

11 CHILDREN AND YOUTH WITH LIMITED ENGLISH

12 PROFICIENCY

13 SEC. 711. Section 7135 of the ESEA is amended to

14 read as follows:

15 ‘‘NATIONAL CLEARINGHOUSE ON THE EDUCATION OF

16 CHILDREN AND YOUTH WITH LIMITED ENGLISH

17 PROFICIENCY

18 ‘‘SEC. 7135. The Secretary shall establish and sup19 port the operation of a National Clearinghouse on the

20 Education of Children and Youth with Limited English

21 Proficiency, which shall collect, analyze, synthesize, and

22 disseminate information about programs related to the

23 education of children and youth with limited English pro24 ficiency and coordinate its activities with Federal data and

25 information clearinghouses and dissemination networks

26 and systems.’’.
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1 INSTRUCTIONAL MATERIALS DEVELOPMENT

2 SEC. 712. Section 7136 of the ESEA is amended to

3 read as follows:

4 ‘‘INSTRUCTIONAL MATERIALS DEVELOPMENT

5 ‘‘SEC. 7136. (a) AUTHORITY.—The Secretary may

6 award grants for the development, publication, and dis7 semination of high-quality instructional materials—

8 ‘‘(1) in Native American and Native Hawaiian

9 languages;

10 ‘‘(2) in the language of Native Pacific Islanders

11 and other natives of the outlying areas for whom in12 structional materials are not readily available;

13 ‘‘(3) in other low-incidence languages in the

14 United States and for which instructional materials

15 are not readily available; and

16 ‘‘(4) on standards and assessments, and in17 structional programs related to the education of chil18 dren and youth with limited English proficiency, for

19 dissemination to parents of such children and youth.

20 ‘‘(b) PRIORITIES.—The Secretary shall give priority

21 to applications that provide for—

22 ‘‘(1) developing instructional materials in lan23 guages indigenous to the United States or the out24 lying areas; and

25 ‘‘(2) developing and evaluating instructional

26 materials, including technology-based application,
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1 that reflect challenging State and local content

2 standards, in collaboration with activities assisted

3 under subpart 1 and section 7124.’’.

4 PURPOSE OF SUBPART 3

5 SEC. 713. Section 7141 of the ESEA is amended to

6 read as follows:

7 ‘‘PURPOSE

8 ‘‘SEC. 7141. The purpose of this subpart is to assist

9 in preparing educators to improve educational services for

10 children and youth with limited English proficiency by

11 supporting professional development programs for such

12 educators.’’.

13 TRAINING FOR ALL TEACHERS PROGRAM

14 SEC. 714. Section 7142 of the ESEA is amended—

15 (1) by amending subsection (a) to read as fol16 lows:

17 ‘‘(a) PURPOSE.—The purpose of this section is to as18 sist eligible applicants under subsection (b)(1) to develop

19 and provide ongoing professional development to teachers

20 and other educational personnel with a baccalaureate de21 gree to improve their provision of services to limited

22 English proficient students or to become certified as a bi23 lingual or English as a second language teacher.’’;

24 (2) in subsection (b)—

25 (A) by amending paragraph (1) to read as

26 follows:
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1 ‘‘(1) AUTHORITY.—The Secretary is authorized

2 to award grants under this section to local edu3 cational agencies or to one or more local educational

4 agencies in consortium with one or more State edu5 cational agencies, institutions of higher education, or

6 nonprofit organizations.’’; and

7 (B) in paragraph (2), by striking out

8 ‘‘five’’ and inserting in lieu thereof ‘‘three’’; and

9 (3) by amending subsection (c) to read as fol10 lows:

11 ‘‘(c) ACTIVITIES.—(1) Funds under this section shall

12 be used to conduct high-quality, long-term professional de13 velopment activities.

14 ‘‘(2) Funds under this section may be used to—

15 ‘‘(A) design and implement induction programs

16 for new teachers, including mentoring and coaching

17 by trained teachers, team teaching with experienced

18 teachers, time for observation of, and consultation

19 with, experienced teachers, and additional time for

20 course preparation;

21 ‘‘(B) implement school-based collaborative ef22 forts among teachers to improve instruction in read23 ing and other core academic areas for students with

24 limited English proficiency, including programs that
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1 facilitate teacher observation and analyses of fellow

2 teachers’ classroom practice;

3 ‘‘(C) support long-term collaboration among

4 teachers and outside experts to improve instruction

5 of limited English proficient students;

6 ‘‘(D) coordinate project activities with other

7 programs such as those under the Head Start Act

8 and titles I and II of the Act;

9 ‘‘(E) implement programs that support effective

10 teacher use of education technologies to improve in11 struction and assessment;

12 ‘‘(F) establish and maintain local professional

13 networks;

14 ‘‘(G) develop curricular materials and assess15 ments for teachers that are aligned with State and

16 local standards and the needs of the limited English

17 proficient students to be served;

18 ‘‘(H) develop education technology to enhance

19 professional development; and

20 ‘‘(I) such other activities as are consistent with

21 the purpose of this section.’’.

22 BILINGUAL EDUCATION TEACHERS AND PERSONNEL

23 GRANTS

24 SEC. 715. Section 7143 of the ESEA is amended—

25 (1) by amending subsection (a) to read as fol26 lows:
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1 ‘‘(a) PURPOSE.—The purpose of this section is to

2 support preservice professional development to improve

3 the preparation of prospective teachers who are preparing

4 to teach children and youth of limited English pro5 ficiency.’’;

6 (2) by amending subsection (c) to read as fol7 lows:

8 ‘‘(c) AUTHORITY.—(1) The Secretary is authorized to

9 make grants to institutions of higher education for

10 preservice professional development in order to improve

11 preparation for prospective teachers who are preparing to

12 teach children and youth of limited English proficiency.

13 ‘‘(2) Each grant under this section shall be awarded

14 for a period of not more than five years.

15 ‘‘(3) A recipient of a grant under this section shall

16 coordinate its grant program activities with other pro17 grams under this Act and other Acts as appropriate.’’; and

18 (3) by adding a new subsection (d) to read as

19 follow:

20 ‘‘(d) ACTIVITIES.—(1) Funds under this section shall

21 be used to—

22 ‘‘(A) put in place a course of study that pre23 pares teachers to serve limited English proficient

24 students;
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1 ‘‘(B) integrate course content relating to meet2 ing the needs of limited English proficient students

3 into all programs for prospective teachers;

4 ‘‘(C) assign tenured faculty to train teachers to

5 serve limited English proficient students;

6 ‘‘(D) incorporate State content and perform7 ance standards into the institution’s coursework; and

8 ‘‘(E) expand clinical experiences for partici9 pants.

10 ‘‘(2) Funds under this section may be used to—

11 ‘‘(A) support partnerships with local edu12 cational agencies that include placing participants in

13 intensive internships in local educational agencies

14 that serve large numbers of limited English pro15 ficient students;

16 ‘‘(B) restructure higher education course con17 tent, including improving coursework and clinical ex18 periences for all prospective teachers regarding the

19 needs of limited English proficient students and

20 preparation for teacher certification tests;

21 ‘‘(C) assist other institutions of higher edu22 cation to improve the quality of professional develop23 ment programs for limited English proficient stu24 dents;
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1 ‘‘(D) expand recruitment of students who will

2 be trained to serve limited English proficient stu3 dents;

4 ‘‘(E) improve the skills and knowledge of fac5 ulty related to the needs of limited English pro6 ficient students;

7 ‘‘(F) coordinate project activities with activities

8 under title II of the Higher Education Act of 1965;

9 and

10 ‘‘(G) use technology to enhance professional de11 velopment.’’.

12 BILINGUAL EDUCATION CAREER LADDER PROGRAM

13 SEC. 716. Section 7144 of the ESEA is amended—

14 (1) by amending subsection (a) to read as fol15 lows:

16 ‘‘(a) PURPOSE.—The purpose of this section is to as17 sist eligible consortia to develop and implement high-qual18 ity bilingual education career ladder programs.’’;

19 (2) by amending subsection (b)(1) to read as

20 follows:

21 ‘‘(a) IN GENERAL.—(1)(A) The Secretary is author22 ized to award grants to consortia of one or more institu23 tions of higher education and one or more State edu24 cational agencies or local educational agencies to develop

25 and implement bilingual education career ladder pro26 grams.
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1 ‘‘(B) For purposes of this section, a ‘‘bilingual edu2 cation career ladder program’’ means a program that—

3 ‘‘(i) is designed to provide high-quality, pre-bac4 calaureate coursework and teacher training to edu5 cational personnel who do not have a baccalaureate

6 degree; and

7 ‘‘(ii) leads to timely receipt of a baccalaureate

8 degree and certification or licensure of program par9 ticipants as bilingual education teachers or other

10 educational personnel who serve limited English pro11 ficient students.

12 ‘‘(C) Recipients of grants under this section shall—

13 ‘‘(i) coordinate with programs under title II of

14 the Higher Education Act of 1965, and other rel15 evant programs, for the recruitment and retention of

16 bilingual students in postsecondary programs to

17 train them to become bilingual educators; and

18 ‘‘(ii) make use of all existing sources of student

19 financial aid before using grant funds to pay tuition

20 and stipends for participating students.’’;

21 (3) in subsection (c)—

22 (A) in paragraph (1)—

23 (i) by striking out ‘‘consortium’’; and

24 (ii) at the end thereof, by inserting

25 ‘‘and’’ after the semicolon;
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1 (B) in paragraph (2), by striking out

2 ‘‘teachers; and’’ and inserting in lieu thereof

3 ‘‘teachers.’’; and

4 (C) by striking out paragraph (3); and

5 (4) by amending subsection (d) to read as

6 follows:

7 ‘‘(d) SPECIAL CONSIDERATION.—The Secretary shall

8 give special consideration to applications under this sec9 tion that provide training in English as a second language,

10 including developing proficiency in the instructional use

11 of English and, as appropriate, a second language in class12 room contexts.’’.

13 GRADUATE FELLOWSHIPS IN BILINGUAL EDUCATION

14 PROGRAM

15 SEC. 717. Section 7145(a) of the ESEA is

16 amended—

17 (1) in paragraph (1), by striking out ‘‘masters,

18 doctoral, and post-doctoral’’ and inserting in lieu

19 thereof ‘‘masters and doctoral’’;

20 (2) by striking out paragraph (2); and

21 (3) by redesignating paragraph (3) as para22 graph (2).

23 APPLICATIONS FOR AWARDS UNDER SUBPART 3

24 SEC. 718. Section 7146 of the ESEA is amended—
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1 (1) in subsection (a)(4), by inserting ‘‘and ap2 plicants for grants under section 7145’’ after ‘‘Bu3 reau of Indian Affairs’’; and

4 (2) in subsection (b)—

5 (A) in paragraph (1)—

6 (i) by striking out ‘‘of such applica7 tion copy’’ and inserting in lieu thereof

8 ‘‘an application under sections 7132, 7133,

9 or 7134’’; and

10 (ii) by inserting ‘‘the written review

11 of’’ after ‘‘and transmit’’; and

12 (B) in paragraph (2), by striking out ‘‘this

13 subpart’’ and inserting in lieu thereof ‘‘sections

14 7132, 7133, and 7134’’.

15 EVALUATIONS UNDER SUBPART 3

16 SEC. 719. Section 7149 of the ESEA is amended to

17 read as follows:

18 ‘‘PROGRAM EVALUATIONS

19 ‘‘SEC. 7149. Each recipient of funds under this sub20 part shall provide the Secretary with an evaluation of its

21 program every year. Such evaluations shall include—

22 ‘‘(1) the number of participants served, the

23 number of participants who have completed program

24 requirements, and the number of participants who

25 have taken positions in an instructional setting with

26 limited English proficient students;
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1 ‘‘(2) the effectiveness of the program in impart2 ing the professional skills necessary for participants

3 to achieve the objectives of the program; and

4 ‘‘(3) the teaching effectiveness of graduates or

5 other persons who have completed the training pro6 gram.’’.

7 TRANSITION

8 SEC. 720. Subpart 4 of part A of title VII of the

9 ESEA is amended to read as follows:

10 ‘‘Subpart 4—Transition

11 ‘‘TRANSITION

12 ‘‘SEC. 7161. Notwithstanding any other provision of

13 law, a recipient of a grant under subpart 1 of part A of

14 this title that is in its third or fourth year of that grant

15 on the day preceding the date of enactment of Educational

16 Excellence for All Children Act of 1999 shall be eligible

17 to receive continuation funding under the terms and condi18 tions of the original grant.’’.

19 FINDINGS OF THE EMERGENCY IMMIGRANT EDUCATION

20 PROGRAM

21 SEC. 721. Section 7301(a) of the ESEA is

22 amended—

23 (1) in paragraph (3), by striking out ‘‘and’’ at

24 the end thereof;

25 (2) by redesignating paragraph (4) as para26 graph (5); and
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1 (3) by adding at the end thereof the following

2 new paragraph:

3 ‘‘(4) an increasing number of immigrant chil4 dren are entering United States’ schools with inter5 rupted or little previous schooling; and’’.

6 STATE ADMINISTRATIVE COSTS

7 SEC. 722. Section 7302 of the ESEA is amended by

8 inserting a comma and ‘‘or 2 percent if the State edu9 cational agency distributes funds received under this part

10 to local educational agencies on a competitive basis,’’ after

11 ‘‘1.5 percent of the amount’’.

12 COMPETITIVE STATE GRANTS TO LOCAL EDUCATIONAL

13 AGENCIES

14 SEC. 723. Section 7304(e)(1) of the ESEA is amend15 ed, in the matter before subparagraph (A), by striking out

16 ‘‘if the amount appropriated to carry out this part exceeds

17 $50,000,000 for a fiscal year, a State educational agency

18 may reserve not more than 20 percent’’ and inserting in

19 lieu thereof ‘‘a State educational agency may reserve any

20 portion’’.

21 AUTHORIZATION OF APPROPRIATIONS FOR PART C

22 SEC. 724. Section 7309 of the ESEA is amended to

23 read as follows:

24 ‘‘AUTHORIZATION OF APPROPRIATIONS

25 ‘‘SEC. 7309. For the purpose of carrying out this

26 part, there are authorized to be appropriated such sums
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1 as may be necessary for each of fiscal years 2001 through

2 2005.’’

3 DEFINITIONS

4 SEC. 725. Section 7501 of the ESEA is amended by

5 striking out paragraph (15) and inserting in lieu thereof

6 a new paragraph to read as follows:

7 ‘‘(15) RECLASSIFICATION RATE.—The term re8 classification rate means the annual percentage of

9 limited English proficient students who have met the

10 State criteria for no longer being considered limited

11 English proficient.’’.

12 REGULATIONS, PARENTAL NOTIFICATION, AND USE OF

13 PARAPROFESSIONALS

14 SEC. 726. Section 7502 of the ESEA is amended

15 by—

16 (1) amending the section heading to read as fol17 lows:

18 ‘‘REGULATIONS, PARENTAL NOTIFICATION, AND USE OF

19 PARAPROFESSIONALS’’;

20 (2) in subsection (b)—

21 (A) in paragraph (1)—

22 (i) in the matter before subparagraph

23 (A), by striking out ‘‘youth participating

24 in’’ and inserting in lieu thereof ‘‘youth

25 who will participate in’’; and

26 (ii) in subparagraph (C)—
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1 (I) in the matter before clause

2 (i), by striking out ‘‘goals of the bilin3 gual education or special alternative

4 instructional program’’ and inserting

5 in lieu thereof ‘‘goals of the program

6 related to the education of children

7 and youth with limited English pro8 ficiency’’; and

9 (II) in clause (i), by striking out

10 ‘‘results of the bilingual educational

11 program and of the instructional al12 ternatives’’ and inserting in lieu there13 of ‘‘results of the instructional pro14 grams related to the education of chil15 dren and youth with limited English

16 proficiency’’; and

17 (B) in paragraph (2)—

18 (i) by amending the paragraph head19 ing to read ‘‘OPTION TO WITHDRAW.’’; and

20 (ii) by amending subparagraph (A) to

21 read as follows:

22 ‘‘(A) A recipient of funds under subpart 1

23 of part A shall also provide a written notice to

24 parents of children who will participate in the

25 programs under that subpart, in a form and
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1 language understandable to the parents, that

2 informs them that they may withdraw their

3 child from the program at any time.’’; and

4 (3) adding a new subsection (c) to read as

5 follows:

6 ‘‘(c) USE OF PARAPROFESSIONALS.—The provisions

7 of section 1119(c) of this Act shall apply to all new staff

8 hired to provide academic instruction in programs sup9 ported under subpart 1 of part A of this title on or after

10 the date of enactment of the Educational Excellence for

11 All Children Act of 1999.’’.

12 TERMINOLOGY

13 SEC. 727. (a) PART A.—Subparts 1 and 2 of part

14 A of title VII of the ESEA are amended by striking out

15 ‘‘bilingual education or special alternative instruction pro16 grams’’ and ‘‘bilingual education or special alternative in17 structional programs’’ each place they appear and insert18 ing in lieu thereof ‘‘instructional programs’’.

19 (b) PART E.—Section 7501(6) of the ESEA is

20 amended by striking out ‘‘a bilingual education and special

21 alternative instructional program’’ and inserting in lieu

22 thereof ‘‘an instructional program’’.

23 REPEALS

24 SEC. 728. (a) REPEALS IN PART A.—Sections 7112,

25 7117, 7119, 7120, 7121, and 7147 of the ESEA are re26 pealed.
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1 (b) REPEAL OF PART B.—Part B of title VII of the

2 ESEA is repealed.

3 REDESIGNATIONS AND CONFORMING AMENDMENTS

4 SEC. 729. (a) PART REDESIGNATIONS.—Parts C, D,

5 and E of title VII of the ESEA are redesignated as parts

6 B, C, and D, respectively.

7 (b) SECTION REDESIGNATIONS.—Sections 7113,

8 7114, 7115, 7116, 7118, 7122, 7123, 7124, 7131, 7132,

9 7133, 7134, 7135, 7136, 7141, 7142, 7143, 7144, 7145,

10 7146, 7148, 7149, 7150, 7161, 7301, 7302, 7303, 7304,

11 7305, 7306, 7307, 7308, 7309, 7401, 7402, 7403, 7404,

12 7405, 7501, and 7502 of the ESEA are redesignated as

13 sections 7112, 7113, 7114, 7115, 7116, 7117, 7118,

14 7119, 7121, 7122, 7123, 7124, 7125, 7126, 7131, 7132,

15 7133, 7134, 7135, 7136, 7137, 7138, 7139, 7141, 7201,

16 7202, 7203, 7204, 7205, 7206, 7207, 7208, 7209, 7301,

17 7302, 7303, 7304, 7305, 7401, and 7402 of the ESEA,

18 respectively.

19 (c) CONFORMING AMENDMENTS.—(1) Section 7111

20 of the ESEA is amended by striking out ‘‘7114, and

21 7115’’ and inserting in lieu thereof ‘‘and 7114’’.

22 (2) Section 7112(b)(1)(A) of the ESEA, as redesig23 nated by subsection (b), is amended by striking out ‘‘sec24 tion 7116’’ and inserting in lieu thereof ‘‘section 7115’’.
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1 (3) Section 7113(b)(1)(A) of the ESEA, as redesig2 nated by subsection (b), is amended by striking out ‘‘sec3 tion 7116’’ and inserting in lieu thereof ‘‘section 7115’’.

4 (4) Section 7114(b)(1)(A) of the ESEA, as redesig5 nated by subsection (b), is amended by striking out ‘‘sec6 tion 7116’’ and inserting in lieu thereof ‘‘section 7115’’.

7 (5) Section 7115(g) of the ESEA, as redesignated by

8 subsection (b), is amended—

9 (A) in paragraph (1)(B)(ii), by striking out

10 ‘‘section 14306’’ and inserting in lieu thereof ‘‘sec11 tion 11505’’; and

12 (B) in paragraph (2), by striking out ‘‘section

13 7114 or 7115’’ and inserting in lieu thereof ‘‘section

14 7113 or 7114’’.

15 (6) Section 7135(a)(3) of the ESEA, as redesignated

16 by subsection (b), is amended by striking out ‘‘section

17 7149’’ and inserting in lieu thereof ‘‘section 7138’’.

18 (7) Section 7202 of the ESEA, as redesignated by

19 subsection (b), is amended by striking out ‘‘section 7304’’

20 and inserting in lieu thereof ‘‘section 7204’’.

21 (8) Section 7204 of the ESEA, as redesignated by

22 subsection (b), is amended—

23 (A) in subsection (a), by striking out ‘‘section

24 7301(b)’’ and inserting in lieu thereof ‘‘section

25 7201(b)’’; and
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1 (B) in subsection (e)(2), by striking out ‘‘sec2 tion 7307’’ and inserting in lieu thereof ‘‘section

3 7207’’.

4 (9) Section 7205(a) of the ESEA, as redesignated by

5 subsection (b), is amended—

6 (A) in paragraph (2), by striking out ‘‘sections

7 7301 and 7307’’ and inserting in lieu thereof ‘‘sec8 tions 7201 and 7207’’;

9 (B) in paragraph (4), by—

10 (i) striking out ‘‘section 7304(e)’’ and in11 serting in lieu thereof ‘‘sections 7204(e)’’; and

12 (ii) striking out ‘‘section 7304(b)(1)’’ and

13 inserting in lieu thereof ‘‘section 7204(b)(1)’’;

14 and

15 (C) in paragraph (8), by striking out ‘‘section

16 7304’’ and inserting in lieu thereof ‘‘section 7204’’.

17 (10) Section 7206 of the ESEA, as redesignated by

18 subsection (b), is amended—

19 (A) in subsection (a)—

20 (i) by striking out ‘‘section 7305’’ and in21 serting in lieu thereof ‘‘section 7205’’; and

22 (ii) by striking out ‘‘section 7305’’ and in23 serting in lieu thereof ‘‘section 7205’’; and
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1 (B) in subsection (b), by striking out ‘‘section

2 7305(a)(7)’’ and inserting in lieu thereof ‘‘section

3 7205(a)(7)’’.

4 (11) Section 7208 of the ESEA, as redesignated by

5 subsection (b), is amended by striking out ‘‘section

6 14701’’ and inserting in lieu thereof ‘‘section 11911’’.

7 (12) Section 7305(d)(2) of the ESEA, as redesig8 nated by subsection (b), is amended by striking out ‘‘sec9 tion 7134’’ and inserting in lieu thereof ‘‘section 7124’’.

10 TITLE VIII B IMPACT AID

11 PURPOSE

12 SEC. 801. Section 8001 of the ESEA is amended to

13 read as follows:

14 ‘‘PURPOSE

15 ‘‘SEC. 8001. The purpose of this title is to provide

16 assistance to certain local educational agencies that are

17 financially burdened as a result of activities of the Federal

18 Government carried out in their jurisdictions, in order to

19 help those agencies provide educational services to their

20 children, including federally connected children, so that

21 they can meet challenging State standards.’’.

22 PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL

23 PROPERTY

24 SEC. 802. (a) ELIGIBILITY.—Section 8002(a) of the

25 ESEA is amended—
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1 (1) in the matter preceding paragraph (1), by

2 striking out ‘‘for a fiscal year ending prior to Octo3 ber 1, 1999’’ and inserting in lieu thereof ‘‘for any

4 fiscal year’’; and

5 (2) in paragraph (1)—

6 (A) in subparagraph (B), by striking out

7 ‘‘and’’ at the end thereof;

8 (B) in subparagraph (C), by striking out

9 ‘‘value of’’ and all that follows through the end

10 thereof and inserting in lieu thereof ‘‘value of

11 all real property in the local educational agency

12 (similarly determined as of the time or times

13 when the Federal property was so acquired);

14 and’’; and

15 (C) by adding at the end thereof a new

16 subparagraph (D) to read as follows:

17 ‘‘(D) has a current aggregate assessed

18 value, determined under subsection (b)(3), that

19 is at least 10 percent of the total current as20 sessed value of all real property in the local

21 educational agency; and’’.

22 (b) REPEAL OF SPECIAL-INTEREST PROVISIONS.—

23 Section 8002 of the ESEA is further amended by—

24 (1) striking out subsections (d), (e), (f), (g), (i),

25 (j), and (k); and
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1 (2) redesignating subsection (h) as subsection

2 (d).

3 (c) HOLD-HARMLESS AMOUNTS.—Subsection (d) of

4 section 8002 of the ESEA, as redesignated by subsection

5 (b)(2), is amended to read as follows:

6 ‘‘(d) HOLD-HARMLESS AMOUNTS.—Notwithstanding

7 any other provision of this section, the Secretary shall

8 make the following minimum payments for the following

9 fiscal years under this section to each local educational

10 agency that was eligible for, and received, a payment

11 under this section for fiscal year 1999 but that, as a result

12 of subsection (a)(1)(D), is no longer eligible for a payment

13 under this section:

14 ‘‘(1) For fiscal year 2001, 75 percent of the

15 amount it received for fiscal year 1999.

16 ‘‘(2) For fiscal year 2002, 50 percent of the

17 amount it received for fiscal year 1999.

18 ‘‘(3) For fiscal year 2003, 25 percent of the

19 amount it received for fiscal year 1999.’’.

20 (d) TECHNICAL AMENDMENTS.—Section 8002(b)(1)

21 of the ESEA is amended—

22 (1) in subparagraph (B), by striking out ‘‘sec23 tion 8014(a)’’ and inserting in lieu thereof ‘‘section

24 8014(a)(1)’’; and
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1 (2) in subparagraph (C), by striking out ‘‘sec2 tion 8003(b)(1)(C)’’ and inserting in lieu thereof

3 ‘‘section 8003(b)(1)(B)’’.

4 PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED

5 CHILDREN

6 SEC. 803. (a) COMPUTATION OF PAYMENTS.—Sec7 tion 8003(a) of the ESEA is amended—

8 (1) in paragraph (1)—

9 (A) in subparagraph (B), by inserting ‘‘or’’

10 after the semicolon at the end thereof;

11 (B) in subparagraph (C), by striking out

12 the semicolon at the end thereof and inserting

13 in lieu thereof a period; and

14 (C) by striking out subparagraphs (D)

15 through (G);

16 (2) in paragraph (2), by striking out subpara17 graphs (C) through (E); and

18 (3) by striking out paragraphs (3) and (4).

19 (b) BASIC SUPPORT PAYMENTS.—Section 8003(b) of

20 the ESEA is amended—

21 (1) in paragraph (1)—

22 (A) in subparagraph (A)—

23 (i) by striking out ‘‘section 8014(b)’’

24 and inserting in lieu thereof ‘‘section

25 8014(a)(2)’’; and

26 (ii) by striking out ‘‘eligible’’;
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1 (B) by striking out subparagraph (B);

2 (C) by redesignating subparagraph (C) as

3 subparagraph (B);

4 (D) in subparagraph (B), as so

5 redesignated—

6 (i) by striking out ‘‘greater’’ and in7 serting in lieu thereof ‘‘greatest’’;

8 (ii) by striking out clauses (i) and (ii);

9 (iii) by redesignating clauses (iii) and

10 (iv) as clauses (i) and (ii);

11 (iv) in clause (i), as so redesignated,

12 by striking out ‘‘or’’ at the end thereof;

13 (v) in clause (ii), as so redesignated,

14 by striking out the period at the end there15 of and inserting a semicolon and ‘‘or’’; and

16 (vi) by adding a new clause (iii) to

17 read as follows:

18 ‘‘(iii) the average per-pupil expendi19 ture of all of the States, multiplied by the

20 local contribution percentage for the

21 State.’’; and

22 (E) by adding at the end thereof a new

23 subparagraph (C) to read as follows:

24 ‘‘(C)(i) In determining the items described

25 in clauses (i) through (iii) of subparagraph (B),
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1 the Secretary shall use data for the third year

2 preceding the fiscal year for which the calcula3 tion of maximum payment amounts under that

4 subparagraph is being made, except as provided

5 in clauses (ii) and (iii) of this subparagraph.

6 ‘‘(ii) If the State does not provide all nec7 essary data for the item described in clause (i)

8 of subparagraph (B) by September 30 of the

9 fiscal year preceding the year for which the

10 payments are made, the Secretary shall use the

11 greater of the items described in clauses (ii)

12 and (iii) of that subparagraph.

13 ‘‘(iii) If satisfactory data from the third

14 preceding fiscal year are not available for any

15 of the items described in clauses (i) through

16 (iii) of subparagraph (B), the Secretary shall

17 use data from the most recent fiscal year for

18 which data that are satisfactory to the Sec19 retary are available.’’;

20 (2) in paragraph (2)—

21 (A) in subparagraph (A), by striking out

22 ‘‘section 8014(b) and inserting in lieu thereof

23 ‘‘section 8014(a)(2)’’;

24 (B) in subparagraph (B)—
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1 (i) by striking out clauses (ii) and

2 (iii);

3 (ii) in clause (i)—

4 (I) by striking out the clause des5 ignation ‘‘(i)’’; and

6 (II) by redesignating subclauses

7 (I) and (II) as clauses (i) and (ii), re8 spectively;

9 (iii) by striking out ‘‘paragraph

10 (1)(C)’’ and inserting in lieu thereof

11 ‘‘paragraph (1)(B)’’;

12 (iv) in clause (i), as redesignated by

13 clause (ii)(II), by inserting ‘‘one-half of’’

14 before ‘‘the percentage’’; and

15 (v) by amending clause (ii), as redes16 ignated by clause (ii)(II), to read as fol17 lows:

18 ‘‘(ii) 50 percent.’’; and

19 (C) by amending subparagraph (C) to read

20 as follows:

21 ‘‘(C) RATABLE DISTRIBUTIONS.—For each

22 fiscal year described in subparagraph (A), the

23 Secretary shall—
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1 ‘‘(i) make payments as a ratable dis2 tribution based on the computation made

3 under subparagraph (B); and

4 ‘‘(ii) ratably increase those payments

5 when the amount available exceeds the

6 total of the amounts determined under

7 subparagraph (B), except that no local

8 educational agency shall receive a payment

9 under this paragraph that exceeds the

10 maximum payment for which it is eligible

11 under paragraph (1)(B).’’; and

12 (3) by striking out paragraph (3).

13 (c) TECHNICAL AMENDMENT.—Section 8003(c)(1) of

14 the ESEA is amended by striking out ‘‘paragraph (2)’’

15 and inserting in lieu thereof ‘‘subsection (b)(1)(C), para16 graph (2) of this subsection, and’’.

17 (d) CHILDREN WITH DISABILITIES.—Section

18 8003(d) of the ESEA is amended—

19 (1) in paragraph (1)—

20 (A) by striking out ‘‘section 8014(c)’’ and

21 inserting in lieu thereof ‘‘section 8014(a)(3)’’;

22 (B) by striking out ‘‘determined’’ and all

23 that follows through the subparagraph designa24 tion ‘‘(A)’’ and inserting in lieu thereof ‘‘deter25 mined by’’; and
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1 (C) by striking out ‘‘factor of 1.0’’ and all

2 that follows through the period at the end

3 thereof and inserting in lieu thereof ‘‘factor of

4 1.0.’’; and

5 (2) in paragraph (2), by striking out ‘‘a free

6 appropriate public education’’ and inserting in lieu

7 thereof ‘‘services’’.

8 (e) HOLD-HARMLESS AMOUNTS.—Section 8003 of

9 the ESEA is further amended by striking out subsection

10 (e).

11 (f) HEAVILY IMPACTED LEAS.—Section 8003(f) of

12 the ESEA is amended—

13 (1) in paragraph (1), by striking out ‘‘section

14 8014(b)’’ and inserting in lieu thereof ‘‘section

15 8014(a)(2)’’; and

16 (2) by amending paragraphs (2) through (4) to

17 read as follows:

18 ‘‘(2) ELIGIBILITY.—A local educational agency

19 is eligible to receive additional assistance under this

20 subsection only if the Secretary determines that—

21 ‘‘(A)(i)(I) federally connected children de22 scribed in subsection (a)(1) constitute at least

23 40 percent of the agency’s average daily attend24 ance; and
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1 ‘‘(II) it has a tax rate for general-fund

2 purposes that is at least 100 percent of the av3 erage tax rate for those purposes of comparable

4 local educational agencies in the State; or

5 ‘‘(ii) its boundaries are the same as those

6 of a military installation;

7 ‘‘(B) it is exercising due diligence to obtain

8 State and other financial assistance; and

9 ‘‘(C) the agency’s eligibility under State

10 law for State aid with respect to the free public

11 education of children described in subsection

12 (a)(1), and the amount of that aid, are deter13 mined on a basis no less favorable to it than the

14 basis used in determining the eligibility of local

15 educational agencies for State aid, and the

16 amount of that aid, with respect to the free

17 public education of other children in the State.

18 ‘‘(3) MAXIMUM PAYMENTS.—The Secretary

19 shall determine the maximum amount that a local

20 educational agency may receive under this sub21 section as follows:

22 ‘‘(A) PER-PUPIL COST FACTOR.—The local

23 educational agency shall choose either—
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1 ‘‘(i) the average per-pupil expenditure

2 of the State in which the agency is located;

3 or

4 ‘‘(ii) the average per-pupil expenditure

5 of at least 10 generally comparable local

6 educational agencies in the State.

7 ‘‘(B) TOTAL COST FACTOR.—The Sec8 retary shall multiply the amount chosen by the

9 agency under subparagraph (A) by the average

10 daily attendance in the agency’s schools of chil11 dren described in subsection (a)(1).

12 ‘‘(C) UNMET NEED.—The Secretary

13 shall—

14 ‘‘(i) multiply—

15 ‘‘(I) the amount of funds avail16 able to the agency for current expend17 itures (determined in accordance with

18 subparagraph (D)); by

19 ‘‘(II) the percentage of the agen20 cy’s average daily attendance com21 prised of children described in sub22 section (a)(1);

23 ‘‘(ii) subtract the amount determined

24 under clause (i) from the amount deter25 mined under subparagraph (B); and
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1 ‘‘(iii) subtract the amount of any pay2 ments to the agency for that fiscal year

3 under subsections (b) and (d) of this sec4 tion.

5 ‘‘(D) AMOUNT AVAILABLE FOR CURRENT

6 EXPENDITURES.—In determining the amount of

7 funds available in any fiscal year to a local edu8 cational agency for current expenditures (as de9 fined in section 8013(4)) under subparagraph

10 (C)(i)(I), the Secretary shall also include, with

11 respect to the local educational agency’s open12 ing cash balance for that fiscal year, the portion

13 of that balance that is the greater of—

14 ‘‘(i) the amount that exceeds the max15 imum amount of funds for current expend16 itures that the agency was allowed by

17 State law to carry over from the prior fis18 cal year, if State restrictions on those

19 amounts were applied uniformly to all local

20 educational agencies in the State; or

21 ‘‘(ii) the amount that exceeds 30 per22 cent of the agency’s operating costs for the

23 prior fiscal year.

24 ‘‘(4) DATA.—In determining a local educational

25 agency’s eligibility for, and the amount of, any pay-
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1 ment under this subsection for any fiscal year, the

2 Secretary shall use—

3 ‘‘(A) student, revenue, expenditure, tax,

4 and other necessary data from the second pre5 ceding fiscal year, if the agency (or the State

6 educational agency) provides the Secretary

7 those data within 60 days of being requested in

8 writing to do so; and

9 ‘‘(B) if any of those data are not provided

10 by that deadline, such data from the most re11 cent preceding fiscal year for which data that

12 are satisfactory to the Secretary are available.’’.

13 (g) CHILDREN WITH SEVERE DISABILITIES.—Sec14 tion 8003 of the ESEA is further amended by striking

15 out subsection (g).

16 (h) OTHER FEDERAL FUNDS.—Section 8003(h) of

17 the ESEA is amended to read as follows:

18 ‘‘(h) OTHER FEDERAL FUNDS.—Notwithstanding

19 any other provision of law, a local educational agency may

20 not receive a payment under this section for children

21 claimed in its application if Federal funds (other than

22 funds under this title) provide a substantial portion of the

23 educational program for those children.’’.

24 (i) MAINTENANCE OF EFFORT.—Section 8003 of the

25 ESEA is further amended by striking out subsection (i).
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1 POLICIES AND PROCEDURES RELATING TO CHILDREN

2 RESIDING ON INDIAN LANDS

3 SEC. 804. Section 8004 of the ESEA is amended—

4 (1) by amending the heading to read ‘‘INDIAN

5 COMMUNITY PARTICIPATION.’’;

6 (2) by amending subsection (a) to read as fol7 lows:

8 ‘‘(a) IN GENERAL.—(1) Any local educational agency

9 that claims children residing on Indian lands for the pur10 pose of receiving funds under section 8003 shall ensure

11 that those children participate in programs and activities

12 supported by those funds on an equal basis with all other

13 children.

14 ‘‘(2)(A) Any local educational agency described in

15 paragraph (1) shall ensure that the parents of Indian chil16 dren and Indian tribes are afforded an opportunity to

17 present their views and make recommendations on the

18 unique educational needs of those children and how those

19 children may realize the benefits of the educational pro20 grams and activities of the local educational agency, in21 cluding the benefits of programs and activities assisted

22 under this Act.

23 ‘‘(B)(i) A local educational agency that receives a

24 grant under subpart 1 of part A of title IX of this Act

25 shall comply with subparagraph (A) through activities
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1 planned and carried out by the parent committee estab2 lished under that subpart.

3 ‘‘(ii) A local educational agency that does not receive

4 such a grant may form an Indian parent committee to

5 implement subparagraph (A).

6 ‘‘(iii) Subject to clause (i), a local educational agency

7 may meet the requirements of subparagraph (A) by car8 rying out the parental-involvement requirements of section

9 1118 of this Act for all children it claims who reside on

10 Indian lands.

11 ‘‘(C) A local educational agency that provides services

12 under part A of title I of this Act for any children residing

13 on Indian lands that it claims for the purpose of receiving

14 funds under section 8003 shall ensure that it complies

15 with section 1118 with respect to those children and their

16 parents.

17 ‘‘(3) A local educational agency may use funds pro18 vided under section 8003 (other than under section

19 8003(d)), for activities designed to increase tribal and pa20 rental involvement in the education of Indian children, in21 cluding, but not limited to, parent education, professional

22 development related to the unique educational needs of In23 dian children, and implementing model educational pro24 grams that are proven to be effective for Indian children.’’;
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1 (3) by amending subsection (b) to read as fol2 lows:

3 ‘‘(b) RECORDS.—Each local educational agency de4 scribed in subsection (a) shall maintain records dem5 onstrating its compliance with that subsection.’’;

6 (4) by striking out subsection (c);

7 (5) by redesignating subsections (d) through (f)

8 as subsections (c) through (e), respectively; and

9 (6) by amending subsection (c), as so redesig10 nated, to read as follows:

11 ‘‘(c) TECHNICAL ASSISTANCE AND ENFORCE12 MENT.—The Secretary shall—

13 ‘‘(1) provide technical assistance, as the Sec14 retary finds necessary, to local educational agencies,

15 parents, and Indian tribes to enable them to carry

16 out this section;

17 ‘‘(2) recommend activities for local educational

18 agencies to carry out using funds provided under

19 section 8003 to increase tribal and parental involve20 ment; and

21 ‘‘(3) enforce this section through such action

22 (which may include the withholding of funds) as the

23 Secretary finds appropriate, after affording the

24 agency, parents, and affected Indian tribes an op25 portunity to present their views.’’.
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1 APPLICATIONS FOR PAYMENTS UNDER SECTIONS 8002

2 AND 8003

3 SEC. 805. Section 8005 of the ESEA is amended—

4 (1) in subsection (b)(2), by striking out ‘‘chil5 dren residing on Indian lands’’ and inserting in lieu

6 thereof ‘‘Indian community participation’’; and

7 (2) in subsection (d)—

8 (A) in paragraph (2), by striking out ‘‘ex9 cept that, notwithstanding section 8003(e),’’

10 and inserting in lieu thereof ‘‘except that’’; and

11 (B) by striking out paragraph (4).

12 PAYMENTS FOR SUDDEN AND SUBSTANTIAL INCREASES

13 IN ATTENDANCE OF MILITARY DEPENDENTS

14 SEC. 806. Section 8006 of the ESEA is repealed.

15 CONSTRUCTION

16 SEC. 807. Section 8007 of the ESEA is amended to

17 read as follows:

18 ‘‘CONSTRUCTION

19 ‘‘SEC. 8007. (a) PAYMENTS AUTHORIZED.—From

20 the amount appropriated for each fiscal year under section

21 8014(a)(4), the Secretary shall make a payment, to assist

22 in the construction of school facilities, to each local edu23 cational agency—

24 ‘‘(1) that receives a basic payment under sec25 tion 8003(b);
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1 ‘‘(2) in which the number of children described

2 in section 8003(a)(1)(C) is at least 50 percent of the

3 number of children who were in average daily at4 tendance in the agency’s schools; and

5 ‘‘(3) that meets the requirements of this sec6 tion.

7 ‘‘(b) APPLICATION.—Each local educational agency

8 that wishes to receive a payment under this section shall

9 submit an application to the Secretary at such time, in

10 such manner, and containing such information as the Sec11 retary may require, including—

12 ‘‘(1) a description of the agency’s assessment of

13 its school-construction needs and the results of that

14 assessment; and

15 ‘‘(2) the agency’s plan for the use of the funds

16 for which it is applying.

17 ‘‘(c) AMOUNT OF PAYMENTS.—The amount of a local

18 educational agency’s payment under this section shall bear

19 the same ratio to the amount available for all such pay20 ments as the number of children described in section

21 8003(a)(1)(C) for that agency bears to the total number

22 of those children for all agencies eligible for such a pay23 ment.

24 ‘‘(d) FEDERAL SHARE.—(1) The Federal share of a

25 project under this section may not exceed 50 percent.
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1 ‘‘(2) The Secretary shall not obligate funds

2 under this section with respect to an eligible local

3 educational agency until the Secretary is satisfied

4 that the agency will provide the non-Federal share

5 of the cost of the project.

6 ‘‘(3) Any funds that are not obligated with re7 spect to a local educational agency within three

8 years of the approval of its application under this

9 section shall be reallocated to other eligible agencies.

10 ‘‘(e) USE OF FUNDS.—A local educational agency

11 shall use funds received under this section only for—

12 ‘‘(1) construction, as defined in section

13 8013(3); and

14 ‘‘(2) minimum initial equipment necessary for

15 the operation of a new or renovated school facility.’’.

16 FACILITIES

17 SEC. 808. Section 8008(a) of the ESEA is amended

18 by striking out ‘‘section 8014(f)’’ and inserting in lieu

19 thereof ‘‘section 8014(a)(5)’’.

20 STATE CONSIDERATION OF PAYMENTS IN PROVIDING

21 STATE AID

22 SEC. 809. Section 8009 of the ESEA is amended—

23 (1) in subsection (a)(1), by striking out ‘‘or

24 under’’ and all that follows through ‘‘of 1994)’’;

25 (2) by amending subsection (b)(1) to read as

26 follows:
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1 ‘‘(1) IN GENERAL.—A State may reduce State

2 aid to a local educational agency that receives a pay3 ment under section 8002 or section 8003(b) (except

4 the amount calculated in excess of 1.0 under section

5 8003(a)(2)(B)) for any fiscal year only if the Sec6 retary determines, and certifies under subsection

7 (c)(3)(A), that—

8 ‘‘(A) the State has in effect a program of

9 State aid that equalizes expenditures for free

10 public education among local educational agen11 cies in the State; and

12 ‘‘(B) the average per-pupil expenditure in

13 the State is at least 80 percent of the average

14 such expenditure in the 50 States and the Dis15 trict of Columbia.’’; and

16 (3) in subsection (d)—

17 (A) in paragraph (1)—

18 (i) by striking out ‘‘or under’’ and all

19 that follows through ‘‘of 1994)’’; and

20 (ii) in subparagraph (B), by striking

21 out ‘‘or under’’ and all that follows

22 through ‘‘of 1994)’’; and

23 (B) in paragraph (2), by striking out ‘‘or

24 under’’ and all that follows through ‘‘of 1994)’’.
467

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1 FEDERAL ADMINISTRATION

2 SEC. 810. Section 8010 of the ESEA is amended by

3 striking out subsection (c).

4 ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW

5 SEC. 811. Section 8011(a) of the ESEA is amended

6 by striking out ‘‘or under’’ and all that follows through

7 ‘‘of 1994)’’ and inserting in lieu thereof ‘‘or under its

8 predecessor authorities’’.

9 FORGIVENESS OF OVERPAYMENTS

10 SEC. 812. Section 8012 of the ESEA is amended by

11 striking out ‘‘under the’’ and all that follows through ‘‘of

12 1994)’’ and inserting in lieu thereof ‘‘under its prede13 cessor authorities’’.

14 DEFINITIONS

15 SEC. 813. Section 8013 of the ESEA is amended—

16 (1) in paragraph (4), by striking out ‘‘and title

17 VI’’;

18 (2) in paragraph (5)—

19 (A) in subparagraph (A)—

20 (i) by striking out ‘‘subparagraphs

21 (B) through (F)’’ and inserting in lieu

22 thereof ‘‘subparagraphs (B) through (D)’’;

23 (ii) in clause (ii)(V), by striking out

24 ‘‘as described in paragraph (10)’’ and in25 serting in lieu thereof ‘‘as described in

26 clause (iii)’’; and
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1 (iii) by amending clause (iii) to read

2 as follows:

3 ‘‘(iii)(I) part of a low-income housing

4 project assisted under the United States

5 Housing Act of 1937; or

6 ‘‘(II) affordable housing assisted

7 under the Native American Housing As8 sistance and Self-Determination Act of

9 1996; or’’; and

10 (B) by striking out subparagraphs (B) and

11 (F) and redesignating subparagraphs (C)

12 through (E) as subparagraphs (B) through (D),

13 respectively;

14 (3) in paragraph (7), by striking out ‘‘or

15 (5)(F)’’;

16 (4) in paragraph (8)(B), by striking out ‘‘all

17 States’’ and inserting in lieu thereof ‘‘the 50 States

18 and the District of Columbia’’;

19 (5) in paragraph (9)(B)(i), by striking out ‘‘or

20 the Act’’ and all that follows through ‘‘of 1994)’’

21 and inserting in lieu thereof ‘‘(or under its prede22 cessor authority)’’;

23 (6) by striking out paragraphs (10) and (11);

24 and
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1 (7) by redesignating paragraph (12) as para2 graph (10).

3 AUTHORIZATION OF APPROPRIATIONS

4 SEC. 814. Section 8014 of the ESEA is amended to

5 read as follows:

6 ‘‘AUTHORIZATION OF APPROPRIATIONS

7 ‘‘SEC. 8014. (a) There are authorized to be appro8 priated such sums as may be necessary for fiscal year

9 2001 and for each of the four succeeding fiscal years to

10 carry out each of the following provisions of this title:

11 ‘‘(1) Section 8002, payments for Federal acqui12 sition of real property.

13 ‘‘(2) Section 8003(b), basic payments; and sec14 tion 8003(f), payments for heavily impacted local

15 educational agencies.

16 ‘‘(3) Section 8003(d), payments for children

17 with disabilities.

18 ‘‘(4) Section 8007, construction.

19 ‘‘(5) Section 8008, facilities maintenance.

20 ‘‘(b) Funds appropriated to carry out sections 8007

21 and 8008 shall be available to the Secretary until ex22 pended.’’.
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1 TITLE IX—INDIAN, NATIVE HAWAIIAN, AND

2 ALASKA NATIVE EDUCATION

3 PART A—INDIAN EDUCATION

4 FINDINGS AND PURPOSE

5 SEC. 901. Sections 9101(1)(C), 9102(a), and

6 9102(b)(1) of the ESEA are each amended by striking

7 out ‘‘special’’ and inserting in lieu thereof ‘‘unique’’.

8 GRANTS TO LOCAL EDUCATIONAL AGENCIES

9 SEC. 902. Section 9112(b)(2) of the ESEA is amend10 ed by inserting a comma and ‘‘except that any such tribe

11 is not subject to section 9114(c)(4) (parent committee),

12 section 9117(c) (maintenance of effort), or section 9118

13 (State review of applications)’’ before the period at the

14 end thereof.

15 AMOUNT OF GRANTS

16 SEC. 903. Section 9113 of the ESEA is amended—

17 (1) in subsection (b)(2), by striking out ‘‘Act’’

18 and inserting in lieu thereof ‘‘subpart’’; and

19 (2) by amending subsection (d) to read as fol20 lows:

21 ‘‘(d) SCHOOLS OPERATED OR SUPPORTED BY THE

22 BUREAU OF INDIAN AFFAIRS.—(1) In addition to the

23 grants awarded under subsection (a), and subject to sub24 section (e), the Secretary shall allocate to the Secretary

25 of the Interior an amount equal to the product of—
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1 ‘‘(A) the total number of Indian children en2 rolled in schools that are operated by—

3 ‘‘(i) the Bureau of Indian Affairs; or

4 ‘‘(ii) an Indian tribe, or an organization

5 controlled or sanctioned by an Indian tribal

6 government, for the children of that tribe under

7 a contract with, or grant from, the Department

8 of the Interior under the Indian Self-Deter9 mination Act or the Tribally Controlled Schools

10 Act of 1988; and

11 ‘‘(B) the greater of—

12 ‘‘(i) the average per-pupil expenditure of

13 the State in which the school is located; or

14 ‘‘(ii) 80 percent of the average per-pupil

15 expenditure in the United States.

16 ‘‘(2) Any school described in paragraph (1) that wish17 es to receive an allocation under this subpart shall submit

18 an application in accordance with section 9114, and shall

19 otherwise be treated as a local educational agency for the

20 purpose of this subpart, except that it shall not be subject

21 to section 9114(c)(4) (parent committee), section 9117(c)

22 (maintenance of effort), or section 9118 (State review of

23 applications).’’.

24 APPLICATIONS

25 SEC. 904. Section 9114 of the ESEA is amended—
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1 (1) in subsection (b)(2), by amending subpara2 graph (A) to read as follows:

3 ‘‘(A) is consistent with State and local

4 plans under other provisions of this Act; and’’;

5 (2) by amending subsection (c)(3)(A) to read as

6 follows:

7 ‘‘(A) is based on a comprehensive local as8 sessment and prioritization of the unique edu9 cational and culturally related academic needs

10 of the American Indian and Alaska Native stu11 dents to whom the local educational agency is

12 providing an education;’’ and

13 (3) in paragraph (4)—

14 (A) by amending subparagraph (B) to read

15 as follows:

16 ‘‘(B) a majority of whose members are

17 parents of Indian children;’’ and

18 (B) in subparagraph (D)(ii), by striking

19 out ‘‘will not diminish’’ and inserting in lieu

20 thereof ‘‘will enhance’’.

21 AUTHORIZED SERVICES AND ACTIVITIES

22 SEC. 905. Section 9115(b) of the ESEA is

23 amended—

24 (1) in paragraph (5), by striking out ‘‘Applied

25 Technology Education Act’’ and inserting in lieu

26 thereof ‘‘Technical Education Act of 1998’’;
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1 (2) in paragraph (6), by striking out ‘‘and’’ at

2 the end thereof;

3 (3) in paragraph (7), by striking out the period

4 at the end thereof and inserting in lieu thereof a

5 semicolon and ‘‘and’’; and

6 (4) by adding at the end thereof paragraphs (8)

7 through (11) to read as follows:

8 ‘‘(8) activities that promote the incorporation of

9 culturally responsive teaching and learning strategies

10 into the educational program of the local educational

11 agency;

12 ‘‘(9) activities that incorporate American

13 Indian- and Alaska Native-specific curriculum con14 tent, consistent with State standards, into the cur15 riculum used by the local educational agency;

16 ‘‘(10) activities to promote coordination and

17 collaboration between tribal, Federal, and State pub18 lic schools in areas that will improve American In19 dian and Alaska Native student achievement; and

20 ‘‘(11) activities that addresses the special needs

21 of American Indian and Alaska Native students who

22 are gifted and talented.’’.

23 STUDENT ELIGIBILITY FORMS

24 SEC. 906. Section 9116 of the ESEA is amended—

25 (1) in subsection (f)—
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1 (A) in the second sentence of paragraph

2 (1)(A), by inserting ‘‘the’’ before ‘‘size’’; and

3 (B) in paragraph (3), by striking out ‘‘sub4 section (d)’’ and inserting in lieu thereof ‘‘sub5 section (a)’’;

6 (2) by amending subsection (g) to read as fol7 lows:

8 ‘‘(g) TRIBAL GRANT AND CONTRACT SCHOOLS.—

9 Notwithstanding any other provision of this section, the

10 Secretary, in awarding funds under this subpart to a tribal

11 school that receives a grant or contract from the Bureau

12 of Indian Affairs, shall use only one of the following, as

13 selected by the school:

14 ‘‘(1) A count of the number of students in those

15 schools certified by the Bureau.

16 ‘‘(2) A count of the number of students for

17 whom the school has eligibility forms that comply

18 with this section.’’; and

19 (3) by adding at the end thereof a new sub20 section (h) to read as follows:

21 ‘‘(h) TIMING OF CHILD COUNTS.—For purposes of

22 determining the number of children to be counted in calcu23 lating the amount of a local educational agency’s grant

24 under this subpart (other than in the case described in

25 subsection (g)(1)), the local educational agency shall—
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1 ‘‘(1) establish a date on, or a period not longer

2 than 31 consecutive days during which, the agency

3 counts those children, so long as that date or period

4 occurs before the deadline established by the Sec5 retary for submitting an application under section

6 9114; and

7 ‘‘(2) determine that each such child was en8 rolled, and receiving a free public education, in a

9 school of the agency on that date or during that pe10 riod, as the case may be.’’.

11 PAYMENTS

12 SEC. 907. Section 9117(b) of the ESEA is amended

13 by striking out ‘‘(or under subpart 1 of the Indian Edu14 cation Act of 1988)’’.

15 STATE EDUCATIONAL AGENCY REVIEW

16 SEC. 908. Section 9118 of the ESEA is amended to

17 read as follows:

18 ‘‘STATE EDUCATIONAL AGENCY REVIEW

19 ‘‘SEC. 9118. Before submitting an application to the

20 Secretary under section 9114, a local educational agency

21 shall submit it to the State educational agency, which may

22 comment on it. If the State educational agency comments

23 on the application, it shall comment on all applications

24 submitted by local educational agencies in the State and

25 shall provide those comments to the respective local edu26 cational agencies, with an opportunity to respond.’’.
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1 IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR

2 INDIAN CHILDREN

3 SEC. 909. Section 9121(d)(2) of the ESEA is

4 amended—

5 (1) in subparagraph (A), by striking out ‘‘sub6 section’’ and inserting in lieu thereof ‘‘section’’; and

7 (2) in subparagraph (B)—

8 (A) by inserting a comma and ‘‘other than

9 an application for a dissemination grant under

10 paragraph (1)(D),’’ after ‘‘subparagraph (A)’’;

11 (B) in clause (ii), by striking out ‘‘and’’ at

12 the end thereof;

13 (C) by redesignating clause (iii) as clause

14 (v); and

15 (D) by inserting new clauses (iii) and (iv)

16 to read as follows:

17 ‘‘(iii) information demonstrating that

18 the proposed program is either a research19 based program or such a program that has

20 been modified to be culturally appropriate

21 for the students who will be served;

22 ‘‘(iv) a description of how the appli23 cant will incorporate the proposed services

24 into the ongoing school program once the

25 grant period is over; and’’.
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1 PROFESSIONAL DEVELOPMENT

2 SEC. 910. Section 9122 of the ESEA is amended—

3 (1) in subsection (e)—

4 (A) by striking out paragraph (2); and

5 (B) by striking out the subsection designa6 tion ‘‘(e)’’ and all that follows through ‘‘Each’’

7 and inserting in lieu thereof ‘‘(e) APPLICA8 TION.—Each’’;

9 (2) in subsection (h)(1), by inserting

10 ‘‘preservice’’ after ‘‘receives’’; and

11 (3) by adding at the end thereof a new sub12 section (i) to read as follows:

13 ‘‘(i) IN-SERVICE TRAINING FOR TEACHERS OF IN14 DIAN CHILDREN.—

15 ‘‘(1) GRANTS AUTHORIZED.—In addition to the

16 grants authorized by subsection (c), the Secretary

17 may make grants to either of the following, in order

18 to provide high-quality in-service training to teachers

19 in local educational agencies with substantial num20 bers of Indian children enrolled in their schools:

21 ‘‘(A) A consortium of a tribal college and

22 an institution of higher education that awards

23 a degree in education.

24 ‘‘(B) A consortium of a tribal college or an

25 institution of higher education that awards a
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1 degree in education, or both, and one or more

2 elementary or secondary schools operated by an

3 Indian tribe or funded by the Bureau of Indian

4 Affairs, local educational agencies serving In5 dian children, or tribal educational agencies.

6 ‘‘(2) USE OF FUNDS.—(A) A consortium that

7 receives a grant under paragraph (1) shall use the

8 grant funds only to provide high-quality in-service

9 training to teachers, including teachers who are not

10 Indian, in local educational agencies with substantial

11 numbers of Indian children enrolled in their schools,

12 in order to better meet the unique educational needs

13 of those children.

14 ‘‘(B) The training described in subparagraph

15 (A) shall include such activities as preparing teach16 ers to use the best available research-based practices

17 and learning strategies, and to make the most effec18 tive use of curriculum and materials, that respond to

19 the unique needs of Indian children in their class20 rooms.

21 ‘‘(3) SPECIAL RULE.—Subsection (d) of this

22 section shall not apply to grants made under this

23 subsection.

24 ‘‘(4) PREFERENCE FOR INDIAN APPLICANTS.—

25 In applying section 9153 to this subsection, the Sec-
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1 retary shall give a preference to any consortium that

2 includes one or more of the entities described in that

3 section.’’.

4 REPEAL OF AUTHORITIES

5 SEC. 911. Part A of title IX of the ESEA is further

6 amended—

7 (1) by striking out sections 9123, 9124, and

8 9125;

9 (2) by striking out subpart 3; and

10 (3) by redesignating subparts 4, 5, and 6 as

11 subparts 3, 4, and 5, respectively.

12 FEDERAL ADMINISTRATION

13 SEC. 912. (a) PEER REVIEW.—Section 9152 of the

14 ESEA is amended by striking out ‘‘subpart 2, 3, or 4’’

15 and inserting in lieu thereof ‘‘subpart 2 or 3’’.

16 (b) PREFERENCE FOR INDIAN APPLICANTS.—Section

17 9153 of the ESEA is amended by striking out ‘‘subpart

18 2, 3, or 4’’ and inserting in lieu thereof ‘‘subpart 2 or

19 3’’.

20 (c) MINIMUM GRANT CRITERIA.—Section 9154 of the

21 ESEA is amended by striking out ‘‘subpart 2 or 3’’ and

22 inserting in lieu thereof ‘‘subpart 2’’.

23 AUTHORIZATION OF APPROPRIATIONS

24 SEC. 913. Section 9162 of the ESEA is amended to

25 read as follows:
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1 ‘‘AUTHORIZATION OF APPROPRIATIONS

2 ‘‘SEC. 9162. (a) SUBPART 1.—For the purpose of

3 carrying out subpart 1 of this part, there are authorized

4 to be appropriated such sums as may be necessary for

5 each of the fiscal years 2001 through 2005.

6 ‘‘(b) SUBPARTS 2 AND 3.—For the purpose of car7 rying out subparts 2 and 3 of this part, there are author8 ized to be appropriated such sums as may be necessary

9 for each of the fiscal years 2001 through 2005.’’.

10 PART B—NATIVE HAWAIIAN EDUCATION

11 NATIVE HAWAIIAN EDUCATION

12 SEC. 921. Part B of title IX of the ESEA is

13 amended—

14 (1) by amending the heading thereof to read as

15 follows: ‘‘PART B—NATIVE HAWAIIAN EDUCATION’’;

16 (2) in section 9202(17), by inserting after the

17 first sentence the following: ‘‘Subsequent reports by

18 the Kamahameha School Bishop Estate and other

19 organizations have generally confirmed those find20 ings.’’;

21 (3) in section 9203(2), by striking out ‘‘on Na22 tive Hawaiian education,’’ and everything that fol23 lows through the end thereof and inserting in lieu

24 thereof ‘‘on Native Hawaiian education;’’;
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1 (4) by repealing sections 9204 through 9210

2 and inserting in lieu thereof a new section 9204 to

3 read as follows:

4 ‘‘PROGRAM AUTHORIZED

5 ‘‘SEC. 9204. (a) GENERAL AUTHORITY.—

6 ‘‘(1) PROGRAM AUTHORIZED.—The Secretary is

7 authorized to make grants to, or enter into contracts

8 with, Native Hawaiian educational organizations;

9 Native Hawaiian community-based organizations;

10 public and private nonprofit organizations, agencies,

11 or institutions with experience in developing or oper12 ating Native Hawaiian programs or programs of in13 struction in the Native Hawaiian language; and con14 sortia of such organizations, agencies, or institutions

15 to carry out programs that meet the purposes of this

16 part.

17 ‘‘(2) PERMISSIBLE ACTIVITIES.—Programs

18 under this part may include—

19 ‘‘(A) the operation of one or more councils

20 to coordinate the provision of educational and

21 related services and programs available to Na22 tive Hawaiians;

23 ‘‘(B) the operation of family-based edu24 cation centers that provide such services as—

25 ‘‘(i) programs for parents and their

26 infants from prenatal through age three;
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1 ‘‘(ii) preschool programs; and

2 ‘‘(iii) research on, development of, and

3 assessment of family-based, early child4 hood, and preschool programs for Native

5 Hawaiians;

6 ‘‘(C) activities to enable Native Hawaiians

7 to enter and complete programs of postsec8 ondary education, including—

9 ‘‘(i) full or partial scholarships for un10 dergraduate or graduate study that are

11 awarded to students based on their aca12 demic promise and financial need, with a

13 priority, at the graduate level, given to

14 professions in which Native Hawaiians are

15 underrepresented;

16 ‘‘(ii) counseling and support services

17 for students receiving scholarship assist18 ance;

19 ‘‘(iii) counseling and guidance for Na20 tive Hawaiian secondary students who have

21 the potential to receive scholarships; and

22 ‘‘(iv) faculty development activities de23 signed to promote the matriculation of Na24 tive Hawaiian students;
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1 ‘‘(D) activities that address the special

2 needs of Native Hawaiian students who are

3 gifted and talented, including—

4 ‘‘(i) educational, psychological, and

5 developmental activities designed to assist

6 in the educational progress of those stu7 dents; and

8 ‘‘(ii) activities that involve the parents

9 of those students in a manner designed to

10 assist in the students’ educational

11 progress;

12 ‘‘(E) activities to meet the special needs of

13 Native Hawaiian students with disabilities,

14 including—

15 ‘‘(i) the identification of such stu16 dents, and of their needs;

17 ‘‘(ii) the provision of support services

18 to the families of those students; and

19 ‘‘(iii) other activities consistent with

20 the requirements of the Individuals with

21 Disabilities Education Act.

22 ‘‘(F) the development of academic and vo23 cational curricula to address the needs of Na24 tive Hawaiian children and adults, including

25 curriculum materials in the Hawaiian language
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1 and mathematics and science curricula that in2 corporate Native Hawaiian tradition and cul3 ture;

4 ‘‘(G) professional development activities for

5 educators, including—

6 ‘‘(i) the development of programs to

7 prepare prospective teachers to address the

8 unique needs of Native Hawaiian students

9 within the context of Native Hawaiian cul10 ture, language, and traditions;

11 ‘‘(ii) in-service programs to improve

12 the ability of teachers who teach in schools

13 with concentrations of Native Hawaiian

14 students to meet those students’ unique

15 needs; and

16 ‘‘(iii) recruiting and preparing Native

17 Hawaiians, and other individuals who live

18 in communities with a high concentration

19 of Native Hawaiians, to become teachers;

20 ‘‘(H) the operation of community-based

21 learning centers that address the needs of na22 tive Hawaiian families and communities

23 through the coordination of public and private

24 programs and services, including—

25 ‘‘(i) preschool programs;
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1 ‘‘(ii) after-school programs; and

2 ‘‘(iii) vocational and adult education

3 programs;

4 ‘‘(I) research and data-collection activities

5 to determine the educational status and needs

6 of Native Hawaiian children and adults;

7 ‘‘(J) other research and evaluation activi8 ties related to programs under this part; and

9 ‘‘(K) other activities, consistent with the

10 purposes of this part, to meet the educational

11 needs of Native Hawaiian children and adults.

12 ‘‘(3) PRIORITIES.—In awarding grants or con13 tracts to carry out activities described in paragraphs

14 (2)(F) and (2)(G), the Secretary shall give priority

15 to projects that—

16 ‘‘(A) focus on the needs of at-risk youth;

17 and

18 ‘‘(B) use the Hawaiian language in in19 struction.

20 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There

21 are authorized to be appropriated such sums as may be

22 necessary for each of the fiscal years 2001 through 2005

23 to carry out this part.’’;

24 (5) in section 9211, by amending subsection (b)

25 to read as follows:
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1 ‘‘(b) SPECIAL RULE.—Each applicant for a grant or

2 contract under this part shall submit its application for

3 comment to each local educational agency serving students

4 who will participate in the project and include those com5 ments, if any, with its application to the Secretary.’’;

6 (6) in section 9212, by—

7 (A) striking out paragraphs (3) and (5);

8 and

9 (B) redesignating paragraphs (4) and (6)

10 as paragraphs (3) and (4), respectively; and

11 (7) by redesignating section 9211 and section

12 9212 as section 9205 and section 9206, respectively.

13 PART C—ALASKA NATIVE EDUCATION

14 ALASKA NATIVE EDUCATION

15 SEC. 931. Part C of title IX of the ESEA is

16 amended—

17 (1) by repealing sections 9304 through 9306

18 and inserting in lieu thereof a new section 9304 to

19 read as follows:

20 ‘‘PROGRAM AUTHORIZED

21 ‘‘SEC. 9304. (a) GENERAL AUTHORITY.—

22 ‘‘(1) PROGRAM AUTHORIZED.—The Secretary is

23 authorized to make grants to, or enter into contracts

24 with, Alaska Native organizations, educational enti25 ties with experience in developing or operating Alas26 ka Native programs or programs of instruction con-
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1 ducted in Alaska Native languages, and consortia of

2 such organizations and entities to carry out pro3 grams that meet the purpose of this part.

4 ‘‘(2) PERMISSIBLE ACTIVITIES.—Programs

5 under this part may include—

6 ‘‘(A) the development and implementation

7 of plans, methods, and strategies to improve the

8 education of Alaska Natives;

9 ‘‘(B) the development of curricula and edu10 cational programs that address the educational

11 needs of Alaska Native students, including—

12 ‘‘(i) curriculum materials that reflect

13 the cultural diversity or the contributions

14 of Alaska Natives;

15 ‘‘(ii) instructional programs that make

16 use of Native Alaskan languages; and

17 ‘‘(iii) networks that introduce success18 ful programs, materials, and techniques to

19 urban and rural schools;

20 ‘‘(C) professional development activities for

21 educators, including—

22 ‘‘(i) programs to prepare teachers to

23 address the cultural diversity and unique

24 needs of Alaska Native students;
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1 ‘‘(ii) in-service programs to improve

2 the ability of teachers to meet the unique

3 needs of Alaska Native students; and

4 ‘‘(iii) recruiting and preparing teach5 ers who are Alaska Natives, reside in com6 munities with high concentrations of Alas7 ka Native students, or are likely to succeed

8 as teachers in isolated, rural communities

9 and engage in cross-cultural instruction;

10 ‘‘(D) the development and operation of

11 home instruction programs for Alaska Native

12 preschool children, the purpose of which is to

13 ensure the active involvement of parents in

14 their children’s education from the earliest

15 ages;

16 ‘‘(E) the development and operation of stu17 dent enrichment programs in science and math18 ematics that—

19 ‘‘(i) are designed to prepare Alaska

20 Native students from rural areas, who are

21 preparing to enter high school, to excel in

22 science and math; and

23 ‘‘(ii) provide appropriate support serv24 ices to the families of such students that
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1 are needed to enable such students to ben2 efit from the program;

3 ‘‘(F) research and data-collection activities

4 to determine the educational status and needs

5 of Alaska Native children and adults;

6 ‘‘(G) other research and evaluation activi7 ties related to programs under this part; and

8 ‘‘(H) other activities, consistent with the

9 purposes of this part, to meet the educational

10 needs of Alaska Native children and adults.

11 ‘‘(3) HOME INSTRUCTION PROGRAMS.—Home

12 instruction programs for Alaska Native preschool

13 children under paragraph (2)(D) may include—

14 ‘‘(A) programs for parents and their in15 fants, from prenatal through age three;

16 ‘‘(B) preschool programs; and

17 ‘‘(C) training, education, and support for

18 parents in such areas as reading readiness, ob19 servation, storytelling, and critical thinking.

20 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There

21 are authorized to be appropriated such sums as may be

22 necessary for each of the fiscal years 2001 through 2005

23 to carry out this part.’’;

24 (2) in section 9307—
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1 (A) by amending subsection (b) to read as

2 follows:

3 ‘‘(b) APPLICATIONS.—State and local educational

4 agencies may apply for an award under this part only as

5 part of a consortium involving an Alaska Native organiza6 tion. This consortium may include other eligible appli7 cants.’’;

8 (B) by amending subsection (d) to read as

9 follows:

10 ‘‘(d) LOCAL EDUCATIONAL AGENCY COORDINA11 TION.—Each applicant for an award under this part shall

12 inform each local educational agency serving students who

13 would participate in the project about its application.’’;

14 and

15 (C) by striking out subsection (e); and

16 (3) by redesignating section 9307 and section

17 9308 as section 9305 and section 9306, respectively.

18 TITLE X—PROGRAMS OF NATIONAL

19 SIGNIFICANCE

20 FUND FOR THE IMPROVEMENT OF EDUCATION

21 SEC. 1001. Part A of title X of the ESEA is

22 amended—

23 (1) in section 10101—

24 (A) in subsection (a)—
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1 (i) by striking out ‘‘National Edu2 cation Goals’’ and inserting in lieu thereof

3 ‘‘America’s Education Goals’’; and

4 (ii) by inserting ‘‘elementary and sec5 ondary’’ immediately after ‘‘improve the

6 quality of’’;

7 (B) by amending subsection (b) to read as fol8 lows:

9 ‘‘(b) USE OF FUNDS.—Funds under this section may

10 be used for—

11 ‘‘(1) development, evaluation, and other activi12 ties that are designed to—

13 ‘‘(A) improve the quality of elementary and

14 secondary education;

15 ‘‘(B) assist all students to meet chal16 lenging State standards; and

17 ‘‘(C) contribute to the achievement of

18 America’s Education goals;

19 ‘‘(2) the development, implementation, and

20 evaluation of programs that are designed to foster

21 student community service, encourage responsible

22 citizenship and improve academic learning, and give

23 students the opportunity to apply what they learn in

24 the classroom to meet actual community needs;
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1 ‘‘(3) the identification and recognition of exem2 plary schools and programs, such as Blue Ribbon

3 Schools;

4 ‘‘(4) activities to study and implement strate5 gies for creating smaller learning communities;

6 ‘‘(5) programs under section 10102 and section

7 10103;

8 ‘‘(6) activities to promote family involvement in

9 education; and

10 ‘‘(7) other programs and projects that meet the

11 purposes of this section.’’;

12 (C) by amending subsection (c) to read as

13 follows:

14 ‘‘(c) AWARDS.—(1) The Secretary may—

15 ‘‘(A) make awards under this section on the

16 basis of competitions announced by the Secretary;

17 and

18 ‘‘(B) support meritorious unsolicited proposals.

19 ‘‘(2) An applicant for an award under this section,

20 shall—

21 ‘‘(A) establish clear goals and objectives for its

22 project under this part; and

23 ‘‘(B) describe the activities it will carry out in

24 order to meet the goals and objectives of its project.
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1 ‘‘(3) A recipient of an award under this section shall

2 evaluate the effectiveness of its project’s activities in

3 achieving the goals and objectives stated in its application.

4 ‘‘(4) A recipient of an award under this section shall

5 report to the Secretary such information as may be re6 quired, including evidence of its progress towards meeting

7 the goals and objectives of its project, in order to deter8 mine the effectiveness of its project under this section.

9 ‘‘(5) The Secretary may—

10 ‘‘(A) require recipients of awards under this

11 section to provide matching funds from non-Federal

12 sources; and

13 ‘‘(B) limit competitions to particular types of

14 entities, such as State or local educational agencies.

15 ‘‘(6) The Secretary shall use a peer review process

16 in reviewing applications for assistance under this section

17 and may use funds appropriated under subsection (d) for

18 the cost of such peer review.’’; and

19 (D) by amending subsection (d) to read as

20 follows:

21 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—For the

22 purposes of carrying out this section, there are authorized

23 to be appropriated such sums as may be necessary for fis24 cal year 2001 and each of the four succeeding fiscal

25 years.’’;
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1 (E) by redesignating subsection (d), as

2 amended by subparagraph D, as subsection (e)

3 and inserting a new subsection (d) to read as

4 follows:

5 ‘‘(d) EVALUATION AND PROGRAM DEVELOPMENT.—

6 (1) Each recipient of a grant under this section shall sub7 mit to the Secretary a comprehensive evaluation of the ef8 fects of its program assisted under this part, including its

9 impact on students, teachers, administrators, parents and

10 others—

11 ‘‘(A) at the mid-point of the program; and

12 ‘‘(B) not later than one year after completion of

13 the program.

14 ‘‘(2) Evaluations under this subsection shall focus on

15 the effectiveness of the program in achieving its goals and

16 objectives.’’;

17 (2) by repealing section 10102;

18 (3) by amending section 10103 to read as fol19 lows:

20 ‘‘STATE AND LOCAL CHARACTER EDUCATION PROGRAM

21 ‘‘SEC. 10103. (a) PROGRAM AUTHORIZED.—(1) The

22 Secretary may make grants to State educational agencies,

23 local educational agencies, or consortia of such educational

24 agencies for the design and implementation of character

25 education programs.
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1 ‘‘(2) Each grant under this section shall be awarded

2 for a period not to exceed five years, of which the recipient

3 shall use not more than one year for planning and pro4 gram design.

5 ‘‘(b) APPLICATIONS.—(1) Each applicant desiring a

6 grant under this section shall submit an application to the

7 Secretary at such time and in such manner as the Sec8 retary may require.

9 ‘‘(2) Each application under this section shall

10 include—

11 ‘‘(A) a description of any partnerships and

12 other collaborative efforts between the applicant and

13 other educational agencies;

14 ‘‘(B) a description of the program’s goals and

15 objectives;

16 ‘‘(C) a description of the activities the applicant

17 will carry out, and how these activities are designed

18 to meet the program’s goals and objectives under

19 subparagraph (B), including—

20 ‘‘(i) how parents, students, and other

21 members of the community, including members

22 of private and nonprofit organizations, will be

23 involved in the design and implementation of

24 the program;
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1 ‘‘(ii) the curriculum and instructional prac2 tices that will be used or developed; and

3 ‘‘(iii) the methods of teacher training and

4 parent education that will be used or developed;

5 ‘‘(D) a description of how the program will be

6 linked to other efforts to improve educational out7 comes, including—

8 ‘‘(i) broader educational reforms that are

9 being instituted by the applicant or its partners;

10 and

11 ‘‘(ii) applicable State and local standards

12 for student performance;

13 ‘‘(E) a description of how the applicant will

14 evaluate the progress of its program in meeting the

15 goals and objectives under subparagraph (B), includ16 ing the performance indicators that will be used to

17 measure progress; and

18 ‘‘(F) such other information as the Secretary

19 may require.

20 ‘‘(c) DIVERSITY OF PROJECTS.—The Secretary shall

21 make awards under this section that, to the extent prac22 ticable, support programs that serve different geographic

23 areas of the Nation, including urban, suburban, and rural

24 areas.’’;
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1 (4) by redesignating section 10103, as amended

2 by paragraph (3), as section 10102 and adding a

3 new section 10103 to read as follows:

4 ‘‘CHARACTER EDUCATION RESEARCH, DISSEMINATION,

5 AND EVALUATION

6 ‘‘SEC. 10103. (a) PROGRAM AUTHORIZED.—The Sec7 retary is authorized to make grants, or enter into con8 tracts or cooperative agreements with, State educational

9 agencies, local educational agencies, institutions of higher

10 education, tribal organizations, and other public or private

11 agencies or organizations to carry out research, develop12 ment, dissemination, technical assistance, and evaluation

13 activities that support or inform character education pro14 grams under section 10102.

15 ‘‘(b) USE OF FUNDS.—Consistent with subsection

16 (a), funds under this section may be used—

17 ‘‘(1) to conduct research and development ac18 tivities that focus on such matters as—

19 ‘‘(A) the effectiveness of instructional mod20 els;

21 ‘‘(B) materials and curricula that can be

22 used by programs in character education;

23 ‘‘(C) models of professional development in

24 character education; and

25 ‘‘(D) the development of outcome measures

26 for character education programs;
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1 ‘‘(2) to provide technical assistance to the agen2 cies receiving awards under section 10102, particu3 larly on matters of program evaluation;

4 ‘‘(3) to conduct a national evaluation of pro5 grams under section 10102; and

6 ‘‘(4) to compile and disseminate, through var7 ious approaches, such as a national clearinghouse—

8 ‘‘(A) information on model character edu9 cation programs;

10 ‘‘(B) character education materials and

11 curricula;

12 ‘‘(C) research findings in the area of char13 acter education and character development; and

14 ‘‘(D) any other information that will be

15 useful to character education program partici16 pants and other educators and administrators,

17 nationwide.’’; and

18 (5) by repealing section 10104, section 10105,

19 section 10106, and section 10107.

20 GIFTED AND TALENTED CHILDREN

21 SEC. 1002. Part B of title X of the ESEA is

22 amended—

23 (1) in section 10201, by striking out ‘‘of 1994’’;

24 (2) in section 10204(c), by adding at the end

25 thereof a new paragraph (3) to read as follows:
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1 ‘‘(3) DISSEMINATION.—The National Center

2 shall focus the dissemination of the results of its ac3 tivities under subsection (b)(7) to schools with high

4 percentages of economically disadvantaged stu5 dents.’’;

6 (3) by amending section 10206(b) to read as

7 follows:

8 ‘‘(b) REVIEW AND DISSEMINATION.—The

9 Secretary—

10 ‘‘(1) shall use a peer review process in review11 ing applications under this part;

12 ‘‘(2) shall ensure that the information on the

13 activities and results of programs and projects fund14 ed under this part is disseminated to appropriate

15 State and local agencies and other appropriate orga16 nizations, including private nonprofit organizations;

17 and

18 ‘‘(3) may evaluate the effectiveness of programs

19 under this part in accordance with section 11801 of

20 this Act.’’; and

21 (4) by amending section 10207 to read as fol22 lows:

23 ‘‘AUTHORIZATION OF APPROPRIATIONS

24 ‘‘SEC. 10207.—For the purpose of carrying out this

25 part, there are authorized to be appropriated such sums
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1 as may be necessary for fiscal year 2001 and each of the

2 four succeeding fiscal years.’’.

3 INTERNATIONAL EDUCATION PROGRAM

4 SEC. 1003. Title VI of Goals 2000: Educate America

5 Act (P.L. 103–227) is amended—

6 (1) in section 601(c)(6) to read as follows:

7 ‘‘(6) DEFINITIONS.—For the purposes of this

8 subsection, the term ‘eligible country’ means a Cen9 tral European country, an Eastern European coun10 try, Lithuania, Latvia, Estonia, Georgia, the Repub11 lic of Ireland, the province of Northern Ireland in

12 the United Kingdom of Great Britain, the Common13 wealth of Independent States, any country that for14 merly was a republic of the Soviet Union whose po15 litical independence is recognized by the United

16 States, and any other emerging democracy in a de17 veloping country. For the purpose of this definition,

18 the term ‘developing country’ shall have the same

19 meaning given it in the Education of the Deaf Act.’’;

20 (2) by amending section 601(d) to read as fol21 lows:

22 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—For the

23 purposes of carrying out this part, there are authorized

24 to be appropriated such sums as may be necessary for fis25 cal year 2001 and each of the four succeeding fiscal

26 years.’’; and
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1 (3) by redesignating such title and section as

2 part C of title X of the ESEA and section 10301,

3 respectively.

4 ARTS IN EDUCATION

5 SEC. 1004. Part D of title X of the ESEA is

6 amended—

7 (1) by striking out the heading and designation

8 of subpart 1;

9 (2) in section 10401—

10 (A) in subsection (d)—

11 (i) by redesignating paragraphs (9)

12 and (10) as paragraphs (10) and (11), re13 spectively; and

14 (ii) by inserting immediately after

15 paragraph (8) the following new para16 graph:

17 ‘‘(9) supporting model arts and cultural pro18 grams for at-risk children and youth, particularly

19 programs that use arts and culture to promote stu20 dents’ academic progress;’’; and

21 (B) by amending subsection (f) to read as

22 follows:

23 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—For the

24 purpose of carrying out this part, there are authorized to

25 be appropriated such sums as may be necessary for fiscal
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1 year 2001 and each of the four succeeding fiscal years.’’;

2 and

3 (3) by repealing subpart 2.

4 INEXPENSIVE BOOK DISTRIBUTION PROGRAM

5 SEC. 1005. Section 10501(e) of the ESEA is amend6 ed by striking out ‘‘$10,300,000 for fiscal year 1995 and

7 such sums as may be necessary’’ and inserting in lieu

8 thereof ‘‘such sums as may be necessary for fiscal year

9 2001 and’’.

10 CIVIC EDUCATION

11 SEC. 1006. Part F of title X of the Elementary and

12 Secondary Education Act of 1965 is amended—

13 (1) by repealing section 10602;

14 (2) by amending section 10603 to read as fol15 lows:

16 ‘‘AUTHORIZATION OF APPROPRIATIONS

17 ‘‘SEC. 10603. For the purpose of carrying out this

18 part, there are authorized to be appropriated such sums

19 as may be necessary for fiscal year 2001 and each of the

20 four succeeding fiscal years.’’; and

21 (3) by redesignating section 10603, as amended

22 by paragraph (2), as section 10602.

23 ALLEN J. ELLENDER FELLOWSHIP PROGRAM

24 SEC. 1007. Part G of title X of the Elementary and

25 Secondary Education Act of 1965 is repealed.
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1 21ST CENTURY COMMUNITY LEARNING CENTERS

2 SEC. 1008. Part I of title X of the ESEA is

3 amended—

4 (1) in section 10902(2), by striking out ‘‘should

5 collaborate’’ and inserting in lieu thereof ‘‘must col6 laborate’’;

7 (2) in section 10903—

8 (A) by amending subsection (a) to read as

9 follows:

10 ‘‘(a) GRANTS BY THE SECRETARY.—(1) The Sec11 retary is authorized, in accordance with paragraph (2), to

12 award grants to community-based organizations and local

13 educational agencies, on behalf of public elementary or

14 secondary schools in inner-cities, small cities, and rural

15 areas, that serve communities with a substantial need for

16 expanded learning opportunities because—

17 ‘‘(A) they have a high proportion of low-achiev18 ing students;

19 ‘‘(B) they lack resources to establish or expand

20 after-school centers that benefit the educational,

21 health, social service, cultural, and recreational

22 needs of the community; or

23 ‘‘(C) they have other needs consistent with the

24 purposes of this part.
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1 ‘‘(2) The Secretary may reserve up to 10 percent of

2 the funds appropriated to carry out this part for any fiscal

3 year to make grants to community-based organizations to

4 carry out projects, consistent with the purposes of this

5 part and with subsection (c).’’;

6 (B) by amending subsection (b) to read as fol7 lows:

8 ‘‘(b) EQUITABLE DISTRIBUTION.—In awarding

9 grants under this part, the Secretary shall ensure an equi10 table distribution of assistance among the States and

11 among urban and rural areas of the United States.’’; and

12 (C) in subsection (c), by striking out ‘‘3 years’’

13 and inserting in lieu thereof ‘‘5 years’’;

14 (3) in section 10904—

15 (A) in subsection (a)—

16 (i) in the matter preceding paragraph

17 (1), by striking out ‘‘an elementary or sec18 ondary school or consortium’’ and inserting

19 in lieu thereof ‘‘a local educational agency,

20 on behalf of one or more elementary or

21 secondary schools, or a community-based

22 organization’’;

23 (ii) in paragraph (1), by striking out

24 ‘‘the school or consortium’’ and inserting

25 in lieu thereof ‘‘the applicant’’;
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1 (iii) in paragraph (2), by striking out

2 ‘‘and’’ at the end thereof;

3 (iv) in paragraph (3)—

4 (I) in subparagraph (C),

5 (aa) by inserting ‘‘schools,’’

6 immediately after ‘‘undertaken

7 by’’; and

8 (bb) by inserting a comma

9 and ‘‘in order to promote com10 munity involvement in the plan11 ning and implementation of serv12 ices provided under this part’’

13 immediately after ‘‘appropriate

14 organizations’’;

15 (II) in subparagraph (D), by

16 striking out ‘‘the school or consor17 tium’’ and inserting in lieu thereof

18 ‘‘the applicant’’; and

19 (III) in subparagraph (E), by—

20 (aa) striking out ‘‘the school

21 or consortium’’ and inserting in

22 lieu thereof ‘‘the applicant’’; and

23 (bb) striking out the period

24 at the end thereof and inserting

25 in lieu thereof a semi-colon; and
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1 (v) by adding, at the end thereof, the

2 following new paragraphs (4), (5), and (6):

3 ‘‘(4) information demonstrating that the appli4 cant will provide at least 50 percent of the cost of

5 the project from other sources, which may include

6 other Federal funds and may be provided in cash or

7 in-kind, fairly evaluated;

8 ‘‘(5) an assurance that the applicant will, in

9 each year of the project, expend, from non-Federal

10 sources, at least as much for the services under this

11 part as it expended for the preceding year; and

12 ‘‘(6) information demonstrating how the appli13 cant will continue the project after completion of the

14 grant.’’;

15 (B) by amending subsection (b) to read as

16 follows:

17 ‘‘(b) PRIORITY.—The Secretary shall give priority to

18 applications that describe projects that—

19 ‘‘(1) offer a broad selection of services that ad20 dress the needs of the community; and

21 ‘‘(2) offer significant, expanded learning oppor22 tunities for children and youth in the community.’’;

23 and
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1 (C) by further amending section 10904 by

2 adding at the end thereof a new subsection (c),

3 to read as follows:

4 ‘‘(c) SPECIAL RULE.—An application submitted by a

5 community-based organization shall contain evidence that

6 affected local educational agencies concur with the pro7 posed project.’’;

8 (4) in section 10905, by striking out ‘‘may be

9 used to plan, implement, or expand community

10 learning centers which include not less than four’’

11 and inserting in lieu thereof ‘‘shall be used to estab12 lish or expand community learning centers that pro13 vide activities that offer significant expanded learn14 ing opportunities, such as before and after school,

15 for children and youth in the community, and that

16 may also include any’’;

17 (5) by amending section 10906 to read as fol18 lows:

19 ‘‘SEC. 10906. (a) COMMUNITY LEARNING CENTER.—

20 For the purpose of this part, the term ‘community learn21 ing center’ means an entity that—

22 ‘‘(1) provides expanded learning opportunities,

23 and may also provide services that address health,

24 social service, cultural, and recreational needs of the

25 community; and
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1 ‘‘(2) is operated in conjunction with local gov2 ernmental agencies, businesses, vocational education

3 programs, institutions of higher education, commu4 nity colleges, and cultural, recreational, and other

5 community and human service entities.

6 ‘‘(b) SPECIAL RULE.—In the case of a community

7 learning center operated by a local educational agency, the

8 center shall be located within a public elementary or sec9 ondary school building.’’;

10 (6) by amending section 10907 to read as fol11 lows:

12 ‘‘AUTHORIZATION OF APPROPRIATIONS

13 ‘‘SEC. 10907. For the purposes of carrying out this

14 part, there are authorized to be appropriated such sums

15 as may be necessary for fiscal year 2001 and each of the

16 four succeeding fiscal years.’’;

17 (7) by adding at the end thereof the following

18 new section 10908:

19 ‘‘CONTINUATION AWARDS

20 ‘‘SEC. 10908. The Secretary may use funds under

21 this part to make continuation awards for projects that

22 were funded with fiscal year 1999 and 2000 funds, under

23 the terms and conditions that applied to the original

24 awards for those projects.’’; and

25 (8) by redesignating—

26 (A) part I as part G; and
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1 (B) sections 10901 through 10908, as

2 amended by this section, as sections 10701

3 through 10708, respectively.

4 URBAN AND RURAL EDUCATION ASSISTANCE

5 SEC. 1009. Part J of title X of the Elementary and

6 Secondary Education Act of 1965 is repealed.

7 HIGH SCHOOL REFORM

8 SEC. 1010. Title X of the ESEA is further amended

9 by inserting after part G, as redesignated by section

10 1008(8)(A), a new part H to read as follows:

11 ‘‘PART H—HIGH SCHOOL REFORM

12 ‘‘FINDINGS AND PURPOSES

13 ‘‘SEC. 10801. (a) FINDINGS.—The Congress finds as

14 follows:

15 ‘‘(1) All high school students must obtain the

16 academic foundations needed for further education

17 and training, and to succeed in an economy that is

18 increasingly characterized by global competition,

19 evolving technologies, and high demands for a

20 skilled, literate, and adaptable workforce.

21 ‘‘(2) To be effective, high schools must not only

22 prepare students academically, they must also en23 sure that students are connecting with adults and

24 are receiving the necessary supports to continue

25 their personal and interpersonal growth during this

26 critical transition stage.
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1 ‘‘(3) Effective high schools are places where

2 students feel safe, the school is free of drugs, and

3 the classrooms are disciplined environments where

4 all students can learn. High schools are increasingly

5 larger places where students feel increasingly discon6 nected from adults and often from their peers, par7 ticularly in urban and suburban areas. Research

8 shows that when students feel connected to school

9 and to their parents, they are less likely than other

10 adolescents to suffer from emotional distress, have

11 suicidal thoughts and behaviors, use violence, and

12 smoke cigarettes, drink alcohol, or smoke marijuana.

13 ‘‘(4) Research and national data collections in14 dicate that many high schools do not succeed in

15 meeting both the academic and developmental needs

16 of students. For example—

17 ‘‘(A) more than 20 percent of Americans,

18 ages 25 through 29, do not have a regular high

19 school diploma;

20 ‘‘(B) on the most recent international as21 sessment of mathematics and science knowl22 edge, the Third International Mathematics and

23 Science Study (TIMSS), American 12th-graders

24 outperformed students from only two of the 21

25 other participating Nations. A comparison of
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1 these assessment results with 4th-grade and

2 8th-grade TIMSS scores indicates that Amer3 ican students lose ground during the high

4 school years;

5 ‘‘(C) recent results from National Assess6 ment of Educational Progress reading assess7 ments for 12th-graders indicate improvement in

8 the performance of higher-achieving students,

9 but no improvement in the scores for the low10 est-achieving students;

11 ‘‘(D) the problems facing high schools are

12 particularly prevalent in schools that enroll con13 centrations of minority students and students

14 from low-income families; and

15 ‘‘(E) relatively few high schools are under16 taking serious, standards-based educational re17 forms. For instance, most of the initiatives car18 ried out through the Comprehensive School Re19 form Demonstrations program have been at the

20 elementary level.

21 ‘‘(5) Because of changes made by the Improv22 ing America’s Schools Act of 1994, high schools now

23 receive significantly more title I funding than was

24 the case before, and the number of high schools op25 erating title I schoolwide programs has increased.
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1 However, evaluations indicate that title I, by itself,

2 has not yet resulted in significant reforms in high

3 schools. High schools now have the opportunity to

4 use title I funds to leverage Federal, State, and local

5 funds to implement education reforms.

6 ‘‘(6) High school reforms can be effective. For

7 example, schools participating in the Southern Re8 gional Education Board ‘High Schools that Work’

9 program, a whole-school, research-based reform ini10 tiative, have shown significant improvement in read11 ing and mathematics scores. The Johns Hopkins

12 University Talent Development model has dem13 onstrated promising results at its initial implementa14 tion site. The schools implementing locally based re15 forms and participating in the Department of Edu16 cation’s ‘New American High Schools’ initiative have

17 generally achieved improved outcomes in graduation,

18 attendance, and achievement.

19 ‘‘(7) A variety of approaches to high school re20 form, geared to local conditions and needs, can be

21 effective. These approaches include ‘schools within

22 schools’ and other innovations that create smaller

23 learning environments and involve adults more fully

24 in the lives of students, ‘career academies’ and other

25 approaches that structure learning around careers,
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1 partnerships that pair schools with businesses or in2 stitutions of higher education, and reforms that re3 organize the school day. In addition, most successful

4 reforms include a strong focus on the professional

5 development of participating educators and provision

6 of in-depth academic, career, and college counseling.

7 ‘‘(b) PURPOSES.—The purposes of this part are to—

8 ‘‘(1) support the planning and implementation

9 of educational reforms in high schools, particularly

10 in urban and rural high schools that educate con11 centrations of students from low-income families, in

12 order to—

13 ‘‘(A) meet the needs of students at risk of

14 failing to achieve to challenging standards, by

15 strengthening curriculum and instruction, offer16 ing extended learning opportunities, and pro17 viding professional development opportunities to

18 school staff; and

19 ‘‘(B) improve title I schoolwide programs

20 in high schools;

21 ‘‘(2) support the further development of edu22 cational reforms, designed specifically for high

23 schools, that—

24 ‘‘(A) help students meet challenging State

25 standards; and
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1 ‘‘(B) increase connections between stu2 dents and adults and provide safe learning envi3 ronments;

4 ‘‘(3) create positive incentives for serious

5 change in high schools, by offering rewards to par6 ticipating schools that achieve significant improve7 ments in student achievement;

8 ‘‘(4) increase the national knowledge base on

9 effective high school reforms by identifying the most

10 effective approaches and disseminating information

11 on those approaches so that they can be adopted na12 tionally; and

13 ‘‘(5) support the implementation of reforms in

14 at least 5,000 American high schools by the year

15 2007.

16 ‘‘GRANTS TO LOCAL EDUCATIONAL AGENCIES

17 ‘‘SEC. 10802. (a) GRANTS AUTHORIZED.—The Sec18 retary may make grants to local educational agencies, on

19 a competitive basis, for activities, consistent with this part,

20 carried out in their high schools.

21 ‘‘(b) DURATION.—Each grant under this section shall

22 be for a period of up to three years.

23 ‘‘(c) LIMITATION.—The Secretary shall not provide

24 assistance under this part to any high school under more

25 than one grant.
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1 ‘‘APPLICATIONS

2 ‘‘SEC. 10803. (a) APPLICATIONS REQUIRED.—A

3 local educational agency that desires to receive a grant

4 under this part shall submit an application at such time,

5 in such manner, and containing such information as the

6 Secretary may determine.

7 ‘‘(b) CONTENTS.—Each such application shall, for

8 each high school for which assistance is sought—

9 ‘‘(1) identify the school and describe its need

10 for assistance under this part;

11 ‘‘(2) include—

12 ‘‘(A) a preliminary plan for grades above

13 8th grade in the school that describes the edu14 cational reforms that will take place, as well as

15 the specific activities to be carried out with

16 grant funds; and

17 ‘‘(B) an assurance that the local edu18 cational agency will have a final plan for those

19 reforms and activities within six months of re20 ceiving a grant under this part; and

21 ‘‘(3) demonstrate that a substantial percentage

22 of administrators, teachers, and students at the

23 school, as well as parents of students and other

24 members of the community, were (and will be) in25 volved in developing and carrying out that plan.
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1 ‘‘SELECTION OF GRANTEES

2 ‘‘SEC. 10804. (a) IN GENERAL.—The Secretary shall

3 select grantees, using a peer-review process, on the basis

4 of—

5 ‘‘(1) the relative need of each high school for

6 which assistance is sought, considering such factors

7 as the percentage of students who are from low-in8 come families, student achievement data, dropout

9 rates, and attendance rates; and

10 ‘‘(2) the quality of applications, including the

11 likelihood that the proposed reforms will succeed.

12 ‘‘(b) APPLICATIONS FOR MORE THAN ONE HIGH

13 SCHOOL.—In case of a meritorious application that re14 quests assistance for more than one high school, the Sec15 retary may approve the application for any number of

16 those schools.

17 ‘‘(c) SPECIAL RULES.—In approving applications

18 under this section, the Secretary shall—

19 ‘‘(1) to the extent possible, award a majority of

20 grants under this part to assist high schools that

21 participate in programs under part A of title I of

22 this Act or serve high-poverty school attendance

23 areas; and
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1 ‘‘(2) equitably distribute grants among the geo2 graphic regions of the Nation and among urban and

3 rural local educational agencies.

4 ‘‘PRINCIPLES AND COMPONENTS OF EDUCATIONAL

5 REFORMS

6 ‘‘SEC. 10805. (a) PRINCIPLES.—Each grantee under

7 this part shall ensure that the reforms it carries out under

8 this part are designed so that that each assisted high

9 school—

10 ‘‘(1) is a place where students receive individual

11 attention and support, through such strategies as

12 creating smaller learning environments, such as

13 ‘schools within schools’ and career academies and

14 providing students with counselors and mentors;

15 ‘‘(2) provides all students in the school with

16 challenging coursework, aligned with State content

17 and performance standards, through such strategies

18 as the use of technology to enhance academic in19 struction and the establishment or expansion of

20 international baccalaureate programs or advanced

21 placement programs;

22 ‘‘(3) is a place where students are motivated to

23 learn, through such strategies as applied learning

24 and linking the arts, music, and cultural opportuni25 ties with the school, both during and after the nor26 mal school day;
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1 ‘‘(4) enables students to receive an education

2 that is continuous and integrated, through such

3 strategies as partnerships with middle schools and

4 institutions of higher education;

5 ‘‘(5) helps students achieve their educational

6 and career goals, through such strategies as inte7 grated academic and vocational instruction that con8 nects students with career opportunities; and

9 ‘‘(6) functions as a center for the community,

10 through such strategies as increasing the involve11 ment of parents, employers, and others in the com12 munity.

13 ‘‘(b) REQUIRED COMPONENTS.—In order to institu14 tionalize the principles described in subsection (a), each

15 grantee under this part shall use funds that are provided

16 on behalf of a high school to implement (and, if necessary,

17 to use not more than six months to complete the planning

18 and development of) research-based educational reform

19 strategies throughout the entire school that—

20 ‘‘(1) in the case of a school with a schoolwide

21 program under part A of title I, build on and im22 prove the schoolwide reform program;

23 ‘‘(2) address the needs of students who are at

24 risk of failing to be promoted to the next grade or

25 to graduate, including—
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1 ‘‘(A) covering material that students need

2 to master in order to pass State-mandated exit

3 exams; and

4 ‘‘(B) strengthening curriculum, instruc5 tion, and assessments and by offering extended

6 learning opportunities such as after-school,

7 weekend, and summer programs;

8 ‘‘(3) are implemented at the school level, but in9 clude strong support and assistance from the local

10 educational agency, as documented in its application;

11 ‘‘(4) make full and effective use of the re12 sources that the school receives under other Federal

13 programs;

14 ‘‘(5) make use of outside experts in high-school

15 reform, unless the local educational agency dem16 onstrates in its application, to the Secretary’s satis17 faction, that the school’s reform strategy can be im18 plemented effectively without outside assistance;

19 ‘‘(6) include professional development of school

20 staff, including development of the skills needed to

21 use student achievement and other outcome data to

22 refine and improve the educational reform strategy;

23 and
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1 ‘‘(7) provide for collecting data on, and evalu2 ating, the reforms and for reporting to the Secretary

3 on the results of those evaluations.

4 ‘‘PRIVATE SCHOOLS

5 ‘‘SEC. 10806. (a) PROFESSIONAL DEVELOPMENT.—

6 Each grantee under section 10804 shall, in accordance

7 with sections 11803 through 11806, provide for the equi8 table participation of private school personnel in the pro9 fessional development activities it carries out with grant

10 funds.

11 ‘‘(b) INFORMATION.—If a grantee uses grant funds

12 to develop curricular materials, it shall make information

13 about those materials available to private schools at their

14 request.

15 ‘‘ADDITIONAL ACTIVITIES

16 ‘‘SEC. 10807. From the amount available to carry out

17 this part for any fiscal year under section 10809, the Sec18 retary shall reserve the amount he finds appropriate to

19 carry out one or more of the following:

20 ‘‘(1) INCENTIVE AWARDS.—(A)(i) The Sec21 retary shall select a random sample of schools from

22 each of the first two years’ cohorts of grantees,

23 along with a similarly selected control group of com24 parable schools, to participate in an incentive-based

25 experiment, under which the Secretary makes incen26 tive payments to teachers and administrators in the
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1 grantee schools if, after three years of program par2 ticipation, their students demonstrate significant

3 gains in student educational outcomes compared to

4 the gains made in the schools in the control group.

5 ‘‘(ii) If those significant gains continue, the

6 Secretary may make further incentive payments to

7 those teachers and administrators for up to two ad8 ditional years.

9 ‘‘(B) The Secretary shall base determinations of

10 student educational outcomes on multiple measures,

11 including scores on State assessments.

12 ‘‘(C) The maximum amount of an incentive

13 award under this paragraph is $3,000 per teacher

14 and administrator per year, which may be used by

15 those individuals for any purpose.

16 ‘‘(2) RECOGNITION, DISSEMINATION, NET17 WORKS, AND PEER REVIEW.—The Secretary may—

18 ‘‘(A) recognize high schools and high

19 school reforms that show outstanding results;

20 ‘‘(B) disseminate information on those

21 schools and reforms;

22 ‘‘(C) carry out other activities to encourage

23 the spread and adoption of successful high

24 school reform strategies;
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1 ‘‘(D) facilitate the creation of networks

2 among participating schools and local edu3 cational agencies, which may include schools

4 and local educational agencies interested in

5 meeting the purpose of this part; and

6 ‘‘(E) pay the costs of the peer review of

7 applications under this part.

8 ‘‘(3) EVALUATION.—The Secretary may reserve

9 funds, consistent with section 11911, to evaluate ac10 tivities carried out under this part.

11 ‘‘DEFINITION

12 ‘‘SEC. 10808. For the purpose of this part, the term

13 ‘high school’ means any school that serves students in

14 12th grade.

15 ‘‘AUTHORIZATION OF APPROPRIATIONS

16 ‘‘SEC. 10809. For the purpose of carrying out this

17 part, there are authorized to be appropriated such sums

18 as may be necessary for fiscal year 2001 and each of the

19 four succeeding fiscal years.’’.

20 FOREIGN LANGUAGE ASSISTANCE PROGRAM

21 SEC. 1011. Title X of the ESEA is further amended

22 by inserting after part H, as added by section 1010, a

23 new part I to read as follows:
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1 ‘‘PART I—FOREIGN LANGUAGE ASSISTANCE PROGRAM

2 ‘‘FINDINGS; PURPOSE

3 ‘‘SEC. 10901. (a) FINDINGS.—The Congress finds

4 that:

5 ‘‘(1) Increased fluency in languages other than

6 English is necessary if the United States is to com7 pete effectively in a global economy.

8 ‘‘(2) Four out of five new jobs in the United

9 States are created from foreign trade.

10 ‘‘(3) The optimum time to begin learning a sec11 ond language is in elementary school, when children

12 have the greatest ability to learn and excel in foreign

13 languages.

14 ‘‘(4) Foreign language study can increase chil15 dren’s capacity for critical and creative thinking,

16 and children who study a second language show

17 greater cognitive development in such areas as men18 tal flexibility, creativity, tolerance, and higher-order

19 thinking skills.

20 ‘‘(5) Children who have studied a foreign lan21 guage in elementary school score higher on stand22 ardized tests of reading, language arts, and mathe23 matics than children who have not studied a foreign

24 language.
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1 ‘‘(6) The United States lags behind other devel2 oped countries in offering foreign language study to

3 elementary and secondary school students.

4 ‘‘(7) While research suggests that students

5 more easily acquire foreign languages when instruc6 tion begins in the early grades, fewer than one-third

7 of elementary schools in the United States offer for8 eign language instruction.

9 ‘‘(8) Of those elementary schools that do offer

10 foreign language instruction, most offer only an in11 troductory exposure to the foreign language.

12 ‘‘(9) Few elementary school foreign language

13 programs are coordinated with secondary school for14 eign language programs to promote transitions that

15 build on student knowledge of the foreign language.

16 ‘‘(10) Foreign language teachers have a con17 tinuing need for professional development that pro18 vides opportunities to improve their language com19 petence and their teaching skills in the language

20 they teach. This need is particularly important for

21 elementary school teachers, most of whom have no

22 specialized training or certification to teach lan23 guages at that level.

24 ‘‘(11) The next generation of advanced com25 puters and telecommunications technology has a tre-
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1 mendous potential for improving access to foreign

2 language instruction and the quality of that instruc3 tion at the elementary level.

4 ‘‘(12) It is a national goal that 25 percent of

5 all public elementary schools offer high-quality, com6 prehensive foreign language programs by 2005, and

7 that 50 percent offer such programs by 2010. Such

8 programs should be designed to achieve language

9 proficiency, aligned with State foreign language

10 standards, and available to all students (including

11 students with limited English proficiency and stu12 dents with disabilities), and should ensure effective

13 coordination between elementary and secondary

14 school foreign language instruction.

15 ‘‘(b) PURPOSE.—It is the purpose of this part to ex16 pand, improve the quality of, and enhance foreign lan17 guage programs at the elementary school level, including

18 programs that recruit and train qualified elementary

19 school foreign language teachers, by supporting—

20 ‘‘(1) State efforts to encourage and support

21 such programs;

22 ‘‘(2) local implementation of innovative pro23 grams that meet local needs; and
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1 ‘‘(3) the identification and dissemination of in2 formation on best practices in elementary school for3 eign language education.

4 ‘‘ELEMENTARY SCHOOL FOREIGN LANGUAGE ASSISTANCE

5 PROGRAM

6 ‘‘SEC. 10902. (a) AUTHORITY.—(1) From funds ap7 propriated under subsection (g) for any fiscal year, the

8 Secretary is authorized to make grants to State edu9 cational agencies and to local educational agencies for the

10 Federal share of the cost of the activities set forth in sub11 section (b).

12 ‘‘(2) Each grant under paragraph (1) shall be award13 ed for a period of three years.

14 ‘‘(3) A State educational agency may receive a grant

15 under paragraph (1) if it—

16 ‘‘(A) has established, or is establishing, State

17 standards for foreign language instruction; or

18 ‘‘(B) requires the public elementary schools of

19 the State to provide foreign language instruction.

20 ‘‘(4) A local educational agency may receive a grant

21 under paragraph (1) if the program proposed in its appli22 cation under subsection (c)—

23 ‘‘(A) shows promise of being continued beyond

24 the grant period;
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1 ‘‘(B) would demonstrate approaches that can be

2 disseminated to, and duplicated by, other local edu3 cational agencies;

4 ‘‘(C) would include performance measurements

5 and assessment systems that measure students’ pro6 ficiency in a foreign language; and

7 ‘‘(D) would use a curriculum that is aligned

8 with State standards, if the State has such stand9 ards.

10 ‘‘(b) AUTHORIZED ACTIVITIES.—(1) Grants to State

11 educational agencies under this section shall be used to

12 support programs that promote the implementation of

13 high-quality foreign language programs in the elementary

14 schools of the State, which may include—

15 ‘‘(A) developing foreign language standards and

16 assessments that are aligned with those standards;

17 ‘‘(B) supporting the efforts of institutions of

18 higher education within the State to develop pro19 grams to prepare the elementary school foreign lan20 guage teachers needed in schools within the State

21 and to recruit candidates to prepare for, and as22 sume, such teaching positions;

23 ‘‘(C) developing new certification requirements

24 for elementary school foreign language teachers, in-
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1 cluding requirements that allow for alternative

2 routes to certification;

3 ‘‘(D) providing technical assistance to local edu4 cational agencies in the State in developing, imple5 menting, or improving elementary school foreign lan6 guage programs, including assistance to ensure ef7 fective coordination with, and transition of students

8 among, elementary, middle, and secondary schools;

9 ‘‘(E) disseminating information on promising or

10 effective practices in elementary school foreign lan11 guage instruction and supporting educator networks

12 that help improve that instruction;

13 ‘‘(F) stimulating the development and dissemi14 nation of information on instructional programs that

15 use educational technologies and technology applica16 tions (including such technologies and applications

17 as multimedia software, web-based resources, digital

18 television, and virtual reality and wireless tech19 nologies) to deliver instruction or professional devel20 opment, or to assess students’ foreign language pro21 ficiency; and

22 ‘‘(G) collecting data on and evaluating the ele23 mentary school foreign language programs in the

24 State and activities carried out with the grant.
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1 ‘‘(2) Grants to local educational agencies under this

2 section shall be used for activities to develop and imple3 ment high-quality, standards-based elementary school for4 eign language programs, which may include—

5 ‘‘(A) curriculum development and implementa6 tion;

7 ‘‘(B) professional development for teachers and

8 other staff;

9 ‘‘(C) partnerships with institutions of higher

10 education to provide for the preparation of the

11 teachers needed to implement programs under this

12 section;

13 ‘‘(D) efforts to coordinate elementary school

14 foreign language instruction with secondary-level for15 eign language instruction, and to provide students

16 with a smooth transition from elementary to sec17 ondary programs;

18 ‘‘(E) implementation of instructional ap19 proaches that make use of advanced educational

20 technologies; and

21 ‘‘(F) collection of data on, and evaluation of,

22 the activities carried out under the grant, including

23 assessment, at regular intervals, of participating stu24 dents’ proficiency in the foreign language studied.
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1 ‘‘(3) SPECIAL RULE.—Efforts under paragraph

2 (2)(D) may include support for the expansion of secondary

3 school instruction, so long as that instruction is part of

4 an articulated elementary-through-secondary school for5 eign language program that is designed to result in stu6 dent fluency in a foreign language.

7 ‘‘(c) APPLICATIONS.—(1) Any State educational

8 agency or local educational agency desiring to receive a

9 grant under this section shall submit an application to the

10 Secretary at such time, in such form, and containing such

11 information and assurances, as the Secretary may require.

12 ‘‘(2) Each application shall include descriptions of—

13 ‘‘(A) the goals that the applicant intends to ac14 complish through the project, including—

15 ‘‘(i) for applications submitted by State

16 educational agencies, the goal of ensuring the

17 availability of qualified elementary school for18 eign language teachers throughout the State;

19 and

20 ‘‘(ii) for applications submitted by local

21 educational agencies, the goal of enabling all

22 participating students to become proficient in a

23 foreign language;

24 ‘‘(B) the activities to be carried out through the

25 project; and
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1 ‘‘(C) how the applicant will determine the ex2 tent to which its project meets its goals.

3 ‘‘(d) PRIORITIES.—In awarding grants under this

4 section, the Secretary may establish one or more priorities

5 consistent with the purpose of this part, including prior6 ities for projects carried out by local educational agencies

7 that—

8 ‘‘(1) provide immersion programs in which in9 struction is in the foreign language for a major por10 tion of the day; or

11 ‘‘(2) promote the sequential study of a foreign

12 language for students, beginning in elementary

13 schools.

14 ‘‘(e) REPORTS.—(1) A State educational agency or

15 local educational agency that receives a grant under this

16 section shall submit to the Secretary an annual report that

17 provides information on the project’s progress in reaching

18 its goals.

19 ‘‘(2) A local educational agency that receives a grant

20 under this section shall include in its report under para21 graph (1), information on students’ gains in compre22 hending, speaking, reading, and writing a foreign lan23 guage, and shall compare such educational outcomes to

24 the State’s foreign language standards, if such State

25 standards exist.
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1 ‘‘(f) FEDERAL SHARE.—(1) The Federal share for

2 each fiscal year of a program under this section shall be

3 not more than 50 percent.

4 ‘‘(2) The Secretary may waive the requirement of

5 paragraph (1) for any local educational agency that the

6 Secretary determines does not have adequate resources to

7 pay the non-Federal share of the cost of the activities as8 sisted under this section.

9 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—(1) For

10 the purpose of carrying out this section, there are author11 ized to be appropriated such sums as may be necessary

12 for fiscal year 2001 and for each of the four succeeding

13 fiscal years.

14 ‘‘(2) For any fiscal year, the Secretary may reserve

15 up to five percent of the amount appropriated under para16 graph (1) to—

17 ‘‘(A) conduct independent evaluations of the ac18 tivities assisted under this section;

19 ‘‘(B) provide technical assistance to recipients

20 of awards under this section; and

21 ‘‘(C) disseminate findings and methodologies

22 from evaluations required by, or funded under, this

23 section and other information obtained from such

24 programs.’’.
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1 NATIONAL WRITING PROJECT

2 SEC. 1012. Part K of title X of the ESEA is

3 amended—

4 (1) in section 10991—

5 (A) in paragraph (15)—

6 (i) by striking ‘‘154 regional sites’’

7 and inserting in lieu thereof ‘‘157 regional

8 sites’’; and

9 (ii) by striking ‘‘45 States’’ and in10 serting in lieu thereof ‘‘46 States’’;

11 (B) in paragraph (17) by adding ‘‘and’’ at

12 the end thereof;

13 (C) in paragraph (18) by striking out at

14 the end thereof the semicolon and ‘‘and’’ and

15 inserting in lieu thereof a period; and

16 (D) by striking out paragraph (19);

17 (2) in section 10992—

18 (A) by striking out subsection (e);

19 (B) by amending subsection (g) to read as

20 follows:

21 ‘‘(g) EVALUATION.—The Secretary may conduct an

22 independent evaluation, by grant or contract, of the pro23 gram administered pursuant to this part.’’; and

24 (C) by amending subsection (i) to read as

25 follows:
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1 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—For the

2 purposes of carrying out this part, there are authorized

3 to be appropriated such sums as may be necessary for fis4 cal year 2001 and each of the four succeeding fiscal

5 years.’’; and

6 (3) by redesignating—

7 (A) part K, as amended by this section, as

8 part J; and

9 (B) section 10991 and section 10992 as

10 section 10951 and section 10952, respectively.

11 TITLE XI—GENERAL PROVISIONS,

12 DEFINITIONS AND ACCOUNTABILITY

13 DEFINITIONS

14 SEC. 1101. Part A of title XIV of the ESEA is

15 amended—

16 (1) in section 14101—

17 (A) in paragraphs (5), (6), (7), and (8), by

18 striking out ‘‘section 14302’’ and inserting in

19 lieu thereof ‘‘section 11502’’;

20 (B) by amending paragraph (10) to read

21 as follows:

22 ‘‘(10) COVERED PROGRAM.—The term ‘covered

23 program’ means each of the programs authorized

24 by—

25 ‘‘(A) part A of title I,
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1 ‘‘(B) part C of title I;

2 ‘‘(C) part A of title II;

3 ‘‘(D) subpart 1 of part D of title III;

4 ‘‘(E) part A of title IV (other than section

5 4115);

6 ‘‘(F) the Comprehensive School Reform

7 Demonstration Program; and

8 ‘‘(G) title VI.’’;

9 (C) in paragraph (11)(B), by striking out

10 ‘‘and title VI’’;

11 (D) in paragraph (24), by striking out

12 ‘‘section 602(a)(17)’’ and inserting in lieu

13 thereof ‘‘section 602(22)’’;

14 (E) by redesignating paragraphs (15)

15 through (29) as paragraphs (16) through (30),

16 respectively; and

17 (F) by inserting after paragraph (14) a

18 new paragraph (15) to read as follows:

19 ‘‘(15) FAMILY LITERARY SERVICES.—The term

20 ‘family literacy services’ means services provided to

21 eligible participants on a voluntary basis that are of

22 sufficient intensity, both in hours and duration, to

23 make sustainable changes in a family, and that inte24 grate all of the following activities:
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1 ‘‘(A) Interactive literacy activities between

2 parents and their children.

3 ‘‘(B) Training for parents on how to be the

4 primary teachers for their children and full

5 partners in the education of their children.

6 ‘‘(C) Parent literacy training that leads to

7 economic self-sufficiency.

8 ‘‘(D) An age-appropriate education to pre9 pare children for success in school and life ex10 periences.’’; and

11 (2) in section 14102, by striking out ‘‘Parts B,

12 C, D, E, and F’’ and inserting in lieu thereof ‘‘Parts

13 D, E, F, and G’’.

14 ADMINISTRATIVE FUNDS

15 SEC. 1102. Part B of title XIV of the ESEA is

16 amended—

17 (1) in section 14201—

18 (A) by amending subsection (a)(2) to read

19 as follows:

20 ‘‘(2) APPLICABILITY.—This section applies to—

21 ‘‘(A) programs under title I and those pro22 grams described in subparagraphs (C), (D), and

23 (E) of section 11101(10);

24 ‘‘(B) the Comprehensive School Reform

25 Demonstration Program;

26 ‘‘(C) title VI;
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1 ‘‘(D) the Carl D. Perkins Vocational and

2 Technical Education Act of 1998; and

3 ‘‘(E) such other programs as the Secretary

4 may designate.’’;

5 (B) by amending subsection (b)(2) to read

6 as follows:

7 ‘‘(2) ADDITIONAL USES.—A State educational

8 agency may also use the funds available under this

9 section for administrative activities designed to en10 hance the effective and coordinated use of funds

11 under the programs included in the consolidation

12 under subsection (a), such as—

13 ‘‘(A) State-level activities designed to carry

14 out this title, including part B;

15 ‘‘(B) the coordination of those programs

16 with other Federal and non-Federal programs;

17 ‘‘(C) the establishment and operation of

18 peer-review mechanisms under this Act;

19 ‘‘(D) collaborative activities with other

20 State educational agencies to improve adminis21 tration under this Act;

22 ‘‘(E) the dissemination of information re23 garding model programs and practices;

24 ‘‘(F) technical assistance under the pro25 grams specified in subsection (a)(2);
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1 ‘‘(G) training personnel engaged in audit

2 and other monitoring activities; and

3 ‘‘(H) implementation of the Cooperative

4 Audit Resolution and Oversight Initiative.’’; and

5 (C) by striking out subsection (f);

6 (2) in section 14203—

7 (A) in subsection (b), by striking out ‘‘Im8 proving America’s Schools Act of 1994’’ and in9 serting in lieu thereof ‘‘Educational Excellence

10 for All Children Act of 1999’’; and

11 (B) in subsection (d), by striking out ‘‘the

12 uses described in section 14201(b)(2)’’ and in13 serting in lieu thereof ‘‘for uses, at the school

14 district and school levels, comparable to those

15 described in section 11401(b)(2)’’;

16 (3) by repealing section 14204;

17 (4) in section 14205(a)(2)(B)(i), by striking out

18 ‘‘National Education Goals’’ and inserting in lieu

19 thereof ‘‘America’s Education Goals’’; and

20 (5) in section 14206—

21 (A) by amending the section heading to

22 read: ‘‘MOST EFFECTIVE USE OF PROGRAM

23 FUNDS.’’;

24 (B) by amending subsection (a) to read as

25 follows:
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1 ‘‘(a) MOST EFFECTIVE USE.—With the approval of

2 its State educational agency, a local educational agency

3 that determines for any fiscal year that funds under a cov4 ered program (other than part A of title I) would be more

5 effective in helping all its students achieve the State’s

6 challenging standards if used under another covered pro7 gram, may use those funds, not to exceed five percent of

8 the local educational agency’s total allotment for that fis9 cal year, to carry out programs and activities under that

10 other covered program.’’; and

11 (C) in subsection (b), by striking out ‘‘title

12 XI of this Act’’ and inserting in lieu thereof

13 ‘‘part I of this title’’.

14 COORDINATION OF PROGRAMS

15 SEC. 1103. Part C of title XIV of the Act is

16 amended—

17 (1) in the heading thereof, by striking out ‘‘AND

18 APPLICATIONS’’;

19 (2) by amending section 14302 to read as fol20 lows:

21 ‘‘OPTIONAL CONSOLIDATED STATE PLANS

22 ‘‘SEC. 14302. (a) GENERAL.—

23 (1) PURPOSE AND AUTHORITY.—In order to

24 promote continuing, standards-based education re25 form, encourage the integration and coordination of

26 resources, and simplify application requirements and
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1 reduce burden for State educational agencies under

2 this Act, the Secretary, in accordance with sub3 section (b), shall establish procedures and criteria

4 under which a State educational agency may submit

5 a consolidated State plan meeting the requirements

6 of this section for any or all of—

7 ‘‘(A) the covered programs in which the

8 State participates; and

9 ‘‘(B) the additional programs described in

10 paragraph (2).

11 ‘‘(2) ADDITIONAL PROGRAMS.—A State edu12 cational agency may also include in its consolidated

13 State plan—

14 ‘‘(A) the Even Start program under part B

15 of title I;

16 ‘‘(B) the State Agency Programs for Chil17 dren and Youth Who Are Neglected or Delin18 quent under part D of title I;

19 ‘‘(C) programs under part A of title II of

20 the Carl D. Perkins Vocational and Technical

21 Education Act of 1998; and

22 ‘‘(D) such other programs as the Secretary

23 may designate.

24 ‘‘(3) STATE DEVELOPMENT AND SUBMISSION.—

25 (A) A State educational agency desiring to receive a
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1 grant under two or more of the programs to which

2 this section applies may submit a consolidated State

3 plan for those programs that satisfies the procedures

4 and criteria established under this section.

5 ‘‘(B) A State educational agency that submits

6 a consolidated State plan shall not be required to

7 submit separate State plans or applications for the

8 programs included in the consolidated State plan.

9 ‘‘(C) A State educational agency that submits a

10 consolidated State plan shall comply with all the re11 quirements applicable to the programs in the con12 solidated State plan as if it had submitted separate

13 State plans.

14 ‘‘(4) CONSOLIDATED STATE PLANS.—A State

15 educational agency that desires to receive funds

16 under a program to which this section applies for

17 the fiscal year 2001 and the succeeding four fiscal

18 years shall submit to the Secretary a new consoli19 dated plan that meets the requirements of this sec20 tion within the time specified by the Secretary.

21 ‘‘(b) PLAN CONTENTS.—

22 ‘‘(1) COLLABORATIVE PROCESS.—(A) In estab23 lishing criteria and procedures under this section,

24 the Secretary shall collaborate with State edu25 cational agencies and, as appropriate, with other
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1 State agencies, local educational agencies, public and

2 private nonprofit agencies, organizations, and insti3 tutions, private schools, and representatives of par4 ents, students, and teachers.

5 ‘‘(B)(i) Through the collaborative process de6 scribed in paragraph (1), the Secretary shall estab7 lish, for each program under the Act to which this

8 section applies, the descriptions and information

9 that must be included in a consolidated State plan.

10 ‘‘(ii) In carrying out clause (i), the Secretary

11 shall ensure that a consolidated State plan contains,

12 for each program included in the plan, the descrip13 tions and information needed to ensure proper and

14 effective administration of that program in accord15 ance with its purposes.

16 ‘‘(2) INTEGRATION AND COORDINATION OF RE17 SOURCES.—In its consolidated plan under this sec18 tion, a State educational agency shall describe

19 how—

20 ‘‘(A) funds under the programs included in

21 the plan will be integrated to best serve the stu22 dents and teachers intended to benefit from

23 those programs; and
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1 ‘‘(B) those programs will be coordinated at

2 the State, school district, and school levels

3 with—

4 ‘‘(i) other covered programs not in5 cluded in the plan; and

6 ‘‘(ii) related programs, such as pro7 grams under the Reading Excellence Act

8 under part E of title I, the 21st Century

9 Community Learning Centers program and

10 the High School Reform program under

11 parts G and H of title X, respectively, and

12 the Teacher Quality Enhancement Pro13 grams, and the Gaining Early Awareness

14 and Readiness for Undergraduate Pro15 grams under title II and chapter 2 of sub16 part 2 of part A of title IV, of the Higher

17 Education Act of 1965, respectively.

18 ‘‘(c) INDICATORS.—In order to evaluate its perform19 ance under its consolidated State plan, a State educational

20 agency shall include in its plan—

21 ‘‘(1) any information required by the Secretary

22 under section 11912 regarding performance indica23 tors, benchmarks, and targets; and
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1 ‘‘(2) any other indicators or measures the State

2 determines are appropriate for evaluating its per3 formance under its consolidated State plan.

4 ‘‘(d) MONITORING AND DATA INTEGRITY.—A State

5 educational agency shall include in its consolidated State

6 plan a description of the strategies it will use to meet the

7 requirements of section 11503(a)(4) and (5).

8 ‘‘(e) PEER REVIEW AND SECRETARIAL APPROVAL.—

9 (1) The Secretary shall—

10 ‘‘(A) establish a peer-review process to assist in

11 the review, and provide recommendations for the re12 vision, of consolidated State plans under this section;

13 and

14 ‘‘(B) to the extent practicable, appoint individ15 uals to the peer-review process who—

16 ‘‘(i) are knowledgeable about the pro17 grams, and the populations they serve, included

18 in the plans;

19 ‘‘(ii) are representative of State edu20 cational agencies, local educational agencies,

21 teachers, and parents of students served under

22 those programs; and

23 ‘‘(iii) have expertise on educational stand24 ards, assessments, and accountability.
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1 ‘‘(2)(A) Following such peer review, the Secretary

2 shall approve a consolidated State plan if the Secretary

3 determines that the plan meets the requirements of this

4 section.

5 ‘‘(B) The Secretary may accompany such approval

6 with one or more conditions that the State educational

7 agency shall meet.

8 ‘‘(3) If the Secretary determines that the plan does

9 not meet the requirements of this section, the Secretary

10 shall notify the State of that determination and the rea11 sons for it.

12 ‘‘(4) The Secretary shall not finally disapprove a con13 solidated State plan before—

14 ‘‘(A) offering the State an opportunity to revise

15 its plan;

16 ‘‘(B) providing technical assistance to assist the

17 State to meet the requirements; and

18 ‘‘(C) providing a hearing.

19 ‘‘(f) REVISION AND AMENDMENT.—A State edu20 cational agency shall periodically review its consolidated

21 State plan to ensure that it accurately reflects its strate22 gies and activities under the programs covered by the plan.

23 If the State educational agency makes significant changes

24 to its strategies and activities, it shall submit an amend-
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1 ment to its plan to the Secretary for approval in accord2 ance with this section.’’;

3 (3) in section 14303(a)—

4 (A) in the matter before paragraph (1)—

5 (i) by striking out ‘‘or consolidated

6 State application’’; and

7 (ii) by striking out ‘‘section 14302’’

8 and inserting in lieu thereof ‘‘section

9 11502’’;

10 (B) by redesignating paragraphs (4), (5),

11 (6), and (7) as paragraphs (6), (7), (8), and

12 (9), respectively; and

13 (C) by inserting after paragraph (3) the

14 following new paragraphs:

15 ‘‘(4) the State will monitor performance by

16 local educational agencies to ensure compliance with

17 the requirements of this Act and—

18 ‘‘(A) maintain proper documentation of

19 monitoring activities;

20 ‘‘(B) provide technical assistance when ap21 propriate and undertake enforcement activities

22 when needed; and

23 ‘‘(C) systematically analyze the results of

24 audits and other monitoring activities to iden-
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1 tify trends in funding and to develop strategies

2 to correct problems;

3 ‘‘(5) the data used by the State to measure its

4 performance (and that of its local educational agen5 cies) under this Act are complete, reliable, and accu6 rate, or, if not, that the State will take such steps

7 as are necessary to make those data complete, reli8 able, and accurate.’’;

9 (4) by repealing section 14304;

10 (5) by amending section 14305 to read as fol11 lows:

12 ‘‘CONSOLIDATED LOCAL PLANS

13 ‘‘SEC. 14305. (a) GENERAL AUTHORITY.—A local

14 educational agency receiving funds under more than one

15 covered program may submit plans to the State edu16 cational agency under such programs on a consolidated

17 basis.

18 ‘‘(b) CONSOLIDATED PLANS.—A State educational

19 agency that has an approved consolidated State plan

20 under section 11502 may require local educational agen21 cies that receive funds under more than one program in22 cluded in the consolidated State plan to submit consoli23 dated local plans for such programs.

24 ‘‘(c) COLLABORATION.—A State educational agency

25 shall collaborate with local educational agencies in the
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1 State in establishing criteria and procedures for the sub2 mission of the consolidated local plans under this section.

3 ‘‘(d) CONTENTS.—For each program under this Act

4 that may be included in a plan under this section, the Sec5 retary may designate the descriptions and information

6 that must be included in a local consolidated plan, to en7 sure that each such program is administered in a proper

8 and effective manner in accordance with its purposes.’’;

9 (6) in section 14306, by striking out ‘‘section

10 14304’’ and inserting in lieu thereof ‘‘section

11 11504’’;

12 (7) by repealing section 14307; and

13 (8) by adding at the end thereof a new section

14 to read as follows:

15 ‘‘CONSOLIDATED REPORTING

16 ‘‘SEC. 14307. In order to encourage integration and

17 coordination of resources, simplify reporting requirements,

18 and reduce reporting burden, the Secretary shall establish

19 procedures and criteria under which a State educational

20 agency must submit a consolidated State annual perform21 ance report. Such a report shall contain information about

22 the programs included in the report, including the State’s

23 performance under those programs, and other matters, as

24 the Secretary determines, such as information regarding

25 monitoring activities under part I and section

26 11503(a)(4). Such a report shall take the place of indi-
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1 vidual annual performance reports for the programs sub2 ject to it.’’.

3 WAIVERS

4 SEC. 1104. Part D of title XIV of the Act is

5 amended—

6 (1) in section 14401(a), by inserting a comma

7 and ‘‘the Carl D. Perkins Vocational and Technical

8 Education Act of 1998, or subtitle B of title VII of

9 the Stewart B. McKinney Homeless Assistance Act’’

10 immediately after ‘‘requirement of this Act’’;

11 (2) in section 14401(b), by amending para12 graph (1) to read as follows:

13 ‘‘(1) IN GENERAL.—A State educational agen14 cy, local educational agency, or Indian tribe that de15 sires a waiver shall submit an application to the Sec16 retary at such time, in such manner, and containing

17 such information as the Secretary may reasonably

18 require. Each such application shall—

19 ‘‘(A) identify each Federal program af20 fected and the statutory or regulatory require21 ment requested to be waived;

22 ‘‘(B) describe the purpose and expected re23 sults of waiving each such requirement;

24 ‘‘(C) describe for each school year specific,

25 measurable, educational goals for the State edu26 cational agency and for each local educational
550

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1 agency, Indian tribe, or school that would be af2 fected by the waiver; and

3 ‘‘(D) explain why the waiver would assist

4 the State educational agency and each affected

5 local educational agency, Indian tribe, or school

6 in reaching those goals.’’;

7 (3) in section 14401(c)—

8 (A) in paragraph (8) by—

9 (i) striking out ‘‘part C of title X’’

10 and inserting in lieu thereof ‘‘part B of

11 title V’’; and

12 (ii) by striking out ‘‘or’’ at the end

13 thereof;

14 (B) in paragraph (9)—

15 (i) by striking out ‘‘section 14502’’

16 and ‘‘section 14507’’ and inserting in lieu

17 thereof ‘‘section 11702’’ and ‘‘section

18 11707’’, respectively; and

19 (ii) at the end thereof, by striking out

20 the period and inserting in lieu thereof a

21 semi-colon and ‘‘and’’; and

22 (C) by adding at the end thereof a new

23 paragraph to read as follows:

24 ‘‘(10) health and safety.’’; and

25 (4) in section 14401(e)(4), by—
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1 (A) striking out ‘‘fiscal year 1997’’ and in2 serting in lieu thereof ‘‘fiscal year 2001’’; and

3 (B) striking out ‘‘the Committee on Edu4 cation and Labor of the House of Representa5 tives and the Committee on Labor and Human

6 Resources of the Senate’’ and inserting in lieu

7 thereof ‘‘the Committee on Education and the

8 Workforce of the House of Representatives and

9 the Committee on Health, Education, Labor

10 and Pensions of the Senate’’.

11 UNIFORM PROVISIONS

12 SEC. 1105. Part E of title XIV of the Act is

13 amended—

14 (1) in section 14501(a), by inserting ‘‘(except

15 part C of title I)’’ immediately after ‘‘covered pro16 gram’’;

17 (2) in section 14503—

18 (A) in subsection (a)(1), by inserting ‘‘that

19 address their needs’’ immediately before the pe20 riod;

21 (B) by amending subsection (b)(1) to read

22 as follows:

23 ‘‘(1) IN GENERAL.—This section applies to pro24 grams under—

25 ‘‘(A) part C of title I;

26 ‘‘(B) part E of title I;
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1 ‘‘(C) subpart 2 of part A of title II;

2 ‘‘(D) title III;

3 ‘‘(E) part A of title IV, other than section

4 4115; and

5 ‘‘(F) part A of title VII.’’; and

6 (C) in subsection (c)—

7 (i) in paragraph (1)—

8 (I) in subparagraph (C), by strik9 ing out ‘‘and’’ at the end thereof;

10 (II) in subparagraph (D), by

11 striking out the period and inserting a

12 semi-colon; and

13 (III) by adding at the end thereof

14 the following new subparagraphs:

15 ‘‘(E) to the extent applicable, the amount

16 of funds received by such agency that are at17 tributable to private school children; and

18 ‘‘(F) how and when such agency will make

19 decisions about the delivery of services to these

20 children.’’; and

21 (ii) by amending paragraph (2) to

22 read as follows:

23 ‘‘(2) TIMING.—Such consultation shall include

24 meetings of agency and private school officials, shall

25 occur before the local educational agency makes any
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1 decision that affects the opportunities of eligible pri2 vate school children, teachers, or other educational

3 personnel to participate in programs under this Act,

4 and shall continue throughout the implementation

5 and assessment of activities under this section.’’;

6 (3) in section 14504, by striking out ‘‘section

7 14503’’ and ‘‘sections 14503, 14505, and 14506’’

8 and inserting in lieu thereof ‘‘section 11703’’ and

9 ‘‘sections 11703, 11705, and 11706’’, respectively;

10 (4) in section 14506—

11 (A) in subsection (a)(1)(A), by striking out

12 ‘‘section 14504’’ and inserting in lieu thereof

13 ‘‘section 11704’’;

14 (B) in subsection (b), by striking out ‘‘sec15 tion 14503’’ and inserting in lieu thereof ‘‘sec16 tion 11703’’; and

17 (C) in subsection (d), by striking out ‘‘Im18 proving America’s Schools Act of 1994’’ and in19 serting in lieu thereof ‘‘Educational Excellence

20 for All Children Act of 1999’’; and

21 (5) by repealing section 14513 and section

22 14514.

23 REPEAL

24 SEC. 1106. Part F of title XIV of the Act is repealed.
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1 EVALUATION AND INDICATORS

2 SEC. 1107. Part G of title XIV of the Act is

3 amended—

4 (1) by amending the heading thereof to read as

5 follows:

6 ‘‘EVALUATION AND INDICATORS’’;

7 (2) in section 14701—

8 (A) in subsection (a)—

9 (i) in paragraph (1)—

10 (I) by redesignating subpara11 graphs (B) and (C) as subparagraphs

12 (C) and (D), respectively;

13 (II) by inserting the following

14 new subparagraph (B):

15 ‘‘(B) conduct evaluations that carry out

16 the purposes of the Government Performance

17 and Results Act of 1993 with respect to pro18 grams under this Act;’’;

19 (III) in subparagraph (C), as re20 designated by clause (i), by striking

21 out ‘‘and’’ at the end thereof;

22 (IV) in subparagraph (D), as re23 designated by clause (i), by striking

24 out the period and inserting in lieu

25 thereof a semi-colon and ‘‘and’’; and
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1 (V) by adding at the end thereof

2 the following new subparagraph (E):

3 ‘‘(E) to work in partnership with the

4 States to develop information relating to pro5 gram performance that can be used to help

6 achieve continuous program improvement at the

7 State, school district, and school levels.’’;

8 (B) by striking out subsections (b) and (c);

9 and

10 (C) by inserting after subsection (a) the

11 following new subsections:

12 ‘‘(b) NATIONAL EVALUATION.—The Secretary shall

13 use funds reserved under subsection (a) to conduct inde14 pendent studies of programs under this Act and the effec15 tiveness of those programs in achieving their purposes, to

16 determine whether those programs (or the administration

17 of those programs) are—

18 ‘‘(1) contributing to improved student academic

19 performance;

20 ‘‘(2) supporting the development of challenging

21 standards and aligned assessments that guide other

22 elements of school reform, including teacher certifi23 cation, curriculum frameworks, instruction, and pro24 fessional development;
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1 ‘‘(3) assisting efforts in schools and classrooms

2 to improve teaching and the climate for learning,

3 particularly in high-poverty schools, including efforts

4 related to technology, professional development,

5 school violence and drug prevention, and public

6 school choice;

7 ‘‘(4) promoting flexibility with accountability;

8 ‘‘(5) supporting efforts to strengthen family

9 and community involvement in education;

10 ‘‘(6) targeting their resources effectively;

11 ‘‘(7) contributing to reform efforts and contin12 uous improvement; and

13 ‘‘(8) achieving other goals consistent with the

14 purposes of this Act.

15 ‘‘(c) INDEPENDENT PANEL.—The Secretary shall es16 tablish an independent panel to review studies under sub17 section (b) to advise the Secretary on their progress, and

18 to comment, if the panel chooses, on the final report de19 scribed in subsection (d).

20 ‘‘(d) REPORTS.—The Secretary shall submit an in21 terim report on the evaluation described in subsection (b)

22 within three years of enactment of the Educational Excel23 lence for All Children Act of 1999 and a final report with24 in four years of its enactment to the Committee on Edu25 cation and the Workforce of the House of Representatives
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1 and to the Committee on Health, Education, Labor and

2 Pensions of the Senate.

3 ‘‘(e) PARTNERSHIPS TO STRENGTHEN PERFORM4 ANCE INFORMATION FOR IMPROVEMENT.—The Secretary

5 may provide technical assistance to recipients of assistance

6 under this Act in order to strengthen the collection and

7 assessment of information relating to program perform8 ance and quality assurance at the State and local levels.

9 Such technical assistance shall be designed to promote the

10 development, measurement, use, and reporting of data on

11 valid, reliable, timely, and consistent performance indica12 tors, within and across programs, and may include one13 time grants, from funds reserved under subsection (a), to

14 recipients to develop their data systems with the goal of

15 helping recipients make continuous program improve16 ment.’’; and

17 (3) by adding at the end thereof the following

18 new section:

19 ‘‘PERFORMANCE MEASURES

20 ‘‘SEC. 14702. (a) IN GENERAL.—The Secretary is

21 authorized to establish performance indicators, bench22 marks, and targets for each program under this Act and

23 subtitle B of title VII of the Stewart B. McKinney Home24 less Assistance Act, to assist in measuring program per25 formance. Indicators, benchmarks, and targets under this

26 section shall be consistent with the Government Perform-
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1 ance and Results Act of 1993 (and strategic plans adopted

2 by the Secretary under that Act) and section 11501.

3 ‘‘(b) COLLABORATION.—The Secretary shall collabo4 rate with State educational agencies, local educational

5 agencies, and other recipients under this Act in estab6 lishing performance indicators, benchmarks, and targets

7 under this section.

8 ‘‘(c) PLANS AND APPLICATIONS.—The Secretary may

9 require any applicant for funds under this Act or subtitle

10 B of title VII of the Stewart B. McKinney Homeless As11 sistance Act to—

12 ‘‘(1) include in its plan or application informa13 tion relating to how it will use performance indica14 tors, benchmarks, and targets under this section to

15 improve its program performance; and

16 ‘‘(2) report data relating to such performance

17 indicators, benchmarks, and targets to the Sec18 retary.’’.

19 COORDINATED SERVICES

20 SEC. 1108. (a) REPEALS AND REDESIGNATIONS.—

21 The ESEA is further amended by—

22 (1) repealing sections 11003 and 11007; and

23 (2) redesignating—

24 (A) title XI of the ESEA as part I of title

25 XI of the ESEA; and
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1 (B) sections 11001, 11002, 11004, 11005,

2 and 11006 as sections 11901, 11902, 11903,

3 11904, and 11905, respectively.

4 (b) MISCELLANEOUS.—Part I of title XI of the

5 ESEA, as redesignated by subsection (a)(2), is

6 amended—

7 (1) by amending section 11903, as redesignated

8 by subsection (a)(2)(B), to read as follows:

9 ‘‘PROJECT DEVELOPMENT AND IMPLEMENTATION

10 ‘‘SEC. 11903. (a) APPLICATIONS.—Each eligible enti11 ty desiring to use funds made available under section

12 11405(b) shall submit an application to the appropriate

13 State educational agency at such time, in such manner,

14 and accompanied by such information as that agency may

15 reasonably require.

16 ‘‘(b) PROJECT ACTIVITIES.—An eligible entity that

17 wishes to conduct a coordinated services project shall—

18 ‘‘(1) maintain on file—

19 ‘‘(i) the results of its assessment of the

20 economic, social, and health barriers to edu21 cational achievement experienced by children

22 and families, including foster children and their

23 foster families, in the community, and of the

24 local, State, Federal, and privately funded serv25 ices available to meet those needs;
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1 ‘‘(ii) a description of the entities operating

2 the coordinated services project;

3 ‘‘(iii) a description of its coordinated serv4 ices project, the objectives of that project,

5 where the project will be located, the commu6 nity-wide partnership that will link public and

7 private agencies providing services to children

8 and their families, the staff that will be used

9 to carry out the project, and how the project

10 will meet the requirements in this part; and

11 ‘‘(iv) an annual budget that indicates the

12 sources and amounts of funds under this Act

13 that will be used for the project, consistent with

14 section 11405(b), and the purposes, by budget

15 category, for which those funds will be used;

16 ‘‘(2) evaluate annually the success of the co17 ordinated services project under this section in meet18 ing its goals and objectives;

19 ‘‘(3) train teachers and appropriate personnel

20 on the purposes, activities, and services of the co21 ordinated services project, and how children and

22 families may obtain those activities and services; and

23 ‘‘(4) ensure that the coordinated services

24 project addresses the health and welfare needs of

25 migratory families.
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1 ‘‘(c) SPECIAL RULE.—A State educational agency

2 need not require eligible entities to submit an application

3 under subsection (a) in order to permit them to carry out

4 coordinated services projects under this section.’’;

5 (2) in section 11904(a)—

6 (A) in paragraph (1), by striking out ‘‘sec7 tion 14206(b)’’ and ‘‘section 11004(b)(1)’’ and

8 inserting in lieu thereof ‘‘section 11405(b) for

9 a coordinated services project’’ and ‘‘section

10 11903(b)(1)(i)’’, respectively; and

11 (B) in paragraph (2), by striking out ‘‘sec12 tion 14206(b)’’ and inserting in lieu thereof

13 ‘‘section 11405(b)’’; and

14 (3) in section 11905—

15 (A) by striking out ‘‘Secretary’’ each place

16 it appears and inserting in lieu thereof ‘‘State

17 educational agency’’; and

18 (B) by striking out ‘‘section 14206(b)’’

19 and inserting in lieu thereof ‘‘section

20 11405(b)’’.

21 REDESIGNATIONS

22 SEC. 1109. Title XIV of the ESEA is further

23 amended—

24 (1) by redesignating such title as title XI;
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1 (2) by redesignating sections 14101, 14102,

2 and 14103 as sections 11101, 11102, and 11103,

3 respectively;

4 (3) by redesignating—

5 (A) part B as part D; and

6 (B) sections 14201, 14202, 14203, 14205,

7 and 14206 as sections 11401, 11402, 11403,

8 11404, and 11405, respectively;

9 (4) by redesignating—

10 (A) part C as part E; and

11 (B) sections 14301, 14302, 14303, 14305,

12 14306, and 14307 as sections 11501, 11502,

13 11503, 11504, 11505, and 11506, respectively;

14 (5) by redesignating—

15 (A) part D as part F; and

16 (B) section 14401 as section 11601;

17 (6) by redesignating—

18 (A) part E as part H; and

19 (B) sections 14501, 14502, 14503, 14504,

20 14505, 14506, 14507, 14508, 14509, 14510,

21 14511, and 14512 as sections 11801, 11802,

22 11803, 11804, 11805, 11806, 11807, 11808,

23 11809, 11810, 11811, and 11812, respectively;

24 (7) by redesignating—

25 (A) part G as part J; and
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1 (B) sections 14701 and 14702 as sections

2 11911 and 11912, respectively; and

3 (8) by redesignating—

4 (A) part H as part K and

5 (B) sections 14801 and 14802 as sections

6 11921 and 11922, respectively.

7 ED-FLEX PARTNERSHIPS

8 SEC. 1110. (a) IN GENERAL.—The Education Flexi9 bility Partnership Act of 1999 (P.L. 106–25) is

10 amended—

11 (1) by striking out everything before section 1;

12 (2) in section 1, by—

13 (A) striking out ‘‘Act’’ and inserting in

14 lieu thereof ‘‘part’’; and

15 (B) striking out ‘‘of 1999’’;

16 (3) in section (2), by—

17 (A) striking out paragraph (5);

18 (B) redesignating paragraphs (6) and (7)

19 as paragraphs (5) and (6), respectively; and

20 (C) in paragraph (5), as redesignated by

21 subparagraph (B), by—

22 (i) striking out ‘‘Expansion of waiver

23 authority will allow for the waiver of’’ and

24 inserting ‘‘States should be allowed to

25 waive’’; and
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1 (ii) striking out the comma after ‘‘af2 fected programs’’ and everything that fol3 lows through ‘‘and maintaining’’ and in4 serting ‘‘and maintaining’’;

5 (4) by amending section 3 to read as follows:

6 ‘‘DEFINITIONS

7 ‘‘SEC. 3. As used in this part, the terms ‘eligible

8 school attendance area’ and ‘school attendance area’ have

9 the meanings given those terms in section 1113(a)(2) of

10 this Act.’’;

11 (5) in section 4—

12 (A) in subsection (a)—

13 (i) in paragraph (2)—

14 (I) in the matter before subpara15 graph (A), by inserting a comma after

16 ‘‘section’’;

17 (II) by amending subparagraph

18 (A) to read as follows:

19 ‘‘(A) has an approved educational account20 ability plan under section 11208 of this Act and

21 is making satisfactory progress, as determined

22 by the Secretary, in implementing its policies

23 under sections 11204 and 11205 of this Act;’’;

24 and

25 (III) by amending subparagraph

26 (B) to read as follows:
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1 ‘‘(B) has developed and implemented chal2 lenging State content standards, challenging

3 State student performance standards, and

4 aligned assessments described in section

5 1111(b) of this Act; and’’;

6 (ii) in paragraph (3)(B)—

7 (I) in the matter before clause

8 (i), by striking out ‘‘such application’’

9 and inserting ‘‘it’’; and

10 (II) in clause (iv)(I), by striking

11 out ‘‘have the ability to’’ and inserting

12 ‘‘can’’;

13 (iii) in paragraph (4)(A)—

14 (I) in the matter before clause

15 (i), by inserting a comma immediately

16 after ‘‘paragraph (1)(A)’’ and imme17 diately after ‘‘regulatory require18 ment’’, the second time that phrase

19 appears, respectively; and

20 (II) in clause (iv), by striking out

21 ‘‘why’’ and inserting ‘‘how’’;

22 (iv) in paragraph (5)—

23 (I) in subparagraph (B)(ii), by

24 striking out ‘‘each such State’’ and in25 serting in lieu thereof ‘‘it’’; and
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1 (II) in subparagraph (C), by

2 striking out ‘‘2 years after the date of

3 the enactment of this Act’’ and insert4 ing ‘‘May 1, 2001’’;

5 (v) in paragraph (6), by amending

6 subparagraph (A) to read as follows:

7 ‘‘(A) IN GENERAL.—The Secretary shall

8 not approve the application of a State edu9 cational agency under paragraph (3) for a pe10 riod exceeding 5 years, except that the Sec11 retary may, in accordance with subparagraph

12 (C), extend that period if the Secretary deter13 mines that—

14 ‘‘(i) the State educational agency’s

15 authority to grant waivers has been effec16 tive in enabling that State or affected local

17 educational agencies or schools to carry

18 out their State or local reform plans and

19 to continue to meet the accountability re20 quirement described in paragraph (2)(B);

21 and

22 ‘‘(ii) the State has made significant

23 statewide gains in student achievement and

24 in closing the achievement gap between

25 low- and high-performing students.’’; and
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1 (vi) in paragraph (7), by striking out

2 ‘‘1999’’ and inserting ‘‘2000’’;

3 (B) by amending subsection (b) to read as

4 follows:

5 ‘‘(b) INCLUDED PROGRAMS.—The statutory and reg6 ulatory requirements referred to in subsection (a)(1)(A)

7 are any requirements for programs carried out under the

8 following provisions:

9 ‘‘(1) Title I of this Act (other than subsection

10 (a) and (c) of section 1116).

11 ‘‘(2) Part A of title II of this Act.

12 ‘‘(3) Subpart 1 of part D of title III of this Act.

13 ‘‘(4) Part A of title IV of this Act.

14 ‘‘(5) Title VI of this Act.

15 ‘‘(6) Part B of title VII of this Act.

16 ‘‘(7) The Carl D. Perkins Vocational and Tech17 nical Education Act of 1998.

18 ‘‘(8) Subtitle B of title VII of the Stewart B.

19 McKinney Homeless Assistance Act.’’;

20 (C) in subsection (c)—

21 (i) in subparagraph (G), by striking

22 out ‘‘such Act’’ and inserting ‘‘this Act’’;

23 (ii) by redesignating subparagraphs

24 (H) and (I) as subparagraphs (I) and (J),

25 respectively; and
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1 (iii) by inserting a new subparagraph

2 (H) to read as follows:

3 ‘‘(H) the eligibility of a school for a

4 schoolwide program under section 1114 of this

5 Act, except that a State educational agency

6 may grant a waiver to allow a local educational

7 agency to conduct a schoolwide program in a

8 school that serves an attendance area in which

9 not less than 40 percent of the children are

10 from low-income families or in which not less

11 than 40 percent of the children enrolled are

12 from such families;’’ ;

13 (D) in subsection (d)—

14 (i) in paragraph (1), by striking out

15 ‘‘the waiver authority’’ and inserting ‘‘that

16 waiver authority’’; and

17 (ii) in paragraph (4), by—

18 (I) striking out ‘‘date of the en19 actment of this Act’’ and inserting

20 ‘‘effective date of this part’’; and

21 (II) striking out ‘‘subpart 2 of

22 part A of title III of the Elementary

23 and Secondary Education Act of 1965

24 (other than section 3136 of such
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1 Act)’’ and inserting ‘‘subpart 1 of

2 part D of title III of this Act’’; and

3 (E) at the end thereof, by adding a new

4 subsection (f) to read as follows:

5 ‘‘(f) TRANSITION.—Waivers granted under applicable

6 ED-Flex authority prior to the effective date of this part

7 shall remain in effect in accordance with the terms and

8 conditions that applied to those waivers when they were

9 granted. Waivers granted on or after the effective date of

10 this part shall be subject to the provisions of this part.’’;

11 (6) by striking out ‘‘the Elementary and Sec12 ondary Education Act of 1965’’ each place it ap13 pears and inserting ‘‘this Act’’; and

14 (7) by repealing sections 5 and 6.

15 (b) REDESIGNATIONS.—Title XI of the ESEA is fur16 ther amended—

17 (1) by redesignating the Education Flexibility

18 Partnership Act, as amended by subsection (a), as

19 part G of title XI; and

20 (2) by redesignating sections 1, 2, 3, and 4 as

21 sections 11701, 11702, 11703, and 11704, respec22 tively.

23 ACCOUNTABILITY

24 SEC. 1111. Title XI of the ESEA, as redesignated

25 by section 1109, is further amended by inserting a new

26 part B to read as follows:
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1 ‘‘PART B—IMPROVING EDUCATION THROUGH

2 ACCOUNTABILITY

3 ‘‘SHORT TITLE

4 ‘‘SEC. 11201. This part may be cited as the ‘‘Edu5 cation Accountability Act of 1999’’.

6 ‘‘PURPOSE

7 ‘‘SEC. 11202. It is the purpose of this part to improve

8 academic achievement for all children, assist in meeting

9 America’s Education Goals under section 3 of this Act,

10 promote the incorporation of challenging State academic

11 content and student performance standards into classroom

12 practice, enhance the accountability of State and local offi13 cials for student progress, and improve the effectiveness

14 of programs under this Act and the educational opportuni15 ties of the students that they serve.

16 ‘‘TURNING AROUND FAILING SCHOOLS

17 ‘‘SEC. 11203. Consistent with section 1111(b)(3)(B)

18 of this Act, a State that receives assistance under this Act

19 shall develop and implement a statewide system for hold20 ing its local educational agencies and schools accountable

21 for student performance that includes—

22 ‘‘(1) a procedure for identifying local edu23 cational agencies and schools in need of improve24 ment;

25 ‘‘(2) intervening in those agencies and schools

26 to improve teaching and learning; and
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1 ‘‘(3) implementing corrective actions, if those

2 interventions are not effective.

3 ‘‘STUDENT PROGRESS AND PROMOTION POLICY

4 ‘‘SEC. 11204. (a) IN GENERAL.—(1) A State that re5 ceives assistance under this Act shall, at the time it sub6 mits its accountability plan under section 11208, have in

7 effect a State policy that is designed to—

8 ‘‘(A) ensure that students progress through

9 school on a timely basis, having mastered the chal10 lenging material needed for them to reach high

11 standards of performance; and

12 ‘‘(B) end the practices of social promotion and

13 retention.

14 ‘‘(2) As used in this part, the term—

15 ‘‘(A) ‘social promotion’ means the unsound edu16 cational practice of promoting students who have not

17 demonstrated mastery of challenging State academic

18 standards without affording those students con19 tinuing intensive and comprehensive interventions by

20 educational authorities to enable them to master

21 such standards; and

22 ‘‘(B) ‘retention’ means the unsound educational

23 practice of requiring students who have not dem24 onstrated mastery of challenging academic standards

25 to repeat a grade or part of a grade rather than

26 placing such students in age-appropriate settings
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1 and affording them continuing intensive and com2 prehensive interventions by educational authorities

3 to enable them to master such standards.

4 ‘‘(b) POLICY.—In order to ensure that students will

5 progress through school and graduate having mastered the

6 challenging material needed for them to meet high stand7 ards of performance, a State policy under subsection (a)

8 shall—

9 ‘‘(1) require—

10 ‘‘(A) its local educational agencies to im11 plement continuing, intensive and comprehen12 sive educational interventions as may be nec13 essary to ensure that all students can meet the

14 challenging academic performance standards re15 quired under section 1111(b)(1)(A) of this Act;

16 and

17 ‘‘(B) whatever steps are necessary by

18 States, local educational agencies, parents and

19 students to ensure that all students will meet

20 the challenging academic performance stand21 ards required under section 1111(b)(1)(A) at

22 three key transition points as determined by the

23 state, consistent with section 1111(b)(2)(D) so

24 that students will progress through school and

25 graduate having mastered the challenging mate-
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1 rial needed for them to meet high standards of

2 performance.

3 ‘‘(2) require the State educational agency to de4 termine, through the collection of appropriate data,

5 whether local educational agencies and schools are

6 ending the practices of social promotion and reten7 tion;

8 ‘‘(3) require its local educational agencies to

9 provide to all students educational opportunities in

10 classrooms with qualified teachers who use proven

11 instructional practices that are aligned with the

12 State’s challenging standards and who are supported

13 by high-quality professional development;

14 ‘‘(4) require its local educational agencies to

15 use effective, research-based prevention and early

16 intervention strategies to identify and support stu17 dents who need additional help to meet those pro18 motion standards;

19 ‘‘(5) provide, with respect to students who have

20 not demonstrated mastery of challenging State aca21 demic standards on a timely basis—

22 ‘‘(A) for continuing, intensive, and age-ap23 propriate interventions, including extended in24 struction and learning time, such as after-
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1 school and summer programs that are designed

2 to help students master such material;

3 ‘‘(B) for other specific interventions, with

4 appropriate instructional strategies, to enable

5 students with limited English proficiency and

6 students with disabilities to master such mate7 rial;

8 ‘‘(C) for the identification of the knowledge

9 and skills in particular subject areas that stu10 dents have not mastered, in order to facilitate

11 remediation in those areas;

12 ‘‘(D) for the development, by schools, of

13 plans to provide individualized attention to stu14 dents who have not mastered such material;

15 ‘‘(E) for full communication between the

16 school and parents, including a description and

17 analysis of the students’ performance, how it

18 will be improved, and how parents will be in19 volved in the process; and

20 ‘‘(F) in cases in which significant numbers

21 of students have failed to master such material,

22 for a State review of whether corrective action

23 under section 1116 of this Act with respect to

24 the school or local educational agency is needed;
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1 ‘‘(6) require its local educational agencies to

2 disseminate widely their policies under this sub3 section in language and in a format that is concise

4 and that parents can understand; and

5 ‘‘(7) ensure that any assessments used by a

6 State, local educational agency, or school for the

7 purpose of implementing a policy under this

8 subsection—

9 ‘‘(A) are aligned with the State’s chal10 lenging content and performance standards and

11 provide coherent information about student

12 progress towards attainment of those stand13 ards;

14 ‘‘(B) include multiple measures, including

15 teacher evaluations, no one of which may be as16 signed determinative weight in making adverse

17 decisions about individual students;

18 ‘‘(C) offer multiple opportunities for stu19 dents to demonstrate that they meet the stand20 ards;

21 ‘‘(D) are valid and reliable for the pur22 poses for which they are used and must fairly

23 and accurately measure what students have

24 been taught;
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1 ‘‘(E) provide reasonable adaptations and

2 accommodations for students with disabilities

3 and students with limited English proficiency;

4 ‘‘(F) provide that students with limited

5 English proficiency are assessed, to the greatest

6 extent practicable, in the language and form

7 most likely to yield accurate and reliable infor8 mation about what those students know and

9 can do; and

10 ‘‘(G) provide that Spanish-speaking stu11 dents with limited English proficiency are as12 sessed using tests written in Spanish, if Span13 ish-language assessments are more likely than

14 English-language tests to yield accurate and re15 liable information on what those students know

16 and can do.

17 ‘‘(c) PLAN CONTENT.—A State shall include in its

18 accountability plan under section 11208 a detailed de19 scription of—

20 ‘‘(1) its policy under subsection (b), in accord21 ance with paragraph (2);

22 ‘‘(2) the strategies and steps (including

23 timelines and performance indicators) that the State

24 will take to ensure that its policy is fully imple-
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1 mented no later than four years from the date of

2 the approval of its accountability plan; and

3 ‘‘(3) the steps that the State will take to ensure

4 that the policy is disseminated to all local edu5 cational agencies and schools in the State and to the

6 general public.

7 ‘‘ENSURING TEACHER QUALITY

8 ‘‘SEC. 11205. (a) IN GENERAL.—A State that re9 ceives assistance under this Act shall, at the time it sub10 mits its accountability plan under section 11208, have in

11 effect a policy that—

12 ‘‘(1) is designed to ensure that there are quali13 fied teachers in every classroom in the State; and

14 ‘‘(2) meets the requirements of this section.

15 ‘‘(b) POLICY.—A policy to ensure teacher quality

16 under this section shall include the strategies that the

17 State will carry out to ensure that, within four years from

18 the date of the approval of its accountability plan—

19 ‘‘(1) not less than 95 percent of the teachers in

20 public schools in the State are certified or—

21 ‘‘(A) have a baccalaureate degree and are

22 enrolled in a program, such as an alternative

23 certification program, leading to full certifi24 cation in their field within three years; or
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1 ‘‘(B) have full certification in another

2 State and are establishing certification where

3 they are teaching;

4 ‘‘(2) not less than 95 percent of the teachers in

5 public secondary schools in the State have academic

6 training or demonstrated competence in the subject

7 area in which they teach;

8 ‘‘(3) there is no disproportionate concentration

9 in particular school districts of teachers who are not

10 described in paragraphs (1) or (2); and

11 ‘‘(4) its certification process for new teachers

12 includes an assessment of content knowledge and

13 teaching skills that is aligned with State standards.

14 ‘‘(c) PLAN CONTENT.—(1) A State shall include in

15 its accountability plan under section 11208 the perform16 ance indicators by which it will annually measure its

17 progress in—

18 ‘‘(A) decreasing the percentage of teachers in

19 the State teaching without full licenses or creden20 tials; and

21 ‘‘(B) increasing the percentage of secondary

22 school classes in core academic subject areas taught

23 by teachers who—
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1 ‘‘(i) have a postsecondary-level academic

2 major or minor in the subject area they teach

3 or a related field; or

4 ‘‘(ii) otherwise demonstrate a high level of

5 competence through rigorous tests in their aca6 demic subject.

7 ‘‘(2) In its accountability plan under section 11208,

8 a State shall assure that, in carrying out this policy, it

9 will not decrease the rigor or quality of its teacher certifi10 cation standards.

11 ‘‘SOUND DISCIPLINE POLICY

12 ‘‘SEC. 11206. (a) IN GENERAL.—A State that re13 ceives assistance under this Act shall, at the time it sub14 mits its accountability plan under section 11208, have in

15 effect a policy that requires its local educational agencies

16 and schools to have in place and implement sound and

17 equitable discipline policies, in order to ensure a safe, or18 derly, and drug-free learning environment in every school.

19 ‘‘(b) POLICY.—A State discipline policy under this

20 section shall require local educational agencies and schools

21 to have in place and implement disciplinary policies that—

22 ‘‘(1) focus on prevention and are coordinated

23 with prevention strategies and programs under title

24 IV of this Act;

25 ‘‘(2) apply to all students and are enforced con26 sistently and equitably;
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1 ‘‘(3) are clear and understandable;

2 ‘‘(4) are developed with the participation of

3 school staff, students, and parents;

4 ‘‘(5) are broadly disseminated;

5 ‘‘(6) ensure that due process is provided;

6 ‘‘(7) are consistent with applicable Federal,

7 State and local laws, including the Individuals With

8 Disabilities Education Act;

9 ‘‘(8) ensure that teachers are adequately

10 trained to manage their classrooms effectively; and

11 ‘‘(9) in case of students who are suspended or

12 expelled from school, provide for appropriate super13 vision, counseling, and educational services that will

14 help those students continue to meet the State’s

15 challenging standards.

16 ‘‘(c) PLAN CONTENT.—A State shall include in its

17 accountability plan under section 11208 an assurance that

18 it has in effect a policy that meets the requirements of

19 this section.

20 ‘‘EDUCATION REPORT CARDS

21 ‘‘SEC. 11207. (a) IN GENERAL.—(1) A State that re22 ceives assistance under this Act shall, at the time it sub23 mits its accountability plan under section 11208, have in

24 effect a policy that requires the development and dissemi25 nation of annual report cards, regarding the status of edu26 cation and educational progress in the State and in its
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1 local educational agencies and schools, that meet the re2 quirements of this section.

3 ‘‘(2) Report cards under this section shall—

4 ‘‘(A) be concise;

5 ‘‘(B) be disseminated in a format and manner

6 that parents can understand; and

7 ‘‘(C) focus on educational results.

8 ‘‘(b) CONTENT OF STATE-LEVEL REPORT CARD.—

9 (1) The State shall, at a minimum, include in the annual

10 State-level report card information regarding—

11 ‘‘(A) student performance on statewide assess12 ments, set forth on an aggregated basis, in both

13 reading (or language arts) and mathematics, as well

14 as any other subject area for which the State re15 quires assessments;

16 ‘‘(B) attendance and graduation rates in the

17 public schools of the State;

18 ‘‘(C) average class size in each of the school

19 districts in the State;

20 ‘‘(D) school safety, including the incidence of

21 school violence and drug and alcohol abuse and the

22 number of instances in which a student has pos23 sessed a firearm at school, subject to the Gun-Free

24 Schools Act; and
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1 ‘‘(E) the professional qualifications of teachers

2 in the State, including the number of teachers teach3 ing with emergency credentials and the number of

4 teachers teaching out of their field of expertise.

5 ‘‘(2) Student achievement data in the report card

6 shall contain statistically sound, disaggregated results for

7 the following categories:

8 ‘‘(A) Gender.

9 ‘‘(B) Racial and ethnic group.

10 ‘‘(C) Migrant status.

11 ‘‘(D) Students with disabilities, as compared to

12 students who are not disabled.

13 ‘‘(E) Economically disadvantaged students, as

14 compared to students who are not economically dis15 advantaged.

16 ‘‘(F) Students with limited English proficiency,

17 as compared to students who are proficient in

18 English.

19 ‘‘(3) A State may include in such report cards any

20 other information it determines appropriate to reflect

21 school quality and student achievement, such as informa22 tion on—

23 ‘‘(A) longitudinal achievement scores from the

24 National Assessment of Educational Progress or

25 State assessments;
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1 ‘‘(B) parent involvement, as determined by such

2 measures as the extent of parental participation in

3 school parental involvement activities;

4 ‘‘(C) participation in extended learning time

5 programs, such as after-school and summer pro6 grams; and

7 ‘‘(D) the performance of students in meeting

8 physical education goals.

9 ‘‘(c) CONTENT OF LOCAL EDUCATIONAL AGENCY

10 AND SCHOOL REPORT CARDS.—(1) The State shall en11 sure that each local educational agency and each school

12 in the State includes in its annual report card, at a

13 minimum—

14 ‘‘(A) the information described in subsections

15 (b)(1) and (b)(2); and

16 ‘‘(B)(i) in the case of a local educational

17 agency—

18 ‘‘(I) the number of schools identified as

19 low-performing schools, such as schools identi20 fied as in need of improvement under section

21 1116(c)(1) of this Act; and

22 ‘‘(II) information that shows how students

23 in its schools performed on statewide assess24 ments compared to students in the rest of the
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1 State (including such comparisons over time, if

2 the information is available); or

3 ‘‘(ii) in the case of a school—

4 ‘‘(I) whether it has been identified as a

5 low-performing school; and

6 ‘‘(II) information that shows how its stu7 dents performed on statewide assessments com8 pared to students in the rest of the local edu9 cational agency and the State (including such

10 comparisons over time, if the information is

11 available).

12 ‘‘(2) Local educational agencies and schools may in13 clude in their annual report cards the information de14 scribed in subsection (b)(3) and any other appropriate in15 formation.

16 ‘‘(d) DISSEMINATION AND ACCESSIBILITY OF RE17 PORT CARDS.—(1) State-level report cards under sub18 section (b) shall be posted on the Internet, disseminated

19 to all schools and local educational agencies in the State,

20 and made broadly available to the public.

21 ‘‘(2) Local educational agency report cards under

22 subsection (c) shall be disseminated to all schools in the

23 school district and to all parents of students attending

24 these schools, and made broadly available to the public,

25 through such means as posting on the Internet.
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1 ‘‘(3) School report cards under subsection (c) shall

2 be disseminated to all parents of students attending that

3 school and be made broadly available to the public,

4 through such means as posting on the Internet.

5 ‘‘(e) PLAN CONTENT.—A State shall include in its

6 accountability plan under section 11208 an assurance that

7 it has in effect a policy that meets the requirements of

8 this section.

9 ‘‘EDUCATION ACCOUNTABILITY PLANS

10 ‘‘SEC. 11208. (a) IN GENERAL.—Each State that re11 ceives assistance under this Act on or after July 1, 2000,

12 shall have on file with the Secretary an approved account13 ability plan that meets the requirements of this section.

14 ‘‘(b) CONTENT.—An accountability plan under sub15 section (a) shall include—

16 ‘‘(1) a description of the State’s system under

17 section 11203;

18 ‘‘(2) a description of the steps the State will

19 take to ensure that all local educational agencies

20 have the capacity needed to ensure compliance with

21 this part;

22 ‘‘(3) the information or assurances called for by

23 sections 11204(c), 11205(c), 11206(c), and

24 11207(e);
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1 ‘‘(4) information indicating that the Governor

2 and the State educational agency concur with the

3 plan; and

4 ‘‘(5) any other information that the Secretary

5 may reasonably require to ensure the proper and ef6 fective administration of this part.

7 ‘‘(c) REPORTS.—(1) A State shall report annually to

8 the Secretary, in such form and containing such informa9 tion as the Secretary may require, on its progress in car10 rying out the requirements of this part, and shall include

11 such report in its consolidated State performance report

12 under section 11506.

13 ‘‘(2) In reporting on its progress in implementing its

14 student progress and social promotion policy under section

15 11204, a State shall assess the effect of its policy, and

16 its implementation, in improving academic achievement

17 for all children and otherwise carrying out the purpose

18 specified in section 11202.

19 ‘‘(d) RELATIONSHIP TO CONSOLIDATED PLAN.—(1)

20 If a State submits a consolidated State plan under section

21 11502, it shall include in that plan its accountability plan

22 under this section.

23 ‘‘(2) If a State does not submit a consolidated State

24 plan, it shall submit a separate accountability plan under

25 this section to receive assistance under this Act.
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1 ‘‘(e) APPROVAL.—(1)(A) The Secretary shall approve

2 an accountability plan under this section if the Secretary

3 determines that it complies substantially with the require4 ments of this part.

5 ‘‘(B) The Secretary may accompany the approval of

6 a plan with conditions that are consistent with the purpose

7 of this part.

8 ‘‘(2) In reviewing accountability plans under this

9 part, the Secretary shall employ the peer-review proce10 dures under section 11502(e).

11 ‘‘(3) If a State does not submit a consolidated State

12 plan under section 11502, the Secretary shall, in consid13 ering that State’s separate accountability plan under this

14 section, employ such procedures, comparable to those set

15 forth in section 11502(e), as the Secretary may determine.

16 ‘‘AUTHORITY OF SECRETARY TO ENSURE

17 ACCOUNTABILITY

18 ‘‘SEC. 11209. (a) REMEDIES FOR SUBSTANTIAL

19 FAILURE.—If the Secretary determines that a State has

20 failed substantially to carry out a requirement of this part

21 or a provision in its approved accountability plan under

22 section 11208, or that its performance has failed substan23 tially to meet a performance indicator in such plan, the

24 Secretary shall take, consistent with applicable due proc25 ess procedures, one or more of the following steps to en26 sure that the purpose of this part is carried out promptly:
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1 ‘‘(1) Providing, or arranging for the provision

2 of, technical assistance to the State educational

3 agency in question.

4 ‘‘(2) Requiring a plan for corrective action.

5 ‘‘(3) Suspending or terminating authority to

6 grant waivers under applicable ED-Flex authority.

7 ‘‘(4) Suspending or terminating eligibility to

8 participate in competitive programs under this Act.

9 ‘‘(5) Withholding, in whole or in part, State ad10 ministrative funds available under this Act.

11 ‘‘(6) Withholding, in whole or in part, program

12 funds available to such State under the Act.

13 ‘‘(7) Imposing one or more conditions upon the

14 Secretary’s approval of a State plan or application

15 under this Act.

16 ‘‘(8) Taking other action authorized under part

17 D of the General Education Provisions Act, such as

18 a cease-and-desist order or compliance agreement.

19 ‘‘(9) Taking any other appropriate account20 ability step that is consistent with this Act, including

21 referral to the Department of Justice for enforce22 ment.

23 ‘‘(b) EFFECTIVE ENFORCEMENT.—If remedial steps

24 taken by the Secretary under subsection (a) fail to correct

25 the State’s non-compliance, the Secretary shall take one
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1 or more additional steps under subsection (a) to bring the

2 State into compliance.

3 ‘‘RECOGNITION AND REWARDS

4 ‘‘SEC. 11210. (a) IN GENERAL.—If the Secretary de5 termines that a State has demonstrated significant, state6 wide achievement gains in core subjects, as measured by

7 the National Assessment of Educational Progress for

8 three consecutive years, is closing the achievement gap be9 tween low- and high-performing students, and has in place

10 strategies for continuous improvement, including improve11 ment in reducing the practices of social promotion and re12 tention, the Secretary shall, in light of all the cir13 cumstances, including the size of those gains, recognize

14 and reward the State, as described under subsection (b).

15 ‘‘(b) REWARDS.—The Secretary shall establish,

16 through regulation, a system for recognizing and reward17 ing States described under subsection (a). Such rewards

18 may include—

19 ‘‘(1) conferring priority in competitive programs

20 under this Act;

21 ‘‘(2) increased flexibility in administering pro22 grams under this Act, consistent with maintaining

23 accountability; and

24 ‘‘(3) supplementary grants or administrative

25 funds to carry out the purposes of this Act.
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1 ‘‘(c) AUTHORIZATION.—There are authorized to be

2 appropriated for fiscal year 2001 and each of the four suc3 ceeding fiscal years, such sums as may be necessary to

4 carry out subsection (b)(3).

5 ‘‘BEST PRACTICES AND MODELS

6 ‘‘SEC. 11211. In implementing this part, the Sec7 retary shall, after consulting with State and local edu8 cational agencies and other agencies, institutions, and or9 ganizations with experience or information relevant to the

10 purpose of this part, disseminate information about best

11 practices, models, and other forms of technical assistance.

12 ‘‘CONSTRUCTION

13 ‘‘SEC. 11212. Nothing in this part shall be construed

14 as affecting home schooling or the application of the civil

15 rights laws or the Individuals with Disabilities Education

16 Act.’’.

17 AMERICA’S EDUCATION GOALS PANEL

18 SEC. 1112. Title XI of the ESEA, as redesignated

19 by section 1109, is further amended by adding a new part

20 C to read as follows:

21 ‘‘PART C—AMERICA’S EDUCATION GOALS PANEL

22 ‘‘PURPOSE

23 ‘‘SEC. 11301. It is the purpose of this part to estab24 lish a bipartisan mechanism for—

25 ‘‘(1) building a national consensus for edu26 cation improvement; and
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1 ‘‘(2) reporting on progress toward achieving

2 America’s Education Goals.

3 ‘‘AMERICA’S EDUCATION GOALS PANEL

4 ‘‘SEC. 11302. (a) ESTABLISHMENT.—There is estab5 lished an America’s Education Goals Panel (hereinafter

6 in this part referred to as the ‘Goals Panel’) to advise the

7 President, the Secretary, and the Congress.

8 ‘‘(b) COMPOSITION.—The Goals Panel shall be com9 posed of 18 members (hereinafter in this part referred to

10 as ‘members’), including—

11 ‘‘(1) 2 members appointed by the President;

12 ‘‘(2) 8 members who are Governors, 3 of whom

13 shall be from the same political party as the Presi14 dent and 5 of whom shall not be from the same po15 litical party as the President, appointed by the

16 Chairperson and Vice Chairperson of the National

17 Governors’ Association, with the Chairperson and

18 Vice Chairperson each appointing representatives of

19 such Chairperson’s or Vice Chairperson’s respective

20 political party, in consultation with each other;

21 ‘‘(3) 4 Members of the Congress, of whom—

22 ‘‘(A) 1 member shall be appointed by the

23 Majority Leader of the Senate from among the

24 Members of the Senate;
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1 ‘‘(B) 1 member shall be appointed by the

2 Minority Leader of the Senate from among the

3 Members of the Senate;

4 ‘‘(C) 1 member shall be appointed by the

5 Majority Leader of the House of Representa6 tives from among the Members of the House of

7 Representatives; and

8 ‘‘(D) 1 member shall be appointed by the

9 Minority Leader of the House of Representa10 tives from among the Members of the House of

11 Representatives; and

12 ‘‘(4) 4 members of State legislatures appointed

13 by the President of the National Conference of State

14 Legislatures, of whom 2 shall be of the same polit15 ical party as the President of the United States.

16 ‘‘(c) SPECIAL APPOINTMENT RULES.—

17 (1) IN GENERAL.—The members appointed pur18 suant to subsection (b)(2) shall be appointed as fol19 lows:

20 ‘‘(A) If the Chairperson of the National

21 Governors’’ Association is from the same polit22 ical party as the President, the Chairperson

23 shall appoint 3 individuals and the Vice Chair24 person of such association shall appoint 5 indi25 viduals.
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1 ‘‘(B) If the Chairperson of the National

2 Governors’’ Association is not from the same

3 political party as the President, the Chairperson

4 shall appoint 5 individuals and the Vice Chair5 person of such association shall appoint 3 indi6 viduals.

7 ‘‘(3) REPRESENTATION.—To the extent fea8 sible, the membership of the Goals Panel shall be

9 geographically representative and reflect the racial,

10 ethnic, and gender diversity of the United States.

11 ‘‘(d) TERMS. The terms of service of members shall

12 be as follows:

13 ‘‘(1) PRESIDENTIAL APPOINTEES.—Members

14 appointed under subsection (b)(1) of this section

15 shall serve at the pleasure of the President.

16 ‘‘(2) GOVERNORS.—Members appointed under

17 paragraph (2) of subsection (b) of this section shall

18 serve for 2-year terms, except that the initial ap19 pointments under such paragraph shall be made to

20 ensure staggered terms with one-half of such mem21 bers’ terms concluding every 2 years.

22 ‘‘(3) CONGRESSIONAL APPOINTEES AND STATE

23 LEGISLATORS.—Members appointed under para24 graphs (3) and (4) of subsection (b) shall serve for

25 2-year terms.
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1 ‘‘(e) VACANCIES.—A vacancy on the Goals Panel

2 shall not affect its powers, but shall be filled in the same

3 manner as the original appointment.

4 ‘‘(f) TRAVEL.—Each member may be allowed travel

5 expenses, including per diem in lieu of subsistence, as au6 thorized by section 5703 of title 5 of the United States

7 Code for each day the member is engaged in the perform8 ance of duties for the Goals Panel away from the home

9 or regular place of business of the member.

10 ‘‘(g) CHAIRPERSON.—

11 (1) IN GENERAL. Subject to paragraph (3), the

12 members shall select a Chairperson from among

13 themselves.

14 ‘‘(2) TERM.—The Chairperson of the Goals

15 Panel shall serve a 1-year term.

16 ‘‘(3) POLITICAL AFFILIATION. The duties of the

17 Chairperson shall alternate between political parties.

18 ‘‘(h) CONFLICT OF INTEREST. A member of the Goals

19 Panel who is an elected official of a State that has devel20 oped content or student performance standards may not

21 participate in Goals Panel consideration of that State’s

22 standards.

23 ‘‘(i) EX OFFICIO MEMBER.—If the President has not

24 appointed the Secretary as 1 of the 2 members the Presi25 dent appoints pursuant to subsection (b)(1), then the Sec-
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1 retary shall serve as a nonvoting ex officio member of the

2 Goals Panel.

3 ‘‘DUTIES

4 ‘‘SEC. 11303. (a) IN GENERAL.—The Goals Panel

5 shall—‘‘(1) report to the President, the Secretary, and the

6 Congress regarding the progress the Nation and the

7 States are making toward achieving America’s Education

8 Goals established under section 2 of this Act, including

9 issuing an annual report;

10 ‘‘(2) report on promising or effective actions being

11 taken at the national, State, and local levels, and in the

12 public and private sectors, to achieve America’s Education

13 Goals; and

14 ‘‘(3) help build a nationwide, bipartisan consensus for

15 the reforms necessary to achieve America’s Education

16 Goals.

17 ‘‘(b) REPORT.—

18 (1) IN GENERAL. The Goals Panel shall annu19 ally prepare and submit to the President, the Sec20 retary, the appropriate committees of Congress, and

21 the Governor of each State a report that shall—

22 ‘‘(A) report on the progress of the United

23 States toward achieving America’s Education

24 Goals; and

25 ‘‘(B) identify actions that should be taken

26 by Federal, State, and local governments to en-
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1 hance progress toward achieving America’s

2 Education Goals and to provide all students

3 with a fair opportunity to learn.

4 ‘‘(2) FORM; DATA.—Reports under this sub5 section shall be presented in a form, and include

6 data, that is understandable to parents and the gen7 eral public.

8 ‘‘POWERS OF THE GOALS PANEL

9 ‘‘SEC. 11304. (a) HEARINGS.—

10 ‘‘(1) IN GENERAL.—The Goals Panel shall, for

11 the purpose of carrying out this part, conduct such

12 hearings, sit and act at such times and places, take

13 such testimony, and receive such evidence, as the

14 Goals Panel considers appropriate.

15 ‘‘(2) REPRESENTATION.—In carrying out this

16 part, the Goals Panel shall conduct hearings to re17 ceive reports, views, and analyses of a broad spec18 trum of experts and the public on the establishment

19 of voluntary national content standards, voluntary

20 national student performance standards, and State

21 assessments.

22 ‘‘(b) INFORMATION.—The Goals Panel may secure di23 rectly from any department or agency of the United States

24 information necessary to enable the Goals Panel to carry

25 out this part. Upon request of the Chairperson of the

26 Goals Panel, the head of a department or agency shall
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1 furnish such information to the Goals Panel to the extent

2 permitted by law.

3 ‘‘(c) POSTAL SERVICES.—The Goals Panel may use

4 the United States mail in the same manner, and under

5 the same conditions, as other departments and agencies

6 of the United States.

7 ‘‘(d) USE OF FACILITIES.—The Goals Panel may,

8 with or without reimbursement, and with the consent of

9 any agency or instrumentality of the United States, or of

10 any State or political subdivision thereof, use the research,

11 equipment, services, and facilities of such agency, instru12 mentality, State, or political subdivision, as the case may

13 be.

14 ‘‘(e) ADMINISTRATIVE ARRANGEMENTS AND SUP15 PORT.—

16 ‘‘(1) IN GENERAL.—The Secretary shall provide

17 to the Goals Panel, on a reimbursable basis, such

18 administrative support services as the Goals Panel

19 may request.

20 ‘‘(2) CONTRACTS AND OTHER ARRANGE21 MENTS.—The Secretary, to the extent appropriate,

22 and on a reimbursable basis, shall make contracts

23 and other arrangements that are requested by the

24 Goals Panel to help it compile and analyze data or
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1 carry out other functions necessary to the perform2 ance of its responsibilities.

3 ‘‘(f) GIFTS.—The Goals Panel may accept, admin4 ister, and utilize gifts or donations of services, money, or

5 property, whether real or personal, tangible or intangible.

6 ‘‘ADMINISTRATIVE PROVISIONS

7 ‘‘SEC. 11305. (a) MEETINGS.—The Goals Panel shall

8 meet on a regular basis, as necessary, at the call of the

9 Chairperson of the Goals Panel or a majority of its mem10 bers.

11 ‘‘(b) QUORUM.—A majority of the members shall con12 stitute a quorum for the transaction of business.

13 ‘‘(c) VOTING AND FINAL DECISIONS.—

14 ‘‘(1) VOTING.—No individual may vote, or exer15 cise any of the powers of a member, by proxy.

16 ‘‘(2) FINAL DECISIONS.—(A) In making final

17 decisions of the Goals Panel with respect to the ex18 ercise of its duties and powers, the Goals Panel shall

19 operate on the principle of consensus among the

20 members of the Goals Panel.

21 ‘‘(B) Except as otherwise provided in this part,

22 if a vote of the membership of the Goals Panel is re23 quired to reach a final decision with respect to the

24 exercise of its duties and powers, then such final de25 cision shall be made by a three-fourths vote of the
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1 members of the Goals Panel who are present and

2 voting.

3 ‘‘(d) PUBLIC ACCESS.—The Goals Panel shall ensure

4 public access to its proceedings (other than proceedings,

5 or portions of proceedings, relating to internal personnel

6 and management matters) and make available to the pub7 lic, at reasonable cost, transcripts of such proceedings.

8 ‘‘DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS

9 ‘‘SEC. 11306. (a) DIRECTOR.—The Chairperson of

10 the Goals Panel, without regard to the provisions of title

11 5 of the United States Code relating to the appointment

12 and compensation of officers or employees of the United

13 States, shall appoint a Director to be paid at a rate not

14 to exceed the rate of basic pay payable for level V of the

15 Executive Schedule.

16 ‘‘(b) APPOINTMENT AND PAY OF EMPLOYEES.—

17 ‘‘(1) IN GENERAL.—(A) The Director may ap18 point not more than 4 additional employees to serve

19 as staff to the Goals Panel without regard to the

20 provisions of title 5 of the United States Code gov21 erning appointments in the competitive service.

22 ‘‘(B) The employees appointed under subpara23 graph (A) may be paid without regard to the provi24 sions of chapter 51 and subchapter III of chapter 53

25 of that title relating to classification and General

26 Schedule pay rates, but shall not be paid a rate that
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1 exceeds the maximum rate of basic pay payable for

2 GS–15 of the General Schedule.

3 ‘‘(2) ADDITIONAL EMPLOYEES.—The Director

4 may appoint additional employees to serve as staff

5 to the Goals Panel in accordance with title 5 of the

6 United States Code.

7 ‘‘(c) FEDERAL EMPLOYEES.—Any individual ap8 pointed to serve as the Director of, or as staff to, the

9 Goals Panel on or after March 31, 1994, is an ‘employee’

10 within the definition of section 2105 of title 5, United

11 States Code.

12 ‘‘(d) EXPERTS AND CONSULTANTS.—The Goals

13 Panel may procure temporary and intermittent services of

14 experts and consultants under section 3109(b) of title 5

15 of the United States Code.

16 ‘‘(e) STAFF OF FEDERAL AGENCIES.—Upon the re17 quest of the Goals Panel, the head of any department or

18 agency of the United States may detail any of the per19 sonnel of such agency to the Goals Panel to assist the

20 Goals Panel in its duties under this part.

21 ‘‘AUTHORIZATION OF APPROPRIATIONS

22 ‘‘SEC. 11307. For purposes of carrying out this part,

23 there are authorized to be appropriated such sums as may

24 be necessary for fiscal year 2001 and for each of the four

25 succeeding fiscal years.’’.
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1 REPEAL

2 SEC. 1113. Title XII of the ESEA is repealed.

3 TITLE XII—AMENDMENTS TO OTHER LAWS;

4 REPEALS

5 PART A—AMENDMENTS TO OTHER LAWS

6 AMENDMENTS TO THE STEWART B.

7 MC KINNEY HOMELESS ASSISTANCE ACT

8 SEC. 1201. (a) POLICY.—Section 721(3) of the Stew9 art B. McKinney Homeless Assistance Act (42 U.S.C.

10 11421 et seq.; hereinafter referred to in this section as

11 ‘‘the Act’’) is amended by striking out ‘‘should not be’’

12 and inserting in lieu thereof ‘‘is not’’.

13 (b) GRANTS TO STATES FOR STATE AND LOCAL AC14 TIVITIES.—Section 722 of the Act is amended—

15 (1) in subsection (c)—

16 (A) in paragraph (2)(A)—

17 (i) by inserting ‘‘and’’ before ‘‘the

18 Commonwealth of’’; and

19 (ii) by striking out ‘‘and Palau (until

20 the effective date of the Compact of Free

21 Association with the Government of

22 Palau),’’; and

23 (B) in paragraph (3)—

24 (i) by inserting ‘‘and’’ before ‘‘the

25 Commonwealth of’’; and
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1 (ii) by striking out ‘‘, or Palau’’;

2 (2) in subsection (e), by adding at the end

3 thereof the following new paragraph:

4 ‘‘(3) PROHIBITION ON SEGREGATING HOMELESS

5 STUDENTS.—In providing a free, appropriate public

6 education to a homeless child or youth, no State re7 ceiving funds under this subtitle shall segregate such

8 child or youth, either in a separate school, or in a

9 separate program within a school, based on such

10 child or youth’s status as homeless, except in accord11 ance with section 723(a)(2)(B)(ii).’’;

12 (3) in subsection (f)—

13 (A) by striking out paragraph (1);

14 (B) by amending paragraph (4) to read as

15 follows:

16 ‘‘(4) collect and transmit to the Secretary, at

17 such time and in such manner as the Secretary may

18 require, such information as the Secretary deems

19 necessary to assess the educational needs of home20 less children and youth within the State;’’;

21 (C) by amending paragraph (6) to read as

22 follows:

23 ‘‘(6) in order to improve the provision of com24 prehensive education and related services to home-
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1 less children and youth and their families, coordinate

2 and collaborate with—

3 ‘‘(A) educators, including child develop4 ment and preschool program personnel;

5 ‘‘(B) providers of services to homeless and

6 runaway children and youth and homeless fami7 lies (including domestic violence agencies, shel8 ter operators, transitional housing facilities,

9 runaway and homeless youth centers, and tran10 sitional living programs for homeless youth);

11 ‘‘(C) local educational agency liaisons for

12 homeless children and youth; and

13 ‘‘(D) community organizations and groups

14 representing homeless children and youth and

15 their families.’’; and

16 (D) by redesignating paragraphs (2)

17 through (6) as paragraphs (1) through (5), re18 spectively; and

19 (4) in subsection (g)—

20 (A) by amending paragraph (1)(H) to read

21 as follows:

22 ‘‘(H) contain assurances that—

23 ‘‘(i) State and local educational agen24 cies will adopt policies and practices to en25 sure that homeless children and youth are
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1 not segregated on the basis of their status

2 as homeless or stigmatized; and

3 ‘‘(ii) local educational agencies in

4 which homeless children and youth reside

5 or attend school will—

6 ‘‘(I) post public notice of the edu7 cational rights of such children and

8 youth where such children and youth

9 receive services under this Act (such

10 as family shelters, and soup kitchens);

11 and

12 ‘‘(II) designate an appropriate

13 staff person, who may also be a coor14 dinator for other Federal programs,

15 as a liaison for homeless children and

16 youth.’’;

17 (B) by amending paragraph (3)(B) to read

18 as follows:

19 ‘‘(B) In determining the best interest of

20 the child or youth under subparagraph (A), the

21 local educational agency shall—

22 ‘‘(i) to the extent feasible, keep a

23 homeless child or youth in his or her school

24 of origin, except when doing so is contrary
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1 to the wishes of his or her parent or

2 guardian; and

3 ‘‘(ii) provide a written explanation to

4 the homeless child or youth’s parent or

5 guardian when the local educational agency

6 sends such child or youth to a school other

7 than the school of origin or a school re8 quested by the parent or guardian.’’;

9 (C) by amending paragraph (6) to read as

10 follows:

11 ‘‘(6) COORDINATION.—(A) Each local edu12 cational agency serving homeless children and youth

13 that receives assistance under this subtitle shall co14 ordinate the provision of services under this part

15 with local services agencies and other agencies or

16 programs providing services to homeless children

17 and youth and their families, including services and

18 programs funded under the Runaway and Homeless

19 Youth Act.

20 ‘‘(B) Where applicable, each State and local

21 educational agency that receives assistance under

22 this subtitle shall coordinate with State and local

23 housing agencies responsible for developing the com24 prehensive housing affordability strategy described

25 in section 105 of the Cranston-Gonzales National
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1 Affordable Housing Act to minimize educational dis2 ruption for children and youth who become home3 less.

4 ‘‘(C) The coordination required in subpara5 graphs (A) and (B) shall be designed to—

6 ‘‘(i) ensure that homeless children and

7 youth have access to available education and re8 lated support services; and

9 ‘‘(ii) raise the awareness of school per10 sonnel and service providers of the effects of

11 short-term stays in a shelter and other chal12 lenges associated with homeless children and

13 youth.’’;

14 (D) in paragraph (7)(A)—

15 (i) in the matter before clause (i), by

16 striking out ‘‘local educational agency that

17 receives assistance under this subtitle shall

18 designate a homelessness liaison to ensure

19 that’’ and inserting in lieu thereof ‘‘local li20 aison for homeless children and youth, des21 ignated pursuant to subsection

22 (g)(1)(H)(ii)(II), shall ensure that’’;

23 (ii) by amending clause (i) to read as

24 follows:
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1 ‘‘(i) homeless children and youth en2 roll in, and have a full and equal oppor3 tunity to succeed in, schools of that agen4 cy;’’;

5 (iii) in clause (ii), by striking out the

6 period at the end thereof and inserting in

7 lieu thereof a semicolon and ‘‘and’’;

8 (iv) by adding a new clause (iii) to

9 read as follows:

10 ‘‘(iii) the parents or guardians of

11 homeless children and youth are informed

12 of the education and related opportunities

13 available to their children and are provided

14 with meaningful opportunities to partici15 pate in the education of their children.’’;

16 and

17 (v) by adding a new subparagraph (C)

18 to read as follows:

19 ‘‘(C) Local educational agency liaisons for

20 homeless children and youth shall, as a part of

21 their duties, coordinate and collaborate with

22 State coordinators and community and school

23 personnel responsible for the provision of edu24 cation and related services to homeless children

25 and youth.’’; and
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1 (E) by striking out paragraph (9).

2 (c) LOCAL EDUCATIONAL AGENCY GRANTS.—Section

3 723 of the Act is amended—

4 (1) by amending subsection (a)(2) to read as

5 follows:

6 ‘‘(2) SERVICES.—(A) Services under paragraph

7 (1)—

8 ‘‘(i) may be provided through programs on

9 school grounds or at other facilities;

10 ‘‘(ii) shall, to the maximum extent prac11 ticable, be provided through existing programs

12 and mechanisms that integrate homeless indi13 viduals with non-homeless individuals; and

14 ‘‘(iii) shall be designed to expand or im15 prove services provided as part of a school’s

16 regular academic program, but not replace that

17 program.

18 ‘‘(B) Where services under paragraph (1) are

19 provided on school grounds, schools—

20 ‘‘(i) may use funds under this Act to pro21 vide the same services to other children and

22 youth who are determined by the local edu23 cational agency to be at risk of failing in, or

24 dropping out of, schools, subject to the require-
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1 ments of clause (ii) as applied to such other

2 children and youth; and

3 ‘‘(ii) shall not provide services in settings

4 within a school that segregate homeless children

5 and youths from other children and youths, ex6 cept as is necessary for short periods of time—

7 ‘‘(I) because of health and safety

8 emergencies; or

9 ‘‘(II) to provide temporary, special,

10 supplementary services to meet the unique

11 needs of homeless children and youth.’’;

12 and

13 (2) in subsection (b)—

14 (A) by redesignating paragraphs (1)

15 through (4) as paragraphs (2) through (5), re16 spectively; and

17 (B) by adding a new paragraph (1) to read

18 as follows:

19 ‘‘(1) an assessment of the educational and re20 lated needs of homeless children and youth in their

21 district (which may be undertaken as a part of needs

22 assessments for other disadvantaged groups);’’; and

23 (3) in subsection (c)—

24 (A) by amending paragraph (1) to read as

25 follows:
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1 ‘‘(1) IN GENERAL.—The State educational

2 agency shall, in accordance with the requirements of

3 this subtitle and from amounts made available to it

4 under section 726, make competitive subgrants to

5 local educational agencies that submit applications

6 under subsection (b). Such subgrants shall be

7 awarded on the basis of the need of such agencies

8 for assistance under this subtitle and the quality of

9 the applications submitted.’’;

10 (B) by redesignating paragraph (3) as

11 paragraph (4); and

12 (C) by inserting immediately after para13 graph (2) the following new paragraph:

14 ‘‘(3) QUALITY.—In determining the quality of

15 applications under paragraph (1), the State edu16 cational agency shall consider—

17 ‘‘(A) the applicant’s needs assessment

18 under subsection (b)(1) and the likelihood that

19 the program presented in the application will

20 meet those needs;

21 ‘‘(B) the types, intensity, and coordination

22 of the services to be provided under the pro23 gram;

24 ‘‘(C) the involvement of parents or guard25 ians;
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1 ‘‘(D) the extent to which homeless children

2 and youth will be integrated within the regular

3 education program;

4 ‘‘(E) the quality of the applicant’s evalua5 tion plan for the program;

6 ‘‘(F) the extent to which services provided

7 under this subtitle will be coordinated with

8 other available services; and

9 ‘‘(G) such other measures as the State

10 educational agency deems indicative of a high11 quality program.’’.

12 (d) COLLECTION AND DISSEMINATION OF INFORMA13 TION; REPORT.—Section 724 of the Act is amended—

14 (1) by striking out subsection (f); and

15 (2) adding at the end thereof the following new

16 subsections:

17 ‘‘(f) INFORMATION.—(1) From funds appropriated

18 under section 726, the Secretary shall, either directly or

19 through grants, contracts, or cooperative agreements, pe20 riodically collect and disseminate data and information on:

21 ‘‘(A) the number and location of homeless chil22 dren and youth;

23 ‘‘(B) the education and related services such

24 children and youth receive;
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1 ‘‘(C) the extent to which such needs are being

2 met; and

3 ‘‘(D) such other data and information as the

4 Secretary deems necessary and relevant to carry out

5 this subtitle.

6 ‘‘(2) The Secretary shall coordinate such collection

7 and dissemination with the other agencies and entities

8 that receive assistance and administer programs under

9 this subtitle.

10 ‘‘(g) REPORT.—Not later than four years after the

11 date of the enactment of the Educational Excellence for

12 All Children Act of 1999, the Secretary shall prepare and

13 submit to the President and appropriate committees of the

14 House of Representatives and the Senate a report on the

15 status of education of homeless youth and children, which

16 may include information on—

17 ‘‘(1) the education of homeless children and

18 youth; and

19 ‘‘(2) the actions of the Department and the ef20 fectiveness of the programs supported under this

21 subtitle.’’.

22 (e) Section 726 of the Act is amended to read:

23 ‘‘AUTHORIZATION OF APPROPRIATIONS

24 ‘‘SEC. 726. For the purpose of carrying out this sub25 title, there are authorized to be appropriated such sums
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1 as may be necessary for each of the fiscal years 2001

2 through 2005.’’.

3 AMENDMENTS TO OTHER LAWS

4 SEC. 1202. (a) PERKINS ACT.—Section 116(a) of the

5 Carl D. Perkins Vocational and Technical Education Act

6 of 1998 (20 U.S.C. 2326(a)) is amended by striking out

7 paragraph (5).

8 (b) HIGHER EDUCATION ACT OF 1965.—Section

9 317(b)(1) of the Higher Education Act of 1965 (20

10 U.S.C. 1059d(b)(10)) is amended by striking out ‘‘9308’’

11 and inserting in lieu thereof ‘‘9306’’.

12 (c) PRO-CHILDREN ACT OF 1994.—The Pro-Chil13 dren Act of 1994 (20 U.S.C. 6081 et seq.) is amended—

14 (1) in section 1042(2)—

15 (A) by striking out ‘‘education’’; and

16 (B) in subparagraph (A)(i), by striking out

17 ‘‘or the Secretary of Education’’; and

18 (2) in section 1043—

19 (A) in subsection (a), by striking out ‘‘kin20 dergarten, elementary, or secondary education

21 or’’; and

22 (B) in subsection (c)—

23 (i) in paragraph (1)—

24 (I) in the heading thereof, by

25 striking out ‘‘KINDERGARTEN, ELE-
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1 MENTARY, OR SECONDARY EDU2 CATION OR’’; and

3 (II) by striking out kindergarten,

4 elementary, or secondary education

5 or’’; and

6 (ii) in paragraph (3), by striking out

7 ‘‘kindergarten, elementary, or secondary

8 education or’’.

9 PART B—REPEALS

10 REPEALS

11 SEC. 1211. (a) Title XIII of the ESEA is repealed.

12 (b) The Goals 2000: Educate America Act (Public

13 Law 103–227) is amended—

14 (1) by repealing titles I, II, III, IV, VII, and

15 VIII; and

16 (2) in title X, by repealing part B.

17 (b) The Educational Research, Development, Dis18 semination, and Improvement Act of 1994 (title IX of

19 Public Law 103–227) is amended by repealing parts F,

20 G, and H.

21 (c) Title III of the Education for Economic Security

22 Act (20 U.S.C 3901 et seq.) is repealed.

Æ