" ! HOUSE OF REPRESENTATIVES 107TH CONGRESS

1st Session

REPORT

107–334

NO CHILD LEFT BEHIND ACT OF 2001

CONFERENCE REPORT

TO ACCOMPANY

H.R. 1

DECEMBER 13 (legislative day, DECEMBER 12), 2001.—Ordered to be

printed

NO CHILD LEFT BEHIND ACT OF 2001

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1

76–598

" ! HOUSE OF REPRESENTATIVES 107TH CONGRESS

1st Session

REPORT

2001

107–334

NO CHILD LEFT BEHIND ACT OF 2001

CONFERENCE REPORT

TO ACCOMPANY

H.R. 1

DECEMBER 13 (legislative day, DECEMBER 12), 2001.—Ordered to be

printed

107TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 107–334

NO CHILD LEFT BEHIND ACT OF 2001

DECEMBER 13 (legislative day, DECEMBER 12), 2001.—Ordered to be printed

Mr. BOEHNER, from the committee of conference,

submitted the following

CONFERENCE REPORT

[To accompany H.R. 1]

The committee of conference on the disagreeing votes of the

two Houses on the amendment of the Senate to the bill (H.R. 1),

to close the achievement gap with accountability, flexibility, and

choice, so that no child is left behind, having met, after full and

free conference, have agreed to recommend and do recommend to

their respective Houses as follows:

That the House recede from its disagreement to the amendment of the Senate and agree to the same with an amendment as

follows:

In lieu of the matter proposed to be inserted by the Senate

amendment, inserting the following:

SECTION 1. SHORT TITLE.

This title may be cited as the ‘‘No Child Left Behind Act of

2001’’.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. References.

Sec. 4. Transition.

Sec. 5. Effective date.

TITLE I—IMPROVING THE ACADEMIC ACHIEVEMENT OF THE

DISADVANTAGED

Sec. 101. Improving the academic achievement of the disadvantaged.

TITLE II—PREPARING, TRAINING, AND RECRUITING HIGH QUALITY

TEACHERS AND PRINCIPALS

Sec. 201. Teacher and principal training and recruiting fund.

Sec. 202. Continuation of awards.

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TITLE III—LANGUAGE INSTRUCTION FOR LIMITED ENGLISH

PROFICIENT AND IMMIGRANT STUDENTS

Sec. 301. Language instruction for limited English proficient children and immigrant children and youth.

TITLE IV—21ST CENTURY SCHOOLS

Sec. 401. 21st century schools.

TITLE V—PROMOTING INFORMED PARENTAL CHOICE AND

INNOVATIVE PROGRAMS

Sec. 501. Innovative programs and parental choice provisions.

Sec. 502. Continuation of awards.

TITLE VI—FLEXIBILITY AND ACCOUNTABILITY

Sec. 601. Flexibility and accountability.

Sec. 602. Amendment to the National Education Statistics Act of 1994.

TITLE VII—INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE

EDUCATION

Sec. 701. Indians.

Sec. 702. Conforming amendments.

Sec. 703. Savings provisions.

TITLE VIII—IMPACT AID PROGRAM

Sec. 801. Payments relating to Federal acquisition of real property.

Sec. 802. Payments for eligible federally connected children.

Sec. 803. Construction.

Sec. 804. State consideration of payments in providing State aid.

Sec. 805. Authorization of appropriations.

TITLE IX—GENERAL PROVISIONS

Sec. 901. General provisions.

TITLE X—REPEALS, REDESIGNATIONS, AND AMENDMENTS TO OTHER

STATUTES

PART A—REPEALS

Sec. 1011. Repeals.

Sec. 1012. Conforming clerical and technical amendments.

PART B—REDESIGNATIONS

Sec. 1021. Comprehensive Regional Assistance Centers.

Sec. 1022. National Diffusion Network.

Sec. 1023. Eisenhower Regional Mathematics and Science Education Consortia.

Sec. 1024. Technology-based technical assistance.

Sec. 1025. Conforming amendments.

PART C—HOMELESS EDUCATION

Sec. 1031. Short title.

Sec. 1032. Education for homeless children and youths.

Sec. 1033. Conforming amendment.

Sec. 1034. Technical amendment.

PART D—NATIVE AMERICAN EDUCATION IMPROVEMENT

Sec. 1041. Short title.

Sec. 1042. Amendments to the Education Amendments of 1978.

Sec. 1043. Tribally Controlled Schools Act of 1988.

Sec. 1044. Lease payments by the Ojibwa Indian school.

Sec. 1045. Enrollment and general assistance payments.

PART E—HIGHER EDUCATION ACT OF 1965

Sec. 1051. Preparing tomorrow’s teachers to use technology.

Sec. 1052. Continuation of awards.

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PART F—GENERAL EDUCATION PROVISIONS ACT

Sec. 1061. Student privacy, parental access to information, and administration of

certain physical examinations to minors.

Sec. 1062. Technical corrections.

PART G—MISCELLANEOUS OTHER STATUTES

Sec. 1071. Title 5 of the United States Code.

Sec. 1072. Department of Education Organization Act.

Sec. 1073. Education Flexibility Partnership Act of 1999.

Sec. 1074. Educational Research, Development, Dissemination, and Improvement

Act of 1994.

Sec. 1075. National Child Protection Act of 1993.

Sec. 1076. Technical and conforming amendments.

SEC. 3. REFERENCES.

Except as otherwise expressly provided, whenever in this Act an

amendment or repeal is expressed in terms of an amendment to, or

repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Elementary

and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).

SEC. 4. TRANSITION.

(a) MULTI-YEAR AWARDS.—Except as otherwise provided in this

Act, the recipient of a multi-year award under the Elementary and

Secondary Education Act of 1965, as that Act was in effect prior to

the date of enactment of this Act, shall continue to receive funds in

accordance with the terms of that award, except that no additional

funds may be awarded after September 30, 2002.

(b) PLANNING AND TRANSITION.—Notwithstanding any other

provision of law, a recipient of funds under the Elementary and Secondary Education Act of 1965, as that Act was in effect prior to the

date of enactment of this Act, may use funds available to the recipient under that predecessor authority to carry out necessary and reasonable planning and transition activities in order to ensure an orderly implementation of programs authorized by this Act, and the

amendments made by this Act.

(c) ORDERLY TRANSITION.—The Secretary shall take such steps

as are necessary to provide for the orderly transition to, and implementation of, programs authorized by this Act, and by the amendments made by this Act, from programs authorized by the Elementary and Secondary Education Act of 1965, as that Act was in effect

prior to the date of enactment of this Act.

SEC. 5. EFFECTIVE DATE.

(a) IN GENERAL.—Except as otherwise provided in this Act, this

Act, and the amendments made by this Act, shall be effective upon

the date of enactment of this Act.

(b) NONCOMPETITIVE PROGRAMS.—With respect to noncompetitive programs under which any funds are allotted by the Secretary

of Education to recipients on the basis of a formula, this Act, and

the amendments made by this Act, shall take effect on July 1, 2002.

(c) COMPETITIVE PROGRAMS.—With respect to programs that are

conducted by the Secretary on a competitive basis, this Act, and the

amendments made by this Act, shall take effect with respect to appropriations for use under those programs for fiscal year 2002.

(d) IMPACT AID.—With respect to title VIII (Impact Aid), this

Act, and the amendments made by this Act, shall take effect with

respect to appropriations for use under that title for fiscal year

2002.

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SEC. 6. TABLE OF CONTENTS OF ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965.

The Act is amended—

(1) in the heading of section 1, by striking ‘‘TABLE OF

CONTENTS’’ and inserting ‘‘SHORT TITLE’’; and

(2) by adding after section 1 the following new section:

‘‘SEC. 2. TABLE OF CONTENTS.

‘‘The table of contents for this Act is as follows:

‘‘Sec. 1. Short title.

‘‘Sec. 2. Table of contents.

‘‘TITLE I—IMPROVING THE ACADEMIC

ACHIEVEMENT OF THE DISADVANTAGED

‘‘Sec. 1001. Statement of purpose.

‘‘Sec. 1002. Authorization of appropriations.

‘‘Sec. 1003. School improvement.

‘‘Sec. 1004. State administration.

‘‘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. 1116. Academic assessment and local educational agency and school improvement.

‘‘Sec. 1117. School support and recognition.

‘‘Sec. 1118. Parental involvement.

‘‘Sec. 1119. Qualifications for teachers and paraprofessionals.

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

‘‘Sec. 1120A. Fiscal requirements.

‘‘Sec. 1120B. 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 grants to local educational agencies.

‘‘Sec. 1125AA. Adequacy of funding of targeted grants to local educational agencies

in fiscal years after fiscal year 2001.

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

‘‘Sec. 1126. Special allocation procedures.

‘‘Sec. 1127. Carryover and waiver.

‘‘PART B—STUDENT READING SKILLS IMPROVEMENT GRANTS

‘‘Subpart 1—Reading First

‘‘Sec. 1201. Purposes.

‘‘Sec. 1202. Formula grants to State educational agencies.

‘‘Sec. 1203. State formula grant applications.

‘‘Sec. 1204. Targeted assistance grants.

‘‘Sec. 1205. External evaluation.

‘‘Sec. 1206. National activities.

‘‘Sec. 1207. Information dissemination.

‘‘Sec. 1208. Definitions.

‘‘Subpart 2—Early Reading First

‘‘Sec. 1221. Purposes; definitions.

‘‘Sec. 1222. Local early reading first grants.

5

‘‘Sec. 1223. Federal administration.

‘‘Sec. 1224. Information dissemination.

‘‘Sec. 1225. Reporting requirements.

‘‘Sec. 1226. Evaluation.

‘‘Subpart 3—William F. Goodling Even Start Family Literacy Programs

‘‘Sec. 1231. Statement of purpose.

‘‘Sec. 1232. Program authorized.

‘‘Sec. 1233. State educational agency programs.

‘‘Sec. 1234. Uses of funds.

‘‘Sec. 1235. Program elements.

‘‘Sec. 1236. Eligible participants.

‘‘Sec. 1237. Applications.

‘‘Sec. 1238. Award of subgrants.

‘‘Sec. 1239. Evaluation.

‘‘Sec. 1240. Indicators of program quality.

‘‘Sec. 1241. Research.

‘‘Sec. 1242. Construction.

‘‘Subpart 4—Improving Literacy Through School Libraries

‘‘Sec. 1251. Improving literacy through school libraries.

‘‘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. Comprehensive needs assessment and service-delivery plan; authorized

activities. ‘‘Sec. 1307. Bypass.

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

‘‘Sec. 1309. Definitions.

‘‘PART D—PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND YOUTH WHO ARE NEGLECTED, DELINQUENT, OR AT-RISK

‘‘Sec. 1401. Purpose and program authorization.

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

‘‘Subpart 1—State Agency Programs

‘‘Sec. 1411. Eligibility.

‘‘Sec. 1412. Allocation of funds.

‘‘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.

‘‘Sec. 1419. Evaluation; technical assistance; annual model program.

‘‘Subpart 2—Local Agency Programs

‘‘Sec. 1421. Purpose.

‘‘Sec. 1422. Programs operated by local educational agencies.

‘‘Sec. 1423. Local educational agency applications.

‘‘Sec. 1424. Uses of funds.

‘‘Sec. 1425. Program requirements for correctional facilities receiving funds under

this section.

‘‘Sec. 1426. Accountability.

‘‘Subpart 3—General Provisions

‘‘Sec. 1431. Program evaluations.

‘‘Sec. 1432. Definitions.

‘‘PART E—NATIONAL ASSESSMENT OF TITLE I

‘‘Sec. 1501. Evaluations.

‘‘Sec. 1502. Demonstrations of innovative practices.

‘‘Sec. 1503. Assessment evaluation.

‘‘Sec. 1504. Close up fellowship program.

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‘‘PART F—COMPREHENSIVE SCHOOL REFORM

‘‘Sec. 1601. Purpose.

‘‘Sec. 1602. Program authorization.

‘‘Sec. 1603. State applications.

‘‘Sec. 1604. State use of funds.

‘‘Sec. 1605. Local applications.

‘‘Sec. 1606. Local use of funds.

‘‘Sec. 1607. Evaluation and reports.

‘‘Sec. 1608. Quality initiatives.

‘‘PART G—ADVANCED PLACEMENT PROGRAMS

‘‘Sec. 1701. Short title.

‘‘Sec. 1702. Purposes.

‘‘Sec. 1703. Funding distribution rule.

‘‘Sec. 1704. Advanced placement test fee program.

‘‘Sec. 1705. Advanced placement incentive program grants.

‘‘Sec. 1706. Supplement, not supplant.

‘‘Sec. 1707. Definitions.

‘‘Sec. 1708. Authorization of appropriations.

‘‘PART H—SCHOOL DROPOUT PREVENTION

‘‘Sec. 1801. Short title.

‘‘Sec. 1802. Purpose.

‘‘Sec. 1803. Authorization of appropriations.

‘‘Subpart 1—Coordinated National Strategy

‘‘Sec. 1811. National activities.

‘‘Subpart 2—School Dropout Prevention Initiative

‘‘Sec. 1821. Definitions.

‘‘Sec. 1822. Program authorized.

‘‘Sec. 1823. Applications.

‘‘Sec. 1824. State reservation.

‘‘Sec. 1825. Strategies and capacity building.

‘‘Sec. 1826. Selection of local educational agencies for subgrants.

‘‘Sec. 1827. Community based organizations.

‘‘Sec. 1828. Technical assistance.

‘‘Sec. 1829. School dropout rate calculation.

‘‘Sec. 1830. Reporting and accountability.

‘‘PART I—GENERAL PROVISIONS

‘‘Sec. 1901. Federal regulations.

‘‘Sec. 1902. Agreements and records.

‘‘Sec. 1903. State administration.

‘‘Sec. 1904. Local educational agency spending audits.

‘‘Sec. 1905. Prohibition against Federal mandates, direction, or control.

‘‘Sec. 1906. Rule of construction on equalized spending.

‘‘Sec. 1907. State report on dropout data.

‘‘Sec. 1908. Regulations for sections 1111 and 1116.

‘‘TITLE II—PREPARING, TRAINING, AND RECRUITING HIGH QUALITY TEACHERS AND

PRINCIPALS

‘‘PART A—TEACHER AND PRINCIPAL TRAINING AND RECRUITING

FUND

‘‘Sec. 2101. Purpose.

‘‘Sec. 2102. Definitions.

‘‘Sec. 2103. Authorizations of appropriations.

‘‘Subpart 1—Grants to States

‘‘Sec. 2111. Allotments to States.

‘‘Sec. 2112. State applications.

‘‘Sec. 2113. State use of funds.

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‘‘Subpart 2—Subgrants to Local Educational Agencies

‘‘Sec. 2121. Allocations to local educational agencies.

‘‘Sec. 2122. Local applications and needs assessment.

‘‘Sec. 2123. Local use of funds.

‘‘Subpart 3—Subgrants to Eligible Partnerships

‘‘Sec. 2131. Definitions.

‘‘Sec. 2132. Subgrants.

‘‘Sec. 2133. Applications.

‘‘Sec. 2134. Use of funds.

‘‘Subpart 4—Accountability

‘‘Sec. 2141. Technical assistance and accountability.

‘‘Subpart 5—National Activities

‘‘Sec. 2151. National activities of demonstrated effectiveness.

‘‘PART B—MATHEMATICS AND SCIENCE PARTNERSHIPS

‘‘Sec. 2201. Purpose; definitions.

‘‘Sec. 2202. Grants for mathematics and science partnerships.

‘‘Sec. 2203. Authorization of appropriations.

‘‘PART C—INNOVATION FOR TEACHER QUALITY

‘‘Subpart 1—Transitions to Teaching

‘‘CHAPTER A—TROOPS-TO-TEACHERS PROGRAM

‘‘Sec. 2301. Definitions.

‘‘Sec. 2302. Authorization of Troops-to-Teachers Program.

‘‘Sec. 2303. Recruitment and selection of program participants.

‘‘Sec. 2304. Participation agreement and financial assistance.

‘‘Sec. 2305. Participation by States.

‘‘Sec. 2306. Support of innovative preretirement teacher certification programs.

‘‘Sec. 2307. Reporting requirements.

‘‘CHAPTER B—TRANSITION TO TEACHING PROGRAM

‘‘Sec. 2311. Purposes.

‘‘Sec. 2312. Definitions.

‘‘Sec. 2313. Grant program.

‘‘Sec. 2314. Evaluation and accountability for recruiting and retaining teachers.

‘‘CHAPTER C—GENERAL PROVISIONS

‘‘Sec. 2321. Authorization of appropriations.

‘‘Subpart 2—National Writing Project

‘‘Sec. 2331. Purposes.

‘‘Sec. 2332. National Writing Project.

‘‘Subpart 3—Civic Education

‘‘Sec. 2341. Short title.

‘‘Sec. 2342. Purpose.

‘‘Sec. 2343. General authority.

‘‘Sec. 2344. We the People program.

‘‘Sec. 2345. Cooperative civic education and economic education exchange programs.

‘‘Sec. 2346. Authorization of appropriations.

‘‘Subpart 4—Teaching of Traditional American History

‘‘Sec. 2351. Establishment of program.

‘‘Sec. 2352. Authorization of appropriations.

‘‘Subpart 5—Teacher Liability Protection

‘‘Sec. 2361. Short title.

‘‘Sec. 2362. Purpose.

‘‘Sec. 2363. Definitions.

‘‘Sec. 2364. Applicability.

‘‘Sec. 2365. Preemption and election of State nonapplicability.

8

‘‘Sec. 2366. Limitation on liability for teachers.

‘‘Sec. 2367. Allocation of responsibility for noneconomic loss.

‘‘Sec. 2368. Effective date.

‘‘PART D—ENHANCING EDUCATION THROUGH TECHNOLOGY

‘‘Sec. 2401. Short title.

‘‘Sec. 2402. Purposes and goals.

‘‘Sec. 2403. Definitions.

‘‘Sec. 2404. Authorization of appropriations.

‘‘Subpart 1—State and Local Technology Grants

‘‘Sec. 2411. Allotment and reallotment.

‘‘Sec. 2412. Use of allotment by State.

‘‘Sec. 2413. State applications.

‘‘Sec. 2414. Local applications.

‘‘Sec. 2415. State activities.

‘‘Sec. 2416. Local activities.

‘‘Subpart 2—National Technology Activities

‘‘Sec. 2421. National activities.

‘‘Sec. 2422. National education technology plan.

‘‘Subpart 3—Ready-to-Learn Television

‘‘Sec. 2431. Ready-to-Learn Television.

‘‘Subpart 4—Limitation on Availability of Certain Funds for Schools

‘‘Sec. 2441. Internet safety.

‘‘TITLE III—LANGUAGE INSTRUCTION FOR LIMITED ENGLISH PROFICIENT AND IMMIGRANT

STUDENTS

‘‘Sec. 3001. Authorizations of appropriations; condition on effectiveness of parts.

‘‘PART A—ENGLISH LANGUAGE ACQUISITION, LANGUAGE

ENHANCEMENT, AND ACADEMIC ACHIEVEMENT ACT

‘‘Sec. 3101. Short title.

‘‘Sec. 3102. Purposes.

‘‘Subpart 1—Grants and Subgrants for English Language Acquisition and

Language Enhancement

‘‘Sec. 3111. Formula grants to States.

‘‘Sec. 3112. Native American and Alaska Native children in school.

‘‘Sec. 3113. State and specially qualified agency plans.

‘‘Sec. 3114. Within-State allocations.

‘‘Sec. 3115. Subgrants to eligible entities.

‘‘Sec. 3116. Local plans.

‘‘Subpart 2—Accountability and Administration

‘‘Sec. 3121. Evaluations.

‘‘Sec. 3122. Achievement objectives and accountability.

‘‘Sec. 3123. Reporting requirements.

‘‘Sec. 3124. Coordination with related programs.

‘‘Sec. 3125. Rules of construction.

‘‘Sec. 3126. Legal authority under State law.

‘‘Sec. 3127. Civil rights.

‘‘Sec. 3128. Programs for Native Americans and Puerto Rico.

‘‘Sec. 3129. Prohibition.

‘‘Subpart 3—National Activities

‘‘Sec. 3131. National professional development project.

‘‘Subpart 4—Definitions

‘‘Sec. 3141. Eligible entity.

9

‘‘PART B—IMPROVING LANGUAGE INSTRUCTION EDUCATIONAL

PROGRAMS

‘‘Sec. 3201. Short title.

‘‘Sec. 3202. Purpose.

‘‘Sec. 3203. Native American children in school.

‘‘Sec. 3204. Residents of the territories and freely associated states.

‘‘Subpart 1—Program Development and Enhancement

‘‘Sec. 3211. Financial assistance for language instruction educational programs.

‘‘Sec. 3212. Program enhancement activities.

‘‘Sec. 3213. Comprehensive school and systemwide improvement activities.

‘‘Sec. 3214. Applications.

‘‘Sec. 3215. Capacity building.

‘‘Sec. 3216. Programs for Native Americans and Puerto Rico.

‘‘Sec. 3217. Evaluations.

‘‘Sec. 3218. Construction.

‘‘Subpart 2—Research, Evaluation, and Dissemination

‘‘Sec. 3221. Authority.

‘‘Sec. 3222. Research.

‘‘Sec. 3223. Academic excellence awards.

‘‘Sec. 3224. State grant program.

‘‘Sec. 3225. Instruction materials development.

‘‘Subpart 3—Professional Development

‘‘Sec. 3231. Professional development grants.

‘‘Subpart 4—Emergency Immigrant Education Program

‘‘Sec. 3241. Purpose.

‘‘Sec. 3242. State administrative costs.

‘‘Sec. 3243. Withholding.

‘‘Sec. 3244. State allotments.

‘‘Sec. 3245. State applications.

‘‘Sec. 3246. Administrative provisions.

‘‘Sec. 3247. Uses of funds.

‘‘Sec. 3248. Reports.

‘‘Subpart 5—Administration

‘‘Sec. 3251. Release time.

‘‘Sec. 3252. Notification.

‘‘Sec. 3253. Coordination and reporting requirements.

‘‘PART C—GENERAL PROVISIONS

‘‘Sec. 3301. Definitions.

‘‘Sec. 3302. Parental notification.

‘‘Sec. 3303. National Clearinghouse.

‘‘Sec. 3304. Regulations.

‘‘TITLE IV—21ST CENTURY SCHOOLS

‘‘PART A—SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES

‘‘Sec. 4001. Short title.

‘‘Sec. 4002. Purpose.

‘‘Sec. 4003. Authorization of appropriations.

‘‘Subpart 1—State Grants

‘‘Sec. 4111. Reservations and allotments.

‘‘Sec. 4112. Reservation of State funds for safe and drug-free schools.

‘‘Sec. 4113. State application.

‘‘Sec. 4114. Local educational agency program.

‘‘Sec. 4115. Authorized activities.

‘‘Sec. 4116. Reporting.

‘‘Sec. 4117. Programs for Native Hawaiians.

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‘‘Subpart 2—National Programs

‘‘Sec. 4121. Federal activities.

‘‘Sec. 4122. Impact evaluation.

‘‘Sec. 4123. Hate crime prevention.

‘‘Sec. 4124. Safe and Drug-Free Schools and Communities Advisory Committee.

‘‘Sec. 4125. National coordinator program.

‘‘Sec. 4126. Community service grant program.

‘‘Sec. 4127. School Security Technology and Resource Center.

‘‘Sec. 4128. National Center for School and Youth Safety.

‘‘Sec. 4129. Grants to reduce alcohol abuse.

‘‘Sec. 4130. Mentoring programs.

‘‘Subpart 3—Gun Possession

‘‘Sec. 4141. Gun-free requirements.

‘‘Subpart 4—General Provisions

‘‘Sec. 4151. Definitions.

‘‘Sec. 4152. Message and materials.

‘‘Sec. 4153. Parental consent.

‘‘Sec. 4154. Prohibited uses of funds.

‘‘Sec. 4155. Transfer of school disciplinary records.

‘‘PART B—21ST CENTURY COMMUNITY LEARNING CENTERS

‘‘Sec. 4201. Purpose; definitions.

‘‘Sec. 4202. Allotments to States.

‘‘Sec. 4203. State application.

‘‘Sec. 4204. Local competitive grant program.

‘‘Sec. 4205. Local activities.

‘‘Sec. 4206. Authorization of appropriations.

‘‘PART C—ENVIRONMENTAL TOBACCO SMOKE

‘‘Sec. 4301. Short title.

‘‘Sec. 4302. Definitions.

‘‘Sec. 4303. Nonsmoking policy for children’s services.

‘‘Sec. 4304. Preemption.

‘‘TITLE V—PROMOTING INFORMED PARENTAL

CHOICE AND INNOVATIVE PROGRAMS

‘‘PART A—INNOVATIVE PROGRAMS

‘‘Sec. 5101. Purposes, State and local responsibility.

‘‘Subpart 1—State and Local Programs

‘‘Sec. 5111. Allotment to States.

‘‘Sec. 5112. Allocation to local educational agencies.

‘‘Subpart 2—State Programs

‘‘Sec. 5121. State uses of funds.

‘‘Sec. 5122. State applications.

‘‘Subpart 3—Local Innovative Education Programs

‘‘Sec. 5131. Local uses of funds.

‘‘Sec. 5132. Administrative authority.

‘‘Sec. 5133. Local applications.

‘‘Subpart 4—General Provisions

‘‘Sec. 5141. Maintenance of effort.

‘‘Sec. 5142. Participation of children enrolled in private schools.

‘‘Sec. 5143. Federal administration.

‘‘Sec. 5144. Supplement, not supplant.

‘‘Sec. 5145. Definitions.

‘‘Sec. 5146. Authorization of appropriations.

11

‘‘PART B—PUBLIC CHARTER SCHOOLS

‘‘Subpart 1—Charter School Programs

‘‘Sec. 5201. Purpose.

‘‘Sec. 5202. Program authorized.

‘‘Sec. 5203. Applications.

‘‘Sec. 5204. Administration.

‘‘Sec. 5205. National activities.

‘‘Sec. 5206. Federal formula allocation during first year and for successive enrollment expansions. ‘‘Sec. 5207. Solicitation of input from charter school operators.

‘‘Sec. 5208. Records transfer.

‘‘Sec. 5209. Paperwork reduction.

‘‘Sec. 5210. Definitions.

‘‘Sec. 5211. Authorization of appropriations.

‘‘Subpart 2—Credit Enhancement Initiatives To Assist Charter School

Facility Acquisition, Construction, and Renovation

‘‘Sec. 5221. Purpose.

‘‘Sec. 5222. Grants to eligible entities.

‘‘Sec. 5223. Applications.

‘‘Sec. 5224. Charter school objectives.

‘‘Sec. 5225. Reserve account.

‘‘Sec. 5226. Limitation on administrative costs.

‘‘Sec. 5227. Audits and reports.

‘‘Sec. 5228. No full faith and credit for grantee obligations.

‘‘Sec. 5229. Recovery of funds.

‘‘Sec. 5230. Definitions.

‘‘Sec. 5231. Authorization of appropriations.

‘‘Subpart 3—Voluntary Public School Choice Programs

‘‘Sec. 5241. Grants.

‘‘Sec. 5242. Uses of funds.

‘‘Sec. 5243. Applications.

‘‘Sec. 5244. Priorities.

‘‘Sec. 5245. Requirements and voluntary participation.

‘‘Sec. 5246. Evaluations.

‘‘Sec. 5247. Definitions.

‘‘Sec. 5248. Authorization of appropriations.

‘‘PART C—MAGNET SCHOOLS ASSISTANCE

‘‘Sec. 5301. Findings and purpose.

‘‘Sec. 5302. Definition.

‘‘Sec. 5303. Program authorized.

‘‘Sec. 5304. Eligibility.

‘‘Sec. 5305. Applications and requirements.

‘‘Sec. 5306. Priority.

‘‘Sec. 5307. Use of funds.

‘‘Sec. 5308. Prohibition.

‘‘Sec. 5309. Limitations.

‘‘Sec. 5310. Evaluations.

‘‘Sec. 5311. Authorization of appropriations; reservation.

‘‘PART D—FUND FOR THE IMPROVEMENT OF EDUCATION

‘‘Sec. 5401. Authorization of appropriations.

‘‘Subpart 1—Fund for the Improvement of Education

‘‘Sec. 5411. Programs authorized.

‘‘Sec. 5412. Applications.

‘‘Sec. 5413. Program requirements.

‘‘Sec. 5414. Studies of national significance.

‘‘Subpart 2—Elementary and Secondary School Counseling Programs

‘‘Sec. 5421. Elementary and secondary school counseling programs.

‘‘Subpart 3—Partnerships in Character Education

‘‘Sec. 5431. Partnerships in Character Education program.

12

‘‘Subpart 4—Smaller Learning Communities

‘‘Sec. 5441. Smaller Learning Communities.

‘‘Subpart 5—Reading Is Fundamental—Inexpensive Book Distribution

Program

‘‘Sec. 5451. Inexpensive book distribution program for reading motivation.

‘‘Subpart 6—Gifted and Talented Students

‘‘Sec. 5461. Short title.

‘‘Sec. 5462. Purpose.

‘‘Sec. 5463. Rule of construction.

‘‘Sec. 5464. Authorized programs.

‘‘Sec. 5465. Program priorities.

‘‘Sec. 5466. General provisions.

‘‘Subpart 7—Star Schools Program

‘‘Sec. 5471. Short title.

‘‘Sec. 5472. Purposes.

‘‘Sec. 5473. Grant program authorized.

‘‘Sec. 5474. Applications.

‘‘Sec. 5475. Other grant assistance.

‘‘Sec. 5476. Administrative provisions.

‘‘Sec. 5477. Definitions.

‘‘Subpart 8—Ready to Teach

‘‘Sec. 5481. Grants.

‘‘Sec. 5482. Application required.

‘‘Sec. 5483. Reports and evaluation.

‘‘Sec. 5484. Digital educational programming grants.

‘‘Sec. 5485. Administrative costs.

‘‘Subpart 9—Foreign Language Assistance Program

‘‘Sec. 5491. Short title.

‘‘Sec. 5492. Program authorized.

‘‘Sec. 5493. Applications.

‘‘Sec. 5494. Elementary school foreign language incentive program.

‘‘Subpart 10—Physical Education

‘‘Sec. 5501. Short title.

‘‘Sec. 5502. Purpose.

‘‘Sec. 5503. Program authorized.

‘‘Sec. 5504. Applications.

‘‘Sec. 5505. Requirements.

‘‘Sec. 5506. Administrative provisions.

‘‘Sec. 5507. Supplement, not supplant.

‘‘Subpart 11—Community Technology Centers

‘‘Sec. 5511. Purpose and program authorization.

‘‘Sec. 5512. Eligibility and application requirements.

‘‘Sec. 5513. Uses of funds.

‘‘Subpart 12—Educational, Cultural, Apprenticeship, and Exchange Programs for Alaska Natives, Native Hawaiians, and Their Historical Whaling and Trading Partners in Massachusetts

‘‘Sec. 5521. Short title.

‘‘Sec. 5522. Findings and purposes.

‘‘Sec. 5523. Program authorization.

‘‘Sec. 5524. Administrative provisions.

‘‘Sec. 5525. Availability of funds.

‘‘Sec. 5526. Definitions.

‘‘Subpart 13—Excellence in Economic Education

‘‘Sec. 5531. Short title.

‘‘Sec. 5532. Purpose and goals.

‘‘Sec. 5533. Grant program authorized.

‘‘Sec. 5534. Applications.

13

‘‘Sec. 5535. Requirements.

‘‘Sec. 5536. Administrative provisions.

‘‘Sec. 5537. Supplement, not supplant.

‘‘Subpart 14—Grants to Improve the Mental Health of Children

‘‘Sec. 5541. Grants for the integration of schools and mental health systems.

‘‘Sec. 5542. Promotion of school readiness through early childhood emotional and social development.

‘‘Subpart 15—Arts in Education

‘‘Sec. 5551. Assistance for arts education.

‘‘Subpart 16—Parental Assistance and Local Family Information Centers

‘‘Sec. 5561. Purposes.

‘‘Sec. 5562. Grants authorized.

‘‘Sec. 5563. Applications.

‘‘Sec. 5564. Uses of funds.

‘‘Sec. 5565. Administrative provisions.

‘‘Sec. 5566. Local family information centers.

‘‘Subpart 17—Combatting Domestic Violence

‘‘Sec. 5571. Grants to combat the impact of experiencing or witnessing domestic violence on elementary and secondary school children.

‘‘Subpart 18—Healthy, High-Performance Schools

‘‘Sec. 5581. Grant program authorized.

‘‘Sec. 5582. State uses of funds.

‘‘Sec. 5583. Local uses of funds.

‘‘Sec. 5584. Report to Congress.

‘‘Sec. 5585. Limitations.

‘‘Sec. 5586. Healthy, high-performance school building defined.

‘‘Subpart 19—Grants for Capital Expenses of Providing Equitable Services

for Private School Students

‘‘Sec. 5591. Grant program authorized.

‘‘Sec. 5592. Uses of funds.

‘‘Sec. 5593. Allotments to States.

‘‘Sec. 5594. Subgrants to local educational agencies.

‘‘Sec. 5595. Capital expenses defined.

‘‘Sec. 5596. mination.

‘‘Subpart 20—Additional Assistance for Certain Local Educational Agencies

Impacted by Federal Property Acquisition

‘‘Sec. 5601. Reservation.

‘‘Sec. 5602. Eligibility.

‘‘Sec. 5603. Maximum amount.

‘‘Subpart 21—Women’s Educational Equity Act

‘‘Sec. 5611. Short title and findings.

‘‘Sec. 5612. Statement of purposes.

‘‘Sec. 5613. Programs authorized.

‘‘Sec. 5614. Applications.

‘‘Sec. 5615. Criteria and priorities.

‘‘Sec. 5616. Report.

‘‘Sec. 5617. Administration.

‘‘Sec. 5618. Amount.

‘‘TITLE VI—FLEXIBILITY AND

ACCOUNTABILITY

‘‘PART A—IMPROVING ACADEMIC ACHIEVEMENT

‘‘Subpart 1—Accountability

‘‘Sec. 6111. Grants for State assessments and related activities.

‘‘Sec. 6112. Grants for enhanced assessment instruments.

‘‘Sec. 6113. Funding.

14

‘‘Subpart 2—Funding Transferability for State and Local Educational

Agencies

‘‘Sec. 6121. Short title.

‘‘Sec. 6122. Purpose.

‘‘Sec. 6123. Transferability of funds.

‘‘Subpart 3—State and Local Flexibility Demonstration

‘‘Sec. 6131. Short title.

‘‘Sec. 6132. Purpose.

‘‘Sec. 6133. General provision.

‘‘CHAPTER A—STATE FLEXIBILITY AUTHORITY

‘‘Sec. 6141. State flexibility.

‘‘Sec. 6142. Consolidation and use of funds.

‘‘Sec. 6143. Performance review and penalties.

‘‘Sec. 6144. Renewal of grant of flexibility authority.

‘‘CHAPTER B—LOCAL FLEXIBILITY DEMONSTRATION

‘‘Sec. 6151. Local flexibility demonstration agreements.

‘‘Sec. 6152. Consolidation and use of funds.

‘‘Sec. 6153. Limitations on administrative expenditures.

‘‘Sec. 6154. Performance review and penalties.

‘‘Sec. 6155. Renewal of local flexibility demonstration agreement.

‘‘Sec. 6156. Reports.

‘‘Subpart 4—State Accountability for Adequate Yearly Progress

‘‘Sec. 6161. Accountability for adequate yearly progress.

‘‘Sec. 6162. Peer review.

‘‘Sec. 6163. Technical assistance.

‘‘Sec. 6164. Report to Congress.

‘‘PART B—RURAL EDUCATION INITIATIVE

‘‘Sec. 6201. Short title.

‘‘Sec. 6202. Purpose.

‘‘Subpart 1—Small, Rural School Achievement Program

‘‘Sec. 6211. Use of applicable funding.

‘‘Sec. 6212. Grant program authorized.

‘‘Sec. 6213. Accountability.

‘‘Subpart 2—Rural and Low-Income School Program

‘‘Sec. 6221. Program authorized.

‘‘Sec. 6222. Uses of funds.

‘‘Sec. 6223. Applications.

‘‘Sec. 6224. Accountability.

‘‘Subpart 3—General Provisions

‘‘Sec. 6231. Annual average daily attendance determination.

‘‘Sec. 6232. Supplement, not supplant.

‘‘Sec. 6233. Rule of construction.

‘‘Sec. 6234. Authorization of appropriations.

‘‘PART C—GENERAL PROVISIONS

‘‘Sec. 6301. Prohibition against Federal mandates, direction, or control.

‘‘Sec. 6302. Rule of construction on equalized spending.

‘‘TITLE VII—INDIAN, NATIVE HAWAIIAN, AND

ALASKA NATIVE EDUCATION

‘‘PART A—INDIAN EDUCATION

‘‘Sec. 7101. Statement of policy.

‘‘Sec. 7102. Purpose.

‘‘Subpart 1—Formula Grants to Local Educational Agencies

‘‘Sec. 7111. Purpose.

15

‘‘Sec. 7112. Grants to local educational agencies and tribes.

‘‘Sec. 7113. Amount of grants.

‘‘Sec. 7114. Applications.

‘‘Sec. 7115. Authorized services and activities.

‘‘Sec. 7116. Integration of services authorized.

‘‘Sec. 7117. Student eligibility forms.

‘‘Sec. 7118. Payments.

‘‘Sec. 7119. State educational agency review.

‘‘Subpart 2—Special Programs and Projects To Improve Educational

Opportunities for Indian Children

‘‘Sec. 7121. Improvement of educational opportunities for Indian children.

‘‘Sec. 7122. Professional development for teachers and education professionals.

‘‘Subpart 3—National Activities

‘‘Sec. 7131. National research activities.

‘‘Sec. 7132. In-service training for teachers of Indian children.

‘‘Sec. 7133. Fellowships for Indian students.

‘‘Sec. 7134. Gifted and talented Indian students.

‘‘Sec. 7135. Grants to tribes for education administrative planning and development.

‘‘Sec. 7136. Improvement of educational opportunities for adult Indians.

‘‘Subpart 4—Federal Administration

‘‘Sec. 7141. National Advisory Council on Indian Education.

‘‘Sec. 7142. Peer review.

‘‘Sec. 7143. Preference for Indian applicants.

‘‘Sec. 7144. Minimum grant criteria.

‘‘Subpart 5—Definitions; Authorizations of Appropriations

‘‘Sec. 7151. Definitions.

‘‘Sec. 7152. Authorizations of appropriations.

‘‘PART B—NATIVE HAWAIIAN EDUCATION

‘‘Sec. 7201. Short title.

‘‘Sec. 7202. Findings.

‘‘Sec. 7203. Purposes.

‘‘Sec. 7204. Native Hawaiian Education Council and island councils.

‘‘Sec. 7205. Program authorized.

‘‘Sec. 7206. Administrative provisions.

‘‘Sec. 7207. Definitions.

‘‘PART C—ALASKA NATIVE EDUCATION

‘‘Sec. 7301. Short title.

‘‘Sec. 7302. Findings.

‘‘Sec. 7303. Purposes.

‘‘Sec. 7304. Program authorized.

‘‘Sec. 7305. Administrative provisions.

‘‘Sec. 7306. Definitions.

‘‘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. Policies and procedures relating to children residing on Indian lands.

‘‘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.

16

‘‘TITLE IX—GENERAL PROVISIONS

‘‘PART A—DEFINITIONS

‘‘Sec. 9101. Definitions.

‘‘Sec. 9102. Applicability of title.

‘‘Sec. 9103. Applicability to Bureau of Indian Affairs operated schools.

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

FUNDS

‘‘Sec. 9201. Consolidation of State administrative funds for elementary and secondary education programs.

‘‘Sec. 9202. Single local educational agency States.

‘‘Sec. 9203. Consolidation of funds for local administration.

‘‘Sec. 9204. Consolidated set-aside for Department of the Interior funds.

‘‘PART C—COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND

LOCAL PLANS AND APPLICATIONS

‘‘Sec. 9301. Purpose.

‘‘Sec. 9302. Optional consolidated State plans or applications.

‘‘Sec. 9303. Consolidated reporting.

‘‘Sec. 9304. General applicability of State educational agency assurances.

‘‘Sec. 9305. Consolidated local plans or applications.

‘‘Sec. 9306. Other general assurances.

‘‘PART D—WAIVERS

‘‘Sec. 9401. Waivers of statutory and regulatory requirements.

‘‘PART E—UNIFORM PROVISIONS

‘‘Subpart 1—Private Schools

‘‘Sec. 9501. Participation by private school children and teachers.

‘‘Sec. 9502. Standards for by-pass.

‘‘Sec. 9503. Complaint process for participation of private school children.

‘‘Sec. 9504. By-pass determination process.

‘‘Sec. 9505. Prohibition against funds for religious worship or instruction.

‘‘Sec. 9506. Private, religious, and home schools.

‘‘Subpart 2—Other Provisions

‘‘Sec. 9521. Maintenance of effort.

‘‘Sec. 9522. Prohibition regarding State aid.

‘‘Sec. 9523. Privacy of assessment results.

‘‘Sec. 9524. School prayer.

‘‘Sec. 9525. Equal access to public school facilities.

‘‘Sec. 9526. General prohibitions.

‘‘Sec. 9527. Prohibitions on Federal Government and use of Federal funds.

‘‘Sec. 9528. Armed forces recruiter access to students and student recruiting information.

‘‘Sec. 9529. Prohibition on federally sponsored testing.

‘‘Sec. 9530. Limitations on national testing or certification for teachers.

‘‘Sec. 9531. Prohibition on nationwide database.

‘‘Sec. 9532. Unsafe school choice option.

‘‘Sec. 9533. Prohibition on discrimination.

‘‘Sec. 9534. Civil rights.

‘‘Sec. 9535. Rulemaking.

‘‘Sec. 9536. Severability.

‘‘PART F—EVALUATIONS

‘‘Sec. 9601. Evaluations.’’.

17

TITLE I—IMPROVING THE ACADEMIC

ACHIEVEMENT OF THE DISADVANTAGED

SEC. 101. IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED.

Title I of the Elementary and Secondary Education Act of 1965

(20 U.S.C. 6301 et seq.) is amended to read as follows:

‘‘TITLE I—IMPROVING THE ACADEMIC

ACHIEVEMENT OF THE DISADVANTAGED

‘‘SEC. 1001. STATEMENT OF PURPOSE.

‘‘The purpose of this title is to ensure that all children have a

fair, equal, and significant opportunity to obtain a high-quality

education and reach, at a minimum, proficiency on challenging

State academic achievement standards and state academic assessments. This purpose can be accomplished by—

‘‘(1) ensuring that high-quality academic assessments, accountability systems, teacher preparation and training, curriculum, and instructional materials are aligned with challenging State academic standards so that students, teachers,

parents, and administrators can measure progress against common expectations for student academic achievement; ‘‘(2) meeting the educational needs of low-achieving children in our Nation’s highest-poverty schools, limited English

proficient children, migratory children, children with disabilities, Indian children, neglected or delinquent children, and

young children in need of reading assistance; ‘‘(3) closing the achievement gap between high- and lowperforming children, especially the achievement gaps between

minority and nonminority students, and between disadvantaged

children and their more advantaged peers;

‘‘(4) holding schools, local educational agencies, and States

accountable for improving the academic achievement of all students, and identifying and turning around low-performing

schools that have failed to provide a high-quality education to

their students, while providing alternatives to students in such

schools to enable the students to receive a high-quality education;

‘‘(5) distributing and targeting resources sufficiently to

make a difference to local educational agencies and schools

where needs are greatest;

‘‘(6) improving and strengthening accountability, teaching,

and learning by using State assessment systems designed to ensure that students are meeting challenging State academic

achievement and content standards and increasing achievement

overall, but especially for the disadvantaged;

‘‘(7) providing greater decisionmaking authority and flexibility to schools and teachers in exchange for greater responsibility for student performance;

18

‘‘(8) providing children an enriched and accelerated educational program, including the use of schoolwide programs or

additional services that increase the amount and quality of instructional time; ‘‘(9) promoting schoolwide reform and ensuring the access

of children to effective, scientifically based instructional strategies and challenging academic content; ‘‘(10) significantly elevating the quality of instruction by

providing staff in participating schools with substantial opportunities for professional development; ‘‘(11) coordinating services under all parts of this title with

each other, with other educational services, and, to the extent

feasible, with other agencies providing services to youth, children, and families; and ‘‘(12) affording parents substantial and meaningful opportunities to participate in the education of their children.

‘‘SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.

‘‘(a) LOCAL EDUCATIONAL AGENCY GRANTS.—For the purpose of

carrying out part A, there are authorized to be appropriated— ‘‘(1) $13,500,000,000 for fiscal year 2002;

‘‘(2) $16,000,000,000 for fiscal year 2003;

‘‘(3) $18,500,000,000 for fiscal year 2004;

‘‘(4) $20,500,000,000 for fiscal year 2005;

‘‘(5) $22,750,000,000 for fiscal year 2006; and

‘‘(6) $25,000,000,000 for fiscal year 2007. ‘‘(b) READING FIRST.— ‘‘(1) READING FIRST.—For the purpose of carrying out subpart 1 of part B, there are authorized to be appropriated

$900,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years. ‘‘(2) EARLY READING FIRST.—For the purpose of carrying out

subpart 2 of part B, there are authorized to be appropriated

$75,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years. ‘‘(3) EVEN START.—For the purpose of carrying out subpart

3 of part B, there are authorized to be appropriated

$260,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years. ‘‘(4) IMPROVING LITERACY THROUGH SCHOOL LIBRARIES.— For the purpose of carrying out subpart 4 of part B, there are

authorized to be appropriated $250,000,000 for fiscal year 2002

and such sums as may be necessary for each of the 5 succeeding

fiscal years.

‘‘(c) EDUCATION OF MIGRATORY CHILDREN.—For the purpose of

carrying out part C, there are authorized to be appropriated

$410,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years.

‘‘(d) PREVENTION AND INTERVENTION PROGRAMS FOR YOUTH

WHO ARE NEGLECTED, DELINQUENT, OR AT RISK.—For the purpose

of carrying out part D, there are authorized to be appropriated

$50,000,000 for fiscal year 2002 and such sums as may be necessary

for each of the 5 succeeding fiscal years.

‘‘(e) FEDERAL ACTIVITIES.—

‘‘(1) SECTIONS 1501 AND 1502.—For the purpose of carrying

out sections 1501 and 1502, there are authorized to be approVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00022 Fmt 6659 Sfmt 6603 E:\HR\OC\A334HR.007 pfrm07 PsN: A334HR
19

priated such sums as may be necessary for fiscal year 2002 and

each of the 5 succeeding fiscal years. ‘‘(2) SECTION 1504.— ‘‘(A) IN GENERAL.—For the purpose of carrying out section 1504, there are authorized to be appropriated such

sums as may be necessary for fiscal year 2002 and for each

of the 5 succeeding fiscal years. ‘‘(B) SPECIAL RULE.—Of the funds appropriated pursuant to subparagraph (A), not more than 30 percent may be

used for teachers associated with students participating in

the programs described in subsections (a)(1), (b)(1), and

(c)(1). ‘‘(f) COMPREHENSIVE SCHOOL REFORM.—For the purpose of carrying out part F, there are authorized to be appropriated such sums

as may be necessary for fiscal year 2002 and each of the 5 succeeding fiscal years. ‘‘(g) ADVANCED PLACEMENT.—For the purposes of carrying out

part G, there are authorized to be appropriated such sums for fiscal

year 2002 and each 5 succeeding fiscal year. ‘‘(h) SCHOOL DROPOUT PREVENTION.—For the purpose of carrying out part H, there are authorized to be appropriated

$125,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years, of which— ‘‘(1) up to 10 percent shall be available to carry out subpart

1 of part H for each fiscal year; and ‘‘(2) the remainder shall be available to carry out subpart

2 of part H for each fiscal year.

‘‘(i) SCHOOL IMPROVEMENT.—For the purpose of carrying out

section 1003(g), there are authorized to be appropriated

$500,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years.

‘‘SEC. 1003. SCHOOL IMPROVEMENT.

‘‘(a) STATE RESERVATIONS.—Each State shall reserve 2 percent

of the amount the State receives under subpart 2 of part A for fiscal

years 2002 and 2003, and 4 percent of the amount received under

such subpart for fiscal years 2004 through 2007, to carry out subsection (b) and to carry out the State’s responsibilities under sections 1116 and 1117, including carrying out the State educational

agency’s statewide system of technical assistance and support for

local educational agencies. ‘‘(b) USES.—Of the amount reserved under subsection (a) for

any fiscal year, the State educational agency—

‘‘(1) shall allocate not less than 95 percent of that amount

directly to local educational agencies for schools identified for

school improvement, corrective action, and restructuring, for activities under section 1116(b); or

‘‘(2) may, with the approval of the local educational agency,

directly provide for these activities or arrange for their provision through other entities such as school support teams or educational service agencies.

‘‘(c) PRIORITY.—The State educational agency, in allocating

funds to local educational agencies under this section, shall give

priority to local educational agencies that—

‘‘(1) serve the lowest-achieving schools;

‘‘(2) demonstrate the greatest need for such funds; and

20

‘‘(3) demonstrate the strongest commitment to ensuring that

such funds are used to enable the lowest-achieving schools to

meet the progress goals in school improvement plans under section 1116 (b)(3)(A)(v).

‘‘(d) UNUSED FUNDS.—If, after consultation with local educational agencies in the State, the State educational agency determines that the amount of funds reserved to carry out subsection (b)

is greater than the amount needed to provide the assistance described in that subsection, the State educational agency shall allocate the excess amount to local educational agencies in accordance

with— ‘‘(1) the relative allocations the State educational agency

made to those agencies for that fiscal year under subpart 2 of

part A; or ‘‘(2) section 1126(c). ‘‘(e) SPECIAL RULE.—Notwithstanding any other provision of

this section, the amount of funds reserved by the State educational

agency under subsection (a) in any fiscal year shall not decrease the

amount of funds each local educational agency receives under subpart 2 below the amount received by such local educational agency

under such subpart for the preceding fiscal year. ‘‘(f) REPORTING.—The State educational agency shall make publicly available a list of those schools that have received funds or

services pursuant to subsection (b) and the percentage of students

from each school from families with incomes below the poverty line. ‘‘(g) ASSISTANCE FOR LOCAL SCHOOL IMPROVEMENT.— ‘‘(1) PROGRAM AUTHORIZED.—The Secretary shall award

grants to States to enable the States to provide subgrants to

local educational agencies for the purpose of providing assistance for school improvement consistent with section 1116. ‘‘(2) STATE ALLOTMENTS.—Such grants shall be allotted

among States, the Bureau of Indian Affairs, and the outlying

areas, in proportion to the funds received by the States, the Bureau of Indian Affairs, and the outlying areas, respectively, for

the fiscal year under parts A, C, and D of this title. The Secretary shall expeditiously allot a portion of such funds to States

for the purpose of assisting local educational agencies and

schools that were in school improvement status on the date preceding the date of enactment of the No Child Left Behind Act

of 2001.

‘‘(3) REALLOCATIONS.—If a State does not receive funds

under this subsection, the Secretary shall reallocate such funds

to other States in the same proportion funds are allocated

under paragraph (2).

‘‘(4) STATE APPLICATIONS.—Each State educational agency

that desires to receive funds under this subsection shall submit

an application to the Secretary at such time, and containing

such information, as the Secretary shall reasonably require, except that such requirement shall be waived if a State educational agency submitted such information as part of its State

plan under this part. Each State application shall describe how

the State educational agency will allocate such funds in order

to assist the State educational agency and local educational

agencies in complying with school improvement, corrective action, and restructuring requirements of section 1116.

21

‘‘(5) LOCAL EDUCATIONAL AGENCY GRANTS.—A grant to a

local educational agency under this subsection shall be—

‘‘(A) of sufficient size and scope to support the activities

required under sections 1116 and 1117, but not less than

$50,000 and not more than $500,000 for each participating

school;

‘‘(B) integrated with other funds awarded by the State

under this Act; and

‘‘(C) renewable for 2 additional 1-year periods if

schools are meeting the goals in their school improvement

plans developed under section 1116.

‘‘(6) PRIORITY.—The State, in awarding such grants, shall

give priority to local educational agencies with the lowestachieving schools that demonstrate—

‘‘(A) the greatest need for such funds; and

‘‘(B) the strongest commitment to ensuring that such

funds are used to provide adequate resources to enable the

lowest-achieving schools to meet the goals under school and

local educational agency improvement, corrective action,

and restructuring plans under section 1116.

‘‘(7) ALLOCATION.—A State educational agency that receives

a grant under this subsection shall allocate at least 95 percent

of the grant funds directly to local educational agencies for

schools identified for school improvement, corrective action, or

restructuring to carry out activities under section 1116(b), or

may, with the approval of the local educational agency, directly

provide for these activities or arrange for their provision

through other entities such as school support teams or educational service agencies.

‘‘(8) ADMINISTRATIVE COSTS.—A State educational agency

that receives a grant award under this subsection may reserve

not more than 5 percent of such grant funds for administration,

evaluation, and technical assistance expenses.

‘‘(9) LOCAL AWARDS.—Each local educational agency that

applies for assistance under this subsection shall describe how

it will provide the lowest-achieving schools the resources necessary to meet goals under school and local educational agency

improvement, corrective action, and restructuring plans under

section 1116.

‘‘SEC. 1004. STATE ADMINISTRATION.

‘‘(a) IN GENERAL.—Except as provided in subsection (b), to carry

out administrative duties assigned under parts A, C, and D of this

title, each State may reserve the greater of—

‘‘(1) 1 percent of the amounts received under such parts; or

‘‘(2) $400,000 ($50,000 in the case of each outlying area).

‘‘(b) EXCEPTION.—If the sum of the amounts appropriated for

parts A, C, and D of this title is equal to or greater than

$14,000,000,000, then the reservation described in subsection (a)(1)

shall not exceed 1 percent of the amount the State would receive, if

$14,000,000,000 were allocated among the States for parts A, C,

and D of this title.

22

‘‘PART A—IMPROVING BASIC PROGRAMS OPERATED BY

LOCAL EDUCATIONAL AGENCIES

‘‘Subpart 1—Basic Program Requirements

‘‘SEC. 1111. STATE PLANS.

‘‘(a) PLANS REQUIRED.—

‘‘(1) IN GENERAL.—Any State desiring to receive a grant

under this part shall submit to the Secretary a plan, developed

in consultation with local educational agencies, teachers, principals, pupil services personnel, administrators (including administrators of programs described in other parts of this title),

other staff, and parents, that satisfies the requirements of this

section and that is coordinated with other programs under this

Act, the Individuals with Disabilities Education Act, the Carl

D. Perkins Vocational and Technical Education Act of 1998, the

Head Start Act, the Adult Education and Family Literacy Act,

and the McKinney-Vento Homeless Assistance Act.

‘‘(2) CONSOLIDATED PLAN.—A State plan submitted under

paragraph (1) may be submitted as part of a consolidated plan

under section 9302.

‘‘(b) ACADEMIC STANDARDS, ACADEMIC ASSESSMENTS, AND ACCOUNTABILITY.—

‘‘(1) CHALLENGING ACADEMIC STANDARDS.—

‘‘(A) IN GENERAL.—Each State plan shall demonstrate

that the State has adopted challenging academic content

standards and challenging student academic achievement

standards that will be used by the State, its local educational agencies, and its schools to carry out this part, except that a State shall not be required to submit such

standards to the Secretary.

‘‘(B) SAME STANDARDS.—The academic standards required by subparagraph (A) shall be the same academic

standards that the State applies to all schools and children

in the State.

‘‘(C) SUBJECTS.—The State shall have such academic

standards for all public elementary school and secondary

school children, including children served under this part,

in subjects determined by the State, but including at least

mathematics, reading or language arts, and (beginning in

the 2005–2006 school year) science, which shall include the

same knowledge, skills, and levels of achievement expected

of all children.

‘‘(D) CHALLENGING ACADEMIC STANDARDS.—Standards

under this paragraph shall include—

‘‘(i) challenging academic content standards in

academic subjects that—

‘‘(I) specify what children are expected to know

and be able to do;

‘‘(II) contain coherent and rigorous content;

and

‘‘(III) encourage the teaching of advanced

skills; and

‘‘(ii) challenging student academic achievement

standards that—

23

‘‘(I) are aligned with the State’s academic content standards; ‘‘(II) describe 2 levels of high achievement (proficient and advanced) that determine how well

children are mastering the material in the State

academic content standards; and ‘‘(III) describe a third level of achievement

(basic) to provide complete information about the

progress of the lower-achieving children toward

mastering the proficient and advanced levels of

achievement. ‘‘(E) INFORMATION.—For the subjects in which students

will be served under this part, but for which a State is not

required by subparagraphs (A), (B), and (C) to develop, and

has not otherwise developed, such academic standards, the

State plan shall describe a strategy for ensuring that students are taught the same knowledge and skills in such

subjects and held to the same expectations as are all children.‘‘(F) EXISTING STANDARDS.—Nothing in this part shall

prohibit a State from revising, consistent with this section,

any standard adopted under this part before or after the

date of enactment of the No Child Left Behind Act of 2001.

‘‘(2) ACCOUNTABILITY.— ‘‘(A) IN GENERAL.—Each State plan shall demonstrate

that the State has developed and is implementing a single,

statewide State accountability system that will be effective

in ensuring that all local educational agencies, public elementary schools, and public secondary schools make adequate yearly progress as defined under this paragraph.

Each State accountability system shall— ‘‘(i) be based on the academic standards and academic assessments adopted under paragraphs (1) and

(3), and other academic indicators consistent with subparagraph (C)(vi) and (vii), and shall take into account

the achievement of all public elementary school and

secondary school students;

‘‘(ii) be the same accountability system the State

uses for all public elementary schools and secondary

schools or all local educational agencies in the State,

except that public elementary schools, secondary

schools, and local educational agencies not participating under this part are not subject to the requirements of section 1116; and

‘‘(iii) include sanctions and rewards, such as bonuses and recognition, the State will use to hold local

educational agencies and public elementary schools

and secondary schools accountable for student achievement and for ensuring that they make adequate yearly

progress in accordance with the State’s definition

under subparagraphs (B) and (C).

‘‘(B) ADEQUATE YEARLY PROGRESS.—Each State plan

shall demonstrate, based on academic assessments described in paragraph (3), and in accordance with this paragraph, what constitutes adequate yearly progress of the

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State, and of all public elementary schools, secondary

schools, and local educational agencies in the State, toward

enabling all public elementary school and secondary school

students to meet the State’s student academic achievement

standards, while working toward the goal of narrowing the

achievement gaps in the State, local educational agencies,

and schools. ‘‘(C) DEFINITION.—‘Adequate yearly progress’ shall be

defined by the State in a manner that— ‘‘(i) applies the same high standards of academic

achievement to all public elementary school and secondary school students in the State; ‘‘(ii) is statistically valid and reliable;

‘‘(iii) results in continuous and substantial academic improvement for all students; ‘‘(iv) measures the progress of public elementary

schools, secondary schools and local educational agencies and the State based primarily on the academic assessments described in paragraph (3); ‘‘(v) includes separate measurable annual objectives for continuous and substantial improvement for

each of the following: ‘‘(I) The achievement of all public elementary

school and secondary school students. ‘‘(II) The achievement of— ‘‘(aa) economically disadvantaged students; ‘‘(bb) students from major racial and ethnic groups; ‘‘(cc) students with disabilities; and

‘‘(dd) students with limited English proficiency;

except that disaggregation of data under subclause

(II) shall not be required in a case in which the

number of students in a category is insufficient to

yield statistically reliable information or the results would reveal personally identifiable information about an individual student;

‘‘(vi) in accordance with subparagraph (D), includes graduation rates for public secondary school

students and at least 1 other academic indicator, as

determined by the State for all public elementary

school students; and

‘‘(vii) in accordance with subparagraph (D), at the

State’s discretion, may also include other academic indicators, as determined by the State for all public

school students, measured separately for each group

described in clause (v), such as achievement on additional State or locally administered assessments, decreases in grade-to-grade retention rates, attendance

rates, and changes in the percentages of students completing gifted and talented, advanced placement, and

college preparatory courses.

‘‘(D) REQUIREMENTS FOR OTHER INDICATORS.—In carrying out subparagraph (C)(vi) and (vii), the State—

25

‘‘(i) shall ensure that the indicators described in

those provisions are valid and reliable, and are consistent with relevant, nationally recognized professional

and technical standards, if any; and ‘‘(ii) except as provided in subparagraph (I)(i), may

not use those indicators to reduce the number of, or

change, the schools that would otherwise be subject to

school improvement, corrective action, or restructuring

under section 1116 if those additional indicators were

not used, but may use them to identify additional

schools for school improvement or in need of corrective

action or restructuring.

‘‘(E) STARTING POINT.—Each State, using data for the

2001–2002 school year, shall establish the starting point for

measuring, under subparagraphs (G) and (H), the percentage of students meeting or exceeding the State’s proficient

level of academic achievement on the State assessments

under paragraph (3) and pursuant to the timeline described in subparagraph (F). The starting point shall be, at

a minimum, based on the higher of the percentage of students at the proficient level who are in— ‘‘(i) the State’s lowest achieving group of students

described in subparagraph (C)(v)(II); or ‘‘(ii) the school at the 20th percentile in the State,

based on enrollment, among all schools ranked by the

percentage of students at the proficient level.

‘‘(F) TIMELINE.—Each State shall establish a timeline

for adequate yearly progress. The timeline shall ensure that

not later than 12 years after the end of the 2001–2002

school year, all students in each group described in subparagraph (C)(v) will meet or exceed the State’s proficient

level of academic achievement on the State assessments

under paragraph (3). ‘‘(G) MEASURABLE OBJECTIVES.—Each State shall establish statewide annual measurable objectives, pursuant

to subparagraph (C)(v), for meeting the requirements of this

paragraph, and which—

‘‘(i) shall be set separately for the assessments of

mathematics and reading or language arts under subsection (a)(3);

‘‘(ii) shall be the same for all schools and local

educational agencies in the State;

‘‘(iii) shall identify a single minimum percentage of

students who are required to meet or exceed the proficient level on the academic assessments that applies

separately to each group of students described in subparagraph (C)(v);

‘‘(iv) shall ensure that all students will meet or exceed the State’s proficient level of academic achievement on the State assessments within the State’s

timeline under subparagraph (F); and

‘‘(v) may be the same for more than 1 year, subject

to the requirements of subparagraph (H).

‘‘(H) INTERMEDIATE GOALS FOR ANNUAL YEARLY

PROGRESS.—Each State shall establish intermediate goals

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for meeting the requirements, including the measurable objectives in subparagraph (G), of this paragraph and that

shall— ‘‘(i) increase in equal increments over the period

covered by the State’s timeline under subparagraph (F); ‘‘(ii) provide for the first increase to occur in not

more than two years; and ‘‘(iii) provide for each following increase to occur in

not more than three years.

‘‘(I) ANNUAL IMPROVEMENT FOR SCHOOLS.—Each year,

for a school to make adequate yearly progress under this

paragraph—

‘‘(i) each group of students described in subparagraph (C)(v) must meet or exceed the objectives set by

the State under subparagraph (G), except that if any

group described in subparagraph (C)(v) does not meet

those objectives in any particular year, the school shall

be considered to have made adequate yearly progress if

the percentage of students in that group who did not

meet or exceed the proficient level of academic achievement on the State assessments under paragraph (3) for

that year decreased by 10 percent of that percentage

from the preceding school year and that group made

progress on one or more of the academic indicators described in subparagraph (C)(vi) or (vii); and ‘‘(ii) not less than 95 percent of each group of students described in subparagraph (C)(v) who are enrolled in the school are required to take the assessments, consistent with paragraph (3)(C)(xi) and with

accommodations, guidelines, and alternative assessments provided in the same manner as those provided

under section 612(a)(17)(A) of the Individuals with Disabilities Education Act and paragraph (3), on which

adequate yearly progress is based (except that the 95

percent requirement described in this clause shall not

apply in a case in which the number of students in a

category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student).

‘‘(J) UNIFORM AVERAGING PROCEDURE.—For the purpose of determining whether schools are making adequate

yearly progress, the State may establish a uniform procedure for averaging data which includes one or more of the

following:

‘‘(i) The State may average data from the school

year for which the determination is made with data

from one or two school years immediately preceding

that school year.

‘‘(ii) Until the assessments described in paragraph

(3) are administered in such manner and time to allow

for the implementation of the uniform procedure for

averaging data described in clause (i), the State may

use the academic assessments that were required under

paragraph (3) as that paragraph was in effect on the

day preceding the date of enactment of the No Child

27

Left Behind Act of 2001, provided that nothing in this

clause shall be construed to undermine or delay the determination of adequate yearly progress, the requirements of section 1116, or the implementation of assessments under this section. ‘‘(iii) The State may use data across grades in a

school. ‘‘(3) ACADEMIC ASSESSMENTS.— ‘‘(A) IN GENERAL.—Each State plan shall demonstrate

that the State, in consultation with local educational agencies, has implemented a set of high-quality, yearly student

academic assessments that include, at a minimum, academic assessments in mathematics, reading or language

arts, and science that will be used as the primary means

of determining the yearly performance of the State and of

each local educational agency and school in the State in enabling all children to meet the State’s challenging student

academic achievement standards, except that no State shall

be required to meet the requirements of this part relating

to science assessments until the beginning of the 2007–2008

school year. ‘‘(B) USE OF ASSESSMENTS.—Each State may incorporate the data from the assessments under this paragraph

into a State-developed longitudinal data system that links

student test scores, length of enrollment, and graduation

records over time. ‘‘(C) REQUIREMENTS.—Such assessments shall— ‘‘(i) be the same academic assessments used to

measure the achievement of all children; ‘‘(ii) be aligned with the State’s challenging academic content and student academic achievement

standards, and provide coherent information about

student attainment of such standards; ‘‘(iii) be used for purposes for which such assessments are valid and reliable, and be consistent with

relevant, nationally recognized professional and technical standards;

‘‘(iv) be used only if the State provides to the Secretary evidence from the test publisher or other relevant

sources that the assessments used are of adequate technical quality for each purpose required under this Act

and are consistent with the requirements of this section, and such evidence is made public by the Secretary

upon request;

‘‘(v)(I) except as otherwise provided for grades 3

through 8 under clause vii, measure the proficiency of

students in, at a minimum, mathematics and reading

or language arts, and be administered not less than

once during—

‘‘(aa) grades 3 through 5;

‘‘(bb) grades 6 through 9; and

‘‘(cc) grades 10 through 12;

‘‘(II) beginning not later than school year 2007–

2008, measure the proficiency of all students in science

and be administered not less than one time during—

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‘‘(aa) grades 3 through 5;

‘‘(bb) grades 6 through 9; and

‘‘(cc) grades 10 through 12; ‘‘(vi) involve multiple up-to-date measures of student academic achievement, including measures that

assess higher-order thinking skills and understanding; ‘‘(vii) beginning not later than school year 2005– 2006, measure the achievement of students against the

challenging State academic content and student academic achievement standards in each of grades 3

through 8 in, at a minimum, mathematics, and reading or language arts, except that the Secretary may

provide the State 1 additional year if the State demonstrates that exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous

and unforeseen decline in the financial resources of the

State, prevented full implementation of the academic

assessments by that deadline and that the State will

complete implementation within the additional 1-year

period; ‘‘(viii) at the discretion of the State, measure the

proficiency of students in academic subjects not described in clauses (v), (vi), (vii) in which the State has

adopted challenging academic content and academic

achievement standards; ‘‘(ix) provide for— ‘‘(I) the participation in such assessments of

all students; ‘‘(II) the reasonable adaptations and accommodations for students with disabilities (as defined under section 602(3) of the Individuals with

Disabilities Education Act) necessary to measure

the academic achievement of such students relative

to State academic content and State student academic achievement standards; and

‘‘(III) the inclusion of limited English proficient students, who shall be assessed in a valid

and reliable manner and provided reasonable accommodations on assessments administered to

such students under this paragraph, including, to

the extent practicable, assessments in the language

and form most likely to yield accurate data on

what such students know and can do in academic

content areas, until such students have achieved

English language proficiency as determined under

paragraph (7);

‘‘(x) notwithstanding subclause (III), the academic

assessment (using tests written in English) of reading

or language arts of any student who has attended

school in the United States (not including Puerto Rico)

for 3 or more consecutive school years, except that if the

local educational agency determines, on a case-by-case

individual basis, that academic assessments in another

language or form would likely yield more accurate and

reliable information on what such student knows and

29

can do, the local educational agency may make a determination to assess such student in the appropriate language other than English for a period that does not exceed 2 additional consecutive years, provided that such

student has not yet reached a level of English language

proficiency sufficient to yield valid and reliable information on what such student knows and can do on

tests (written in English) of reading or language arts;

‘‘(xi) include students who have attended schools in

a local educational agency for a full academic year but

have not attended a single school for a full academic

year, except that the performance of students who have

attended more than 1 school in the local educational

agency in any academic year shall be used only in determining the progress of the local educational agency;

‘‘(xii) produce individual student interpretive, descriptive, and diagnostic reports, consistent with clause

(iii) that allow parents, teachers, and principals to understand and address the specific academic needs of

students, and include information regarding achievement on academic assessments aligned with State academic achievement standards, and that are provided to

parents, teachers, and principals, as soon as is practicably possible after the assessment is given, in an understandable and uniform format, and to the extent

practicable, in a language that parents can understand;

‘‘(xiii) enable results to be disaggregated within

each State, local educational agency, and school by

gender, by each major racial and ethnic group, by

English proficiency status, by migrant status, by students with disabilities as compared to nondisabled students, and by economically disadvantaged students as

compared to students who are not economically disadvantaged, except that, in the case of a local educational agency or a school, such disaggregation shall

not be required in a case in which the number of students in a category is insufficient to yield statistically

reliable information or the results would reveal personally identifiable information about an individual student;

‘‘(xiv) be consistent with widely accepted professional testing standards, objectively measure academic

achievement, knowledge, and skills, and be tests that

do not evaluate or assess personal or family beliefs and

attitudes, or publicly disclose personally identifiable information; and

‘‘(xv) enable itemized score analyses to be produced

and reported, consistent with clause (iii), to local educational agencies and schools, so that parents, teachers,

principals, and administrators can interpret and address the specific academic needs of students as indicated by the students’ achievement on assessment

items.

30

‘‘(D) DEFERRAL.—A State may defer the commencement, or suspend the administration, but not cease the development, of the assessments described in this paragraph,

that were not required prior to the date of enactment of the

No Child Left Behind Act of 2001, for 1 year for each year

for which the amount appropriated for grants under section

6204(c) is less than— ‘‘(i) $370,000,000 for fiscal year 2002;

‘‘(ii) $380,000,000 for fiscal year 2003;

‘‘(iii) $390,000,000 for fiscal year 2004; and

‘‘(iv) $400,000,000 for fiscal years 2005 through

2007. ‘‘(4) SPECIAL RULE.—Academic assessment measures in addition to those in paragraph (3) that do not meet the requirements of such paragraph may be included in the assessment

under paragraph (3) as additional measures, but may not be

used in lieu of the academic assessments required under paragraph (3). Such additional assessment measures may not be

used to reduce the number of or change, the schools that would

otherwise be subject to school improvement, corrective action, or

restructuring under section 1116 if such additional indicators

were not used, but may be used to identify additional schools

for school improvement or in need of corrective action or restructuring except as provided in paragraph (2)(i)(I). ‘‘(5) STATE AUTHORITY.—If a State educational agency provides evidence, which is satisfactory to the Secretary, that neither the State educational agency nor any other State government official, agency, or entity has sufficient authority, under

State law, to adopt curriculum content and student academic

achievement standards, and academic assessments aligned with

such academic standards, which will be applicable to all students enrolled in the State’s public elementary schools and secondary schools, then the State educational agency may meet the

requirements of this subsection by—

‘‘(A) adopting academic standards and academic assessments that meet the requirements of this subsection, on

a statewide basis, and limiting their applicability to students served under this part; or

‘‘(B) adopting and implementing policies that ensure

that each local educational agency in the State that receives

grants under this part will adopt curriculum content and

student academic achievement standards, and academic assessments aligned with such standards, which—

‘‘(i) meet all of the criteria in this subsection and

any regulations regarding such standards and assessments that the Secretary may publish; and

‘‘(ii) are applicable to all students served by each

such local educational agency.

‘‘(6) LANGUAGE ASSESSMENTS.—Each State plan shall identify the languages other than English that are present in the

participating student population and indicate the languages for

which yearly student academic assessments are not available

and are needed. The State shall make every effort to develop

such assessments and may request assistance from the Secretary if linguistically accessible academic assessment measures

31

are needed. Upon request, the Secretary shall assist with the

identification of appropriate academic assessment measures in

the needed languages, but shall not mandate a specific academic assessment or mode of instruction. ‘‘(7) ACADEMIC ASSESSMENTS OF ENGLISH LANGUAGE PRO- FICIENCY.—Each State plan shall demonstrate that local educational agencies in the State will, beginning not later than

school year 2002–2003, provide for an annual assessment of

English proficiency (measuring students’ oral language, reading, and writing skills in English) of all students with limited

English proficiency in the schools served by the State, except

that the Secretary may provide the State 1 additional year if

the State demonstrates that exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforeseen decline in the financial resources of the State, prevented full implementation of this paragraph by that deadline

and that the State will complete implementation within the additional 1-year period. ‘‘(8) REQUIREMENT.—Each State plan shall describe— ‘‘(A) how the State educational agency will assist each

local educational agency and school affected by the State

plan to develop the capacity to comply with each of the requirements of sections 1112(c)(1)(D), 1114(b), and 1115(c)

that is applicable to such agency or school; ‘‘(B) how the State educational agency will assist each

local educational agency and school affected by the State

plan to provide additional educational assistance to individual students assessed as needing help to achieve the

State’s challenging academic achievement standards;

‘‘(C) the specific steps the State educational agency will

take to ensure that both schoolwide programs and targeted

assistance schools provide instruction by highly qualified

instructional staff as required by sections 1114(b)(1)(C) and

1115(c)(1)(E), including steps that the State educational

agency will take to ensure that poor and minority children

are not taught at higher rates than other children by inexperienced, unqualified, or out-of-field teachers, and the

measures that the State educational agency will use to

evaluate and publicly report the progress of the State educational agency with respect to such steps;

‘‘(D) an assurance that the State educational agency

will assist local educational agencies in developing or identifying high-quality effective curricula aligned with State

academic achievement standards and how the State educational agency will disseminate such curricula to each

local educational agency and school within the State; and

‘‘(E) such other factors the State determines appropriate to provide students an opportunity to achieve the

knowledge and skills described in the challenging academic

content standards adopted by the State.

‘‘(9) FACTORS AFFECTING STUDENT ACHIEVEMENT.—Each

State plan shall include an assurance that the State will coordinate and collaborate, to the extent feasible and necessary as

determined by the State, with agencies providing services to

children, youth, and families, with respect to local educational

32

agencies within the State that are identified under section 1116

and that request assistance with addressing major factors that

have significantly affected the academic achievement of students in the local educational agency or schools served by such

agency. ‘‘(10) USE OF ACADEMIC ASSESSMENT RESULTS TO IMPROVE

STUDENT ACADEMIC ACHIEVEMENT.—Each State plan shall describe how the State will ensure that the results of the State assessments described in paragraph (3)— ‘‘(A) will be promptly provided to local educational

agencies, schools, and teachers in a manner that is clear

and easy to understand, but not later than before the beginning of the next school year; and ‘‘(B) be used by those local educational agencies,

schools, and teachers to improve the educational achievement of individual students. ‘‘(c) OTHER PROVISIONS TO SUPPORT TEACHING AND LEARN- ING.—Each State plan shall contain assurances that— ‘‘(1) the State will meet the requirements of subsection (h)(1)

and, beginning with the 2002–2003 school year, will produce

the annual State report cards described in such subsection, except that the Secretary may provide the State 1 additional year

if the State demonstrates that exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforeseen decline in the financial resources of the State, prevented full implementation of this paragraph by that deadline

and that the State will complete implementation within the additional 1-year period; ‘‘(2) the State will, beginning in school year 2002–2003,

participate in biennial State academic assessments of 4th and

8th grade reading and mathematics under the National Assessment of Educational Progress carried out under section

411(b)(2) of the National Education Statistics Act of 1994 if the

Secretary pays the costs of administering such assessments;

‘‘(3) the State educational agency, in consultation with the

Governor, will include, as a component of the State plan, a plan

to carry out the responsibilities of the State under sections 1116

and 1117, including carrying out the State educational agency’s

statewide system of technical assistance and support for local

educational agencies;

‘‘(4) the State educational agency will work with other

agencies, including educational service agencies or other local

consortia, and institutions to provide technical assistance to

local educational agencies and schools, including technical assistance in providing professional development under section

1119, technical assistance under section 1117, and technical assistance relating to parental involvement under section 1118;

‘‘(5)(A) where educational service agencies exist, the State

educational agency will consider providing professional development and technical assistance through such agencies; and

‘‘(B) where educational service agencies do not exist, the

State educational agency will consider providing professional

development and technical assistance through other cooperative

agreements such as through a consortium of local educational

agencies;

33

‘‘(6) the State educational agency will notify local educational agencies and the public of the content and student academic achievement standards and academic assessments developed under this section, and of the authority to operate

schoolwide programs, and will fulfill the State educational

agency’s responsibilities regarding local educational agency improvement and school improvement under section 1116, including such corrective actions as are necessary; ‘‘(7) the State educational agency will provide the least restrictive and burdensome regulations for local educational

agencies and individual schools participating in a program assisted under this part; ‘‘(8) the State educational agency will inform the Secretary

and the public of how Federal laws, if at all, hinder the ability

of States to hold local educational agencies and schools accountable for student academic achievement; ‘‘(9) the State educational agency will encourage schools to

consolidate funds from other Federal, State, and local sources

for schoolwide reform in schoolwide programs under section

1114;‘‘(10) the State educational agency will modify or eliminate

State fiscal and accounting barriers so that schools can easily

consolidate funds from other Federal, State, and local sources

for schoolwide programs under section 1114; ‘‘(11) the State educational agency has involved the committee of practitioners established under section 1903(b) in developing the plan and monitoring its implementation; ‘‘(12) the State educational agency will inform local educational agencies in the State of the local educational agency’s

authority to transfer funds under title VI, to obtain waivers

under part D of title IX, and, if the State is an Ed-Flex Partnership State, to obtain waivers under the Education Flexibility

Partnership Act of 1999; ‘‘(13) the State will coordinate activities funded under this

part with other Federal activities as appropriate; and

‘‘(14) the State educational agency will encourage local educational agencies and individual schools participating in a program assisted under this part to offer family literacy services

(using funds under this part), if the agency or school determines

that a substantial number of students served under this part by

the agency or school have parents who do not have a secondary

school diploma or its recognized equivalent or who have low

levels of literacy.

‘‘(d) PARENTAL INVOLVEMENT.—Each State plan shall describe

how the State will support the collection and dissemination to local

educational agencies and schools of effective parental involvement

practices. Such practices shall—

‘‘(1) be based on the most current research that meets the

highest professional and technical standards, on effective parental involvement that fosters achievement to high standards for

all children; and ‘‘(2) be geared toward lowering barriers to greater participation by parents in school planning, review, and improvement

experienced.

‘‘(e) PEER REVIEW AND SECRETARIAL APPROVAL.—

34

‘‘(1) SECRETARIAL DUTIES.—The Secretary shall— ‘‘(A) establish a peer-review process to assist in the review of State plans; ‘‘(B) appoint individuals to the peer-review process who

are representative of parents, teachers, State educational

agencies, and local educational agencies, and who are familiar with educational standards, assessments, accountability, the needs of low-performing schools, and other educational needs of students; ‘‘(C) approve a State plan within 120 days of its submission unless the Secretary determines that the plan does

not meet the requirements of this section; ‘‘(D) if the Secretary determines that the State plan

does not meet the requirements of subsection (a), (b), or (c),

immediately notify the State of such determination and the

reasons for such determination; ‘‘(E) not decline to approve a State’s plan before— ‘‘(i) offering the State an opportunity to revise its

plan;‘‘(ii) providing technical assistance in order to assist the State to meet the requirements of subsections

(a), (b), and (c); and ‘‘(iii) providing a hearing; and ‘‘(F) have the authority to disapprove a State plan for

not meeting the requirements of this part, but shall not

have the authority to require a State, as a condition of approval of the State plan, to include in, or delete from, such

plan one or more specific elements of the State’s academic

content standards or to use specific academic assessment

instruments or items.

‘‘(2) STATE REVISIONS.—A State shall revise its State plan

if necessary to satisfy the requirements of this section.

‘‘(f) DURATION OF THE PLAN.— ‘‘(1) IN GENERAL.—Each State plan shall—

‘‘(A) remain in effect for the duration of the State’s participation under this part; and

‘‘(B) be periodically reviewed and revised by the State,

as necessary, to reflect changes in the State’s strategies and

programs under this part.

‘‘(2) ADDITIONAL INFORMATION.—If the State makes significant changes to its State plan, such as the adoption of new

State academic content standards and State student achievement standards, new academic assessments, or a new definition

of adequate yearly progress, the State shall submit such information to the Secretary.

‘‘(g) PENALTIES.—

‘‘(1) FAILURE TO MEET DEADLINES ENACTED IN 1994.—

‘‘(A) IN GENERAL.—If a State fails to meet the deadlines

established by the Improving America’s Schools Act of 1994

(or under any waiver granted by the Secretary or under any

compliance agreement with the Secretary) for demonstrating that the State has in place challenging academic

content standards and student achievement standards, and

a system for measuring and monitoring adequate yearly

progress, the Secretary shall withhold 25 percent of the

35

funds that would otherwise be available to the State for

State administration and activities under this part in each

year until the Secretary determines that the State meets

those requirements. ‘‘(B) NO EXTENSION.—Notwithstanding any other provision of law, 90 days after the date of enactment of the No

Child Left Behind Act of 2001 the Secretary shall not grant

any additional waivers of, or enter into any additional

compliance agreements to extend, the deadlines described

in subparagraph (A) for any State.

‘‘(2) FAILURE TO MEET REQUIREMENTS ENACTED IN 2001.—If

a State fails to meet any of the requirements of this section,

other than the requirements described in paragraph (1), then

the Secretary may withhold funds for State administration

under this part until the Secretary determines that the State

has fulfilled those requirements.

‘‘(h) REPORTS.— ‘‘(1) ANNUAL STATE REPORT CARD.— ‘‘(A) IN GENERAL.—Not later than the beginning of the

2002–2003 school year, unless the State has received a 1-

year extension pursuant to subsection (c)(1), a State that receives assistance under this part shall prepare and disseminate an annual State report card. ‘‘(B) IMPLEMENTATION.—The State report card shall

be— ‘‘(i) concise; and

‘‘(ii) presented in an understandable and uniform

format and, to the extent practicable, provided in a

language that the parents can understand.

‘‘(C) REQUIRED INFORMATION.—The State shall include

in its annual State report card— ‘‘(i) information, in the aggregate, on student

achievement at each proficiency level on the State academic assessments described in subsection (b)(3)

(disaggregated by race, ethnicity, gender, disability status, migrant status, English proficiency, and status as

economically disadvantaged, except that such

disaggregation shall not be required in a case in which

the number of students in a category is insufficient to

yield statistically reliable information or the results

would reveal personally identifiable information about

an individual student);

‘‘(ii) information that provides a comparison between the actual achievement levels of each group of

students described in subsection (b)(2)(C)(v) and the

State’s annual measurable objectives for each such

group of students on each of the academic assessments

required under this part;

‘‘(iii) the percentage of students not tested

(disaggregated by the same categories and subject to

the same exception described in clause (i));

‘‘(iv) the most recent 2-year trend in student

achievement in each subject area, and for each grade

level, for which assessments under this section are required;

36

‘‘(v) aggregate information on any other indicators

used by the State to determine the adequate yearly

progress of students in achieving State academic

achievement standards; ‘‘(vi) graduation rates for secondary school students consistent with subsection (b)(2)(B)(vii); ‘‘(vii) information on the performance of local educational agencies in the State regarding making adequate yearly progress, including the number and

names of each school identified for school improvement

under section 1116; and ‘‘(viii) the professional qualifications of teachers in

the State, the percentage of such teachers teaching with

emergency or provisional credentials, and the percentage of classes in the State not taught by highly qualified teachers, in the aggregate and disaggregated by

high-poverty compared to low-poverty schools which,

for the purpose of this clause, means schools in the top

quartile of poverty and the bottom quartile of poverty

in the State.

‘‘(D) OPTIONAL INFORMATION.—The State may include

in its annual State report card such other information as

the State believes will best provide parents, students, and

other members of the public with information regarding the

progress of each of the State’s public elementary schools

and public secondary schools. Such information may include information regarding— ‘‘(i) school attendance rates;

‘‘(ii) average class size in each grade;

‘‘(iii) academic achievement and gains in English

proficiency of limited English proficient students; ‘‘(iv) the incidence of school violence, drug abuse,

alcohol abuse, student suspensions, and student expulsions;

‘‘(v) the extent and type of parental involvement in

the schools;

‘‘(vi) the percentage of students completing advanced placement courses, and the rate of passing of

advanced placement tests; and

‘‘(vii) a clear and concise description of the State’s

accountability system, including a description of the

criteria by which the State evaluates school performance, and the criteria that the State has established,

consistent with subsection (b)(2), to determine the status of schools regarding school improvement, corrective

action, and restructuring.

‘‘(2) ANNUAL LOCAL EDUCATIONAL AGENCY REPORT CARDS.—

‘‘(A) REPORT CARDS.—

‘‘(i) IN GENERAL.—Not later than the beginning of

the 2002–2003 school year, a local educational agency

that receives assistance under this part shall prepare

and disseminate an annual local educational agency

report card, except that the State may provide the local

educational agency 1 additional year if the local educational agency demonstrates that exceptional or unVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00040 Fmt 6659 Sfmt 6603 E:\HR\OC\A334HR.014 pfrm07 PsN: A334HR
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controllable circumstances, such as a natural disaster

or a precipitous and unforeseen decline in the financial

resources of the local educational agency, prevented full

implementation of this paragraph by that deadline and

that the local educational agency will complete implementation within the additional 1-year period. ‘‘(ii) SPECIAL RULE.—If a State has received an extension pursuant to subsection (c)(1), then a local educational agency within that State shall not be required

to include the information required under paragraph

(1)(C) in such report card during such extension.

‘‘(B) MINIMUM REQUIREMENTS.—The State shall ensure

that each local educational agency collects appropriate data

and includes in the local educational agency’s annual report the information described in paragraph (1)(C) as applied to the local educational agency and each school

served by the local educational agency, and— ‘‘(i) in the case of a local educational agency— ‘‘(I) the number and percentage of schools

identified for school improvement under section

1116(c) and how long the schools have been so

identified; and ‘‘(II) information that shows how students

served by the local educational agency achieved on

the statewide academic assessment compared to

students in the State as a whole; and

‘‘(ii) in the case of a school— ‘‘(I) whether the school has been identified for

school improvement; and ‘‘(II) information that shows how the school’s

students achievement on the statewide academic

assessments and other indicators of adequate yearly progress compared to students in the local educational agency and the State as a whole.

‘‘(C) OTHER INFORMATION.—A local educational agency

may include in its annual local educational agency report

card any other appropriate information, whether or not

such information is included in the annual State report

card.‘‘(D) DATA.—A local educational agency or school shall

only include in its annual local educational agency report

card data that are sufficient to yield statistically reliable

information, as determined by the State, and that do not

reveal personally identifiable information about an individual student.

‘‘(E) PUBLIC DISSEMINATION.—The local educational

agency shall, not later than the beginning of the 2002–2003

school year, unless the local educational agency has received a 1-year extension pursuant to subparagraph (A),

publicly disseminate the information described in this

paragraph to all schools in the school district served by the

local educational agency and to all parents of students attending those schools in an understandable and uniform

format and, to the extent practicable, provided in a language that the parents can understand, and make the inVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00041 Fmt 6659 Sfmt 6603 E:\HR\OC\A334HR.014 pfrm07 PsN: A334HR
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formation widely available through public means, such as

posting on the Internet, distribution to the media, and distribution through public agencies, except that if a local educational agency issues a report card for all students, the

local educational agency may include the information

under this section as part of such report.

‘‘(3) PREEXISTING REPORT CARDS.—A State educational

agency or local educational agency that was providing public

report cards on the performance of students, schools, local educational agencies, or the State prior to the enactment of the No

Child Left Behind Act of 2001 may use those report cards for

the purpose of this subsection, so long as any such report card

is modified, as may be needed, to contain the information required by this subsection. ‘‘(4) ANNUAL STATE REPORT TO THE SECRETARY.—Each

State receiving assistance under this part shall report annually

to the Secretary, and make widely available within the State— ‘‘(A) beginning with school year 2002–2003, information on the State’s progress in developing and implementing the academic assessments described in subsection

(b)(3); ‘‘(B) beginning not later than school year 2002–2003,

information on the achievement of students on the academic assessments required by subsection (b)(3), including

the disaggregated results for the categories of students identified in subsection (b)(2)(C)(v); ‘‘(C) in any year before the State begins to provide the

information described in subparagraph (B), information on

the results of student academic assessments (including

disaggregated results) required under this section; ‘‘(D) beginning not later than school year 2002–2003,

unless the State has received an extension pursuant to subsection (c)(1), information on the acquisition of English proficiency by children with limited English proficiency;

‘‘(E) the number and names of each school identified

for school improvement under section 1116(c), the reason

why each school was so identified, and the measures taken

to address the achievement problems of such schools;

‘‘(F) the number of students and schools that participated in public school choice and supplemental service programs and activities under this title; and

‘‘(G) beginning not later than the 2002–2003 school

year, information on the quality of teachers and the percentage of classes being taught by highly qualified teachers

in the State, local educational agency, and school.

‘‘(5) REPORT TO CONGRESS.—The Secretary shall transmit

annually to the Committee on Education and the Workforce of

the House of Representatives and the Committee on Health,

Education, Labor, and Pensions of the Senate a report that provides national and State-level data on the information collected

under paragraph (4). ‘‘(6) PARENTS RIGHT-TO-KNOW.— ‘‘(A) QUALIFICATIONS.—At the beginning of each school

year, a local educational agency that receives funds under

this part shall notify the parents of each student attending

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any school receiving funds under this part that the parents

may request, and the agency will provide the parents on request (and in a timely manner), information regarding the

professional qualifications of the student’s classroom teachers, including, at a minimum, the following: ‘‘(i) Whether the teacher has met State qualification and licensing criteria for the grade levels and subject areas in which the teacher provides instruction. ‘‘(ii) Whether the teacher is teaching under emergency or other provisional status through which State

qualification or licensing criteria have been waived. ‘‘(iii) The baccalaureate degree major of the teacher

and any other graduate certification or degree held by

the teacher, and the field of discipline of the certification or degree. ‘‘(iv) Whether the child is provided services by

paraprofessionals and, if so, their qualifications.

‘‘(B) ADDITIONAL INFORMATION.—In addition to the information that parents may request under subparagraph

(A), a school that receives funds under this part shall provide to each individual parent— ‘‘(i) information on the level of achievement of the

parent’s child in each of the State academic assessments as required under this part; and ‘‘(ii) timely notice that the parent’s child has been

assigned, or has been taught for 4 or more consecutive

weeks by, a teacher who is not highly qualified.

‘‘(C) FORMAT.—The notice and information provided to

parents under this paragraph shall be in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand. ‘‘(i) PRIVACY.—Information collected under this section shall be

collected and disseminated in a manner that protects the privacy of

individuals. ‘‘(j) TECHNICAL ASSISTANCE.—The Secretary shall provide a

State educational agency, at the State educational agency’s request,

technical assistance in meeting the requirements of this section, including the provision of advice by experts in the development of

high-quality academic assessments, the setting of State standards,

the development of measures of adequate yearly progress that are

valid and reliable, and other relevant areas. ‘‘(k) VOLUNTARY PARTNERSHIPS.—A State may enter into a voluntary partnership with another State to develop and implement

the academic assessments and standards required under this section.

‘‘(l) CONSTRUCTION.—Nothing in this part shall be construed to

prescribe the use of the academic assessments described in this part

for student promotion or graduation purposes.

‘‘(m) SPECIAL RULE WITH RESPECT TO BUREAU-FUNDED

SCHOOLS.—In determining the assessments to be used by each operated or funded by BIA school receiving funds under this part, the

following shall apply: ‘‘(1) Each such school that is accredited by the State in

which it is operating shall use the assessments the State has developed and implemented to meet the requirements of this secVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00043 Fmt 6659 Sfmt 6603 E:\HR\OC\A334HR.015 pfrm07 PsN: A334HR
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tion, or such other appropriate assessment as approved by the

Secretary of the Interior.

‘‘(2) Each such school that is accredited by a regional accrediting organization shall adopt an appropriate assessment,

in consultation with and with the approval of, the Secretary of

the Interior and consistent with assessments adopted by other

schools in the same State or region, that meets the requirements

of this section.

‘‘(3) Each such school that is accredited by a tribal accrediting agency or tribal division of education shall use an assessment developed by such agency or division, except that the Secretary of the Interior shall ensure that such assessment meets

the requirements of this section.

‘‘SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.

‘‘(a) PLANS REQUIRED.—

‘‘(1) SUBGRANTS.—A local educational agency may receive a

subgrant under this part for any fiscal year only if such agency

has on file with the State educational agency a plan, approved

by the State educational agency, that is coordinated with other

programs under this Act, the Individuals with Disabilities Education Act, the Carl D. Perkins Vocational and Technical Education Act of 1998, the McKinney-Vento Homeless Assistance

Act, and other Acts, as appropriate.

‘‘(2) CONSOLIDATED APPLICATION.—The plan may be submitted as part of a consolidated application under section 9305.

‘‘(b) PLAN PROVISIONS.—

‘‘(1) IN GENERAL.—In order to help low-achieving children

meet challenging achievement academic standards, each local

educational agency plan shall include—

‘‘(A) a description of high-quality student academic assessments, if any, that are in addition to the academic assessments described in the State plan under section

1111(b)(3), that the local educational agency and schools

served under this part will use—

‘‘(i) to determine the success of children served

under this part in meeting the State student academic

achievement standards, and to provide information to

teachers, parents, and students on the progress being

made toward meeting the State student academic

achievement standards described in section

1111(b)(1)(D)(ii);

‘‘(ii) to assist in diagnosis, teaching, and learning

in the classroom in ways that best enable low-achieving

children served under this part to meet State student

achievement academic standards and do well in the

local curriculum;

‘‘(iii) to determine what revisions are needed to

projects under this part so that such children meet the

State student academic achievement standards; and

‘‘(iv) to identify effectively students who may be at

risk for reading failure or who are having difficulty

reading, through the use of screening, diagnostic, and

classroom-based instructional reading assessments, as

defined under section 1208;

41

‘‘(B) at the local educational agency’s discretion, a description of any other indicators that will be used in addition to the academic indicators described in section 1111

for the uses described in such section; ‘‘(C) a description of how the local educational agency

will provide additional educational assistance to individual

students assessed as needing help in meeting the State’s

challenging student academic achievement standards; ‘‘(D) a description of the strategy the local educational

agency will use to coordinate programs under this part

with programs under title II to provide professional development for teachers and principals, and, if appropriate,

pupil services personnel, administrators, parents and other

staff, including local educational agency level staff in accordance with sections 1118 and 1119; ‘‘(E) a description of how the local educational agency

will coordinate and integrate services provided under this

part with other educational services at the local educational agency or individual school level, such as— ‘‘(i) Even Start, Head Start, Reading First, Early

Reading First, and other preschool programs, including plans for the transition of participants in such programs to local elementary school programs; and ‘‘(ii) services for children with limited English proficiency, children with disabilities, migratory children,

neglected or delinquent youth, Indian children served

under part A of title VII, homeless children, and immigrant children in order to increase program effectiveness, eliminate duplication, and reduce fragmentation

of the instructional program;

‘‘(F) an assurance that the local educational agency

will participate, if selected, in the State National Assessment of Educational Progress in 4th and 8th grade reading

and mathematics carried out under section 411(b)(2) of the

National Education Statistics Act of 1994;

‘‘(G) a description of the poverty criteria that will be

used to select school attendance areas under section 1113;

‘‘(H) a description of how teachers, in consultation with

parents, administrators, and pupil services personnel, in

targeted assistance schools under section 1115, will identify

the eligible children most in need of services under this

part;

‘‘(I) a general description of the nature of the programs

to be conducted by such agency’s schools under sections

1114 and 1115 and, where appropriate, educational services outside such schools for children living in local institutions for neglected or delinquent children, and for neglected

and delinquent children in community day school programs;

‘‘(J) a description of how the local educational agency

will ensure that migratory children and formerly migratory

children who are eligible to receive services under this part

are selected to receive such services on the same basis as

other children who are selected to receive services under

this part;

42

‘‘(K) if appropriate, a description of how the local educational agency will use funds under this part to support

preschool programs for children, particularly children participating in Early Reading First, or in a Head Start or

Even Start program, which services may be provided directly by the local educational agency or through a subcontract with the local Head Start agency designated by the

Secretary of Health and Human Services under section 641

of the Head Start Act, or an agency operating an Even

Start program, an Early Reading First program, or another comparable public early childhood development program;

‘‘(L) a description of the actions the local educational

agency will take to assist its low-achieving schools identified under section 1116 as in need of improvement;

‘‘(M) a description of the actions the local educational

agency will take to implement public school choice and supplemental services, consistent with the requirements of section 1116;

‘‘(N) a description of how the local educational agency

will meet the requirements of section 1119;

‘‘(O) a description of the services the local educational

agency will provide homeless children, including services

provided with funds reserved under section 1113(c)(3)(A);

‘‘(P) a description of the strategy the local educational

agency will use to implement effective parental involvement

under section 1118; and

‘‘(Q) where appropriate, a description of how the local

educational agency will use funds under this part to support after school, (including before school and summer

school) and school-year extension programs).

‘‘(2) EXCEPTION.—The academic assessments and indicators

described in subparagraphs (A) and (B) of paragraph (1) shall

not be used—

‘‘(A) in lieu of the academic assessments required under

section 1111(b)(3) and other State academic indicators

under section 1111(b)(2); or

‘‘(B) to reduce the number of, or change which, schools

would otherwise be subject to school improvement, corrective action, or restructuring under section 1116, if such additional assessments or indicators described in such subparagraphs were not used, but such assessments and indicators may be used to identify additional schools for school

improvement or in need of corrective action or restructuring.

‘‘(c) ASSURANCES.—

‘‘(1) IN GENERAL.—Each local educational agency plan

shall provide assurances that the local educational agency

will—

‘‘(A) inform eligible schools and parents of schoolwide

program authority and the ability of such schools to consolidate funds from Federal, State, and local sources;

‘‘(B) provide technical assistance and support to

schoolwide programs;

43

‘‘(C) work in consultation with schools as the schools

develop the schools’ plans pursuant to section 1114 and assist schools as the schools implement such plans or undertake activities pursuant to section 1115 so that each school

can make adequate yearly progress toward meeting the

State student academic achievement standards; ‘‘(D) fulfill such agency’s school improvement responsibilities under section 1116, including taking actions

under paragraphs (7) and (8) of section 1116(b); ‘‘(E) provide services to eligible children attending private elementary schools and secondary schools in accordance with section 1120, and timely and meaningful consultation with private school officials regarding such services;‘‘(F) take into account the experience of model programs

for the educationally disadvantaged, and the findings of

relevant scientifically based research indicating that services may be most effective if focused on students in the earliest grades at schools that receive funds under this part; ‘‘(G) in the case of a local educational agency that

chooses to use funds under this part to provide early childhood development services to low-income children below the

age of compulsory school attendance, ensure that such services comply with the performance standards established

under section 641A(a) of the Head Start Act; ‘‘(H) work in consultation with schools as the schools

develop and implement their plans or activities under sections 1118 and 1119; ‘‘(I) comply with the requirements of section 1119 regarding the qualifications of teachers and paraprofessionals and professional development; ‘‘(J) inform eligible schools of the local educational

agency’s authority to obtain waivers on the school’s behalf

under title IX and, if the State is an Ed-Flex Partnership

State, to obtain waivers under the Education Flexibility

Partnership Act of 1999;

‘‘(K) coordinate and collaborate, to the extent feasible

and necessary as determined by the local educational agency, with the State educational agency and other agencies

providing services to children, youth, and families with respect to a school in school improvement, corrective action,

or restructuring under section 1116 if such a school requests assistance from the local educational agency in addressing major factors that have significantly affected student achievement at the school;

‘‘(L) ensure, through incentives for voluntary transfers,

the provision of professional development, recruitment programs, or other effective strategies, that low-income students and minority students are not taught at higher rates

than other students by unqualified, out-of-field, or inexperienced teachers;

‘‘(M) use the results of the student academic assessments required under section 1111(b)(3), and other measures or indicators available to the agency, to review annually the progress of each school served by the agency and

44

receiving funds under this part to determine whether all of

the schools are making the progress necessary to ensure

that all students will meet the State’s proficient level of

achievement on the State academic assessments described

in section 1111(b)(3) within 12 years from the baseline year

described in section 1111(b)(2)(E)(ii);

‘‘(N) ensure that the results from the academic assessments required under section 1111(b)(3) will be provided to

parents and teachers as soon as is practicably possible after

the test is taken, in an understandable and uniform format

and, to the extent practicable, provided in a language that

the parents can understand; and

‘‘(O) assist each school served by the agency and assisted under this part in developing or identifying examples

of high-quality, effective curricula consistent with section

1111(b)(8)(D).

‘‘(2) SPECIAL RULE.—In carrying out subparagraph (G) of

paragraph (1), the Secretary—

‘‘(A) shall consult with the Secretary of Health and

Human Services and shall establish procedures (taking into

consideration existing State and local laws, and local

teacher contracts) to assist local educational agencies to

comply with such subparagraph; and

‘‘(B) shall disseminate to local educational agencies the

Head Start performance standards as in effect under section 641A(a) of the Head Start Act, and such agencies affected by such subparagraph shall plan for the implementation of such subparagraph (taking into consideration existing State and local laws, and local teacher contracts), including pursuing the availability of other Federal, State,

and local funding sources to assist in compliance with such

subparagraph.

‘‘(3) INAPPLICABILITY.—Paragraph (1)(G) of this subsection

shall not apply to preschool programs using the Even Start

model or to Even Start programs that are expanded through the

use of funds under this part.

‘‘(d) PLAN DEVELOPMENT AND DURATION.—

‘‘(1) CONSULTATION.—Each local educational agency plan

shall be developed in consultation with teachers, principals, administrators (including administrators of programs described

in other parts of this title), and other appropriate school personnel, and with parents of children in schools served under

this part.

‘‘(2) DURATION.—Each such plan shall be submitted for the

first year for which this part is in effect following the date of

enactment of the No Child Left Behind Act of 2001 and shall

remain in effect for the duration of the agency’s participation

under this part.

‘‘(3) REVIEW.—Each local educational agency shall periodically review and, as necessary, revise its plan.

‘‘(e) STATE APPROVAL.—

‘‘(1) IN GENERAL.—Each local educational agency plan

shall be filed according to a schedule established by the State

educational agency.

45

‘‘(2) APPROVAL.—The State educational agency shall approve a local educational agency’s plan only if the State educational agency determines that the local educational agency’s

plan— ‘‘(A) enables schools served under this part to substantially help children served under this part meet the academic standards expected of all children described in section 1111(b)(1); and ‘‘(B) meets the requirements of this section. ‘‘(3) REVIEW.—The State educational agency shall review

the local educational agency’s plan to determine if such agencies activities are in accordance with sections 1118 and 1119.

‘‘(f) PROGRAM RESPONSIBILITY.—The local educational agency

plan shall reflect the shared responsibility of schools, teachers, and

the local educational agency in making decisions regarding activities under sections 1114 and 1115. ‘‘(g) PARENTAL NOTIFICATION.— ‘‘(1) IN GENERAL.— ‘‘(A) NOTICE.—Each local educational agency using

funds under this part to provide a language instruction

educational program as determined in part C of title III

shall, not later than 30 days after the beginning of the

school year, inform a parent or parents of a limited English

proficient child identified for participation or participating

in, such a program of— ‘‘(i) the reasons for the identification of their child as

limited English proficient and in need of placement in a

language instruction educational program; ‘‘(ii) the child’s level of English proficiency, how such

level was assessed, and the status of the child’s academic

achievement; ‘‘(iii) the methods of instruction used in the program in

which their child is, or will be participating, and the methods of instruction used in other available programs, including how such programs differ in content, instructional

goals, and the use of English and a native language in instruction;

‘‘(iv) how the program in which their child is, or will

be participating, will meet the educational strengths and

needs of their child;

‘‘(v) how such program will specifically help their child

learn English, and meet age-appropriate academic achievement standards for grade promotion and graduation;

‘‘(vi) the specific exit requirements for the program, including the expected rate of transition from such program

into classrooms that are not tailored for limited English

proficient children, and the expected rate of graduation

from secondary school for such program if funds under this

part are used for children in secondary schools;

‘‘(vii) in the case of a child with a disability, how

such program meets the objectives of the individualized

education program of the child;

‘‘(viii) information pertaining to parental rights

that includes written guidance—

‘‘(I) detailing—

46

‘‘(aa) the right that parents have to have

their child immediately removed from such

program upon their request; and

‘‘(bb) the options that parents have to decline to enroll their child in such program or

to choose another program or method of instruction, if available; and

‘‘(II) assisting parents in selecting among various programs and methods of instruction, if more

than one program or method is offered by the eligible entity.

‘‘(B) SEPARATE NOTIFICATION.—In addition to providing the information required to be provided under paragraph (1), each eligible entity that is using funds provided

under this part to provide a language instruction educational program, and that has failed to make progress on

the annual measurable achievement objectives described in

section 3122 for any fiscal year for which part A is in effect,

shall separately inform a parent or the parents of a child

identified for participation in such program, or participating in such program, of such failure not later than 30

days after such failure occurs.

‘‘(2) NOTICE.—The notice and information provided in

paragraph (1) to a parent or parents of a child identified for

participation in a language instruction educational program for

limited English proficient children shall be in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand.

‘‘(3) SPECIAL RULE APPLICABLE DURING THE SCHOOL YEAR.—

For those children who have not been identified as limited

English proficient prior to the beginning of the school year the

local educational agency shall notify parents within the first 2

weeks of the child being placed in a language instruction educational program consistent with paragraphs (1) and (2).

‘‘(4) PARENTAL PARTICIPATION.—Each local educational

agency receiving funds under this part shall implement an effective means of outreach to parents of limited English proficient students to inform the parents regarding how the parents

can be involved in the education of their children, and be active

participants in assisting their children to attain English proficiency, achieve at high levels in core academic subjects, and

meet challenging State academic achievement standards and

State academic content standards expected of all students, including holding, and sending notice of opportunities for, regular meetings for the purpose of formulating and responding to

recommendations from parents of students assisted under this

part.

‘‘(5) BASIS FOR ADMISSION OR EXCLUSION.—A student shall

not be admitted to, or excluded from, any federally assisted education program on the basis of a surname or language-minority

status.

‘‘SEC. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS.

‘‘(a) DETERMINATION.—

47

‘‘(1) IN GENERAL.—A local educational agency shall use

funds received under this part only in eligible school attendance

areas. ‘‘(2) ELIGIBLE SCHOOL ATTENDANCE AREAS.—For the purposes of this part— ‘‘(A) the term ‘school attendance area’ means, in relation to a particular school, the geographical area in which

the children who are normally served by that school reside;

and ‘‘(B) the term ‘eligible school attendance area’ means a

school attendance area in which the percentage of children

from low-income families is at least as high as the percentage of children from low-income families served by the local

educational agency as a whole.

‘‘(3) RANKING ORDER.—If funds allocated in accordance

with subsection (c) are insufficient to serve all eligible school attendance areas, a local educational agency shall— ‘‘(A) annually rank, without regard to grade spans,

such agency’s eligible school attendance areas in which the

concentration of children from low-income families exceeds

75 percent from highest to lowest according to the percentage of children from low-income families; and ‘‘(B) serve such eligible school attendance areas in rank

order.

‘‘(4) REMAINING FUNDS.—If funds remain after serving all

eligible school attendance areas under paragraph (3), a local

educational agency shall— ‘‘(A) annually rank such agency’s remaining eligible

school attendance areas from highest to lowest either by

grade span or for the entire local educational agency according to the percentage of children from low-income families; and ‘‘(B) serve such eligible school attendance areas in rank

order either within each grade-span grouping or within the

local educational agency as a whole.

‘‘(5) MEASURES.—The local educational agency shall use

the same measure of poverty, which measure shall be the number of children ages 5 through 17 in poverty counted in the most

recent census data approved by the Secretary, the number of

children eligible for free and reduced priced lunches under the

Richard B. Russell National School Lunch Act, the number of

children in families receiving assistance under the State program funded under part A of title IV of the Social Security Act,

or the number of children eligible to receive medical assistance

under the Medicaid program, or a composite of such indicators,

with respect to all school attendance areas in the local educational agency— ‘‘(A) to identify eligible school attendance areas;

‘‘(B) to determine the ranking of each area; and

‘‘(C) to determine allocations under subsection (c).

‘‘(6) EXCEPTION.—This subsection shall not apply to a local

educational agency with a total enrollment of less than 1,000

children.

‘‘(7) WAIVER FOR DESEGREGATION PLANS.—The Secretary

may approve a local educational agency’s written request for a

48

waiver of the requirements of subsections (a) and (c), and permit such agency to treat as eligible, and serve, any school that

children attend with a State-ordered, court-ordered school desegregation plan or a plan that continues to be implemented in

accordance with a State-ordered or court-ordered desegregation

plan, if—

‘‘(A) the number of economically disadvantaged children enrolled in the school is at least 25 percent of the

school’s total enrollment; and ‘‘(B) the Secretary determines on the basis of a written

request from such agency and in accordance with such criteria as the Secretary establishes, that approval of that request would further the purposes of this part. ‘‘(b) LOCAL EDUCATIONAL AGENCY DISCRETION.— ‘‘(1) IN GENERAL.—Notwithstanding subsection (a)(2), a

local educational agency may— ‘‘(A) designate as eligible any school attendance area or

school in which at least 35 percent of the children are from

low-income families; ‘‘(B) use funds received under this part in a school that

is not in an eligible school attendance area, if the percentage of children from low-income families enrolled in the

school is equal to or greater than the percentage of such

children in a participating school attendance area of such

agency; ‘‘(C) designate and serve a school attendance area or

school that is not eligible under this section, but that was

eligible and that was served in the preceding fiscal year,

but only for 1 additional fiscal year; and ‘‘(D) elect not to serve an eligible school attendance

area or eligible school that has a higher percentage of children from low-income families if— ‘‘(i) the school meets the comparability requirements of section 1120A(c);

‘‘(ii) the school is receiving supplemental funds

from other State or local sources that are spent according to the requirements of section 1114 or 1115; and

‘‘(iii) the funds expended from such other sources

equal or exceed the amount that would be provided

under this part.

‘‘(2) SPECIAL RULE.—Notwithstanding paragraph (1)(D), the

number of children attending private elementary schools and

secondary schools who are to receive services, and the assistance

such children are to receive under this part, shall be determined

without regard to whether the public school attendance area in

which such children reside is assisted under subparagraph (A).

‘‘(c) ALLOCATIONS.—

‘‘(1) IN GENERAL.—A local educational agency shall allocate

funds received under this part to eligible school attendance

areas or eligible schools, identified under subsections (a) and

(b), in rank order, on the basis of the total number of children

from low-income families in each area or school.

‘‘(2) SPECIAL RULE.—

‘‘(A) IN GENERAL.—Except as provided in subparagraph

(B), the per-pupil amount of funds allocated to each school

49

attendance area or school under paragraph (1) shall be at

least 125 percent of the per-pupil amount of funds a local

educational agency received for that year under the poverty

criteria described by the local educational agency in the

plan submitted under section 1112, except that this paragraph shall not apply to a local educational agency that

only serves schools in which the percentage of such children

is 35 percent or greater.

‘‘(B) EXCEPTION.—A local educational agency may reduce the amount of funds allocated under subparagraph

(A) for a school attendance area or school by the amount

of any supplemental State and local funds expended in that

school attendance area or school for programs that meet the

requirements of section 1114 or 1115.

‘‘(3) RESERVATION.—A local educational agency shall reserve such funds as are necessary under this part to provide

services comparable to those provided to children in schools

funded under this part to serve—

‘‘(A) homeless children who do not attend participating

schools, including providing educationally related support

services to children in shelters and other locations where

children may live;

‘‘(B) children in local institutions for neglected children; and

‘‘(C) if appropriate, children in local institutions for delinquent children, and neglected or delinquent children in

community day school programs.

‘‘(4) FINANCIAL INCENTIVES AND REWARDS RESERVATION.—A

local educational agency may reserve such funds as are necessary from those funds received by the local educational agency

under title II, and not more than 5 percent of those funds received by the local educational agency under subpart 2, to provide financial incentives and rewards to teachers who serve in

schools eligible under this section and identified for school improvement, corrective action, and restructuring under section

1116(b) for the purpose of attracting and retaining qualified

and effective teachers.

‘‘SEC. 1114. SCHOOLWIDE PROGRAMS.

‘‘(a) USE OF FUNDS FOR SCHOOLWIDE PROGRAMS.—

‘‘(1) IN GENERAL.—A local educational agency may consolidate and use funds under this part, together with other Federal,

State, and local funds, in order to upgrade the entire educational program of a school that serves an eligible school attendance area in which not less than 40 percent of the children

are from low-income families, or not less than 40 percent of the

children enrolled in the school are from such families.

‘‘(2) IDENTIFICATION OF STUDENTS NOT REQUIRED.—

‘‘(A) IN GENERAL.—No school participating in a

schoolwide program shall be required—

‘‘(i) to identify particular children under this part

as eligible to participate in a schoolwide program; or

‘‘(ii) to provide services to such children that are

supplementary, as otherwise required by section

1120A(b).

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‘‘(B) SUPPLEMENTAL FUNDS.—A school participating in

a schoolwide program shall use funds available to carry

out this section only to supplement the amount of funds

that would, in the absence of funds under this part, be

made available from non-Federal sources for the school, including funds needed to provide services that are required

by law for children with disabilities and children with limited English proficiency.

‘‘(3) EXEMPTION FROM STATUTORY AND REGULATORY RE- QUIREMENTS.— ‘‘(A) EXEMPTION.—Except as provided in subsection (b),

the Secretary may, through publication of a notice in the

Federal Register, exempt schoolwide programs under this

section from statutory or regulatory provisions of any other

noncompetitive formula grant program administered by the

Secretary (other than formula or discretionary grant programs under the Individuals with Disabilities Education

Act, except as provided in section 613(a)(2)(D) of such Act),

or any discretionary grant program administered by the

Secretary, to support schoolwide programs if the intent and

purposes of such other programs are met. ‘‘(B) REQUIREMENTS.—A school that chooses to use

funds from such other programs shall not be relieved of the

requirements relating to health, safety, civil rights, student

and parental participation and involvement, services to private school children, maintenance of effort, comparability of

services, uses of Federal funds to supplement, not supplant

non-Federal funds, or the distribution of funds to State

educational agencies or local educational agencies that

apply to the receipt of funds from such programs. ‘‘(C) RECORDS.—A school that consolidates and uses

funds from different Federal programs under this section

shall not be required to maintain separate fiscal accounting

records, by program, that identify the specific activities supported by those particular funds as long as the school

maintains records that demonstrate that the schoolwide

program, considered as a whole, addresses the intent and

purposes of each of the Federal programs that were consolidated to support the schoolwide program.

‘‘(4) PROFESSIONAL DEVELOPMENT.—Each school receiving

funds under this part for any fiscal year shall devote sufficient

resources to effectively carry out the activities described in subsection (b)(1)(D) in accordance with section 1119 for such fiscal

year, except that a school may enter into a consortium with another school to carry out such activities.

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

‘‘(1) IN GENERAL.—A schoolwide program shall include the

following components:

‘‘(A) A comprehensive needs assessment of the entire

school (including taking into account the needs of migratory children as defined in section 1309(2)) that is based on

information which includes the achievement of children in

relation to the State academic content standards and the

State student academic achievement standards described in

section 1111(b)(1).

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‘‘(B) Schoolwide reform strategies that— ‘‘(i) provide opportunities for all children to meet

the State’s proficient and advanced levels of student

academic achievement described in section

1111(b)(1)(D); ‘‘(ii) use effective methods and instructional strategies that are based on scientifically based research

that— ‘‘(I) strengthen the core academic program in

the school; ‘‘(II) increase the amount and quality of learning time, such as providing an extended school

year and before- and after-school and summer programs and opportunities, and help provide an enriched and accelerated curriculum; and ‘‘(III) include strategies for meeting the educational needs of historically underserved populations;

‘‘(iii)(I) include strategies to address the needs of

all children in the school, but particularly the needs of

low-achieving children and those at risk of not meeting

the State student academic achievement standards who

are members of the target population of any program

that is included in the schoolwide program, which may

include—

‘‘(aa) counseling, pupil services, and mentoring

services; ‘‘(bb) college and career awareness and preparation, such as college and career guidance, personal finance education, and innovative teaching

methods, which may include applied learning and

team-teaching strategies; and ‘‘(cc) the integration of vocational and technical education programs; and

‘‘(II) address how the school will determine if such

needs have been met; and

‘‘(iv) are consistent with, and are designed to implement, the State and local improvement plans, if any.

‘‘(C) Instruction by highly qualified teachers.

‘‘(D) In accordance with section 1119 and subsection

(a)(4), high-quality and ongoing professional development

for teachers, principals, and paraprofessionals and, if appropriate, pupil services personnel, parents, and other staff

to enable all children in the school to meet the State’s student academic achievement standards.

‘‘(E) Strategies to attract high-quality highly qualified

teachers to high-need schools.

‘‘(F) Strategies to increase parental involvement in accordance with section 1118, such as family literary services.

‘‘(G) Plans for assisting preschool children in the transition from early childhood programs, such as Head Start,

Even Start, Early Reading First, or a State-run preschool

program, to local elementary school programs.

‘‘(H) Measures to include teachers in the decisions regarding the use of academic assessments described in secVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00055 Fmt 6659 Sfmt 6603 E:\HR\OC\A334HR.019 pfrm07 PsN: A334HR
52

tion 1111(b)(3) in order to provide information on, and to

improve, the achievement of individual students and the

overall instructional program. ‘‘(I) Activities to ensure that students who experience

difficulty mastering the proficient or advanced levels of

academic achievement standards required by section

1111(b)(1) shall be provided with effective, timely additional assistance which shall include measures to ensure

that students’ difficulties are identified on a timely basis

and to provide sufficient information on which to base effective assistance. ‘‘(J) Coordination and integration of Federal, State,

and local services and programs, including programs supported under this Act, violence prevention programs, nutrition programs, housing programs, Head Start, adult education, vocational and technical education, and job training.

‘‘(2) PLAN.— ‘‘(A) IN GENERAL.—Any eligible school that desires to

operate a schoolwide program shall first develop (or amend

a plan for such a program that was in existence on the day

before the date of enactment of the No Child Left Behind

Act of 2001), in consultation with the local educational

agency and its school support team or other technical assistance provider under section 1117, a comprehensive plan

for reforming the total instructional program in the school

that— ‘‘(i) describes how the school will implement the

components described in paragraph (1); ‘‘(ii) describes how the school will use resources

under this part and from other sources to implement

those components; ‘‘(iii) includes a list of State educational agency

and local educational agency programs and other Federal programs under subsection (a)(3) that will be consolidated in the schoolwide program; and

‘‘(iv) describes how the school will provide individual student academic assessment results in a language the parents can understand, including an interpretation of those results, to the parents of a child who

participates in the academic assessments required by

section 1111(b)(3).

‘‘(B) PLAN DEVELOPMENT.—The comprehensive plan

shall be—

‘‘(i) developed during a one-year period, unless—

‘‘(I) the local educational agency, after considering the recommendation of the technical assistance providers under section 1117, determines that

less time is needed to develop and implement the

schoolwide program; or ‘‘(II) the school is operating a schoolwide program on the day preceding the date of enactment

of the No Child Left Behind Act of 2001, in which

case such school may continue to operate such program, but shall develop amendments to its existing

53

plan during the first year of assistance after that

date to reflect the provisions of this section;

‘‘(ii) developed with the involvement of parents and

other members of the community to be served and individuals who will carry out such plan, including teachers, principals, and administrators (including administrators of programs described in other parts of this

title), and, if appropriate, pupil services personnel,

technical assistance providers, school staff, and, if the

plan relates to a secondary school, students from such

school;

‘‘(iii) in effect for the duration of the school’s participation under this part and reviewed and revised, as

necessary, by the school;

‘‘(iv) available to the local educational agency, parents, and the public, and the information contained in

such plan shall be in an understandable and uniform

format and, to the extent practicable, provided in a

language that the parents can understand; and

‘‘(v) if appropriate, developed in coordination with

programs under Reading First, Early Reading First,

Even Start, Carl D. Perkins Vocational and Technical

Education Act of 1998, and the Head Start Act.

‘‘(c) PREKINDERGARTEN PROGRAM.—A school that is eligible for

a schoolwide program under this section may use funds made available under this part to establish or enhance prekindergarten programs for children below the age of 6, such as Even Start programs

or Early Reading First programs.

‘‘SEC. 1115. TARGETED ASSISTANCE SCHOOLS.

‘‘(a) IN GENERAL.—In all schools selected to receive funds under

section 1113(c) that are ineligible for a schoolwide program under

section 1114, or that choose not to operate such a schoolwide program, a local educational agency serving such school may use funds

received under this part only for programs that provide services to

eligible children under subsection (b) identified as having the greatest need for special assistance.

‘‘(b) ELIGIBLE CHILDREN.—

‘‘(1) ELIGIBLE POPULATION.—

‘‘(A) IN GENERAL.—The eligible population for services

under this section is—

‘‘(i) children not older than age 21 who are entitled

to a free public education through grade 12; and

‘‘(ii) children who are not yet at a grade level at

which the local educational agency provides a free public education.

‘‘(B) ELIGIBLE CHILDREN FROM ELIGIBLE POPULATION.—

From the population described in subparagraph (A), eligible children are children identified by the school as failing,

or most at risk of failing, to meet the State’s challenging

student academic achievement standards on the basis of

multiple, educationally related, objective criteria established by the local educational agency and supplemented by

the school, except that children from preschool through

grade 2 shall be selected solely on the basis of such criteria

54

as teacher judgment, interviews with parents, and developmentally appropriate measures.

‘‘(2) CHILDREN INCLUDED.—

‘‘(A) IN GENERAL.—Children who are economically disadvantaged, children with disabilities, migrant children or

limited English proficient children, are eligible for services

under this part on the same basis as other children selected

to receive services under this part.

‘‘(B) HEAD START, EVEN START, OR EARLY READING

FIRST CHILDREN.—A child who, at any time in the 2 years

preceding the year for which the determination is made,

participated in a Head Start, Even Start, or Early Reading

First program, or in preschool services under this title, is

eligible for services under this part.

‘‘(C) PART C CHILDREN.—A child who, at any time in

the 2 years preceding the year for which the determination

is made, received services under part C is eligible for services under this part.

‘‘(D) NEGLECTED OR DELINQUENT CHILDREN.—A child

in a local institution for neglected or delinquent children

and youth or attending a community day program for such

children is eligible for services under this part.

‘‘(E) HOMELESS CHILDREN.—A child who is homeless

and attending any school served by the local educational

agency is eligible for services under this part.

‘‘(3) SPECIAL RULE.—Funds received under this part may

not be used to provide services that are otherwise required by

law to be made available to children described in paragraph (2)

but may be used to coordinate or supplement such services.

‘‘(c) COMPONENTS OF A TARGETED ASSISTANCE SCHOOL PROGRAM.—

‘‘(1) IN GENERAL.—To assist targeted assistance schools and

local educational agencies to meet their responsibility to provide

for all their students served under this part the opportunity to

meet the State’s challenging student academic achievement

standards in subjects as determined by the State, each targeted

assistance program under this section shall—

‘‘(A) use such program’s resources under this part to

help participating children meet such State’s challenging

student academic achievement standards expected for all

children;

‘‘(B) ensure that planning for students served under

this part is incorporated into existing school planning;

‘‘(C) use effective methods and instructional strategies

that are based on scientifically based research that

strengthens the core academic program of the school and

that—

‘‘(i) give primary consideration to providing extended learning time, such as an extended school year,

before- and after-school, and summer programs and

opportunities;

‘‘(ii) help provide an accelerated, high-quality curriculum, including applied learning; and

55

‘‘(iii) minimize removing children from the regular

classroom during regular school hours for instruction

provided under this part;

‘‘(D) coordinate with and support the regular education

program, which may include services to assist preschool

children in the transition from early childhood programs

such as Head Start, Even Start, Early Reading First or

State-run preschool programs to elementary school programs; ‘‘(E) provide instruction by highly qualified teachers;

‘‘(F) in accordance with subsection (e)(3) and section

1119, provide opportunities for professional development

with resources provided under this part, and, to the extent

practicable, from other sources, for teachers, principals,

and paraprofessionals, including, if appropriate, pupil

services personnel, parents, and other staff, who work with

participating children in programs under this section or in

the regular education program; ‘‘(G) provide strategies to increase parental involvement

in accordance with section 1118, such as family literacy

services; and ‘‘(H) coordinate and integrate Federal, State, and local

services and programs, including programs supported

under this Act, violence prevention programs, nutrition programs, housing programs, Head Start, adult education, vocational and technical education, and job training.

‘‘(2) REQUIREMENTS.—Each school conducting a program

under this section shall assist participating children selected in

accordance with subsection (b) to meet the State’s proficient and

advanced levels of achievement by— ‘‘(A) the coordinating of resources provided under this

part with other resources; and ‘‘(B) reviewing, on an ongoing basis, the progress of

participating children and revising the targeted assistance

program, if necessary, to provide additional assistance to

enable such children to meet the State’s challenging student

academic achievement standards, such as an extended

school year, before- and after-school, and summer programs

and opportunities, training for teachers regarding how to

identify students who need additional assistance, and

training for teachers regarding how to implement student

academic achievement standards in the classroom.

‘‘(d) INTEGRATION OF PROFESSIONAL DEVELOPMENT.—To promote the integration of staff supported with funds under this part

into the regular school program and overall school planning and

improvement efforts, public school personnel who are paid with

funds received under this part may—

‘‘(1) participate in general professional development and

school planning activities; and ‘‘(2) assume limited duties that are assigned to similar personnel who are not so paid, including duties beyond classroom

instruction or that do not benefit participating children, so long

as the amount of time spent on such duties is the same proportion of total work time as prevails with respect to similar personnel at the same school.

56

‘‘(e) SPECIAL RULES.—

‘‘(1) SIMULTANEOUS SERVICE.—Nothing in this section shall

be construed to prohibit a school from serving students under

this section simultaneously with students with similar educational needs, in the same educational settings where appropriate.

‘‘(2) COMPREHENSIVE SERVICES.—If—

‘‘(A) health, nutrition, and other social services are not

otherwise available to eligible children in a targeted assistance school and such school, if appropriate, has engaged in

a comprehensive needs assessment and established a collaborative partnership with local service providers; and

‘‘(B) funds are not reasonably available from other public or private sources to provide such services, then a portion of the funds provided under this part may be used as

a last resort to provide such services, including—

‘‘(i) the provision of basic medical equipment, such

as eyeglasses and hearing aids;

‘‘(ii) compensation of a coordinator; and

‘‘(iii) professional development necessary to assist

teachers, pupil services personnel, other staff, and parents in identifying and meeting the comprehensive

needs of eligible children.

‘‘(3) PROFESSIONAL DEVELOPMENT.—Each school receiving

funds under this part for any fiscal year shall devote sufficient

resources to carry out effectively the professional development

activities described in subparagraph (F) of subsection (c)(1) in

accordance with section 1119 for such fiscal year, and a school

may enter into a consortium with another school to carry out

such activities.

‘‘SEC. 1116. ACADEMIC ASSESSMENT AND LOCAL EDUCATIONAL AGENCY AND SCHOOL IMPROVEMENT.

‘‘(a) LOCAL REVIEW.—

‘‘(1) IN GENERAL.—Each local educational agency receiving

funds under this part shall—

‘‘(A) use the State academic assessments and other indicators described in the State plan to review annually the

progress of each school served under this part to determine

whether the school is making adequate yearly progress as

defined in section 1111(b)(2);

‘‘(B) at the local educational agency’s discretion, use

any academic assessments or any other academic indicators

described in the local educational agency’s plan under section 1112(b)(1)(A) and (B) to review annually the progress

of each school served under this part to determine whether

the school is making adequate yearly progress as defined in

section 1111(b)(2), except that the local educational agency

may not use such indicators (other than as provided for in

section 1111(b)(2)(I)) if the indicators reduce the number or

change the schools that would otherwise be subject to school

improvement, corrective action, or restructuring under section 1116 if such additional indicators were not used, but

may identify additional schools for school improvement or

in need of corrective action or restructuring;

57

‘‘(C) publicize and disseminate the results of the local

annual review described in paragraph (1) to parents, teachers, principals, schools, and the community so that the

teachers, principals, other staff, and schools can continually refine, in an instructionally useful manner, the program of instruction to help all children served under this

part meet the challenging State student academic achievement standards established under section 1111(b)(1); and ‘‘(D) review the effectiveness of the actions and activities the schools are carrying out under this part with respect to parental involvement, professional development,

and other activities assisted under this part.

‘‘(2) AVAILABLE RESULTS.—The State educational agency

shall ensure that the results of State academic assessments administered in that school year are available to the local educational agency before the beginning of the next school year.

‘‘(b) SCHOOL IMPROVEMENT.— ‘‘(1) GENERAL REQUIREMENTS.— ‘‘(A) IDENTIFICATION.—Subject to subparagraph (C), a

local educational agency shall identify for school improvement any elementary school or secondary school served

under this part that fails, for 2 consecutive years, to make

adequate yearly progress as defined in the State’s plan

under section 1111(b)(2). ‘‘(B) DEADLINE.—The identification described in subparagraph (A) shall take place before the beginning of the

school year following such failure to make adequate yearly

progress. ‘‘(C) APPLICATION.—Subparagraph (A) shall not apply

to a school if almost every student in each group specified

in section 1111(b)(2)(C)(v) enrolled in such school is meeting or exceeding the State’s proficient level of academic

achievement. ‘‘(D) TARGETED ASSISTANCE SCHOOLS.—To determine if

an elementary school or a secondary school that is conducting a targeted assistance program under section 1115

should be identified for school improvement, corrective action, or restructuring under this section, a local educational

agency may choose to review the progress of only the students in the school who are served, or are eligible for services, under this part.

‘‘(E) PUBLIC SCHOOL CHOICE.—

‘‘(i) IN GENERAL.—In the case of a school identified

for school improvement under this paragraph, the local

educational agency shall, not later than the first day of

the school year following such identification, provide

all students enrolled in the school with the option to

transfer to another public school served by the local

educational agency, which may include a public charter school, that has not been identified for school improvement under this paragraph, unless such an option

is prohibited by State law. ‘‘(ii) RULE.—In providing students the option to

transfer to another public school, the local educational

agency shall give priority to the lowest achieving chilVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00061 Fmt 6659 Sfmt 6603 E:\HR\OC\A334HR.021 pfrm07 PsN: A334HR
58

dren from low-income families, as determined by the

local educational agency for purposes of allocating

funds to schools under section 1113(c)(1).

‘‘(F) TRANSFER.—Students who use the option to transfer under subparagraph (E) and paragraph (5)(A), (7)(C)(i),

or (8)(A)(i) or subsection (c)(10)(C)(vii) shall be enrolled in

classes and other activities in the public school to which the

students transfer in the same manner as all other children

at the public school.

‘‘(2) OPPORTUNITY TO REVIEW AND PRESENT EVIDENCE; TIME

LIMIT.— ‘‘(A) IDENTIFICATION.—Before identifying an elementary

school or a secondary school for school improvement under

paragraphs (1) or (5)(A), for corrective action under paragraph (7), or for restructuring under paragraph (8), the

local educational agency shall provide the school with an

opportunity to review the school-level data, including academic assessment data, on which the proposed identification is based. ‘‘(B) EVIDENCE.—If the principal of a school proposed

for identification under paragraph (1), (5)(A), (7), or (8) believes, or a majority of the parents of the students enrolled

in such school believe, that the proposed identification is in

error for statistical or other substantive reasons, the principal may provide supporting evidence to the local educational agency, which shall consider that evidence before

making a final determination. ‘‘(C) FINAL DETERMINATION.—Not later than 30 days

after a local educational agency provides the school with

the opportunity to review such school-level data, the local

educational agency shall make public a final determination

on the status of the school with respect to the identification.

‘‘(3) SCHOOL PLAN.— ‘‘(A) REVISED PLAN.—After the resolution of a review

under paragraph (2), each school identified under paragraph (1) for school improvement shall, not later than 3

months after being so identified, develop or revise a school

plan, in consultation with parents, school staff, the local

educational agency serving the school, and outside experts,

for approval by such local educational agency. The school

plan shall cover a 2-year period and—

‘‘(i) incorporate strategies based on scientifically

based research that will strengthen the core academic

subjects in the school and address the specific academic issues that caused the school to be identified for

school improvement, and may include a strategy for the

implementation of a comprehensive school reform

model that includes each of the components described

in part F;

‘‘(ii) adopt policies and practices concerning the

school’s core academic subjects that have the greatest

likelihood of ensuring that all groups of students specified in section 1111(b)(2)(C)(v) and enrolled in the

school will meet the State’s proficient level of achievement on the State academic assessment described in

59

section 1111(b)(3) not later than 12 years after the end

of the 2001–2002 school year;

‘‘(iii) provide an assurance that the school will

spend not less than 10 percent of the funds made available to the school under section 1113 for each fiscal

year that the school is in school improvement status,

for the purpose of providing to the school’s teachers

and principal high-quality professional development

that—

‘‘(I) directly addresses the academic achievement problem that caused the school to be identified for school improvement;

‘‘(II) meets the requirements for professional

development activities under section 1119; and

‘‘(III) is provided in a manner that affords increased opportunity for participating in that professional development;

‘‘(iv) specify how the funds described in clause (iii)

will be used to remove the school from school improvement status;

‘‘(v) establish specific annual, measurable objectives for continuous and substantial progress by each

group of students specified in section 1111(b)(2)(C)(v)

and enrolled in the school that will ensure that all

such groups of students will, in accordance with adequate yearly progress as defined in section 1111(b)(2),

meet the State’s proficient level of achievement on the

State academic assessment described in section

1111(b)(3) not later than 12 years after the end of the

2001–2002 school year;

‘‘(vi) describe how the school will provide written

notice about the identification to parents of each student enrolled in such school, in a format and, to the extent practicable, in a language that the parents can understand;

‘‘(vii) specify the responsibilities of the school, the

local educational agency, and the State educational

agency serving the school under the plan, including the

technical assistance to be provided by the local educational agency under paragraph (4) and the local educational agency’s responsibilities under section 1120A;

‘‘(viii) include strategies to promote effective parental involvement in the school;

‘‘(ix) incorporate, as appropriate, activities before

school, after school, during the summer, and during

any extension of the school year; and

‘‘(x) incorporate a teacher mentoring program.

‘‘(B) CONDITIONAL APPROVAL.—The local educational

agency may condition approval of a school plan under this

paragraph on—

‘‘(i) inclusion of one or more of the corrective actions specified in paragraph (7)(C)(iv); or

‘‘(ii) feedback on the school improvement plan from

parents and community leaders.

60

‘‘(C) PLAN IMPLEMENTATION.—Except as provided in

subparagraph (D), a school shall implement the school plan

(including a revised plan) expeditiously, but not later than

the beginning of the next full school year following the

identification under paragraph (1). ‘‘(D) PLAN APPROVED DURING SCHOOL YEAR.—Notwithstanding subparagraph (C), if a plan is not approved prior

to the beginning of a school year, such plan shall be implemented immediately upon approval. ‘‘(E) LOCAL EDUCATIONAL AGENCY APPROVAL.—The

local educational agency, within 45 days of receiving a

school plan, shall— ‘‘(i) establish a peer review process to assist with

review of the school plan; and ‘‘(ii) promptly review the school plan, work with

the school as necessary, and approve the school plan if

the plan meets the requirements of this paragraph. ‘‘(4) TECHNICAL ASSISTANCE.— ‘‘(A) IN GENERAL.—For each school identified for school

improvement under paragraph (1), the local educational

agency serving the school shall ensure the provision of technical assistance as the school develops and implements the

school plan under paragraph (3) throughout the plan’s duration. ‘‘(B) SPECIFIC ASSISTANCE.—Such technical

assistance—

‘‘(i) shall include assistance in analyzing data

from the assessments required under section 1111(b)(3),

and other examples of student work, to identify and

address, problems in instruction and problems, if any,

in implementing the parental involvement requirements described in section 1118, the professional development requirements described in section 1119, and

the responsibilities of the school and local educational

agency under the school plan, and to identify and address solutions to such problems;

‘‘(ii) shall include assistance in identifying and implementing professional development, instructional

strategies, and methods of instruction that are based

on scientifically based research and that have proven

effective in addressing the specific instructional issues

that caused the school to be identified for school improvement;

‘‘(iii) shall include assistance in analyzing and revising the school’s budget so that the school’s resources

are more effectively allocated to the activities most likely to increase student academic achievement and to remove the school from school improvement status; and

‘‘(iv) may be provided—

‘‘(I) by the local educational agency, through

mechanisms authorized under section 1117; or

‘‘(II) by the State educational agency, an institution of higher education (that is in full compliance with all the reporting provisions of title II of

the Higher Education Act of 1965), a private notVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00064 Fmt 6659 Sfmt 6603 E:\HR\OC\A334HR.022 pfrm07 PsN: A334HR
61

for-profit organization or for-profit organization,

an educational service agency, or another entity

with experience in helping schools improve academic achievement.

‘‘(C) SCIENTIFICALLY BASED RESEARCH.—Technical assistance provided under this section by a local educational

agency or an entity approved by that agency shall be based

on scientifically based research.

‘‘(5) FAILURE TO MAKE ADEQUATE YEARLY PROGRESS AFTER

IDENTIFICATION.—In the case of any school served under this

part that fails to make adequate yearly progress, as defined by

the State under section 1111(b)(2), by the end of the first full

school year after identification under paragraph (1), the local

educational agency serving such school—

‘‘(A) shall continue to provide all students enrolled in

the school with the option to transfer to another public

school served by the local educational agency in accordance

with subparagraphs (E) and (F);

‘‘(B) shall make supplemental educational services

available consistent with subsection (e)(1); and

‘‘(C) shall continue to provide technical assistance.

‘‘(6) NOTICE TO PARENTS.—A local educational agency shall

promptly provide to a parent or parents (in an understandable

and uniform format and, to the extent practicable, in a language the parents can understand) of each student enrolled in

an elementary school or a secondary school identified for school

improvement under paragraph (1), for corrective action under

paragraph (7), or for restructuring under paragraph (8)—

‘‘(A) an explanation of what the identification means,

and how the school compares in terms of academic achievement to other elementary schools or secondary schools

served by the local educational agency and the State educational agency involved;

‘‘(B) the reasons for the identification;

‘‘(C) an explanation of what the school identified for

school improvement is doing to address the problem of low

achievement;

‘‘(D) an explanation of what the local educational agency or State educational agency is doing to help the school

address the achievement problem;

‘‘(E) an explanation of how the parents can become involved in addressing the academic issues that caused the

school to be identified for school improvement; and

‘‘(F) an explanation of the parents’ option to transfer

their child to another public school under paragraphs

(1)(E), (5)(A), (7)(C)(i), (8)(A)(i), and subsection

(c)(10)(C)(vii) (with transportation provided by the agency

when required by paragraph (9)) or to obtain supplemental

educational services for the child, in accordance with subsection (e).

‘‘(7) CORRECTIVE ACTION.—

‘‘(A) IN GENERAL.—In this subsection, the term ‘corrective action’ means action, consistent with State law, that—

‘‘(i) substantially and directly responds to—

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‘‘(I) the consistent academic failure of a school

that caused the local educational agency to take

such action; and ‘‘(II) any underlying staffing, curriculum, or

other problems in the school; and

‘‘(ii) is designed to increase substantially the likelihood that each group of students described in

1111(b)(2)(C) enrolled in the school identified for corrective action will meet or exceed the State’s proficient

levels of achievement on the State academic assessments described in section 1111(b)(3).

‘‘(B) SYSTEM.—In order to help students served under

this part meet challenging State student academic achievement standards, each local educational agency shall implement a system of corrective action in accordance with subparagraphs (C) through (E). ‘‘(C) ROLE OF LOCAL EDUCATIONAL AGENCY.—In the

case of any school served by a local educational agency

under this part that fails to make adequate yearly progress,

as defined by the State under section 1111(b)(2), by the end

of the second full school year after the identification under

paragraph (1), the local educational agency shall— ‘‘(i) continue to provide all students enrolled in the

school with the option to transfer to another public

school served by the local educational agency, in accordance with paragraph (1)(E) and (F); ‘‘(ii) continue to provide technical assistance consistent with paragraph (4) while instituting any corrective action under clause (iv); ‘‘(iii) continue to make supplemental educational

services available, in accordance with subsection (e), to

children who remain in the school; and ‘‘(iv) identify the school for corrective action and

take at least one of the following corrective actions:

‘‘(I) Replace the school staff who are relevant

to the failure to make adequate yearly progress.

‘‘(II) Institute and fully implement a new curriculum, including providing appropriate professional development for all relevant staff, that is

based on scientifically based research and offers

substantial promise of improving educational

achievement for low-achieving students and enabling the school to make adequate yearly progress.

‘‘(III) Significantly decrease management authority at the school level.

‘‘(IV) Appoint an outside expert to advise the

school on its progress toward making adequate

yearly progress, based on its school plan under

paragraph (3).

‘‘(V) Extend the school year or school day for

the school.

‘‘(VI) Restructure the internal organizational

structure of the school.

‘‘(D) DELAY.—Notwithstanding any other provision of

this paragraph, the local educational agency may delay, for

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a period not to exceed 1 year, implementation of the requirements under paragraph (5), corrective action under

this paragraph, or restructuring under paragraph (8) if the

school makes adequate yearly progress for 1 year or if its

failure to make adequate yearly progress is due to exceptional or uncontrollable circumstances, such as a natural

disaster or a precipitous and unforeseen decline in the financial resources of the local educational agency or school.

No such period shall be taken into account in determining

the number of consecutive years of failure to make adequate

yearly progress. ‘‘(E) PUBLICATION AND DISSEMINATION.—The local educational agency shall publish and disseminate information

regarding any corrective action the local educational agency

takes under this paragraph at a school— ‘‘(i) to the public and to the parents of each student

enrolled in the school subject to corrective action; ‘‘(ii) in an understandable and uniform format

and, to the extent practicable, provided in a language

that the parents can understand; and ‘‘(iii) through such means as the Internet, the

media, and public agencies. ‘‘(8) RESTRUCTURING.— ‘‘(A) FAILURE TO MAKE ADEQUATE YEARLY PROGRESS.— If, after 1 full school year of corrective action under paragraph (7), a school subject to such corrective action continues to fail to make adequate yearly progress, then the

local educational agency shall— ‘‘(i) continue to provide all students enrolled in the

school with the option to transfer to another public

school served by the local educational agency, in accordance with paragraph (1)(E) and (F); ‘‘(ii) continue to make supplemental educational

services available, in accordance with subsection (e), to

children who remain in the school; and

‘‘(iii) prepare a plan and make necessary arrangements to carry out subparagraph (B).

‘‘(B) ALTERNATIVE GOVERNANCE.—Not later than the

beginning of the school year following the year in which the

local educational agency implements subparagraph (A), the

local educational agency shall implement one of the following alternative governance arrangements for the school

consistent with State law: ‘‘(i) Reopening the school as a public charter

school. ‘‘(ii) Replacing all or most of the school staff

(which may include the principal) who are relevant to

the failure to make adequate yearly progress. ‘‘(iii) Entering into a contract with an entity, such

as a private management company, with a demonstrated record of effectiveness, to operate the public

school.

‘‘(iv) Turning the operation of the school over to the

State, if permitted under State law and agreed to by

the State.

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‘‘(v) Any other major restructuring of the school’s

governance arrangement that makes fundamental reforms, such as significant changes in the school’s staffing and governance, to improve student academic

achievement in the school and that has substantial

promise of enabling the school to make adequate yearly

progress as defined in the State plan under section

1111(b)(2). In the case of a rural local educational

agency with a total of less than 600 students in average daily attendance at the schools that are served by

the agency and all of whose schools have a School Locale Code of 7 or 8, as determined by the Secretary, the

Secretary shall, at such agency’s request, provide technical assistance to such agency for the purpose of implementing this clause.

‘‘(C) PROMPT NOTICE.—The local educational agency

shall—

‘‘(i) provide prompt notice to teachers and parents

whenever subparagraph (A) or (B) applies; and

‘‘(ii) provide the teachers and parents with an adequate opportunity to—

‘‘(I) comment before taking any action under

those subparagraphs; and

‘‘(II) participate in developing any plan under

subparagraph (A)(iii).

‘‘(9) TRANSPORTATION.—In any case described in paragraph

(1)(E) for schools described in paragraphs (1)(A), (5), (7)(C)(i),

and (8)(A), and subsection (c)(10)(C)(vii), the local educational

agency shall provide, or shall pay for the provision of, transportation for the student to the public school the student attends.

‘‘(10) FUNDS FOR TRANSPORTATION AND SUPPLEMENTAL

EDUCATIONAL SERVICES.—

‘‘(A) IN GENERAL.—Unless a lesser amount is needed to

comply with paragraph (9) and to satisfy all requests for

supplemental educational services under subsection (e), a

local educational agency shall spend an amount equal to

20 percent of its allocation under subpart 2, from which the

agency shall spend—

‘‘(i) an amount equal to 5 percent of its allocation

under subpart 2 to provide, or pay for, transportation

under paragraph (9);

‘‘(ii) an amount equal to 5 percent of its allocation

under subpart 2 to provide supplemental educational

services under subsection (e); and

‘‘(iii) an amount equal to the remaining 10 percent

of its allocation under subpart 2 for transportation

under paragraph (9), supplemental educational services under subsection (e), or both, as the agency determines.

‘‘(B) TOTAL AMOUNT.—The total amount described in

subparagraph (A)(ii) is the maximum amount the local

educational agency shall be required to spend under this

part on supplemental educational services described in subsection (e).

65

‘‘(C) INSUFFICIENT FUNDS.—If the amount of funds described in subparagraph (A)(ii) or (iii) and available to provide services under this subsection is insufficient to provide

supplemental educational services to each child whose parents request the services, the local educational agency shall

give priority to providing the services to the lowest-achieving children. ‘‘(D) PROHIBITION.—A local educational agency shall

not, as a result of the application of this paragraph, reduce

by more than 15 percent the total amount made available

under section 1113(c) to a school described in paragraph

(7)(C) or (8)(A) of subsection (b).

‘‘(11) COOPERATIVE AGREEMENT.—In any case described in

paragraph (1)(E), (5)(A), (7)(C)(i), or (8)(A)(i), or subsection

(c)(10)(C)(vii) if all public schools served by the local educational agency to which a child may transfer are identified for

school improvement, corrective action or restructuring, the agency shall, to the extent practicable, establish a cooperative agreement with other local educational agencies in the area for a

transfer. ‘‘(12) DURATION.—If any school identified for school improvement, corrective action, or restructuring makes adequate

yearly progress for 2 consecutive school years, the local educational agency shall no longer subject the school to the requirements of school improvement, corrective action, or restructuring

or identify the school for school improvement for the succeeding

school year. ‘‘(13) SPECIAL RULE.—A local educational agency shall permit a child who transferred to another school under this subsection to remain in that school until the child has completed

the highest grade in that school. The obligation of the local educational agency to provide, or to provide for, transportation for

the child ends at the end of a school year if the local educational agency determines that the school from which the child

transferred is no longer identified for school improvement or

subject to corrective action or restructuring.

‘‘(14) STATE EDUCATIONAL AGENCY RESPONSIBILITIES.—The

State educational agency shall— ‘‘(A) make technical assistance under section 1117

available to schools identified for school improvement, corrective action, or restructuring under this subsection consistent with section 1117(a)(2); ‘‘(B) if the State educational agency determines that a

local educational agency failed to carry out its responsibilities under this subsection, take such corrective actions as

the State educational agency determines to be appropriate

and in compliance with State law; ‘‘(C) ensure that academic assessment results under

this part are provided to schools before any identification

of a school may take place under this subsection; and

‘‘(D) for local educational agencies or schools identified

for improvement under this subsection, notify the Secretary

of major factors that were brought to the attention of the

State educational agency under section 1111(b)(9) that have

significantly affected student academic achievement.

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‘‘(c) STATE REVIEW AND LOCAL EDUCATIONAL AGENCY IMPROVEMENT.—

‘‘(1) IN GENERAL.—A State shall—

‘‘(A) annually review the progress of each local educational agency receiving funds under this part to determine whether schools receiving assistance under this part

are making adequate yearly progress as defined in section

1111(b)(2) toward meeting the State’s student academic

achievement standards and to determine if each local educational agency is carrying out its responsibilities under

this section and sections 1117, 1118, and 1119; and

‘‘(B) publicize and disseminate to local educational

agencies, teachers and other staff, parents, students, and

the community the results of the State review, including

statistically sound disaggregated results, as required by

section 1111(b)(2).

‘‘(2) REWARDS.—In the case of a local educational agency

that, for 2 consecutive years, has exceeded adequate yearly

progress as defined in the State plan under section 1111(b)(2),

the State may make rewards of the kinds described under section 1117 to the agency.

‘‘(3) IDENTIFICATION OF LOCAL EDUCATIONAL AGENCY FOR

IMPROVEMENT.—A State shall identify for improvement any

local educational agency that, for 2 consecutive years, including

the period immediately prior to the date of enactment of the No

Child Left Behind Act of 2001, failed to make adequate yearly

progress as defined in the State’s plan under section 1111(b)(2).

‘‘(4) TARGETED ASSISTANCE SCHOOLS.—When reviewing targeted assistance schools served by a local educational agency, a

State educational agency may choose to review the progress of

only the students in such schools who are served, or are eligible

for services, under this part.

‘‘(5) OPPORTUNITY TO REVIEW AND PRESENT EVIDENCE.—

‘‘(A) REVIEW.—Before identifying a local educational

agency for improvement under paragraph (3) or corrective

action under paragraph (10), a State educational agency

shall provide the local educational agency with an opportunity to review the data, including academic assessment

data, on which the proposed identification is based.

‘‘(B) EVIDENCE.—If the local educational agency believes that the proposed identification is in error for statistical or other substantive reasons, the agency may provide

supporting evidence to the State educational agency, which

shall consider the evidence before making a final determination not later than 30 days after the State educational

agency provides the local educational agency with the opportunity to review such data under subparagraph (A).

‘‘(6) NOTIFICATION TO PARENTS.—The State educational

agency shall promptly provide to the parents (in a format and,

to the extent practicable, in a language the parents can understand) of each student enrolled in a school served by a local

educational agency identified for improvement, the results of

the review under paragraph (1) and, if the agency is identified

for improvement, the reasons for that identification and how

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parents can participate in upgrading the quality of the local

educational agency. ‘‘(7) LOCAL EDUCATIONAL AGENCY REVISIONS.— ‘‘(A) PLAN.—Each local educational agency identified

under paragraph (3) shall, not later than 3 months after

being so identified, develop or revise a local educational

agency plan, in consultation with parents, school staff, and

others. Such plan shall— ‘‘(i) incorporate scientifically-based research strategies that strengthen the core academic program in

schools served by the local educational agency; ‘‘(ii) identify actions that have the greatest likelihood of improving the achievement of participating

children in meeting the State’s student academic

achievement standards; ‘‘(iii) address the professional development needs of

the instructional staff serving the agency by committing to spend not less than 10 percent of the funds received by the local educational agency under subpart 2

for each fiscal year in which the agency is identified for

improvement for professional development (including

funds reserved for professional development under subsection (b)(3)(A)(iii)), but excluding funds reserved for

professional development under section 1119; ‘‘(iv) include specific measurable achievement goals

and targets for each of the groups of students identified

in the disaggregated data pursuant to section

1111(b)(2)(C)(v), consistent with adequate yearly

progress as defined under section 1111(b)(2); ‘‘(v) address the fundamental teaching and learning needs in the schools of that agency, and the specific

academic problems of low-achieving students, including a determination of why the local educational agency’s prior plan failed to bring about increased student

academic achievement;

‘‘(vi) incorporate, as appropriate, activities before

school, after school, during the summer, and during an

extension of the school year;

‘‘(vii) specify the responsibilities of the State educational agency and the local educational agency under

the plan, including specifying the technical assistance

to be provided by the State educational agency under

paragraph (9) and the local educational agency’s responsibilities under section 1120A; and

‘‘(viii) include strategies to promote effective parental involvement in the school.

‘‘(B) IMPLEMENTATION.—The local educational agency

shall implement the plan (including a revised plan) expeditiously, but not later than the beginning of the next school

year after the school year in which the agency was identified for improvement.

‘‘(9) STATE EDUCATIONAL AGENCY RESPONSIBILITY.— ‘‘(A) TECHNICAL OR OTHER ASSISTANCE.—For each local

educational agency identified under paragraph (3), the

State educational agency shall provide technical or other

68

assistance if requested, as authorized under section 1117, to

better enable the local educational agency to— ‘‘(i) develop and implement the local educational

agency’s plan; and ‘‘(ii) work with schools needing improvement. ‘‘(B) METHODS AND STRATEGIES.—Technical assistance

provided under this section by the State educational agency

or an entity authorized by such agency shall be supported

by effective methods and instructional strategies based on

scientifically based research. Such technical assistance

shall address problems, if any, in implementing the parental involvement activities described in section 1118 and the

professional development activities described in section

1119.

‘‘(10) CORRECTIVE ACTION.—In order to help students

served under this part meet challenging State student academic

achievement standards, each State shall implement a system of

corrective action in accordance with the following: ‘‘(A) DEFINITION.—As used in this paragraph, the term ‘corrective action’ means action, consistent with State law,

that— ‘‘(i) substantially and directly responds to the consistent academic failure that caused the State to take

such action and to any underlying staffing, curricular,

or other problems in the agency; and ‘‘(ii) is designed to meet the goal of having all students served under this part achieve at the proficient

and advanced student academic achievement levels.

‘‘(B) GENERAL REQUIREMENTS.—After providing technical assistance under paragraph (9) and subject to subparagraph (E), the State— ‘‘(i) may take corrective action at any time with respect to a local educational agency that has been identified under paragraph (3);

‘‘(ii) shall take corrective action with respect to any

local educational agency that fails to make adequate

yearly progress, as defined by the State, by the end of

the second full school year after the identification of the

agency under paragraph (3); and

‘‘(iii) shall continue to provide technical assistance

while instituting any corrective action under clause (i)

or (ii).

‘‘(C) CERTAIN CORRECTIVE ACTIONS REQUIRED.—In the

case of a local educational agency identified for corrective

action, the State educational agency shall take at least one

of the following corrective actions:

‘‘(i) Deferring programmatic funds or reducing administrative funds.

‘‘(ii) Instituting and fully implementing a new curriculum that is based on State and local academic content and achievement standards, including providing

appropriate professional development based on scientifically based research for all relevant staff, that offers

substantial promise of improving educational achievement for low-achieving students.

69

‘‘(iii) Replacing the local educational agency personnel who are relevant to the failure to make adequate

yearly progress. ‘‘(iv) Removing particular schools from the jurisdiction of the local educational agency and establishing

alternative arrangements for public governance and supervision of such schools. ‘‘(v) Appointing, through the State educational

agency, a receiver or trustee to administer the affairs of

the local educational agency in place of the superintendent and school board. ‘‘(vi) Abolishing or restructuring the local educational agency. ‘‘(vii) Authorizing students to transfer from a

school operated by the local educational agency to a

higher-performing public school operated by another

local educational agency in accordance with subsections (b)(1)(E) and (F), and providing to such students transportation (or the costs of transportation) to

such schools consistent with subsection (b)(9), in conjunction with carrying out not less than 1 additional

action described under this subparagraph.

‘‘(D) HEARING.—Prior to implementing any corrective

action under this paragraph, the State educational agency

shall provide notice and a hearing to the affected local educational agency, if State law provides for such notice and

hearing. The hearing shall take place not later than 45

days following the decision to implement corrective action. ‘‘(E) NOTICE TO PARENTS.—The State educational agency shall publish, and disseminate to parents and the public, information on any corrective action the State educational agency takes under this paragraph through such

means as the Internet, the media, and public agencies. ‘‘(F) DELAY.—Notwithstanding subparagraph (B)(ii), a

State educational agency may delay, for a period not to exceed 1 year, implementation of corrective action under this

paragraph if the local educational agency makes adequate

yearly progress for 1 year or its failure to make adequate

yearly progress is due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and

unforeseen decline in the financial resources of the local

educational agency. No such period shall be taken into account in determining the number of consecutive years of

failure to make adequate yearly progress.

‘‘(11) SPECIAL RULE.—If a local educational agency makes

adequate yearly progress for 2 consecutive school years beginning after the date of identification of the agency under paragraph (3), the State educational agency need no longer subject

the local educational agency to corrective action for the succeeding school year.

‘‘(d) CONSTRUCTION.—Nothing in this section shall be construed

to alter or otherwise affect the rights, remedies, and procedures afforded school or school district employees under Federal, State, or

local laws (including applicable regulations or court orders) or

under the terms of collective bargaining agreements, memoranda of

70

understanding, or other agreements between such employees and

their employers. ‘‘(e) SUPPLEMENTAL EDUCATIONAL SERVICES.— ‘‘(1) SUPPLEMENTAL EDUCATIONAL SERVICES.—In the case of

any school described in paragraph (5), (7), or (8) of subsection

(b), the local educational agency serving such school shall, subject to this subsection, arrange for the provision of supplemental

educational services to eligible children in the school from a

provider with a demonstrated record of effectiveness, that is selected by the parents and approved for that purpose by the

State educational agency in accordance with reasonable criteria, consistent with paragraph (5), that the State educational

agency shall adopt. ‘‘(2) LOCAL EDUCATIONAL AGENCY RESPONSIBILITIES.—Each

local educational agency subject to this subsection shall— ‘‘(A) provide, at a minimum, annual notice to parents

(in an understandable and uniform format and, to the extent practicable, in a language the parents can understand)

of— ‘‘(i) the availability of services under this subsection; ‘‘(ii) the identity of approved providers of those

services that are within the local educational agency or

whose services are reasonably available in neighboring

local educational agencies; and ‘‘(iii) a brief description of the services, qualifications, and demonstrated effectiveness of each such provider;

‘‘(B) if requested, assist parents in choosing a provider

from the list of approved providers maintained by the

State;‘‘(C) apply fair and equitable procedures for serving

students if the number of spaces at approved providers is

not sufficient to serve all students; and

‘‘(D) not disclose to the public the identity of any student who is eligible for, or receiving, supplemental educational services under this subsection without the written

permission of the parents of the student.

‘‘(3) AGREEMENT.—In the case of the selection of an approved provider by a parent, the local educational agency shall

enter into an agreement with such provider. Such agreement

shall— ‘‘(A) require the local educational agency to develop, in

consultation with parents (and the provider chosen by the

parents), a statement of specific achievement goals for the

student, how the student’s progress will be measured, and

a timetable for improving achievement that, in the case of

a student with disabilities, is consistent with the student’s

individualized education program under section 614(d) of

the Individuals with Disabilities Education Act;

‘‘(B) describe how the student’s parents and the student’s teacher or teachers will be regularly informed of the

student’s progress;

‘‘(C) provide for the termination of such agreement if

the provider is unable to meet such goals and timetables;

71

‘‘(D) contain provisions with respect to the making of

payments to the provider by the local educational agency;

and

‘‘(E) prohibit the provider from disclosing to the public

the identity of any student eligible for, or receiving, supplemental educational services under this subsection without

the written permission of the parents of such student.

‘‘(4) STATE EDUCATIONAL AGENCY RESPONSIBILITIES.—A

State educational agency shall—

‘‘(A) in consultation with local educational agencies,

parents, teachers, and other interested members of the public, promote maximum participation by providers to ensure,

to the extent practicable, that parents have as many choices

as possible;

‘‘(B) develop and apply objective criteria, consistent

with paragraph (5), to potential providers that are based on

a demonstrated record of effectiveness in increasing the

academic proficiency of students in subjects relevant to

meeting the State academic content and student achievement standards adopted under section 1111(b)(1);

‘‘(C) maintain an updated list of approved providers

across the State, by school district, from which parents may

select;

‘‘(D) develop, implement, and publicly report on standards and techniques for monitoring the quality and effectiveness of the services offered by approved providers under

this subsection, and for withdrawing approval from providers that fail, for 2 consecutive years, to contribute to increasing the academic proficiency of students served under

this subsection as described in subparagraph (B); and

‘‘(E) provide annual notice to potential providers of

supplemental educational services of the opportunity to provide services under this subsection and of the applicable

procedures for obtaining approval from the State educational agency to be an approved provider of those services.

‘‘(5) CRITERIA FOR PROVIDERS.—In order for a provider to

be included on the State list under paragraph (4)(C), a provider

shall agree to carry out the following:

‘‘(A) Provide parents of children receiving supplemental

educational services under this subsection and the appropriate local educational agency with information on the

progress of the children in increasing achievement, in a format and, to the extent practicable, a language that such

parents can understand.

‘‘(B) Ensure that instruction provided and content used

by the provider are consistent with the instruction provided

and content used by the local educational agency and State,

and are aligned with State student academic achievement

standards.

‘‘(C) Meet all applicable Federal, State, and local

health, safety, and civil rights laws.

‘‘(D) Ensure that all instruction and content under this

subsection are secular, neutral, and nonideological.

72

‘‘(6) AMOUNTS FOR SUPPLEMENTAL EDUCATIONAL SERV- ICES.—The amount that a local educational agency shall make

available for supplemental educational services for each child

receiving those services under this subsection shall be the lesser

of— ‘‘(A) the amount of the agency’s allocation under subpart 2, divided by the number of children from families

below the poverty level counted under section 1124(c)(1)(A);

or ‘‘(B) the actual costs of the supplemental educational

services received by the child.

‘‘(7) FUNDS PROVIDED BY STATE EDUCATIONAL AGENCY.— Each State educational agency may use funds that the agency

reserves under this part, and part A of title V, to assist local

educational agencies that do not have sufficient funds to provide services under this subsection for all eligible students requesting such services. ‘‘(8) DURATION.—The local educational agency shall continue to provide supplemental educational services to a child receiving such services under this subsection until the end of the

school year in which such services were first received. ‘‘(9) PROHIBITION.—Nothing contained in this subsection

shall permit the making of any payment for religious worship

or instruction. ‘‘(10) WAIVER.— ‘‘(A) REQUIREMENT.—At the request of a local educational agency, a State educational agency may waive, in

whole or in part, the requirement of this subsection to provide supplemental educational services if the State educational agency determines that— ‘‘(i) none of the providers of those services on the

list approved by the State educational agency under

paragraph (4)(C) makes those services available in the

area served by the local educational agency or within

a reasonable distance of that area; and

‘‘(ii) the local educational agency provides evidence

that it is not able to provide those services.

‘‘(B) NOTIFICATION.—The State educational agency

shall notify the local educational agency, within 30 days of

receiving the local educational agency’s request for a waiver

under subparagraph (A), whether the request is approved

or disapproved and, if disapproved, the reasons for the disapproval, in writing.

‘‘(11) SPECIAL RULE.—If State law prohibits a State educational agency from carrying out one or more of its responsibilities under paragraph (4) with respect to those who provide, or

seek approval to provide, supplemental educational services,

each local educational agency in the State shall carry out those

responsibilities with respect to its students who are eligible for

those services. ‘‘(12) DEFINITIONS.—In this subsection—

‘‘(A) the term ‘eligible child’ means a child from a lowincome family, as determined by the local educational

agency for purposes of allocating funds to schools under

section 1113(c)(1);

73

‘‘(B) the term ‘provider’ means a non-profit entity, a forprofit entity, or a local educational agency that— ‘‘(i) has a demonstrated record of effectiveness in

increasing student academic achievement; ‘‘(ii) is capable of providing supplemental educational services that are consistent with the instructional program of the local educational agency and the

academic standards described under section 1111; and ‘‘(iii) is financially sound; and ‘‘(C) the term ‘supplemental educational services’ means

tutoring and other supplemental academic enrichment services that are— ‘‘(i) in addition to instruction provided during the

school day; and ‘‘(ii) are of high quality, research-based, and specifically designed to increase the academic achievement

of eligible children on the academic assessments required under section 1111 and attain proficiency in

meeting the State’s academic achievement standards. ‘‘(f) SCHOOLS AND LEAS PREVIOUSLY IDENTIFIED FOR IMPROVE- MENT OR CORRECTIVE ACTION.— ‘‘(1) SCHOOLS.— ‘‘(A) SCHOOL IMPROVEMENT.— ‘‘(i) SCHOOLS IN SCHOOL-IMPROVEMENT STATUS BE- FORE DATE OF ENACTMENT.—Any school that was in

the first year of school improvement status under this

section on the day preceding the date of enactment of

the No Child Left Behind Act of 2001 (as this section

was in effect on such day) shall be treated by the local

educational agency as a school that is in the first year

of school improvement status under paragraph (1). ‘‘(ii) SCHOOLS IN SCHOOL-IMPROVEMENT STATUS

FOR 2 OR MORE YEARS BEFORE DATE OF ENACTMENT.— Any school that was in school improvement status

under this section for 2 or more consecutive school

years preceding the date of enactment of the No Child

Left Behind Act of 2001 (as this section was in effect

on such day) shall be treated by the local educational

agency as a school described in subsection (b)(5).

‘‘(B) CORRECTIVE ACTION.—Any school that was in corrective action status under this section on the day preceding

the date of enactment of the No Child Left Behind Act of

2001 (as this section was in effect on such day) shall be

treated by the local educational agency as a school described in paragraph (7).

‘‘(2) LEAS.—

‘‘(A) LEA IMPROVEMENT.—A State shall identify for improvement under subsection (c)(3) any local educational

agency that was in improvement status under this section

as this section was in effect on the day preceding the date

of enactment of the No Child Left Behind Act of 2001. ‘‘(B) CORRECTIVE ACTION.—A State shall identify for

corrective action under subsection (c)(10) any local educational agency that was in corrective action status under

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ceding the date of enactment of the No Child Left Behind

Act of 2001. ‘‘(C) SPECIAL RULE.—For the schools and other local

educational agencies described under paragraphs (1) and

(2), as required, the State shall ensure that public school

choice in accordance with subparagraphs (b)(1)(E) and (F)

and supplemental education services in accordance with

subsection (e) are provided not later than the first day of

the 2002–2003 school year. ‘‘(D) TRANSITION.—With respect to a determination that

a local educational agency has for 2 consecutive years

failed to make adequate yearly progress as defined in the

State plan under section 1111(b)(2), such determination

shall include in such 2-year period any continuous period

of time immediately preceding the date of enactment of the

No Child Left Behind Act of 2001 during which the agency

has failed to make such progress. ‘‘(g) SCHOOLS FUNDED BY THE BUREAU OF INDIAN AFFAIRS.— ‘‘(1) ADEQUATE YEARLY PROGRESS FOR BUREAU FUNDED

SCHOOLS.—

‘‘(A) DEVELOPMENT OF DEFINITION.— ‘‘(i) DEFINITION.—The Secretary of the Interior, in

consultation with the Secretary if the Secretary of Interior requests the consultation, using the process set out

in section 1138(b) of the Education Amendments of

1978, shall define adequate yearly progress, consistent

with section 1111(b), for the schools funded by the Bureau of Indian Affairs on a regional or tribal basis, as

appropriate, taking into account the unique circumstances and needs of such schools and the students

served by such schools. ‘‘(ii) USE OF DEFINITION.—The Secretary of the Interior, consistent with clause (i), may use the definition

of adequate yearly progress that the State in which the

school that is funded by the Bureau is located uses consistent with section 1111(b), or in the case of schools

that are located in more than 1 State, the Secretary of

the Interior may use whichever State definition of adequate yearly progress that best meets the unique circumstances and needs of such school or schools and the

students the schools serve.

‘‘(B) WAIVER.—The tribal governing body or school

board of a school funded by the Bureau of Indian Affairs

may waive, in part or in whole, the definition of adequate

yearly progress established pursuant to paragraph (A)

where such definition is determined by such body or school

board to be inappropriate. If such definition is waived, the

tribal governing body or school board shall, within 60 days

thereafter, submit to the Secretary of Interior a proposal for

an alternative definition of adequate yearly progress, consistent with section 1111(b), that takes into account the

unique circumstances and needs of such school or schools

and the students served. The Secretary of the Interior, in

consultation with the Secretary if the Secretary of Interior

requests the consultation, shall approve such alternative

75

definition unless the Secretary determines that the definition does not meet the requirements of section 1111(b), taking into account the unique circumstances and needs of

such school or schools and the students served. ‘‘(C) TECHNICAL ASSISTANCE.—The Secretary of Interior

shall, in consultation with the Secretary if the Secretary of

Interior requests the consultation, either directly or through

a contract, provide technical assistance, upon request, to a

tribal governing body or school board of a school funded by

the Bureau of Indian Affairs that seeks to develop an alternative definition of adequate yearly progress.

‘‘(2) ACCOUNTABILITY FOR BIA SCHOOLS.—For the purposes

of this section, schools funded by the Bureau of Indian Affairs

shall be considered schools subject to subsection (b), as specifically provided for in this subsection, except that such schools

shall not be subject to subsection (c), or the requirements to provide public school choice and supplemental educational services

under subsections (b) and (e). ‘‘(3) SCHOOL IMPROVEMENT FOR BUREAU SCHOOLS.— ‘‘(A) CONTRACT AND GRANT SCHOOLS.—For a school

funded by the Bureau of Indian Affairs which is operated

under a contract issued by the Secretary of the Interior pursuant to the Indian Self-Determination Act (25 U.S.C. 450

et seq.) or under a grant issued by the Secretary of the Interior pursuant to the Tribally Controlled Schools Act of

1988 (25 U.S.C. 2501 et seq.), the school board of such

school shall be responsible for meeting the requirements of

subsection (b) relating to development and implementation

of any school improvement plan as described in subsections

(b)(1) through (b)(3), and subsection (b)(5), other than subsection (b)(1)(E). The Bureau of Indian Affairs shall be responsible for meeting the requirements of subsection (b)(4)

relating to technical assistance. ‘‘(B) BUREAU OPERATED SCHOOLS.—For schools operated by the Bureau of Indian Affairs, the Bureau shall be

responsible for meeting the requirements of subsection (b)

relating to development and implementation of any school

improvement plan as described in subsections (b)(1)

through (b)(5), other than subsection (b)(1)(E).

‘‘(4) CORRECTIVE ACTION AND RESTRUCTURING FOR BUREAU

FUNDED SCHOOLS.—

‘‘(A) CONTRACT AND GRANT SCHOOLS.—For a school

funded by the Bureau of Indian Affairs which is operated

under a contract issued by the Secretary of the Interior pursuant to the Indian Self-Determination Act (25 U.S.C. 450

et seq.) or under a grant issued by the Secretary of the Interior pursuant to the Tribally Controlled Schools Act of

1988 (25 U.S.C. 2501 et seq.), the school board of such

school shall be responsible for meeting the requirements of

subsection (b) relating to corrective action and restructuring

as described in subsection (b)(7) and (b)(8). Any action

taken by such school board under subsection (b)(7) or (b)(8)

shall take into account the unique circumstances and structure of the Bureau of Indian Affairs-funded school system

and the laws governing that system.

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‘‘(B) BUREAU OPERATED SCHOOLS.—For schools operated by the Bureau of Indian Affairs, the Bureau shall be

responsible for meeting the requirements of subsection (b)

relating to corrective action and restructuring as described

in subsection (b)(7) and (b)(8). Any action taken by the Bureau under subsection (b)(7) or (b)(8) shall take into account the unique circumstances and structure of the Bureau

of Indian Affairs-funded school system and the laws governing that system.

‘‘(5) ANNUAL REPORT.—On an annual basis, the Secretary

of the Interior shall report to the Secretary of Education and to

the appropriate committees of Congress regarding any schools

funded by the Bureau of Indian Affairs which have been identified for school improvement. Such report shall include— ‘‘(A) the identity of each school;

‘‘(B) a statement from each affected school board regarding the factors that lead to such identification; and ‘‘(C) an analysis by the Secretary of the Interior, in consultation with the Secretary if the Secretary of Interior requests the consultation, as to whether sufficient resources

were available to enable such school to achieve adequate

yearly progress. ‘‘(h) OTHER AGENCIES.—After receiving the notice described in

subsection (b)(14)(D), the Secretary may notify, to the extent feasible

and necessary as determined by the Secretary, other relevant Federal agencies regarding the major factors that were determined by

the State educational agency to have significantly affected student

academic achievement.

‘‘SEC. 1117. SCHOOL SUPPORT AND RECOGNITION.

‘‘(a) SYSTEM FOR SUPPORT.— ‘‘(1) IN GENERAL.—Each State shall establish a statewide

system of intensive and sustained support and improvement for

local educational agencies and schools receiving funds under

this part, in order to increase the opportunity for all students

served by those agencies and schools to meet the State’s academic content standards and student academic achievement

standards. ‘‘(2) PRIORITIES.—In carrying out this subsection, a State

shall— ‘‘(A) first, provide support and assistance to local educational agencies with schools subject to corrective action

under section 1116 and assist those schools, in accordance

with section 1116(b)(11), for which a local educational

agency has failed to carry out its responsibilities under

paragraphs (7) and (8) of section 1116(b);

‘‘(B) second, provide support and assistance to other

local educational agencies with schools identified as in

need of improvement under section 1116(b); and

‘‘(C) third, provide support and assistance to other

local educational agencies and schools participating under

this part that need that support and assistance in order to

achieve the purpose of this part.

‘‘(3) REGIONAL CENTERS.—Such a statewide system shall, to

the extent practicable, work with and receive support and assistance from the comprehensive regional technical assistance

77

centers and the regional educational laboratories under section

941(h) of the Educational Research, Development, Dissemination, and Improvement Act of 1994, or other providers of technical assistance. ‘‘(4) STATEWIDE SYSTEM.— ‘‘(A) In order to achieve the purpose described in paragraph (1), the statewide system shall include, at a minimum, the following approaches: ‘‘(i) Establishing school support teams in accordance with subparagraph (C) for assignment to, and

working in, schools in the State that are described in

paragraph (2). ‘‘(ii) Providing such support as the State educational agency determines necessary and available in

order to ensure the effectiveness of such teams. ‘‘(iii) Designating and using distinguished teachers

and principals who are chosen from schools served

under this part that have been especially successful in

improving academic achievement. ‘‘(iv) Devising additional approaches to providing

the assistance described in paragraph (1), such as providing assistance through institutions of higher education and educational service agencies or other local

consortia, and private providers of scientifically based

technical assistance.

‘‘(B) PRIORITY.—The State educational agency shall

give priority to the approach described in clause (i) of subparagraph (A).

‘‘(5) SCHOOL SUPPORT TEAMS.— ‘‘(A) COMPOSITION.—Each school support team established under this section shall be composed of persons

knowledgeable about scientifically based research and practice on teaching and learning and about successful

schoolwide projects, school reform, and improving educational opportunities for low-achieving students,

including—

‘‘(i) highly qualified or distinguished teachers and

principals;

‘‘(ii) pupil services personnel;

‘‘(iii) parents;

‘‘(iv) representatives of institutions of higher education;

‘‘(v) representatives of regional educational laboratories or comprehensive regional technical assistance

centers;

‘‘(vi) representatives of outside consultant groups;

or

‘‘(vii) other individuals as the State educational

agency, in consultation with the local educational

agency, may determine appropriate.

‘‘(B) FUNCTIONS.—Each school support team assigned

to a school under this section shall—

‘‘(i) review and analyze all facets of the school’s operation, including the design and operation of the instructional program, and assist the school in develVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00081 Fmt 6659 Sfmt 6603 E:\HR\OC\A334HR.028 pfrm07 PsN: A334HR
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oping recommendations for improving student performance in that school; ‘‘(ii) collaborate with parents and school staff and

the local educational agency serving the school in the

design, implementation, and monitoring of a plan that,

if fully implemented, can reasonably be expected to improve student performance and help the school meet its

goals for improvement, including adequate yearly

progress under section 1111(b)(2)(B); ‘‘(iii) evaluate, at least semiannually, the effectiveness of school personnel assigned to the school, including identifying outstanding teachers and principals,

and make findings and recommendations to the school,

the local educational agency, and, where appropriate,

the State educational agency; and ‘‘(iv) make additional recommendations as the

school implements the plan described in clause (ii) to

the local educational agency and the State educational

agency concerning additional assistance that is needed

by the school or the school support team.

‘‘(C) CONTINUATION OF ASSISTANCE.—After 1 school

year, from the beginning of the activities, such school support team, in consultation with the local educational agency, may recommend that the school support team continue

to provide assistance to the school, or that the local educational agency or the State educational agency, as appropriate, take alternative actions with regard to the school. ‘‘(b) STATE RECOGNITION.— ‘‘(1) ACADEMIC ACHIEVEMENT AWARDS PROGRAM.— ‘‘(A) IN GENERAL.—Each State receiving a grant under

this part—

‘‘(i) shall establish a program for making academic

achievement awards to recognize schools that meet the

criteria described in subparagraph (B); and

‘‘(ii) as appropriate and as funds are available

under subsection (c)(2)(A), may financially reward

schools served under this part that meet the criteria described in clause (ii).

‘‘(B) CRITERIA.—The criteria referred to in subparagraph (A) are that a school— ‘‘(i) significantly closed the achievement gap between the groups of students described in section

1111(b)(2); or ‘‘(ii) exceeded their adequate yearly progress, consistent with section 1111(b)(2), for 2 or more consecutive years. ‘‘(2) DISTINGUISHED SCHOOLS.—Of those schools meeting

the criteria described in paragraph (2), each State shall designate as distinguished schools those schools that have made

the greatest gains in closing the achievement gap as described

in subparagraph (B)(i) or exceeding adequate yearly progress as

described in subparagraph (B)(ii). Such distinguished schools

may serve as models for and provide support to other schools,

especially schools identified for improvement under section

1116, to assist such schools in meeting the State’s academic

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content standards and student academic achievement standards.‘‘(3) AWARDS TO TEACHERS.—A State program under paragraph (1) may also recognize and provide financial awards to

teachers teaching in a school described in such paragraph that

consistently makes significant gains in academic achievement

in the areas in which the teacher provides instruction, or to

teachers or principals designated as distinguished under subsection (a)(4)(A)(iii).

‘‘(c) FUNDING.— ‘‘(1) IN GENERAL.—Each State— ‘‘(A) shall use funds reserved under section 1003(a) and

may use funds made available under section 1003(g) for the

approaches described under subsection (a)(4)(A); and ‘‘(B) shall use State administrative funds authorized

under section 1004(a) to establish the statewide system of

support described under subsection (a).

‘‘(2) RESERVATIONS OF FUNDS BY STATE.— ‘‘(A) AWARDS PROGRAM.—For the purpose of carrying

out subsection (b)(1), each State receiving a grant under

this part may reserve, from the amount (if any) by which

the funds received by the State under subpart 2 for a fiscal

year exceed the amount received by the State under that

subpart for the preceding fiscal year, not more than 5 percent of such excess amount. ‘‘(B) TEACHER AWARDS.—For the purpose of carrying

out subsection (b)(3), a State educational agency may reserve such funds as necessary from funds made available

under section 2113.

‘‘(3) USE WITHIN 3 YEARS.—Notwithstanding any other provision of law, the amount reserved under subparagraph (A) by

a State for each fiscal year shall remain available to the State

until expended for a period not exceeding 3 years receipt of

funds. ‘‘(4) SPECIAL ALLOCATION RULE FOR SCHOOLS IN HIGH-POV- ERTY AREAS.— ‘‘(A) IN GENERAL.—Each State shall distribute not less

than 75 percent of any amount reserved under paragraph

(2)(A) for each fiscal year to schools described in subparagraph (B), or to teachers consistent with subsection (b)(3). ‘‘(B) SCHOOL DESCRIBED.—A school described in subparagraph) (A) is a school whose student population is in

the highest quartile of schools statewide in terms of the percentage of children from low income families.

‘‘SEC. 1118. PARENTAL INVOLVEMENT.

‘‘(a) LOCAL EDUCATIONAL AGENCY POLICY.—

‘‘(1) IN GENERAL.—A local educational agency may receive

funds under this part only if such agency implements programs, activities, and procedures for the involvement of parents

in programs assisted under this part consistent with this section. Such programs, activities, and procedures shall be

planned and implemented with meaningful consultation with

parents of participating children.

‘‘(2) WRITTEN POLICY.—Each local educational agency that

receives funds under this part shall develop jointly with, agree

80

on with, and distribute to, parents of participating children a

written parent involvement policy. The policy shall be incorporated into the local educational agency’s plan developed

under section 1112, establish the agency’s expectations for parent involvement, and describe how the agency will—

‘‘(A) involve parents in the joint development of the

plan under section 1112, and the process of school review

and improvement under section 1116;

‘‘(B) provide the coordination, technical assistance, and

other support necessary to assist participating schools in

planning and implementing effective parent involvement

activities to improve student academic achievement and

school performance;

‘‘(C) build the schools’ and parents’ capacity for strong

parental involvement as described in subsection (e);

‘‘(D) coordinate and integrate parental involvement

strategies under this part with parental involvement strategies under other programs, such as the Head Start program, Reading First program, Early Reading First program, Even Start program, Parents as Teachers program,

and Home Instruction Program for Preschool Youngsters,

and State-run preschool programs;

‘‘(E) conduct, with the involvement of parents, an annual evaluation of the content and effectiveness of the parental involvement policy in improving the academic quality of the schools served under this part, including identifying barriers to greater participation by parents in activities authorized by this section (with particular attention to

parents who are economically disadvantaged, are disabled,

have limited English proficiency, have limited literacy, or

are of any racial or ethnic minority background), and use

the findings of such evaluation to design strategies for more

effective parental involvement, and to revise, if necessary,

the parental involvement policies described in this section;

and

‘‘(F) involve parents in the activities of the schools

served under this part.

‘‘(3) RESERVATION.—

‘‘(A) IN GENERAL.—Each local educational agency shall

reserve not less than 1 percent of such agency’s allocation

under subpart 2 of this part to carry out this section, including promoting family literacy and parenting skills, except that this paragraph shall not apply if 1 percent of such

agency’s allocation under subpart 2 of this part for the fiscal year for which the determination is made is $5,000 or

less.

‘‘(B) PARENTAL INPUT.—Parents of children receiving

services under this part shall be involved in the decisions

regarding how funds reserved under subparagraph (A) are

allotted for parental involvement activities.

‘‘(C) DISTRIBUTION OF FUNDS.—Not less than 95 percent of the funds reserved under subparagraph (A) shall be

distributed to schools served under this part.

‘‘(b) SCHOOL PARENTAL INVOLVEMENT POLICY.—

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‘‘(1) IN GENERAL.—Each school served under this part shall

jointly develop with, and distribute to, parents of participating

children a written parental involvement policy, agreed on by

such parents, that shall describe the means for carrying out the

requirements of subsections (c) through (f). Parents shall be notified of the policy in an understandable and uniform format

and, to the extent practicable, provided in a language the parents can understand. Such policy shall be made available to the

local community and updated periodically to meet the changing

needs of parents and the school.

‘‘(2) SPECIAL RULE.—If the school has a parental involvement policy that applies to all parents, such school may amend

that policy, if necessary, to meet the requirements of this subsection.

‘‘(3) AMENDMENT.—If the local educational agency involved

has a school district-level parental involvement policy that applies to all parents, such agency may amend that policy, if necessary, to meet the requirements of this subsection.

‘‘(4) PARENTAL COMMENTS.—If the plan under section 1112

is not satisfactory to the parents of participating children, the

local educational agency shall submit any parent comments

with such plan when such local educational agency submits the

plan to the State.

‘‘(c) POLICY INVOLVEMENT.—Each school served under this part

shall—

‘‘(1) convene an annual meeting, at a convenient time, to

which all parents of participating children shall be invited and

encouraged to attend, to inform parents of their school’s participation under this part and to explain the requirements of this

part, and the right of the parents to be involved;

‘‘(2) offer a flexible number of meetings, such as meetings

in the morning or evening, and may provide, with funds provided under this part, transportation, child care, or home visits,

as such services relate to parental involvement;

‘‘(3) involve parents, in an organized, ongoing, and timely

way, in the planning, review, and improvement of programs

under this part, including the planning, review, and improvement of the school parental involvement policy and the joint development of the schoolwide program plan under section

1114(b)(2), except that if a school has in place a process for involving parents in the joint planning and design of the school’s

programs, the school may use that process, if such process includes an adequate representation of parents of participating

children;

‘‘(4) provide parents of participating children—

‘‘(A) timely information about programs under this

part;

‘‘(B) a description and explanation of the curriculum in

use at the school, the forms of academic assessment used to

measure student progress, and the proficiency levels students are expected to meet; and

‘‘(C) if requested by parents, opportunities for regular

meetings to formulate suggestions and to participate, as appropriate, in decisions relating to the education of their

82

children, and respond to any such suggestions as soon as

practicably possible; and

‘‘(5) if the schoolwide program plan under section

1114(b)(2) is not satisfactory to the parents of participating children, submit any parent comments on the plan when the school

makes the plan available to the local educational agency.

(d) SHARED RESPONSIBILITIES FOR HIGH STUDENT ACADEMIC

ACHIEVEMENT.—As a component of the school-level parental involvement policy developed under subsection (b), each school served

under this part shall jointly develop with parents for all children

served under this part a school-parent compact that outlines how

parents, the entire school staff, and students will share the responsibility for improved student academic achievement and the means by

which the school and parents will build and develop a partnership

to help children achieve the State’s high standards. Such compact

shall—

(1) describe the school’s responsibility to provide high-quality curriculum and instruction in a supportive and effective

learning environment that enables the children served under

this part to meet the State’s student academic achievement

standards, and the ways in which each parent will be responsible for supporting their children’s learning, such as monitoring attendance, homework completion, and television watching; volunteering in their child’s classroom; and participating,

as appropriate, in decisions relating to the education of their

children and positive use of extracurricular time; and

(2) address the importance of communication between

teachers and parents on an ongoing basis through, at a

minimum—

(A) parent-teacher conferences in elementary schools, at

least annually, during which the compact shall be discussed as the compact relates to the individual child’s

achievement;

(B) frequent reports to parents on their children’s

progress; and

(C) reasonable access to staff, opportunities to volunteer

and participate in their child’s class, and observation of

classroom activities.

‘‘(e) BUILDING CAPACITY FOR INVOLVEMENT.—To ensure effective

involvement of parents and to support a partnership among the

school involved, parents, and the community to improve student

academic achievement, each school and local educational agency assisted under this part—

‘‘(1) shall provide assistance to parents of children served

by the school or local educational agency, as appropriate, in understanding such topics as the State’s academic content standards and State student academic achievement standards, State

and local academic assessments, the requirements of this part,

and how to monitor a child’s progress and work with educators

to improve the achievement of their children;

‘‘(2) shall provide materials and training to help parents to

work with their children to improve their children’s achievement, such as literacy training and using technology, as appropriate, to foster parental involvement;

83

‘‘(3) shall educate teachers, pupil services personnel, principals, and other staff, with the assistance of parents, in the

value and utility of contributions of parents, and in how to

reach out to, communicate with, and work with parents as

equal partners, implement and coordinate parent programs,

and build ties between parents and the school; ‘‘(4) shall, to the extent feasible and appropriate, coordinate

and integrate parent involvement programs and activities with

Head Start, Reading First, Early Reading First, Even Start, the

Home Instruction Programs for Preschool Youngsters, the Parents as Teachers Program, and public preschool and other programs, and conduct other activities, such as parent resource

centers, that encourage and support parents in more fully participating in the education of their children; ‘‘(5) shall ensure that information related to school and

parent programs, meetings, and other activities is sent to the

parents of participating children in a format and, to the extent

practicable, in a language the parents can understand; ‘‘(6) may involve parents in the development of training for

teachers, principals, and other educators to improve the effectiveness of such training; ‘‘(7) may provide necessary literacy training from funds received under this part if the local educational agency has exhausted all other reasonably available sources of funding for

such training; ‘‘(8) may pay reasonable and necessary expenses associated

with local parental involvement activities, including transportation and child care costs, to enable parents to participate in

school-related meetings and training sessions; ‘‘(9) may train parents to enhance the involvement of other

parents; ‘‘(10) may arrange school meetings at a variety of times, or

conduct in-home conferences between teachers or other educators, who work directly with participating children, with parents who are unable to attend such conferences at school, in

order to maximize parental involvement and participation;

‘‘(11) may adopt and implement model approaches to improving parental involvement;

‘‘(12) may establish a districtwide parent advisory council

to provide advice on all matters related to parental involvement

in programs supported under this section;

‘‘(13) may develop appropriate roles for community-based

organizations and businesses in parent involvement activities;

and

‘‘(14) shall provide such other reasonable support for parental involvement activities under this section as parents may request.

‘‘(f) ACCESSIBILITY.—In carrying out the parental involvement

requirements of this part, local educational agencies and schools, to

the extent practicable, shall provide full opportunities for the participation of parents with limited English proficiency, parents with

disabilities, and parents of migratory children, including providing

information and school reports required under section 1111 in a format and, to the extent practicable, in a language such parents understand.

84

‘‘(g) INFORMATION FROM PARENTAL INFORMATION AND RE- SOURCE CENTERS.—In a State where a parental information and resource center is established to provide training, information, and

support to parents and individuals who work with local parents,

local educational agencies, and schools receiving assistance under

this part, each local educational agency or school that receives assistance under this part and is located in the State shall assist parents and parental organizations by informing such parents and organizations of the existence and purpose of such centers. ‘‘(h) REVIEW.—The State educational agency shall review the

local educational agency’s parental involvement policies and practices to determine if the policies and practices meet the requirements

of this section.

‘‘SEC. 1119. QUALIFICATIONS FOR TEACHERS AND PARAPROFESSIONALS.

‘‘(a) TEACHER QUALIFICATIONS AND MEASURABLE OBJEC- TIVES.— ‘‘(1) IN GENERAL.—Beginning with the first day of the first

school year after the date of enactment of the No Child Left Behind Act of 2001, each local educational agency receiving assistance under this part shall ensure that all teachers hired after

such day and teaching in a program supported with funds

under this part are highly qualified. ‘‘(2) STATE PLAN.—As part of the plan described in section

1111, each State educational agency receiving assistance under

this part shall develop a plan to ensure that all teachers teaching in core academic subjects within the State are highly qualified not later than the end of the 2005–2006 school year. Such

plan shall establish annual measurable objectives for each local

educational agency and school that, at a minimum— ‘‘(A) shall include an annual increase in the percentage

of highly qualified teachers at each local educational agency and school, to ensure that all teachers teaching in core

academic subjects in each public elementary school and secondary school are highly qualified not later than the end

of the 2005–2006 school year;

‘‘(B) shall include an annual increase in the percentage

of teachers who are receiving high-quality professional development to enable such teachers to become highly qualified and successful classroom teachers; and

‘‘(C) may include such other measures as the State educational agency determines to be appropriate to increase

teacher qualifications.

‘‘(3) LOCAL PLAN.—As part of the plan described in section

1112, each local educational agency receiving assistance under

this part shall develop a plan to ensure that all teachers teaching within the school district served by the local educational

agency are highly qualified not later than the end of the 2005–

2006 school year.

‘‘(b) REPORTS.—

‘‘(1) ANNUAL STATE AND LOCAL REPORTS.—

‘‘(A) LOCAL REPORTS.—Each State educational agency

described in subsection (a)(2) shall require each local educational agency receiving funds under this part to publicly

report, each year, beginning with the 2002–2003 school

85

year, the annual progress of the local educational agency as

a whole and of each of the schools served by the agency, in

meeting the measurable objectives described in subsection

(a)(2). ‘‘(B) STATE REPORTS.—Each State educational agency

receiving assistance under this part shall prepare and submit each year, beginning with the 2002–2003 school year,

a report to the Secretary, describing the State educational

agency’s progress in meeting the measurable objectives described in subsection (a)(2). ‘‘(C) INFORMATION FROM OTHER REPORTS.—A State

educational agency or local educational agency may submit

information from the reports described in section 1111(h)

for the purposes of this subsection, if such report is modified, as may be necessary, to contain the information required by this subsection, and may submit such information as a part of the reports required under section 1111(h).

‘‘(2) ANNUAL REPORTS BY THE SECRETARY.—Each year, beginning with the 2002–2003 school year, the Secretary shall

publicly report the annual progress of State educational agencies, local educational agencies, and schools, in meeting the

measurable objectives described in subsection (a)(2).

‘‘(c) NEW PARAPROFESSIONALS.— ‘‘(1) IN GENERAL.—Each local educational agency receiving

assistance under this part shall ensure that all paraprofessionals hired after the date of enactment of the No Child Left

Behind Act of 2001 and working in a program supported with

funds under this part shall have— ‘‘(A) completed at least 2 years of study at an institution of higher education; ‘‘(B) obtained an associate’s (or higher) degree; or ‘‘(C) met a rigorous standard of quality and can demonstrate, through a formal State or local academic

assessment—

‘‘(i) knowledge of, and the ability to assist in instructing, reading, writing, and mathematics; or

‘‘(ii) knowledge of, and the ability to assist in instructing, reading readiness, writing readiness, and

mathematics readiness, as appropriate.

‘‘(2) CLARIFICATION.—The receipt of a secondary school diploma (or its recognized equivalent) shall be necessary but not

sufficient to satisfy the requirements of paragraph (1)(C).

‘‘(d) EXISTING PARAPROFESSIONALS.—Each local educational

agency receiving assistance under this part shall ensure that all

paraprofessionals hired before the date of enactment of the No Child

Left Behind Act of 2001, and working in a program supported with

funds under this part shall, not later than 4 years after the date of

enactment satisfy the requirements of subsection (b).

‘‘(e) EXCEPTIONS FOR TRANSLATION AND PARENTAL INVOLVE- MENT ACTIVITIES.—Subsections (c) and (d) shall not apply to a

paraprofessional— ‘‘(1) who is proficient in English and a language other than

English and who provides services primarily to enhance the

participation of children in programs under this part by acting

as a translator; or

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‘‘(2) whose duties consist solely of conducting parental involvement activities consistent with section 1118.

‘‘(f) GENERAL REQUIREMENT FOR ALL PARAPROFESSIONALS.—

Each local educational agency receiving assistance under this part

shall ensure that all paraprofessionals working in a program supported with funds under this part, regardless of the paraprofessionals’ hiring date, have earned a secondary school diploma or its

recognized equivalent.

‘‘(g) DUTIES OF PARAPROFESSIONALS.—

‘‘(1) IN GENERAL.—Each local educational agency receiving

assistance under this part shall ensure that a paraprofessional

working in a program supported with funds under this part is

not assigned a duty inconsistent with this subsection.

‘‘(2) RESPONSIBILITIES PARAPROFESSIONALS MAY BE ASSIGNED.—A paraprofessional described in paragraph (1) may be

assigned—

‘‘(A) to provide one-on-one tutoring for eligible students,

if the tutoring is scheduled at a time when a student would

not otherwise receive instruction from a teacher;

‘‘(B) to assist with classroom management, such as organizing instructional and other materials;

‘‘(C) to provide assistance in a computer laboratory;

‘‘(D) to conduct parental involvement activities;

‘‘(E) to provide support in a library or media center;

‘‘(F) to act as a translator; or

‘‘(G) to provide instructional services to students in accordance with paragraph (3).

‘‘(3) ADDITIONAL LIMITATIONS.—A paraprofessional described in paragraph (1)—

‘‘(A) may not provide any instructional service to a student unless the paraprofessional is working under the direct supervision of a teacher consistent with section 1119;

and

‘‘(B) may assume limited duties that are assigned to

similar personnel who are not working in a program supported with funds under this part, including duties beyond

classroom instruction or that do not benefit participating

children, so long as the amount of time spent on such duties is the same proportion of total work time as prevails

with respect to similar personnel at the same school.

‘‘(h) USE OF FUNDS.—A local educational agency receiving

funds under this part may use such funds to support ongoing training and professional development to assist teachers and paraprofessionals in satisfying the requirements of this section.

‘‘(i) VERIFICATION OF COMPLIANCE.—

‘‘(1) IN GENERAL.—In verifying compliance with this section, each local educational agency, at a minimum, shall require that the principal of each school operating a program

under section 1114 or 1115 attest annually in writing as to

whether such school is in compliance with the requirements of

this section.

‘‘(2) AVAILABILITY OF INFORMATION.—Copies of attestations

under paragraph (1)—

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‘‘(A) shall be maintained at each school operating a

program under section 1114 or 1115 and at the main office

of the local educational agency; and ‘‘(B) shall be available to any member of the general

public on request. ‘‘(j) COMBINATIONS OF FUNDS.—Funds provided under this part

that are used for professional development purposes may be combined with funds provided under title II of this Act, other Acts, and

other sources. ‘‘(k) SPECIAL RULE.—Except as provided in subsection (l), no

State educational agency shall require a school or a local educational agency to expend a specific amount of funds for professional development activities under this part, except that this paragraph shall not apply with respect to requirements under section

1116(c)(3). ‘‘(l) MINIMUM EXPENDITURES.—Each local educational agency

that receives funds under this part shall use not less than 5 percent,

or more than 10 percent, of such funds for each of fiscal years 2002

and 2003, and not less than 5 percent of the funds for each subsequent fiscal year, for professional development activities to ensure

that teachers who are not highly qualified become highly qualified

not later than the end of the 2005–2006 school year.

‘‘SEC. 1120. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE

SCHOOLS.

‘‘(a) GENERAL REQUIREMENT.— ‘‘(1) IN GENERAL.—To the extent consistent with the number

of eligible children identified under section 1115(b) in the

school district served by a local educational agency who are enrolled in private elementary schools and secondary schools, a

local educational agency shall, after timely and meaningful

consultation with appropriate private school officials, provide

such children, on an equitable basis, special educational services or other benefits under this part (such as dual enrollment,

educational radio and television, computer equipment and materials, other technology, and mobile educational services and

equipment) that address their needs, and shall ensure that

teachers and families of the children participate, on an equitable basis, in services and activities developed pursuant to sections 1118 and 1119.

‘‘(2) SECULAR, NEUTRAL, NONIDEOLOGICAL.—Such educational services or other benefits, including materials and

equipment, shall be secular, neutral, and nonideological.

‘‘(3) EQUITY.—Educational services and other benefits for

such private school children shall be equitable in comparison to

services and other benefits for public school children participating under this part, and shall be provided in a timely manner.

‘‘(4) EXPENDITURES.—Expenditures for educational services

and other benefits to eligible private school children shall be

equal to the proportion of funds allocated to participating

school attendance areas based on the number of children from

low-income families who attend private schools, which the local

educational agency may determine each year or every 2 years.

‘‘(5) PROVISION OF SERVICES.—The local educational agency

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tracts with public and private agencies, organizations, and institutions.

‘‘(b) CONSULTATION.— ‘‘(1) IN GENERAL.—To ensure timely and meaningful consultation, a local educational agency shall consult with appropriate private school officials during the design and development of such agency’s programs under this part, on issues such

as— ‘‘(A) how the children’s needs will be identified; ‘‘(B) what services will be offered;

‘‘(C) how, where, and by whom the services will be provided; ‘‘(D) how the services will be academically assessed and

how the results of that assessment will be used to improve

those services; ‘‘(E) the size and scope of the equitable services to be

provided to the eligible private school children, and the

proportion of funds that is allocated under subsection (a)(4)

for such services; ‘‘(F) the method or sources of data that are used under

subsection (c) and section 1113(c)(1) to determine the number of children from low-income families in participating

school attendance areas who attend private schools; ‘‘(G) how and when the agency will make decisions

about the delivery of services to such children, including a

thorough consideration and analysis of the views of the private school officials on the provision of services through a

contract with potential third-party providers; and ‘‘(H) how, if the agency disagrees with the views of the

private school officials on the provision of services through

a contract, the local educational agency will provide in

writing to such private school officials an analysis of the

reasons why the local educational agency has chosen not to

use a contractor.

‘‘(2) TIMING.—Such consultation shall include meetings of

agency and private school officials and shall occur before the

local educational agency makes any decision that affects the opportunities of eligible private school children to participate in

programs under this part. Such meetings shall continue

throughout implementation and assessment of services provided

under this section. ‘‘(3) DISCUSSION.—Such consultation shall include a discussion of service delivery mechanisms a local educational

agency can use to provide equitable services to eligible private

school children.

‘‘(4) DOCUMENTATION.—Each local educational agency shall

maintain in the agency’s records and provide to the State educational agency involved a written affirmation signed by officials of each participating private school that the consultation

required by this section has occurred. If such officials do not

provide such affirmation within a reasonable period of time, the

local educational agency shall forward the documentation that

such consultation has taken place to the State educational

agency. ‘‘(5) COMPLIANCE.—

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‘‘(A) IN GENERAL.—A private school official shall have

the right to complain to the State educational agency that

the local educational agency did not engage in consultation

that was meaningful and timely, or did not give due consideration to the views of the private school official. ‘‘(B) PROCEDURE.—If the private school official wishes

to complain, the official shall provide the basis of the noncompliance with this section by the local educational agency to the State educational agency, and the local educational agency shall forward the appropriate documentation to the State educational agency. ‘‘(c) ALLOCATION FOR EQUITABLE SERVICE TO PRIVATE SCHOOL

STUDENTS.—‘‘(1) CALCULATION.—A local educational agency shall have

the final authority, consistent with this section, to calculate the

number of children, ages 5 through 17, who are from low-income families and attend private schools by— ‘‘(A) using the same measure of low income used to

count public school children; ‘‘(B) using the results of a survey that, to the extent possible, protects the identity of families of private school students, and allowing such survey results to be extrapolated

if complete actual data are unavailable; ‘‘(C) applying the low-income percentage of each participating public school attendance area, determined pursuant to this section, to the number of private school children

who reside in that school attendance area; or ‘‘(D) using an equated measure of low income correlated with the measure of low income used to count public school children.

‘‘(2) COMPLAINT PROCESS.—Any dispute regarding low-income data for private school students shall be subject to the

complaint process authorized in section 9505.

‘‘(d) PUBLIC CONTROL OF FUNDS.—

‘‘(1) IN GENERAL.—The control of funds provided under this

part, and title to materials, equipment, and property purchased

with such funds, shall be in a public agency, and a public agency shall administer such funds materials, equipment, and property.‘‘(2) PROVISION OF SERVICES.—

‘‘(A) PROVIDER.—The provision of services under this

section shall be provided—

‘‘(i) by employees of a public agency; or

‘‘(ii) through contract by such public agency with

an individual, association, agency, or organization.

‘‘(B) REQUIREMENT.—In the provision of such services,

such employee, individual, association, agency, or organization shall be independent of such private school and of any

religious organization, and such employment or contract

shall be under the control and supervision of such public

agency. ‘‘(e) STANDARDS FOR A BYPASS.—If a local educational agency

is prohibited by law from providing for the participation in programs on an equitable basis of eligible children enrolled in private

elementary schools and secondary schools, or if the Secretary deterVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00093 Fmt 6659 Sfmt 6603 E:\HR\OC\A334HR.033 pfrm07 PsN: A334HR
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mines that a local educational agency has substantially failed or is

unwilling, to provide for such participation, as required by this section, the Secretary shall— ‘‘(1) waive the requirements of this section for such local

educational agency; ‘‘(2) arrange for the provision of services to such children

through arrangements that shall be subject to the requirements

of this section and sections 9503 and 9504; and ‘‘(3) in making the determination under this subsection,

consider one or more factors, including the quality, size, scope,

and location of the program and the opportunity of eligible children to participate.

‘‘SEC. 1120A. FISCAL REQUIREMENTS.

‘‘(a) MAINTENANCE OF EFFORT.—A local educational agency

may receive funds under this part for any fiscal year only if the

State educational agency involved finds that the local educational

agency has maintained the agency’s fiscal effort in accordance with

section 9521. ‘‘(b) FEDERAL FUNDS TO SUPPLEMENT, NOT SUPPLANT, NON- FEDERAL FUNDS.— ‘‘(1) IN GENERAL.—A State educational agency or local educational agency shall use Federal funds received under this

part only to supplement the funds that would, in the absence

of such Federal funds, be made available from non-Federal

sources for the education of pupils participating in programs

assisted under this part, and not to supplant such funds. ‘‘(2) SPECIAL RULE.—No local educational agency shall be

required to provide services under this part through a particular instructional method or in a particular instructional setting in order to demonstrate such agency’s compliance with

paragraph (1).

‘‘(c) COMPARABILITY OF SERVICES.— ‘‘(1) IN GENERAL.— ‘‘(A) COMPARABLE SERVICES.—Except as provided in

paragraphs (4) and (5), a local educational agency may receive funds under this part only if State and local funds

will be used in schools served under this part to provide

services that, taken as a whole, are at least comparable to

services in schools that are not receiving funds under this

part.‘‘(B) SUBSTANTIALLY COMPARABLE SERVICES.—If the

local educational agency is serving all of such agency’s

schools under this part, such agency may receive funds

under this part only if such agency will use State and local

funds to provide services that, taken as a whole, are substantially comparable in each school.

‘‘(C) BASIS.—A local educational agency may meet the

requirements of subparagraphs (A) and (B) on a gradespan by grade-span basis or a school-by-school basis.

‘‘(2) WRITTEN ASSURANCE.—

‘‘(A) EQUIVALENCE.—A local educational agency shall

be considered to have met the requirements of paragraph

(1) if such agency has filed with the State educational

agency a written assurance that such agency has established and implemented—

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‘‘(i) a local educational agency-wide salary schedule;

‘‘(ii) a policy to ensure equivalence among schools

in teachers, administrators, and other staff; and

‘‘(iii) a policy to ensure equivalence among schools

in the provision of curriculum materials and instructional supplies.

‘‘(B) DETERMINATIONS.—For the purpose of this subsection, in the determination of expenditures per pupil from

State and local funds, or instructional salaries per pupil

from State and local funds, staff salary differentials for

years of employment shall not be included in such determinations.

‘‘(C) EXCLUSIONS.—A local educational agency need not

include unpredictable changes in student enrollment or personnel assignments that occur after the beginning of a

school year in determining comparability of services under

this subsection.

‘‘(3) PROCEDURES AND RECORDS.—Each local educational

agency assisted under this part shall—

‘‘(A) develop procedures for compliance with this subsection; and

‘‘(B) maintain records that are updated biennially documenting such agency’s compliance with this subsection.

‘‘(4) INAPPLICABILITY.—This subsection shall not apply to a

local educational agency that does not have more than one

building for each grade span.

‘‘(5) COMPLIANCE.—For the purpose of determining compliance with paragraph (1), a local educational agency may exclude State and local funds expended for—

‘‘(A) language instruction educational programs; and

‘‘(B) the excess costs of providing services to children

with disabilities as determined by the local educational

agency.

‘‘(d) EXCLUSION OF FUNDS.—For the purpose of complying with

subsections (b) and (c), a State educational agency or local educational agency may exclude supplemental State or local funds expended in any school attendance area or school for programs that

meet the intent and purposes of this part.

‘‘SEC. 1120B. COORDINATION REQUIREMENTS.

‘‘(a) IN GENERAL.—Each local educational agency receiving assistance under this part shall carry out the activities described in

subsection (b) with Head Start agencies and, if feasible, other entities carrying out early childhood development programs such as the

Early Reading First program.

‘‘(b) ACTIVITIES.—The activities referred to in subsection (a) are

activities that increase coordination between the local educational

agency and a Head Start agency and, if feasible, other entities carrying out early childhood development programs, such as the Early

Reading First program, serving children who will attend the schools

of the local educational agency, including—

‘‘(1) developing and implementing a systematic procedure

for receiving records regarding such children, transferred with

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ble, another early childhood development program such as the

Early Reading First program;

‘‘(2) establishing channels of communication between school

staff and their counterparts (including teachers, social workers,

and health staff) in such Head Start agencies or other entities

carrying out early childhood development programs such as the

Early Reading First program, as appropriate, to facilitate coordination of programs;

‘‘(3) conducting meetings involving parents, kindergarten or

elementary school teachers, and Head Start teachers or, if appropriate, teachers from other early childhood development programs such as the Early Reading First program, to discuss the

developmental and other needs of individual children;

‘‘(4) organizing and participating in joint transition-related

training of school staff, Head Start program staff, Early Reading First program staff, and, where appropriate, other early

childhood development program staff; and

‘‘(5) linking the educational services provided by such local

educational agency with the services provided by local Head

Start agencies and entities carrying out Early Reading First

programs.

‘‘(c) COORDINATION OF REGULATIONS.—The Secretary shall work

with the Secretary of Health and Human Services to coordinate regulations promulgated under this part with regulations promulgated

under the Head Start Act.

‘‘Subpart 2—Allocations

‘‘SEC. 1121. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY

OF THE INTERIOR.

‘‘(a) RESERVATION OF FUNDS.—From the amount appropriated

for payments to States for any fiscal year under section 1002(a) and

1125A(f), the Secretary shall reserve a total of 1 percent to provide

assistance to—

‘‘(1) the outlying areas in the amount determined in accordance with subsection (b); and

‘‘(2) the Secretary of the Interior in the amount necessary

to make payments pursuant to subsection (d).

‘‘(b) ASSISTANCE TO OUTLYING AREAS.—

‘‘(1) FUNDS RESERVED.—From the amount made available

for any fiscal year under subsection (a), the Secretary shall

award grants to local educational agencies in the outlying

areas.

‘‘(2) COMPETITIVE GRANTS.—Until each appropriate outlying area enters into an agreement for extension of United

States educational assistance under the Compact of Free Association after the date of enactment of the No Child Left Behind

Act of 2001, the Secretary shall carry out the competition described in paragraph (3), except that the amount reserved to

carry out such competition shall not exceed $5,000,000.

‘‘(3) LIMITATION FOR COMPETITIVE GRANTS.—

‘‘(A) COMPETITIVE GRANTS.—The Secretary shall use

funds described in paragraph (2) to award grants to the

outlying areas and freely associated States to carry out the

purposes of this part.

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‘‘(B) AWARD BASIS.—The Secretary shall award grants

under subparagraph (A) on a competitive basis, taking into

consideration the recommendations of the Pacific Region

Educational Laboratory in Honolulu, Hawaii.

‘‘(C) USES.—Except as provided in subparagraph (D),

grant funds awarded under this paragraph may be used

only—

‘‘(i) for programs described in this Act, including

teacher training, curriculum development, instructional materials, or general school improvement and

reform; and

‘‘(ii) to provide direct educational services that assist all students with meeting challenging State academic content standards.

‘‘(D) ADMINISTRATIVE COSTS.—The Secretary may provide not more than 5 percent of the amount reserved for

grants under this paragraph to pay the administrative

costs of the Pacific Region Educational Laboratory under

subparagraph (B).

‘‘(4) SPECIAL RULE.—The provisions of Public Law 95–134,

permitting the consolidation of grants by the outlying areas,

shall not apply to funds provided to the freely associated States

under this section.

‘‘(c) DEFINITIONS.—For the purpose of subsections (a) and (b)—

‘‘(1) the term ‘‘freely associated States’’ means the Republic

of the Marshall Islands, the Federated States of Micronesia,

and the Republic of Palau; and

‘‘(2) the term ‘‘outlying area’’ means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth

of the Northern Mariana Islands.

‘‘(d) ALLOTMENT TO THE SECRETARY OF THE INTERIOR.—

‘‘(1) IN GENERAL.—The amount allotted for payments to the

Secretary of the Interior under subsection (a)(2) for any fiscal

year shall be, as determined pursuant to criteria established by

the Secretary, the amount necessary to meet the special educational needs of—

‘‘(A) Indian children on reservations served by elementary schools and secondary schools for Indian children operated or supported by the Department of the Interior; and

‘‘(B) out-of-State Indian children in elementary schools

and secondary schools in local educational agencies under

special contracts with the Department of the Interior.

‘‘(2) PAYMENTS.—From the amount allotted for payments to

the Secretary of the Interior under subsection (a)(2), the Secretary of the Interior shall make payments to local educational

agencies, on such terms as the Secretary determines will best

carry out the purposes of this part, with respect to out-of-State

Indian children described in paragraph (1). The amount of

such payment may not exceed, for each such child, the greater

of—

‘‘(A) 40 percent of the average per-pupil expenditure in

the State in which the agency is located; or

‘‘(B) 48 percent of such expenditure in the United

States.

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‘‘SEC. 1122. ALLOCATIONS TO STATES.

‘‘(a) ALLOCATION FORMULA.—Of the amount appropriated under

section 1002(a) to carry out this part for each of fiscal years 2002

through 2007 (referred to in this subsection as the current fiscal

year)—

‘‘(1) an amount equal to the amount made available to

carry out section 1124 for fiscal year 2001 shall be allocated in

accordance with section 1124;

‘‘(2) an amount equal to the amount made available to

carry out section 1124A for fiscal year 2001 shall be allocated

in accordance with section 1124A; and ‘‘(3) an amount equal to 100 percent of the amount, if any,

by which the amount made available to carry out sections 1124,

1124A, and 1125 for the current fiscal year for which the determination is made exceeds the amount available to carry out sections 1124 and 1124A for fiscal year 2001 shall be allocated in

accordance with section 1125.

‘‘(b) ADJUSTMENTS WHERE NECESSITATED BY APPROPRIATIONS.—

‘‘(1) IN GENERAL.—If the sums available under this subpart

for any fiscal year are insufficient to pay the full amounts that

all local educational agencies in States are eligible to receive

under sections 1124, 1124A, and 1125 for such year, the Secretary shall ratably reduce the allocations to such local educational agencies, subject to subsections (c) and (d) of this section.

‘‘(2) ADDITIONAL FUNDS.—If additional funds become available for making payments under sections 1124, 1124A, and

1125 for such fiscal year, allocations that were reduced under

paragraph (1) shall be increased on the same basis as they were

reduced.

‘‘(c) HOLD-HARMLESS AMOUNTS.—

‘‘(1) AMOUNTS FOR SECTIONS 1124, 1124A, AND 1125.—For

each fiscal year, the amount made available to each local educational agency under each of sections 1124, 1124A, and 1125

shall be—

‘‘(A) not less than 95 percent of the amount made available for the preceding fiscal year if the number of children

counted for grants under section 1124 is not less than 30

percent of the total number of children aged 5 to 17 years,

inclusive, in the local educational agency;

‘‘(B) not less than 90 percent of the amount made available for the preceding fiscal year if the percentage described

in subparagraph (A) is between 15 percent and 30 percent;

and

‘‘(C) not less than 85 percent of the amount made available for the preceding fiscal year if the percentage described

in subparagraph (A) is below 15 percent.

‘‘(2) PAYMENTS.—If sufficient funds are appropriated, the

amounts described in paragraph (1) shall be paid to all local

educational agencies that received grants under section 1124A

for the preceding fiscal year, regardless of whether the local

educational agency meets the minimum eligibility criteria for

that fiscal year described in section 1124A(a)(1)(A) except that

a local educational agency that does not meet such minimum

95

eligibility criteria for 4 consecutive years shall no longer be eligible to receive a hold harmless amount referred to in paragraph (1). ‘‘(3) APPLICABILITY.—Notwithstanding any other provision

of law, the Secretary shall not take into consideration the holdharmless provisions of this subsection for any fiscal year for

purposes of calculating State or local allocations for the fiscal

year under any program administered by the Secretary other

than a program authorized under this part. ‘‘(4) POPULATION DATA.—For any fiscal year for which the

Secretary calculates grants on the basis of population data for

counties, the Secretary shall apply the hold-harmless percentages in paragraphs (1) and (2) to counties and, if the Secretary’s allocation for a county is not sufficient to meet the holdharmless requirements of this subsection for every local educational agency within that county, the State educational agency shall reallocate funds proportionately from all other local

educational agencies in the State that are receiving funds in excess of the hold-harmless amounts specified in this subsection.

‘‘(d) RATABLE REDUCTIONS.— ‘‘(1) IN GENERAL.—If the sums made available under this

subpart for any fiscal year are insufficient to pay the full

amounts that local educational agencies in all States are eligible to receive under subsection (c) for such year, the Secretary

shall ratably reduce such amounts for such year. ‘‘(2) ADDITIONAL FUNDS.—If additional funds become available for making payments under subsection (c) for such fiscal

year, amounts that were reduced under paragraph (1) shall be

increased on the same basis as such amounts were reduced.

‘‘(e) DEFINITION.—For the purpose of this section and sections

1124, 1124A, 1125, and 1125A, the term ‘‘State’’ means each of the

50 States, the District of Columbia, and the Commonwealth of Puerto Rico.

‘‘SEC. 1124. BASIC GRANTS TO LOCAL EDUCATIONAL AGENCIES.

‘‘(a) AMOUNT OF GRANTS.— ‘‘(1) GRANTS FOR LOCAL EDUCATIONAL AGENCIES AND PUER- TO RICO.—Except as provided in paragraph (4) and in section

1126, the grant that a local educational agency is eligible to receive under this section for a fiscal year is the amount determined by multiplying— ‘‘(A) the number of children counted under subsection

(c); and

‘‘(B) 40 percent of the average per-pupil expenditure in

the State, except that the amount determined under this

subparagraph shall not be less than 32 percent, or more

than 48 percent, of the average per-pupil expenditure in the

United States.

‘‘(2) CALCULATION OF GRANTS.—

‘‘(A) ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.—

The Secretary shall calculate grants under this section on

the basis of the number of children counted under subsection (c) for local educational agencies, unless the Secretary and the Secretary of Commerce determine that some

or all of those data are unreliable or that their use would

be otherwise inappropriate, in which case—

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‘‘(i) the 2 Secretaries shall publicly disclose the reasons for their determination in detail; and

‘‘(ii) paragraph (3) shall apply.

‘‘(B) ALLOCATIONS TO LARGE AND SMALL LOCAL EDUCATIONAL AGENCIES.—

‘‘(i) For any fiscal year to which this paragraph

applies, the Secretary shall calculate grants under this

section for each local educational agency.

‘‘(ii) The amount of a grant under this section for

each large local educational agency shall be the

amount determined under clause (i).

‘‘(iii) For small local educational agencies, the

State educational agency may either—

‘‘(I) distribute grants under this section in

amounts determined by the Secretary under clause

(i); or

‘‘(II) use an alternative method approved by

the Secretary to distribute the portion of the State’s

total grants under this section that is based on

those small agencies.

‘‘(iv) An alternative method under clause (iii)(II)

shall be based on population data that the State educational agency determines best reflect the current distribution of children in poor families among the State’s

small local educational agencies that meet the eligibility criteria of subsection (b).

‘‘(v) If a small local educational agency is dissatisfied with the determination of its grant by the State

educational agency under clause (iii)(II), it may appeal

that determination to the Secretary, who shall respond

not later than 45 days after receipt of such appeal.

‘‘(vi) As used in this subparagraph—

‘‘(I) the term ‘‘large local educational agency’’

means a local educational agency serving an area

with a total population of 20,000 or more; and

‘‘(II) the term ‘‘small local educational agency’’

means a local educational agency serving an area

with a total population of less than 20,000.

‘‘(3) ALLOCATIONS TO COUNTIES.—

‘‘(A) CALCULATION.—For any fiscal year to which this

paragraph applies, the Secretary shall calculate grants

under this section on the basis of the number of children

counted under subsection (c) for counties, and State educational agencies shall suballocate county amounts to local

educational agencies, in accordance with regulations issued

by the Secretary.

‘‘(B) DIRECT ALLOCATIONS.—In any State in which a

large number of local educational agencies overlap county

boundaries, or for which the State believes it has data that

would better target funds than allocating them by county,

the State educational agency may apply to the Secretary for

authority to make the allocations under this subpart for a

particular fiscal year directly to local educational agencies

without regard to counties.

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‘‘(C) ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.— If the Secretary approves the State educational agency’s application under subparagraph (B), the State educational

agency shall provide the Secretary an assurance that such

allocations shall be made— ‘‘(i) using precisely the same factors for determining a grant as are used under this subpart; or ‘‘(ii) using data that the State educational agency

submits to the Secretary for approval that more accurately target poverty.

‘‘(D) APPEAL.—The State educational agency shall provide the Secretary an assurance that it will establish a procedure through which a local educational agency that is

dissatisfied with its determinations under subparagraph

(B) may appeal directly to the Secretary for a final determination.

‘‘(4) PUERTO RICO.— ‘‘(A) IN GENERAL.—For each fiscal year, the grant that

the Commonwealth of Puerto Rico shall be eligible to receive under this section shall be the amount determined by

multiplying the number of children counted under subsection (c) for the Commonwealth of Puerto Rico by the

product of—

‘‘(i) subject to subparagraph (B), the percentage

that the average per-pupil expenditure in the Commonwealth of Puerto Rico is of the lowest average per-pupil

expenditure of any of the 50 States; and ‘‘(ii) 32 percent of the average per-pupil expenditure in the United States.

‘‘(B) MINIMUM PERCENTAGE.—The percentage in subparagraph (A)(i) shall not be less than— ‘‘(i) for fiscal year 2002, 77.5 percent;

‘‘(ii) for fiscal year 2003, 80.0 percent;

‘‘(iii) for fiscal year 2004, 82.5 percent;

‘‘(iv) for fiscal year 2005, 85.0 percent;

‘‘(v) for fiscal year 2006, 92.5 percent; and

‘‘(vi) for fiscal year 2007 and succeeding fiscal

years, 100.0 percent.

‘‘(C) LIMITATION.—If the application of subparagraph

(B) would result in any of the 50 States or the District of

Columbia receiving less under this subpart than it received

under this subpart for the preceding fiscal year, the percentage in subparagraph (A) shall be the greater of— ‘‘(i) the percentage in subparagraph (A)(i);

‘‘(ii) the percentage specified in subparagraph (B)

for the preceding fiscal year; or ‘‘(iii) the percentage used for the preceding fiscal

year. ‘‘(b) MINIMUM NUMBER OF CHILDREN TO QUALIFY.—A local

educational agency is eligible for a basic grant under this section

for any fiscal year only if the number of children counted under

subsection (c) for that agency is both— ‘‘(1) 10 or more; and

‘‘(2) more than 2 percent of the total school-age population

in the agency’s jurisdiction.

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‘‘(c) CHILDREN TO BE COUNTED.— ‘‘(1) CATEGORIES OF CHILDREN.—The number of children to

be counted for purposes of this section is the aggregate of— ‘‘(A) the number of children aged 5 to 17, inclusive, in

the school district of the local educational agency from families below the poverty level as determined under paragraph

(2); ‘‘(B) the number of children (determined under paragraph (4) for either the preceding year as described in that

paragraph, or for the second preceding year, as the Secretary finds appropriate) aged 5 to 17, inclusive, in the

school district of such agency in institutions for neglected

and delinquent children (other than such institutions operated by the United States), but not counted pursuant to

subpart 1 of part D for the purposes of a grant to a State

agency, or being supported in foster homes with public

funds; and ‘‘(C) the number of children aged 5 to 17, inclusive, in

the school district of such agency from families above the

poverty level as determined under paragraph (4).

‘‘(2) DETERMINATION OF NUMBER OF CHILDREN.—For the

purposes of this section, the Secretary shall determine the number of children aged 5 to 17, inclusive, from families below the

poverty level on the basis of the most recent satisfactory data,

described in paragraph (3), available from the Department of

Commerce. The District of Columbia and the Commonwealth of

Puerto Rico shall be treated as individual local educational

agencies. If a local educational agency contains 2 or more counties in their entirety, then each county will be treated as if such

county were a separate local educational agency for purposes of

calculating grants under this part. The total of grants for such

counties shall be allocated to such a local educational agency,

which local educational agency shall distribute to schools in

each county within such agency a share of the local educational

agency’s total grant that is no less than the county’s share of

the population counts used to calculate the local educational

agency’s grant.

‘‘(3) POPULATION UPDATES.— ‘‘(A) IN GENERAL.—In fiscal year 2002 and each subsequent fiscal year, the Secretary shall use updated data on

the number of children, aged 5 to 17, inclusive, from families below the poverty level for counties or local educational

agencies, published by the Department of Commerce, unless

the Secretary and the Secretary of Commerce determine

that the use of the updated population data would be inappropriate or unreliable. If appropriate and reliable data are

not available annually, the Secretary shall use data which

are updated every 2 years. ‘‘(B) INAPPROPRIATE OR UNRELIABLE DATA.—If the Secretary and the Secretary of Commerce determine that some

or all of the data referred to in subparagraph (A) are inappropriate or unreliable, the Secretary and the Secretary of

Commerce shall publicly disclose their reasons. ‘‘(C) CRITERIA OF POVERTY.—In determining the families that are below the poverty level, the Secretary shall use

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the criteria of poverty used by the Bureau of the Census in

compiling the most recent decennial census, as the criteria

have been updated by increases in the Consumer Price

Index for All Urban Consumers, published by the Bureau

of Labor Statistics.

‘‘(4) OTHER CHILDREN TO BE COUNTED.—

‘‘(A) For the purpose of this section, the Secretary shall

determine the number of children aged 5 to 17, inclusive,

from families above the poverty level on the basis of the

number of such children from families receiving an annual

income, in excess of the current criteria of poverty, from

payments under a State program funded under part A of

title IV of the Social Security Act; and in making such determinations, the Secretary shall use the criteria of poverty

used by the Bureau of the Census in compiling the most recent decennial census for a family of 4 in such form as

those criteria have been updated by increases in the Consumer Price Index for all urban consumers, published by

the Bureau of Labor Statistics.

‘‘(B) The Secretary shall determine the number of such

children and the number of children aged 5 through 17 living in institutions for neglected or delinquent children, or

being supported in foster homes with public funds, on the

basis of the caseload data for the month of October of the

preceding fiscal year (using, in the case of children described in the preceding sentence, the criteria of poverty

and the form of such criteria required by such sentence

which were determined for the calendar year preceding

such month of October) or, to the extent that such data are

not available to the Secretary before January of the calendar year in which the Secretary’s determination is made,

then on the basis of the most recent reliable data available

to the Secretary at the time of such determination.

‘‘(C) Except for the data on children living in institutions for neglected or delinquent children, the Secretary of

Health and Human Services shall collect and transmit the

information required by this subparagraph to the Secretary

not later than January 1 of each year.

‘‘(D) For the purpose of this section, the Secretary shall

consider all children who are in correctional institutions to

be living in institutions for delinquent children.

‘‘(5) ESTIMATE.—When requested by the Secretary, the Secretary of Commerce shall make a special updated estimate of

the number of children of such ages who are from families

below the poverty level (as determined under paragraph (1)(A))

in each school district, and the Secretary is authorized to pay

(either in advance or by way of reimbursement) the Secretary of

Commerce the cost of making this special estimate. The Secretary of Commerce shall give consideration to any request of

the chief executive of a State for the collection of additional census information.

‘‘(d) STATE MINIMUM.—Notwithstanding section 1122, the aggregate amount allotted for all local educational agencies within a

State may not be less than the lesser of—

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‘‘(1) 0.25 percent of the total amount allocated to States

under this section for fiscal year 2001, plus 0.35 percent of the

total amount allocated to States under this section in excess of

the amount allocated for fiscal year 2001; or ‘‘(2) the average of— ‘‘(A) the amount calculated in paragraph (1), above;

and ‘‘(B) the number of children in such State counted

under subsection (c) in the fiscal year multiplied by 150

percent of the national average per-pupil payment made

with funds available under this section for that year.

‘‘SEC. 1124A. CONCENTRATION GRANTS TO LOCAL EDUCATIONAL

AGENCIES.

‘‘(a) ELIGIBILITY FOR AND AMOUNT OF GRANTS.— ‘‘(1) IN GENERAL.—(A) Except as otherwise provided in this

paragraph, each local educational agency which is eligible for

a grant under section 1124 for any fiscal year is eligible for an

additional grant under this section for that fiscal year if the

number of children counted under section 1124(c) in the agency

exceeds either— ‘‘(i) 6,500; or

‘‘(ii) 15 percent of the total number of children aged 5

through 17 in the agency.

‘‘(B) Notwithstanding section 1122, no State shall receive

less than the lesser of— ‘‘(i) 0.25 percent of the total amount allocated to States

under this section for fiscal year 2001, plus 0.35 percent of

the total amount allocated to States under this section in

excess of the amount allocated for fiscal year 2001; or ‘‘(ii) the average of— ‘‘(I) the amount calculated under clause (i); and

‘‘(II) the greater of— ‘‘(aa) $340,000; or

‘‘(bb) the number of children in such State

counted for purposes of this section in that fiscal

year multiplied by 150 percent of the national average per-pupil payment made with funds available under this section for that year.

‘‘(2) DETERMINATION.—For each county or local educational

agency eligible to receive an additional grant under this section

for any fiscal year, the Secretary shall determine the product

of—

‘‘(A) the number of children counted under section

1124(c) for that fiscal year; and

‘‘(B) the amount in section 1124(a)(1)(B) for each State

except the Commonwealth of Puerto Rico, and the amount

in section 1124(a)(4) for the Commonwealth of Puerto Rico.

‘‘(3) AMOUNT.—The amount of the additional grant for

which an eligible local educational agency or county is eligible

under this section for any fiscal year shall be an amount which

bears the same ratio to the amount available to carry out this

section for that fiscal year as the product determined under

paragraph (2) for such local educational agency for that fiscal

year bears to the sum of such products for all local educational

agencies in the United States for that fiscal year.

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‘‘(4) LOCAL ALLOCATIONS.—(A) Grant amounts under this

section shall be determined in accordance with section

1124(a)(2), (3) and (4).

‘‘(B) For any fiscal year for which the Secretary allocates

funds under this section on the basis of counties, a State may

reserve not more than 2 percent of its allocation under this section to make grants to local educational agencies that meet the

criteria of paragraph (1)(A)(i) or (ii) and are in ineligible counties that do not meet these criteria.

‘‘(b) SMALL STATES.—In any State for which on the date of enactment of the No Child Left Behind Act of 2001 the number of children counted under Section 1124(c) is less than 0.25 percent of the

number of those children counted for all States, the State educational agency shall allocate funds under this section among the

local educational agencies in the State either—

‘‘(1) in accordance with paragraphs (2) and (4) of subsection (a); or

‘‘(2) based on their respective concentrations and numbers

of children counted under section 1124(c), except that only those

local educational agencies with concentrations or numbers of

children counted under section 1124(c) that exceed the statewide

average percentage of such children or the statewide average

number of such children shall receive any funds on the basis of

this paragraph.

‘‘SEC. 1125. TARGETED GRANTS TO LOCAL EDUCATIONAL AGENCIES.

‘‘(a) ELIGIBILITY OF LOCAL EDUCATIONAL AGENCIES.—

‘‘(1) IN GENERAL.—A local educational agency in a State is

eligible to receive a targeted grant under this section for any fiscal year if—

‘‘(A) the number of children in the local educational

agency counted under section 1124(c), before application of

the weighted child count described in subsection (c), is at

least 10; and

‘‘(B) if the number of children counted for grants under

section 1124(c), before application of the weighted child

count described in subsection (c), is at least 5 percent of the

total number of children aged 5 to 17 years, inclusive, in

the school district of the local educational agency.

‘‘(2) SPECIAL RULE.—For any fiscal year for which the Secretary allocates funds under this section on the basis of counties, funds made available as a result of applying this subsection shall be reallocated by the State educational agency to

other eligible local educational agencies in the State in proportion to the distribution of other funds under this section.

‘‘(b) GRANTS FOR LOCAL EDUCATIONAL AGENCIES, THE DISTRICT

OF COLUMBIA, AND THE COMMONWEALTH OF PUERTO RICO.—

‘‘(1) IN GENERAL.—The amount of the grant that a local

educational agency in a State (other than the Commonwealth of

Puerto Rico) is eligible to receive under this section for any fiscal year shall be the product of—

‘‘(A) the weighted child count determined under subsection (c); and

‘‘(B) the amount determined under section

1124(a)(1)(B).

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‘‘(2) PUERTO RICO.—For each fiscal year, the amount of the

grant the Commonwealth of Puerto Rico is eligible to receive

under this section shall be equal to the number of children

counted under subsection (c) for the Commonwealth of Puerto

Rico, multiplied by the amount determined in section 1124(a)(4)

for the Commonwealth of Puerto Rico.

‘‘(c) WEIGHTED CHILD COUNT.— ‘‘(1) WEIGHTS FOR ALLOCATIONS TO COUNTIES.— ‘‘(A) IN GENERAL.—For each fiscal year for which the

Secretary uses county population data to calculate grants,

the weighted child count used to determine a county’s allocation under this section is the larger of the 2 amounts determined under subparagraphs (B) and (C). ‘‘(B) BY PERCENTAGE OF CHILDREN.—The amount referred to in subparagraph (A) is determined by adding— ‘‘(i) the number of children determined under section 1124(c) for that county who constitute not more

than 15.00 percent, inclusive, of the county’s total population aged 5 to 17, inclusive, multiplied by 1.0; ‘‘(ii) the number of such children who constitute

more than 15.00 percent, but not more than 19.00 percent, of such population, multiplied by 1.75; ‘‘(iii) the number of such children who constitute

more than 19.00 percent, but not more than 24.20 percent, of such population, multiplied by 2.5; ‘‘(iv) the number of such children who constitute

more than 24.20 percent, but not more than 29.20 percent, of such population, multiplied by 3.25; and ‘‘(v) the number of such children who constitute

more than 29.20 percent of such population, multiplied

by 4.0.

‘‘(C) BY NUMBER OF CHILDREN.—The amount referred

to in subparagraph (A) is determined by adding— ‘‘(i) the number of children determined under section 1124(c) who constitute not more than 2,311, inclusive, of the county’s total population aged 5 to 17, inclusive, multiplied by 1.0; ‘‘(ii) the number of such children between 2,312

and 7,913, inclusive, in such population, multiplied by

1.5; ‘‘(iii) the number of such children between 7,914

and 23,917, inclusive, in such population, multiplied

by 2.0; ‘‘(iv) the number of such children between 23,918

and 93,810, inclusive, in such population, multiplied

by 2.5; and ‘‘(v) the number of such children in excess of

93,811 in such population, multiplied by 3.0.

‘‘(D) PUERTO RICO.—Notwithstanding subparagraph

(A), the weighting factor for the Commonwealth of Puerto

Rico under this paragraph shall not be greater than the

total number of children counted under section 1124(c)

multiplied by 1.82.

‘‘(2) WEIGHTS FOR ALLOCATIONS TO LOCAL EDUCATIONAL

AGENCIES.—

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‘‘(A) IN GENERAL.—For each fiscal year for which the

Secretary uses local educational agency data, the weighted

child count used to determine a local educational agency’s

grant under this section is the larger of the 2 amounts determined under subparagraphs (B) and (C). ‘‘(B) BY PERCENTAGE OF CHILDREN.—The amount referred to in subparagraph (A) is determined by adding— ‘‘(i) the number of children determined under section 1124(c) for that local educational agency who constitute not more than 15.58 percent, inclusive, of the

agency’s total population aged 5 to 17, inclusive, multiplied by 1.0; ‘‘(ii) the number of such children who constitute

more than 15.58 percent, but not more than 22.11 percent, of such population, multiplied by 1.75; ‘‘(iii) the number of such children who constitute

more than 22.11 percent, but not more than 30.16 percent, of such population, multiplied by 2.5; ‘‘(iv) the number of such children who constitute

more than 30.16 percent, but not more than 38.24 percent, of such population, multiplied by 3.25; and ‘‘(v) the number of such children who constitute

more than 38.24 percent of such population, multiplied

by 4.0.

‘‘(C) BY NUMBER OF CHILDREN.—The amount referred

to in subparagraph (A) is determined by adding— ‘‘(i) the number of children determined under section 1124(c) who constitute not more than 691, inclusive, of the agency’s total population aged 5 to 17, inclusive, multiplied by 1.0; ‘‘(ii) the number of such children between 692 and

2,262, inclusive, in such population, multiplied by 1.5; ‘‘(iii) the number of such children between 2,263

and 7,851, inclusive, in such population, multiplied by

2.0;

‘‘(iv) the number of such children between 7,852

and 35,514, inclusive, in such population, multiplied

by 2.5; and

‘‘(v) the number of such children in excess of

35,514 in such population, multiplied by 3.0.

‘‘(D) PUERTO RICO.—Notwithstanding subparagraph

(A), the weighting factor for the Commonwealth of Puerto

Rico under this paragraph shall not be greater than the

total number of children counted under section 1124(c)

multiplied by 1.82.

‘‘(d) CALCULATION OF GRANT AMOUNTS.—Grant amounts under

this section shall be calculated in the same manner as grant

amounts are calculated under section 1124(a) (2) and (3).

‘‘(e) STATE MINIMUM.—Notwithstanding any other provision of

this section or section 1122, from the total amount available for any

fiscal year to carry out this section, each State shall be allotted at

least the lesser of— ‘‘(1) 0.35 percent of the total amount available to carry out

this section; or ‘‘(2) the average of—

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‘‘(A) 0.35 percent of the total amount available to carry

out this section; and

‘‘(B) 150 percent of the national average grant under

this section per child described in section 1124(c), without

application of a weighting factor, multiplied by the State’s

total number of children described in section 1124(c), without application of a weighting factor.

‘‘SEC. 1125AA. ADEQUACY OF FUNDING OF TARGETED GRANTS TO

LOCAL EDUCATIONAL AGENCIES IN FISCAL YEARS AFTER

FISCAL YEAR 2001.

‘‘(a) FINDINGS.—Congress makes the following findings:

‘‘(1) The current Basic Grant Formula for the distribution

of funds under this part often does not provide funds for the

economically disadvantaged students for which such funds are

targeted.

‘‘(2) Any school district in which more than 2 percent of the

students live below the poverty level qualifies for funding under

the Basic Grant Formula. As a result, 9 out of every 10 school

districts in the country receive some form of aid under the Formula.

‘‘(3) 58 percent of all schools receive at least some funding

under this part, including many suburban schools with predominantly well-off students.

‘‘(4) 1 out of every 5 schools with concentrations of poor students between 50 and 75 percent receive no funding at all under

this part.

‘‘(5) In passing the Improving America’s Schools Act in

1994, Congress declared that grants under this part would

more sharply target high poverty schools by using the Targeted

Grant Formula, but annual appropriation Acts have prevented

the use of that Formula.

‘‘(6) The advantage of the Targeted Grant Formula over

other funding formulas under this part is that the Targeted

Grant Formula provides increased grants per poor child as the

percentage of economically disadvantaged children in a school

district increases.

‘‘(7) Studies have found that the poverty of a child’s family

is much more likely to be associated with educational disadvantage if the family lives in an area with large concentrations of

poor families.

‘‘(8) States with large populations of high poverty students

would receive significantly more funding if more funds under

this part were allocated through the Targeted Grant Formula.

‘‘(9) Congress has an obligation to allocate funds under this

part so that such funds will positively affect the largest number

of economically disadvantaged students.

‘‘(b) LIMITATION ON ALLOCATION OF TITLE I FUNDS CONTINGENT ON ADEQUATE FUNDING OF TARGETED GRANTS.—Pursuant to

section 1122, the total amount allocated in any fiscal year after fiscal year 2001 for programs and activities under this part shall not

exceed the amount allocated in fiscal year 2001 for such programs

and activities unless the amount available for targeted grants to

local educational agencies under section 1125 in the applicable fiscal year meets the requirements of section 1122(a).

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‘‘SEC. 1125A. EDUCATION FINANCE INCENTIVE GRANT PROGRAM.

‘‘(a) GRANTS.—From funds appropriated under subsection (f)

the Secretary is authorized to make grants to States, from allotments under subsection (b), to carry out the programs and activities

of this part.

‘‘(b) DISTRIBUTION BASED UPON FISCAL EFFORT AND EQUITY.—

‘‘(1) IN GENERAL.—

‘‘(A) IN GENERAL.—Except as provided in subparagraph

(B), funds appropriated pursuant to subsection (f) shall be

allotted to each State based upon the number of children

counted under section 1124(c) in such State multiplied by

the product of—

‘‘(i) the amount in section 1124(a)(1)(B) for all

States other than the Commonwealth of Puerto Rico,

except that the amount determined under that subparagraph shall not be less that 34 percent or more than 46

percent of the average per pupil expenditure in the

United States, and the amount in section 1124(a)(4) for

the Commonwealth of Puerto Rico, except that the

amount in section 1124(a)(4)(A)(ii) shall be 34 percent

of the average per pupil expenditure in the United

States; multiplied by

‘‘(ii) such State’s effort factor described in paragraph (2); multiplied by

‘‘(iii) 1.30 minus such State’s equity factor described in paragraph (3).

‘‘(B) STATE MINIMUM.—Notwithstanding any other provision of this section or section 1122, from the total amount

available for any fiscal year to carry out this section, each

State shall be allotted at least the lesser of—

‘‘(i) 0.35 percent of total appropriations; or

‘‘(ii) the average of—

‘‘(I) 0.35 percent of the total amount available

to carry out this section; and

‘‘(II) 150 percent of the national average grant

under this section per child described in section

1124(c), without application of a weighting factor,

multiplied by the State’s total number of children

described in section 1124(c), without application of

a weighting factor.

‘‘(2) EFFORT FACTOR.—

‘‘(A) IN GENERAL.—Except as provided in subparagraph

(B), the effort factor for a State shall be determined in accordance with the succeeding sentence, except that such factor shall not be less than 0.95 nor greater than 1.05. The

effort factor determined under this sentence shall be a fraction the numerator of which is the product of the 3-year average per-pupil expenditure in the State multiplied by the

3-year average per capita income in the United States and

the denominator of which is the product of the 3-year average per capita income in such State multiplied by the 3-

year average per-pupil expenditure in the United States.

‘‘(B) COMMONWEALTH OF PUERTO RICO.—The effort factor for the Commonwealth of Puerto Rico shall be equal to

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the lowest effort factor calculated under subparagraph (A)

for any State.

‘‘(3) EQUITY FACTOR.— ‘‘(A) DETERMINATION.— ‘‘(i) IN GENERAL.—Except as provided in subparagraph (B), the Secretary shall determine the equity factor under this section for each State in accordance with

clause (ii). ‘‘(ii) COMPUTATION.— ‘‘(I) IN GENERAL.—For each State, the Secretary shall compute a weighted coefficient of variation for the per-pupil expenditures of local educational agencies in accordance with subclauses

(II), (III), and (IV). ‘‘(II) VARIATION.—In computing coefficients of

variation, the Secretary shall weigh the variation

between per-pupil expenditures in each local educational agency and the average per-pupil expenditures in the State according to the number of pupils served by the local educational agency. ‘‘(III) NUMBER OF PUPILS.—In determining the

number of pupils under this paragraph served by

each local educational agency and in each State,

the Secretary shall multiply the number of children counted under section 1124(c) by a factor of

1.4. ‘‘(IV) ENROLLMENT REQUIREMENT.—In computing coefficients of variation, the Secretary shall

include only those local educational agencies with

an enrollment of more than 200 students. ‘‘(B) SPECIAL RULE.—The equity factor for a State that

meets the disparity standard described in section 222.162

of title 34, Code of Federal Regulations (as such section

was in effect on the day preceding the date of enactment of

the No Child Left Behind Act of 2001) or a State with only

1 local educational agency shall be not greater than 0.10.

‘‘(c) USE OF FUNDS; ELIGIBILITY OF LOCAL EDUCATIONAL AGEN- CIES.—All funds awarded to each State under this section shall be

allocated to local educational agencies under the following provisions. Within local educational agencies, funds allocated under this

section shall be distributed to schools on a basis consistent with section 1113, and may only be used to carry out activities under this

part. A local educational agency in a State is eligible to receive a

targeted grant under this section for any fiscal year if— ‘‘(A) the number of children in the local educational agency

counted under section 1124(c), before application of the weighted child count described in paragraph (3), is at least 10; and ‘‘(B) if the number of children counted for grants under section 1124(c), before application of the weighted child count described in paragraph (3), is at least 5 percent of the total number of children aged 5 to 17 years, inclusive, in the school district of the local educational agency.

‘‘For any fiscal year for which the Secretary allocates funds

under this section on the basis of counties, funds made available as

a result of applying this subsection shall be reallocated by the State

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educational agency to other eligible local educational agencies in the

State in proportion to the distribution of other funds under this section.‘‘(d) ALLOCATION OF FUNDS TO ELIGIBLE LOCAL EDUCATIONAL

AGENCIES.—Funds received by States under this section shall be allocated within States to eligible local educational agencies on the

basis of weighted child counts calculated in accordance with paragraph (1), (2), or (3), as appropriate for each State. ‘‘(1) STATES WITH AN EQUITY FACTOR LESS THAN .10.—In

States with an equity factor less than .10, the weighted child

counts referred to in subsection (d) shall be calculated as follows: ‘‘(A) WEIGHTS FOR ALLOCATIONS TO COUNTIES.— ‘‘(i) IN GENERAL.—For each fiscal year for which

the Secretary uses county population data to calculate

grants, the weighted child count used to determine a

county’s allocation under this section is the larger of

the 2 amounts determined under clauses (ii) and (iii). ‘‘(ii) BY PERCENTAGE OF CHILDREN.—The amount

referred to in clause ‘‘(i) is determined by adding— ‘‘(I) the number of children determined under

section 1124(c) for that county who constitute not

more than 15.00 percent, inclusive, of the county’s

total population aged 5 to 17, inclusive, multiplied

by 1.0; ‘‘(II) the number of such children who constitute more than 15.00 percent, but not more than

19.00 percent, of such population, multiplied by

1.75;‘‘(III) the number of such children who constitute more than 19.00 percent, but not more than

24.20 percent, of such population, multiplied by

2.5; ‘‘(IV) the number of such children who constitute more than 24.20 percent, but not more than

29.20 percent, of such population, multiplied by

3.25; and

‘‘(V) the number of such children who constitute more than 29.20 percent of such population,

multiplied by 4.0.

‘‘(iii) BY NUMBER OF CHILDREN.—The amount referred to in clause (i) is determined by adding

‘‘(I) the number of children determined under

section 1124(c) who constitute not more than 2,311,

inclusive, of the county’s total population aged 5 to

17, inclusive, multiplied by 1.0;

‘‘(II) the number of such children between

2,312 and 7,913, inclusive, in such population,

multiplied by 1.5; ‘‘(III) the number of such children between

7,914 and 23,917, inclusive, in such population,

multiplied by 2.0; ‘‘(IV) the number of such children between

23,918 and 93,810, inclusive, in such population,

multiplied by 2.5; and

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‘‘(V) the number of such children in excess of

93,811 in such population, multiplied by 3.0. ‘‘(B) WEIGHTS FOR ALLOCATIONS TO LOCAL EDU- CATIONAL AGENCIES.— ‘‘(i) IN GENERAL.—For each fiscal year for which

the Secretary uses local educational agency data, the

weighted child count used to determine a local educational agency’s grant under this section is the larger

of the 2 amounts determined under clauses (ii) and

(iii).‘‘(ii) BY PERCENTAGE OF CHILDREN.—The amount

referred to in clause (i) is determined by adding— ‘‘(I) the number of children determined under

section 1124(c) for that local educational agency

who constitute not more than 15.58 percent, inclusive, of the agency’s total population aged 5 to 17,

inclusive, multiplied by 1.0; ‘‘(II) the number of such children who constitute more than 15.58 percent, but not more than

22.11 percent, of such population, multiplied by

1.75;‘‘(III) the number of such children who constitute more than 22.11 percent, but not more than

30.16 percent, of such population, multiplied by

2.5; ‘‘(IV) the number of such children who constitute more than 30.16 percent, but not more than

38.24 percent, of such population, multiplied by

3.25; and ‘‘(V) the number of such children who constitute more than 38.24 percent of such population,

multiplied by 4.0.

‘‘(iii) BY NUMBER OF CHILDREN.—The amount referred to in clause (i) is determined by adding—

‘‘(I) the number of children determined under

section 1124(c) who constitute not more than 691,

inclusive, of the agency’s total population aged 5 to

17, inclusive, multiplied by 1.0;

‘‘(II) the number of such children between 692

and 2,262, inclusive, in such population, multiplied by 1.5;

‘‘(III) the number of such children between

2,263 and 7,851, inclusive, in such population,

multiplied by 2.0;

‘‘(IV) the number of such children between

7,852 and 35,514, inclusive, in such population,

multiplied by 2.5; and

‘‘(V) the number of such children in excess of

35,514 in such population, multiplied by 3.0.

‘‘(2) STATES WITH AN EQUITY FACTOR GREATER THAN OR

EQUAL TO .10 AND LESS THAN .20.—In States with an equity factor greater than or equal to .10 and less than .20,the weighted

child counts referred to in subsection (d) shall be calculated as

follows:

‘‘(A) WEIGHTS FOR ALLOCATIONS TO COUNTIES.—

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‘‘(i) IN GENERAL.—For each fiscal year for which

the Secretary uses county population data to calculate

grants, the weighted child count used to determine a

county’s allocation under this section is the larger of

the 2 amounts determined under clauses (ii) and (iii).

‘‘(ii) BY PERCENTAGE OF CHILDREN.—The amount

referred to in clause (i) is determined by adding—

‘‘(I) the number of children determined under

section 1124(c) for that county who constitute not

more than 15.00 percent, inclusive, of the county’s

total population aged 5 to 17, inclusive, multiplied

by 1.0;

‘‘(II) the number of such children who constitute more than 15.00 percent, but not more than

19.00 percent, of such population, multiplied by

1.5;

‘‘(III) the number of such children who constitute more than 19.00 percent, but not more than

24.20 percent, of such population, multiplied by

3.0;

‘‘(IV) the number of such children who constitute more than 24.20 percent, but not more than

29.20 percent, of such population, multiplied by

4.5; and

‘‘(V) the number of such children who constitute more than 29.20 percent of such population,

multiplied by 6.0.

‘‘(iii) BY NUMBER OF CHILDREN.—The amount referred to in clause (i) is determined by adding—

‘‘(I) the number of children determined under

section 1124(c) who constitute not more than 2,311,

inclusive, of the county’s total population aged 5 to

17, inclusive, multiplied by 1.0;

‘‘(II) the number of such children between

2,312 and 7,913, inclusive, in such population,

multiplied by 1.5;

‘‘(III) the number of such children between

7,914 and 23,917, inclusive, in such population,

multiplied by 2.25;

‘‘(IV) the number of such children between

23,918 and 93,810, inclusive, in such population,

multiplied by 3.375; and

‘‘(V) the number of such children in excess of

93,811 in such population, multiplied by 4.5.

‘‘(B) WEIGHTS FOR ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.—

‘‘(i) IN GENERAL.—For each fiscal year for which

the Secretary uses local educational agency data, the

weighted child count used to determine a local educational agency’s grant under this section is the larger

of the 2 amounts determined under clauses (ii) and

(iii).

‘‘(ii) BY PERCENTAGE OF CHILDREN.—The amount

referred to in clause (i) is determined by adding—

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‘‘(I) the number of children determined under

section 1124(c) for that local educational agency

who constitute not more than 15.58 percent, inclusive, of the agency’s total population aged 5 to 17,

inclusive, multiplied by 1.0;

‘‘(II) the number of such children who constitute more than 15.58 percent, but not more than

22.11 percent, of such population, multiplied by

1.5;

‘‘(III) the number of such children who constitute more than 22.11 percent, but not more than

30.16 percent, of such population, multiplied by

3.0;

‘‘(IV) the number of such children who constitute more than 30.16 percent, but not more than

38.24 percent, of such population, multiplied by

4.5; and

‘‘(V) the number of such children who constitute more than 38.24 percent of such population,

multiplied by 6.0.

‘‘(iii) BY NUMBER OF CHILDREN.—The amount referred to in clause (i) is determined by adding—

‘‘(I) the number of children determined under

section 1124(c) who constitute not more than 691,

inclusive, of the agency’s total population aged 5 to

17, inclusive, multiplied by 1.0;

‘‘(II) the number of such children between 692

and 2,262, inclusive, in such population, multiplied by 1.5;

‘‘(III) the number of such children between

2,263 and 7,851, inclusive, in such population,

multiplied by 2.25;

‘‘(IV) the number of such children between

7,852 and 35,514, inclusive, in such population,

multiplied by 3.375; and

‘‘(V) the number of such children in excess of

35,514 in such population, multiplied by 4.5.

‘‘(3) STATES WITH AN EQUITY FACTOR GREATER THAN OR

EQUAL TO .20.—In States with an equity factor greater than or

equal to .20, the weighted child counts referred to in subsection

(d) shall be calculated as follows:

‘‘(A) WEIGHTS FOR ALLOCATIONS TO COUNTIES.—

‘‘(i) IN GENERAL.—For each fiscal year for which

the Secretary uses county population data to calculate

grants, the weighted child count used to determine a

county’s allocation under this section is the larger of

the 2 amounts determined under clauses (ii) and (iii).

‘‘(ii) BY PERCENTAGE OF CHILDREN.—The amount

referred to in clause (i) is determined by adding—

‘‘(I) the number of children determined under

section 1124(c) for that county who constitute not

more than 15.00 percent, inclusive, of the county’s

total population aged 5 to 17, inclusive, multiplied

by 1.0;

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‘‘(II) the number of such children who constitute more than 15.00 percent, but not more than

19.00 percent, of such population, multiplied by

2.0; ‘‘(III) the number of such children who constitute more than 19.00 percent, but not more than

24.20 percent, of such population, multiplied by

4.0; ‘‘(IV) the number of such children who constitute more than 24.20 percent, but not more than

29.20 percent, of such population, multiplied by

6.0; and ‘‘(V) the number of such children who constitute more than 29.20 percent of such population,

multiplied by 8.0.

‘‘(iii) BY NUMBER OF CHILDREN.—The amount referred to in clause (i) is determined by adding— ‘‘(I) the number of children determined under

section 1124(c) who constitute not more than 2,311,

inclusive, of the county’s total population aged 5 to

17, inclusive, multiplied by 1.0; ‘‘(II) the number of such children between

2,312 and 7,913, inclusive, in such population,

multiplied by 2.0; ‘‘(III) the number of such children between

7,914 and 23,917, inclusive, in such population,

multiplied by 3.0; ‘‘(IV) the number of such children between

23,918 and 93,810, inclusive, in such population,

multiplied by 4.5; and ‘‘(V) the number of such children in excess of

93,811 in such population, multiplied by 6.0. ‘‘(B) WEIGHTS FOR ALLOCATIONS TO LOCAL EDU- CATIONAL AGENCIES.—

‘‘(i) IN GENERAL.—For each fiscal year for which

the Secretary uses local educational agency data, the

weighted child count used to determine a local educational agency’s grant under this section is the larger

of the 2 amounts determined under clauses (ii) and

(iii).‘‘(ii) BY PERCENTAGE OF CHILDREN.—The amount

referred to in clause (i) is determined by adding—

‘‘(I) the number of children determined under

section 1124(c) for that local educational agency

who constitute not more than 15.58 percent, inclusive, of the agency’s total population aged 5 to 17,

inclusive, multiplied by 1.0;

‘‘(II) the number of such children who constitute more than 15.58 percent, but not more than

22.11 percent, of such population, multiplied by

2.0; ‘‘(III) the number of such children who constitute more than 22.11 percent, but not more than

30.16 percent, of such population, multiplied by

4.0;

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‘‘(IV) the number of such children who constitute more than 30.16 percent, but not more than

38.24 percent, of such population, multiplied by

6.0; and ‘‘(V) the number of such children who constitute more than 38.24 percent of such population,

multiplied by 8.0.

‘‘(iii) BY NUMBER OF CHILDREN.—The amount referred to in clause (i) is determined by adding— ‘‘(I) the number of children determined under

section 1124(c) who constitute not more than 691,

inclusive, of the agency’s total population aged 5 to

17, inclusive, multiplied by 1.0; ‘‘(II) the number of such children between 692

and 2,262, inclusive, in such population, multiplied by 2.0; ‘‘(III) the number of such children between

2,263 and 7,851, inclusive, in such population,

multiplied by 3.0; ‘‘(IV) the number of such children between

7,852 and 35,514, inclusive, in such population,

multiplied by 4.5; and ‘‘(V) the number of such children in excess of

35,514 in such population, multiplied by 6.0. ‘‘(e) MAINTENANCE OF EFFORT.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), a

State is entitled to receive its full allotment of funds under this

section for any fiscal year if the Secretary finds that either the

combined fiscal effort per student or the aggregate expenditures

within the State with respect to the provision of free public education for the fiscal year preceding the fiscal year for which the

determination is made was not less than 90 percent of such

combined fiscal effort or aggregate expenditures for the second

fiscal year preceding the fiscal year for which the determination

is made.

‘‘(2) REDUCTION OF FUNDS.—The Secretary shall reduce the

amount of funds awarded to any State under this section in any

fiscal year in the exact proportion to which the State fails to

meet the requirements of paragraph (1) by falling below 90 percent of both the fiscal effort per student and aggregate expenditures (using the measure most favorable to the State), and no

such lesser amount shall be used for computing the effort required under paragraph (1) for subsequent years. ‘‘(3) WAIVERS.—The Secretary may waive, for 1 fiscal year

only, the requirements of this subsection if the Secretary determines that such a waiver would be equitable due to exceptional

or uncontrollable circumstances such as a natural disaster or

a precipitous and unforeseen decline in the financial resources

of the State.

‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section such sums as may be

necessary for fiscal year 2002 and for each of the 5 succeeding fiscal

years.‘‘(g) ADJUSTMENTS WHERE NECESSITATED BY APPROPRIATIONS.—

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‘‘(1) IN GENERAL.—If the sums available under this section

for any fiscal year are insufficient to pay the full amounts that

all local educational agencies in States are eligible to receive

under this section for such year, the Secretary shall ratably reduce the allocations to such local educational agencies, subject

to paragraphs (2) and (3). ‘‘(2) ADDITIONAL FUNDS.—If additional funds become available for making payments under this section for such fiscal

year, allocations that were reduced under paragraph (1) shall

be increased on the same basis as they were reduced. ‘‘(3) HOLD-HARMLESS AMOUNTS.—For each fiscal year, if

sufficient funds are available, the amount made available to

each local educational agency under this section shall be ‘‘(A) not less than 95 percent of the amount made available for the preceding fiscal year if the number of children

counted for grants under section 1124 is not less than 30

percent of the total number of children aged 5 to 17 years,

inclusive, in the local educational agency; ‘‘(B) not less than 90 percent of the amount made available for the preceding fiscal year if the percentage described

in subparagraph (A) is between 15 percent and 30 percent;

and ‘‘(C) not less than 85 percent of the amount made available for the preceding fiscal year if the percentage described

in subparagraph (A) is below 15 percent.

‘‘(4) APPLICABILITY.—Notwithstanding any other provision

of law, the Secretary shall not take into consideration the holdharmless provisions of this subsection for any fiscal year for

purposes of calculating State or local allocations for the fiscal

year under any program administered by the Secretary other

than a program authorized under this part.

‘‘SEC. 1126. SPECIAL ALLOCATION PROCEDURES.

‘‘(a) ALLOCATIONS FOR NEGLECTED CHILDREN.— ‘‘(1) IN GENERAL.—If a State educational agency determines

that a local educational agency in the State is unable or unwilling to provide for the special educational needs of children who

are living in institutions for neglected children as described in

section 1124(c)(1)(B), the State educational agency shall, if such

agency assumes responsibility for the special educational needs

of such children, receive the portion of such local educational

agency’s allocation under sections 1124, 1124A, 1125, and

1125A that is attributable to such children.

‘‘(2) SPECIAL RULE.—If the State educational agency does

not assume such responsibility, any other State or local public

agency that does assume such responsibility shall receive that

portion of the local educational agency’s allocation.

‘‘(b) ALLOCATIONS AMONG LOCAL EDUCATIONAL AGENCIES.—The

State educational agency may allocate the amounts of grants under

sections 1124, 1124A, 1125, and 1125A among the affected local

educational agencies—

‘‘(1) if 2 or more local educational agencies serve, in whole

or in part, the same geographical area;

‘‘(2) if a local educational agency provides free public education for children who reside in the school district of another

local educational agency; or

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‘‘(3) to reflect the merger, creation, or change of boundaries

of 1 or more local educational agencies.

‘‘(c) REALLOCATION.—If a State educational agency determines

that the amount of a grant a local educational agency would receive

under sections 1124, 1124A, 1125, and 1125A is more than such

local educational agency will use, the State educational agency shall

make the excess amount available to other local educational agencies in the State that need additional funds in accordance with criteria established by the State educational agency.

‘‘SEC. 1127. CARRYOVER AND WAIVER.

‘‘(a) LIMITATION ON CARRYOVER.—Notwithstanding section

421(b) of the General Education Provisions Act or any other provision of law, not more than 15 percent of the funds allocated to a

local educational agency for any fiscal year under this subpart (but

not including funds received through any reallocation under this

subpart) may remain available for obligation by such agency for 1

additional fiscal year.

‘‘(b) WAIVER.—A State educational agency may, once every 3

years, waive the percentage limitation in subsection (a) if—

‘‘(1) the agency determines that the request of a local educational agency is reasonable and necessary; or

‘‘(2) supplemental appropriations for this subpart become

available.

‘‘(c) EXCLUSION.—The percentage limitation under subsection

(a) shall not apply to any local educational agency that receives less

than $50,000 under this subpart for any fiscal year.

‘‘PART B—STUDENT READING SKILLS IMPROVEMENT

GRANTS

‘‘Subpart 1—Reading First

‘‘SEC. 1201. PURPOSES.

‘‘The purposes of this subpart are as follows:

‘‘(1) To provide assistance to State educational agencies and

local educational agencies in establishing reading programs for

students in kindergarten through grade 3 that are based on scientifically based reading research, to ensure that every student

can read at grade level or above not later than the end of grade

3.

‘‘(2) To provide assistance to State educational agencies and

local educational agencies in preparing teachers, including special education teachers, through professional development and

other support, so the teachers can identify specific reading barriers facing their students and so the teachers have the tools to

effectively help their students learn to read.

‘‘(3) To provide assistance to State educational agencies and

local educational agencies in selecting or administering screening, diagnostic, and classroom-based instructional reading assessments.

‘‘(4) To provide assistance to State educational agencies and

local educational agencies in selecting or developing effective instructional materials (including classroom-based materials to

assist teachers in implementing the essential components of

reading instruction), programs, learning systems, and strategies

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to implement methods that have been proven to prevent or remediate reading failure within a State. ‘‘(5) To strengthen coordination among schools, early literacy programs, and family literacy programs to improve reading achievement for all children.

‘‘SEC. 1202. FORMULA GRANTS TO STATE EDUCATIONAL AGENCIES.

‘‘(a) IN GENERAL.— ‘‘(1) AUTHORIZATION TO MAKE GRANTS.—In the case of each

State educational agency that in accordance with section 1203

submits to the Secretary an application for a 6-year period, the

Secretary, from amounts appropriated under section 1002(b)(1)

and subject to the application’s approval, shall make a grant to

the State educational agency for the uses specified in subsections (c) and (d). For each fiscal year, the funds provided

under the grant shall equal the allotment determined for the

State educational agency under subsection (b). ‘‘(2) DURATION OF GRANTS.—Subject to subsection (e)(3), a

grant under this section shall be awarded for a period of not

more than 6 years.

‘‘(b) DETERMINATION OF AMOUNT OF ALLOTMENTS.— ‘‘(1) RESERVATIONS FROM APPROPRIATIONS.—From the total

amount made available to carry out this subpart for a fiscal

year, the Secretary— ‘‘(A) shall reserve 1⁄2 of 1 percent for allotments for the

United States Virgin Islands, Guam, American Samoa,

and the Commonwealth of the Northern Mariana Islands,

to be distributed among these outlying areas on the basis

of their relative need, as determined by the Secretary in accordance with the purposes of this subpart;

‘‘(B) shall reserve 1⁄2 of 1 percent for the Secretary of

the Interior for programs under this subpart in schools operated or funded by the Bureau of Indian Affairs;

‘‘(C) may reserve not more than 21⁄2 percent or $25,000,000, whichever is less, to carry out section 1205 (relating to external evaluation) and section 1206 (relating to

national activities);

‘‘(D) shall reserve $5,000,000 to carry out sections 1207

and 1224 (relating to information dissemination); and

‘‘(E) for any fiscal year, beginning with fiscal year

2004, for which the amount appropriated to carry out this

subpart exceeds the amount appropriated for fiscal year

2003, shall reserve, to carry out section 1204, the lesser of— ‘‘(i) $90,000,000; or

‘‘(ii) 10 percent of such excess amount.

‘‘(2) STATE ALLOTMENTS.—In accordance with paragraph

(3), the Secretary shall allot among each of the States the total

amount made available to carry out this subpart for any fiscal

year and not reserved under paragraph (1).

‘‘(3) DETERMINATION OF STATE ALLOTMENT AMOUNTS.—

‘‘(A) IN GENERAL.—Subject to subparagraph (B), the

Secretary shall allot the amount made available under

paragraph (2) for a fiscal year among the States in proportion to the number of children, aged 5 to 17, who reside

within the State and are from families with incomes below

the poverty line for the most recent fiscal year for which

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satisfactory data are available, compared to the number of

such individuals who reside in all such States for that fiscal year. ‘‘(B) EXCEPTIONS.— ‘‘(i) MINIMUM GRANT AMOUNT.—Subject to clause

(ii), no State receiving an allotment under subparagraph (A) may receive less than 1⁄4 of 1 percent of the

total amount allotted under such subparagraph. ‘‘(ii) PUERTO RICO.—The percentage of the amount

allotted under subparagraph (A) that is allotted to the

Commonwealth of Puerto Rico for a fiscal year may not

exceed the percentage that was received by the Commonwealth of Puerto Rico of the funds allocated to all

States under subpart 2 of part A for the preceding fiscal year. ‘‘(4) DISTRIBUTION OF SUBGRANTS.—The Secretary may

make a grant to a State educational agency only if the State

educational agency agrees to expend at least 80 percent of the

amount of the funds provided under the grant for the purpose

of making, in accordance with subsection (c), competitive subgrants to eligible local educational agencies. ‘‘(5) REALLOTMENT.—If a State educational agency described in paragraph (2) does not apply for an allotment under

this section for any fiscal year, or if the State educational agency’s application is not approved, the Secretary shall reallot such

amount to the remaining State educational agencies in accordance with paragraph (3). ‘‘(6) DEFINITION OF STATE.—For purposes of this subsection,

the term ‘State’ means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.

‘‘(c) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.— ‘‘(1) AUTHORIZATION TO MAKE SUBGRANTS.—In accordance

with paragraph (2), a State educational agency that receives a

grant under this section shall make competitive subgrants to eligible local educational agencies. ‘‘(2) ALLOCATION.— ‘‘(A) MINIMUM SUBGRANT AMOUNT.—In making subgrants under paragraph (1), a State educational agency

shall allocate to each eligible local educational agency that

receives such a subgrant, at a minimum, an amount that

bears the same relation to the funds made available under

subsection (b)(4) as the amount the eligible local educational agency received under part A for the preceding fiscal year bears to the amount all the local educational agencies in the State received under part A for the preceding fiscal year. ‘‘(B) PRIORITY.—In making subgrants under paragraph

(1), a State educational agency shall give priority to eligible

local educational agencies in which at least— ‘‘(i) 15 percent of the children served by the eligible

local educational agency are from families with incomes below the poverty line; or ‘‘(ii) 6,500 children served by the eligible local educational agency are from families with incomes below

the poverty line.

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‘‘(3) NOTICE.—A State educational agency receiving a grant

under this section shall provide notice to all eligible local educational agencies in the State of the availability of competitive

subgrants under this subsection and of the requirements for applying for the subgrants. ‘‘(4) LOCAL APPLICATION.—To be eligible to receive a

subgrant under this subsection, an eligible local educational

agency shall submit an application to the State educational

agency at such time, in such manner, and containing such information as the State educational agency may reasonably require.‘‘(5) STATE REQUIREMENT.—In distributing subgrant funds

to eligible local educational agencies under this subsection, a

State educational agency shall— ‘‘(A) provide funds in sufficient size and scope to enable

the eligible local educational agencies to improve reading

instruction; and ‘‘(B) provide the funds in amounts related to the number or percentage of students in kindergarten through grade

3 who are reading below grade level.

‘‘(6) LIMITATION TO CERTAIN SCHOOLS.—In distributing

subgrant funds under this subsection, an eligible local educational agency shall provide funds only to schools that both— ‘‘(A) are among the schools served by that eligible local

educational agency with the highest percentages or numbers of students in kindergarten through grade 3 reading

below grade level, based on the most currently available

data; and ‘‘(B)(i) are identified for school improvement under section 1116(b); or ‘‘(ii) have the highest percentages or numbers of children counted under section 1124(c).

‘‘(7) LOCAL USES OF FUNDS.— ‘‘(A) REQUIRED USES.—Subject to paragraph (8), an eligible local educational agency that receives a subgrant

under this subsection shall use the funds provided under

the subgrant to carry out the following activities:

‘‘(i) Selecting and administering screening, diagnostic, and classroom-based instructional reading assessments.

‘‘(ii) Selecting and implementing a learning system

or program of reading instruction based on scientifically based reading research that—

‘‘(I) includes the essential components of reading instruction; and

‘‘(II) provides such instruction to the children

in kindergarten through grade 3 in the schools

served by the eligible local educational agency, including children who—

‘‘(aa) may have reading difficulties;

‘‘(bb) are at risk of being referred to special education based on these difficulties;

‘‘(cc) have been evaluated under section

614 of the Individuals with Disabilities Education Act but, in accordance with section

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614(b)(5) of that Act, have not been identified

as being a child with a disability (as defined

in section 602 of that Act);

‘‘(dd) are being served under such Act primarily due to being identified as being a child

with a specific learning disability (as defined

in section 602 of that Act) related to reading;

‘‘(ee) are deficient in the essential components of reading skills, as listed in subparagraphs (A) through (E) of section 1208(3); or

‘‘(ff) are identified as having limited

English proficiency.

‘‘(iii) Procuring and implementing instructional

materials, including education technology such as software and other digital curricula, that are based on scientifically based reading research.

‘‘(iv) Providing professional development for teachers of kindergarten through grade 3, and special education teachers of kindergarten through grade 12,

that—

‘‘(I) will prepare these teachers in all of the essential components of reading instruction;

‘‘(II) shall include—

‘‘(aa) information on instructional materials, programs, strategies, and approaches

based on scientifically based reading research,

including early intervention, classroom reading materials, and remedial programs and approaches; and

‘‘(bb) instruction in the use of screening,

diagnostic, and classroom-based instructional

reading assessments and other procedures that

effectively identify students who may be at risk

for reading failure or who are having difficulty reading;

‘‘(III) shall be provided by eligible professional

development providers; and

‘‘(IV) will assist teachers in becoming fully

qualified in reading instruction in accordance with

the requirements of section 1119.

‘‘(v) Collecting and summarizing data—

‘‘(I) to document the effectiveness of activities

carried out under this subpart in individual

schools and in the local educational agency as a

whole; and

‘‘(II) to stimulate and accelerate improvement

by identifying the schools that produce significant

gains in reading achievement.

‘‘(vi) Reporting data for all students and categories

of students described in section 1111(b)(2)(C)(v)(II).

‘‘(vii) Promoting reading and library programs

that provide access to engaging reading material, including coordination with programs funded through

grants received under subpart 4, where applicable.

119

‘‘(B) ADDITIONAL USES.—Subject to paragraph (8), an

eligible local educational agency that receives a subgrant

under this subsection may use the funds provided under

the subgrant to carry out the following activities:

‘‘(i) Humanities-based family literacy programs

(which may be referred to as ‘‘Prime Time Family

Reading Time’’) that bond families around the acts of

reading and using public libraries.

‘‘(ii) Providing training in the essential components

of reading instruction to a parent or other individual

who volunteers to be a student’s reading tutor, to enable such parent or individual to support instructional

practices that are based on scientifically based reading

research and are being used by the student’s teacher.

‘‘(iii) Assisting parents, through the use of materials and reading programs, strategies, and approaches

(including family literacy services) that are based on

scientifically based reading research, to encourage

reading and support their child’s reading development.

‘‘(8) LOCAL PLANNING AND ADMINISTRATION.—An eligible

local educational agency that receives a subgrant under this

subsection may use not more than 3.5 percent of the funds provided under the subgrant for planning and administration.

‘‘(d) STATE USES OF FUNDS.—

‘‘(1) IN GENERAL.—A State educational agency that receives

a grant under this section may expend not more than a total

of 20 percent of the grant funds to carry out the activities described in paragraphs (3), (4), and (5).

‘‘(2) PRIORITY.—A State educational agency shall give priority to carrying out the activities described in paragraphs (3),

(4), and (5) for schools described in subsection (c)(6).

‘‘(3) PROFESSIONAL INSERVICE AND PRESERVICE DEVELOPMENT AND REVIEW.—A State educational agency may expend

not more than 65 percent of the amount of the funds made

available under paragraph (1)—

‘‘(A) to develop and implement a program of professional development for teachers, including special education teachers, of kindergarten through grade 3 that—

‘‘(i) will prepare these teachers in all the essential

components of reading instruction;

‘‘(ii) shall include—

‘‘(I) information on instructional materials,

programs, strategies, and approaches based on scientifically based reading research, including early

intervention and reading remediation materials,

programs, and approaches; and

‘‘(II) instruction in the use of screening, diagnostic, and classroom-based instructional reading

assessments and other scientifically based procedures that effectively identify students who may be

at risk for reading failure or who are having difficulty reading; and

‘‘(iii) shall be provided by eligible professional development providers;

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‘‘(B) to strengthen and enhance preservice courses for

students preparing, at all public institutions of higher education in the State, to teach kindergarten through grade 3

by— ‘‘(i) reviewing such courses to determine whether

the courses’ content is consistent with the findings of

the most current scientifically based reading research,

including findings on the essential components of reading instruction; ‘‘(ii) following up such reviews with recommendations to ensure that such institutions offer courses that

meet the highest standards; and ‘‘(iii) preparing a report on the results of such reviews, submitting the report to the reading and literacy

partnership for the State established under section

1203(d), and making the report available for public review by means of the Internet; and

‘‘(C) to make recommendations on how the State licensure and certification standards in the area of reading

might be improved.

‘‘(4) TECHNICAL ASSISTANCE FOR LOCAL EDUCATIONAL AGEN- CIES AND SCHOOLS.—A State educational agency may expend

not more than 25 percent of the amount of the funds made

available under paragraph (1) for 1 or more of the following: ‘‘(A) Assisting local educational agencies in accomplishing the tasks required to design and implement a program under this subpart, including— ‘‘(i) selecting and implementing a program or programs of reading instruction based on scientifically

based reading research; ‘‘(ii) selecting screening, diagnostic, and classroombased instructional reading assessments; and ‘‘(iii) identifying eligible professional development

providers to help prepare reading teachers to teach students using the programs and assessments described in

clauses (i) and (ii).

‘‘(B) Providing expanded opportunities to students in

kindergarten through grade 3 who are served by eligible

local educational agencies for receiving reading assistance

from alternative providers that includes—

‘‘(i) screening, diagnostic, and classroom-based instructional reading assessments; and

‘‘(ii) as need is indicated by the assessments under

clause (i), instruction based on scientifically based

reading research that includes the essential components of reading instruction.

‘‘(5) PLANNING, ADMINISTRATION, AND REPORTING.—

‘‘(A) EXPENDITURE OF FUNDS.—A State educational

agency may expend not more than 10 percent of the amount

of funds made available under paragraph (1) for the activities described in this paragraph.

‘‘(B) PLANNING AND ADMINISTRATION.—A State educational agency that receives a grant under this section

may expend funds made available under subparagraph (A)

for planning and administration relating to the State uses

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of funds authorized under this subpart, including the following:

‘‘(i) Administering the distribution of competitive

subgrants to eligible local educational agencies under

subsection (c) and section 1204(d).

‘‘(ii) Assessing and evaluating, on a regular basis,

eligible local educational agency activities assisted

under this subpart, with respect to whether they have

been effective in increasing the number of children in

grades 1, 2, and 3 served under this subpart who can

read at or above grade level.

‘‘(C) ANNUAL REPORTING.—

‘‘(i) IN GENERAL.—A State educational agency that

receives a grant under this section shall expend funds

made available under subparagraph (A) to provide the

Secretary annually with a report on the implementation of this subpart.

‘‘(ii) INFORMATION INCLUDED.—Each report under

this subparagraph shall include information on the following:

‘‘(I) Evidence that the State educational agency

is fulfilling its obligations under this subpart.

‘‘(II) Specific identification of those schools

and local educational agencies that report the largest gains in reading achievement.

‘‘(III) The progress the State educational agency and local educational agencies within the State

are making in reducing the number of students

served under this subpart in grades 1, 2, and 3

who are reading below grade level, as demonstrated by such information as teacher reports

and school evaluations of mastery of the essential

components of reading instruction.

‘‘(IV) Evidence on whether the State educational agency and local educational agencies

within the State have significantly increased the

number of students reading at grade level or

above, significantly increased the percentages of

students described in section 1111(b)(2)(C)(v)(II)

who are reading at grade level or above, and successfully implemented this subpart.

‘‘(iii) PRIVACY PROTECTION.—Data in the report

shall be reported in a manner that protects the privacy

of individuals.

‘‘(iv) CONTRACT.—To the extent practicable, a State

educational agency shall enter into a contract with an

entity that conducts scientifically based reading research, under which contract the entity will assist the

State educational agency in producing the reports required to be submitted under this subparagraph.

‘‘(e) REVIEW.—

‘‘(1) PROGRESS REPORT.—

‘‘(A) SUBMISSION.—Not later than 60 days after the termination of the third year of the grant period, each State

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educational agency receiving a grant under this section

shall submit a progress report to the Secretary.

‘‘(B) INFORMATION INCLUDED.—The progress report

shall include information on the progress the State educational agency and local educational agencies within the

State are making in reducing the number of students

served under this subpart in grades 1, 2, and 3 who are

reading below grade level (as demonstrated by such information as teacher reports and school evaluations of mastery of the essential components of reading instruction). The

report shall also include evidence from the State educational agency and local educational agencies within the

State that the State educational agency and the local educational agencies have significantly increased the number

of students reading at grade level or above, significantly increased the percentages of students described in section

1111(b)(2)(C)(v)(II) who are reading at grade level or above,

and successfully implemented this subpart.

‘‘(2) PEER REVIEW.—The progress report described in paragraph (1) shall be reviewed by the peer review panel convened

under section 1203(c)(2).

‘‘(3) CONSEQUENCES OF INSUFFICIENT PROGRESS.—After

submission of the progress report described in paragraph (1), if

the Secretary determines that the State educational agency is

not making significant progress in meeting the purposes of this

subpart, the Secretary may withhold from the State educational

agency, in whole or in part, further payments under this section

in accordance with section 455 of the General Education Provisions Act or take such other action authorized by law as the

Secretary determines necessary, including providing technical

assistance upon request of the State educational agency.

‘‘(f) FUNDS NOT USED FOR STATE LEVEL ACTIVITIES.—Any portion of funds described in subsection (d)(1) that a State educational

agency does not expend in accordance with subsection (d)(1) shall

be expended for the purpose of making subgrants in accordance

with subsection (c).

‘‘SEC. 1203. STATE FORMULA GRANT APPLICATIONS.

‘‘(a) APPLICATIONS.—

‘‘(1) IN GENERAL.—A State educational agency that desires

to receive a grant under section 1202 shall submit an application to the Secretary at such time and in such form as the Secretary may require. The application shall contain the information described in subsection (b).

‘‘(2) SPECIAL APPLICATION PROVISIONS.—For those State

educational agencies that have received a grant under part C

of title II (as such part was in effect on the day before the date

of enactment of the No Child Left Behind Act of 2001), the Secretary shall establish a modified set of requirements for an application under this section that takes into account the information already submitted and approved under that program and

minimizes the duplication of effort on the part of such State

educational agencies.

‘‘(b) CONTENTS.—An application under this section shall contain the following:

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‘‘(1) An assurance that the Governor of the State, in consultation with the State educational agency, has established a

reading and literacy partnership described in subsection (d),

and a description of how such partnership— ‘‘(A) coordinated the development of the application;

and ‘‘(B) will assist in the oversight and evaluation of the

State educational agency’s activities under this subpart. ‘‘(2) A description, if applicable, of the State’s strategy to expand, continue, or modify activities authorized under part C of

title II (as such part was in effect on the day before the date

of enactment of the No Child Left Behind Act of 2001). ‘‘(3) An assurance that the State educational agency, and

any local educational agencies receiving a subgrant from that

State educational agency under section 1202, will, if requested,

participate in the external evaluation under section 1205. ‘‘(4) A State educational agency plan containing a description of the following: ‘‘(A) How the State educational agency will assist local

educational agencies in identifying screening, diagnostic,

and classroom-based instructional reading assessments. ‘‘(B) How the State educational agency will assist local

educational agencies in identifying instructional materials,

programs, strategies, and approaches, based on scientifically based reading research, including early intervention

and reading remediation materials, programs, and approaches. ‘‘(C) How the State educational agency will ensure that

professional development activities related to reading instruction and provided under section 1202 are— ‘‘(i) coordinated with other Federal, State, and

local level funds, and used effectively to improve instructional practices for reading; and ‘‘(ii) based on scientifically based reading research.

‘‘(D) How the activities assisted under section 1202 will

address the needs of teachers and other instructional staff

in implementing the essential components of reading instruction.

‘‘(E) How subgrants made by the State educational

agency under section 1202 will meet the requirements of

section 1202, including how the State educational agency

will ensure that eligible local educational agencies receiving

subgrants under section 1202 will use practices based on

scientifically based reading research.

‘‘(F) How the State educational agency will, to the extent practicable, make grants to eligible local educational

agencies in both rural and urban areas.

‘‘(G) How the State educational agency will build on,

and promote coordination among literacy programs in the

State (including federally funded programs such as programs under the Adult Education and Family Literacy Act,

the Individuals with Disabilities Education Act, and subpart 2), to increase the effectiveness of the programs in improving reading for adults and children and to avoid duplication of the efforts of the program.

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‘‘(H) How the State educational agency will assess and

evaluate, on a regular basis, eligible local educational

agency activities assisted under section 1202, with respect

to whether the activities have been effective in achieving the

purposes of section 1202. ‘‘(I) Any other information that the Secretary may reasonably require. ‘‘(c) APPROVAL OF APPLICATIONS.— ‘‘(1) IN GENERAL.—The Secretary shall approve an application of a State educational agency under this section only if

such application meets the requirements of this section. ‘‘(2) PEER REVIEW.— ‘‘(A) IN GENERAL.—The Secretary, in consultation with

the National Institute for Literacy, shall convene a panel to

evaluate applications under this section. At a minimum,

the panel shall include— ‘‘(i) 3 individuals selected by the Secretary;

‘‘(ii) 3 individuals selected by the National Institute for Literacy; ‘‘(iii) 3 individuals selected by the National Research Council of the National Academy of Sciences;

and ‘‘(iv) 3 individuals selected by the National Institute of Child Health and Human Development.

‘‘(B) EXPERTS.—The panel shall include— ‘‘(i) experts who are competent, by virtue of their

training, expertise, or experience, to evaluate applications under this section; ‘‘(ii) experts who provide professional development

to individuals who teach reading to children and

adults based on scientifically based reading research; ‘‘(iii) experts who provide professional development

to other instructional staff based on scientifically based

reading research; and

‘‘(iv) an individual who has expertise in screening,

diagnostic, and classroom-based instructional reading

assessments.

‘‘(C) RECOMMENDATIONS.—The panel shall recommend

grant applications from State educational agencies under

this section to the Secretary for funding or for disapproval. ‘‘(d) READING AND LITERACY PARTNERSHIPS.—

‘‘(1) IN GENERAL.—For a State educational agency to receive

a grant under section 1202, the Governor of the State, in consultation with the State educational agency, shall establish a

reading and literacy partnership.

‘‘(2) REQUIRED PARTICIPANTS.—The reading and literacy

partnership shall include the following participants:

‘‘(A) The Governor of the State.

‘‘(B) The chief State school officer.

‘‘(C) The chairman and the ranking member of each

committee of the State legislature that is responsible for

education policy. ‘‘(D) A representative, selected jointly by the Governor

and the chief State school officer, of at least 1 eligible local

educational agency.

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‘‘(E) A representative, selected jointly by the Governor

and the chief State school officer, of a community-based organization working with children to improve their reading

skills, particularly a community-based organization using

tutors and scientifically based reading research. ‘‘(F) State directors of appropriate Federal or State programs with a strong reading component, selected jointly by

the Governor and the chief State school officer. ‘‘(G) A parent of a public or private school student or

a parent who educates the parent’s child in the parent’s

home, selected jointly by the Governor and the chief State

school officer. ‘‘(H) A teacher, who may be a special education teacher, who successfully teaches reading, and another instructional staff member, selected jointly by the Governor and

the chief State school officer. ‘‘(I) A family literacy service provider selected jointly by

the Governor and the chief State school officer.

‘‘(3) OPTIONAL PARTICIPANTS.—The reading and literacy

partnership may include additional participants, who shall be

selected jointly by the Governor and the chief State school officer, and who may include a representative of— ‘‘(A) an institution of higher education operating a program of teacher preparation in the State that is based on

scientifically based reading research; ‘‘(B) a local educational agency;

‘‘(C) a private nonprofit or for-profit eligible professional development provider providing instruction based on

scientifically based reading research; ‘‘(D) an adult education provider;

‘‘(E) a volunteer organization that is involved in reading programs; or ‘‘(F) a school library or a public library that offers

reading or literacy programs for children or families.

‘‘(4) PREEXISTING PARTNERSHIP.—If, before the date of enactment of the No Child Left Behind Act of 2001, a State educational agency established a consortium, partnership, or any

other similar body that was considered a reading and literacy

partnership for purposes of part C of title II of this Act (as such

part was in effect on the day before the date of enactment of No

Child Left Behind Act of 2001), that consortium, partnership,

or body may be considered a reading and literacy partnership

for purposes of this subsection consistent with the provisions of

this subpart.

‘‘SEC. 1204. TARGETED ASSISTANCE GRANTS.

‘‘(a) ELIGIBILITY CRITERIA FOR AWARDING TARGETED ASSISTANCE GRANTS TO STATES.—Beginning with fiscal year 2004, from

funds appropriated under section 1202(b)(1)(E), the Secretary shall

make grants, on a competitive basis, to those State educational

agencies that—

‘‘(1) for each of 2 consecutive years, demonstrate that an increasing percentage of third graders in each of the groups described in section 1111(b)(2)(C)(v)(II) in the schools served by

the local educational agencies receiving funds under section

1202 are reaching the proficient level in reading; and

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‘‘(2) for each of the same such consecutive 2 years, demonstrate that schools receiving funds under section 1202 are improving the reading skills of students in grades 1, 2, and 3

based on screening, diagnostic, and classroom-based instructional reading assessments.

‘‘(b) CONTINUATION OF PERFORMANCE AWARDS.—For any State

educational agency that receives a competitive grant under this section, the Secretary shall make an award for each of the succeeding

years that the State educational agency demonstrates it is continuing to meet the criteria described in subsection (a). ‘‘(c) DISTRIBUTION OF TARGETED ASSISTANCE GRANTS.— ‘‘(1) IN GENERAL.—The Secretary shall make a grant to

each State educational agency with an application approved

under this section in an amount that bears the same relation

to the amount made available to carry out this section for a fiscal year as the number of children counted under section

1124(c) for the State bears to the number of such children so

counted for all States with applications approved for that year. ‘‘(2) PEER REVIEW.—The peer review panel convened under

section 1203(c)(2) shall review the applications submitted under

this subsection. The panel shall recommend such applications

to the Secretary for funding or for disapproval. ‘‘(3) APPLICATION CONTENTS.—A State educational agency

that desires to receive a grant under this section shall submit

an application to the Secretary at such time, in such manner,

and accompanied by such information as the Secretary may require. Each such application shall include the following: ‘‘(A) Evidence that the State educational agency has

carried out its obligations under section 1203. ‘‘(B) Evidence that the State educational agency has

met the criteria described in subsection (a). ‘‘(C) The amount of funds requested by the State educational agency and a description of the criteria the State

educational agency intends to use in distributing subgrants

to eligible local educational agencies under this section to

continue or expand activities under subsection (d)(5).

‘‘(D) Evidence that the State educational agency has increased significantly the percentage of students reading at

grade level or above.

‘‘(E) Any additional evidence that demonstrates success

in the implementation of this section.

‘‘(d) SUBGRANTS TO ELIGIBLE LOCAL EDUCATIONAL AGENCIES.—

‘‘(1) IN GENERAL.—The Secretary may make a grant to a

State educational agency under this section only if the State

educational agency agrees to expend 100 percent of the amount

of the funds provided under the grant for the purpose of making

competitive subgrants in accordance with this subsection to eligible local educational agencies.

‘‘(2) NOTICE.—A State educational agency receiving a grant

under this section shall provide notice to all local educational

agencies in the State of the availability of competitive subgrants

under this subsection and of the requirements for applying for

the subgrants. ‘‘(3) APPLICATION.—To be eligible to receive a subgrant

under this subsection, an eligible local educational agency shall

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submit an application to the State educational agency at such

time, in such manner, and containing such information as the

State educational agency may reasonably require.

‘‘(4) DISTRIBUTION.—

‘‘(A) IN GENERAL.—A State educational agency shall

distribute subgrants under this section through a competitive process based on relative need of eligible local educational agencies and the evidence described in this paragraph.

‘‘(B) EVIDENCE USED IN ALL YEARS.—For all fiscal

years, a State educational agency shall distribute subgrants

under this section based on evidence that an eligible local

educational agency—

‘‘(i) satisfies the requirements of section 1202(c)(4);

‘‘(ii) will carry out its obligations under this subpart;

‘‘(iii) will work with other local educational agencies in the State that have not received a subgrant

under this subsection to assist such nonreceiving agencies in increasing the reading achievement of students;

and

‘‘(iv) is meeting the criteria described in subsection

(a).

‘‘(5) LOCAL USES OF FUNDS.—An eligible local educational

agency that receives a subgrant under this subsection—

‘‘(A) shall use the funds provided under the subgrant

to carry out the activities described in section 1202(c)(7)(A);

and

‘‘(B) may use such funds to carry out the activities described in section 1202(c)(7)(B).

‘‘SEC. 1205. EXTERNAL EVALUATION.

‘‘(a) IN GENERAL.—From funds reserved under section

1202(b)(1)(C), the Secretary shall contract with an independent organization outside of the Department for a 5-year, rigorous, scientifically valid, quantitative evaluation of this subpart.

‘‘(b) PROCESS.—The evaluation under subsection (a) shall be

conducted by an organization that is capable of designing and carrying out an independent evaluation that identifies the effects of

specific activities carried out by State educational agencies and

local educational agencies under this subpart on improving reading

instruction. Such evaluation shall take into account factors influencing student performance that are not controlled by teachers or

education administrators.

‘‘(c) ANALYSIS.—The evaluation under subsection (a) shall include the following:

‘‘(1) An analysis of the relationship between each of the essential components of reading instruction and overall reading

proficiency.

‘‘(2) An analysis of whether assessment tools used by State

educational agencies and local educational agencies measure

the essential components of reading.

‘‘(3) An analysis of how State reading standards correlate

with the essential components of reading instruction.

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‘‘(4) An analysis of whether the receipt of a targeted assistance grant under section 1204 results in an increase in the

number of children who read proficiently.

‘‘(5) A measurement of the extent to which specific instructional materials improve reading proficiency.

‘‘(6) A measurement of the extent to which specific screening, diagnostic, and classroom-based instructional reading assessments assist teachers in identifying specific reading deficiencies.

‘‘(7) A measurement of the extent to which professional development programs implemented by State educational agencies

using funds received under this subpart improve reading instruction.

‘‘(8) A measurement of how well students preparing to enter

the teaching profession are prepared to teach the essential components of reading instruction.

‘‘(9) An analysis of changes in students’ interest in reading

and time spent reading outside of school.

‘‘(10) Any other analysis or measurement pertinent to this

subpart that is determined to be appropriate by the Secretary.

‘‘(d) PROGRAM IMPROVEMENT.—The findings of the evaluation

conducted under this section shall be provided to State educational

agencies and local educational agencies on a periodic basis for use

in program improvement.

‘‘SEC. 1206. NATIONAL ACTIVITIES.

‘‘From funds reserved under section 1202(b)(1)(C), the

Secretary—

‘‘(1) may provide technical assistance in achieving the purposes of this subpart to State educational agencies, local educational agencies, and schools requesting such assistance;

‘‘(2) shall, at a minimum, evaluate the impact of services

provided to children under this subpart with respect to their referral to, and eligibility for, special education services under the

Individuals with Disabilities Education Act (based on their difficulties learning to read); and

‘‘(3) shall carry out the external evaluation as described in

section 1205.

‘‘SEC. 1207. INFORMATION DISSEMINATION.

‘‘(a) IN GENERAL.—From funds reserved under section

1202(b)(1)(D), the National Institute for Literacy, in collaboration

with the Secretary of Education, the Secretary of Health and

Human Services, and the Director of the National Institute for

Child Health and Human Development shall—

‘‘(1) disseminate information on scientifically based reading

research pertaining to children, youth, and adults;

‘‘(2) identify and disseminate information about schools,

local educational agencies, and State educational agencies that

have effectively developed and implemented classroom reading

programs that meet the requirements of this subpart, including

those State educational agencies, local educational agencies,

and schools that have been identified as effective through the

evaluation and peer review provisions of this subpart; and ‘‘(3) support the continued identification and dissemination

of information on reading programs that contain the essential

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components of reading instruction as supported by scientifically

based reading research, that can lead to improved reading outcomes for children, youth, and adults.

‘‘(b) DISSEMINATION AND COORDINATION.—At a minimum, the

National Institute for Literacy shall disseminate the information described in subsection (a) to— ‘‘(1) recipients of Federal financial assistance under this

title, title III, the Head Start Act, the Individuals with Disabilities Education Act, and the Adult Education and Family Literacy Act; and ‘‘(2) each Bureau funded school (as defined in section 1141

of the Education Amendments of 1978).

‘‘(c) USE OF EXISTING NETWORKS.—In carrying out this section,

the National Institute for Literacy shall, to the extent practicable,

use existing information and dissemination networks developed and

maintained through other public and private entities including

through the Department and the National Center for Family Literacy.‘‘(d) NATIONAL INSTITUTE FOR LITERACY—For purposes of funds

reserved under section 1202(b)(1)(D) to carry out this section, the

National Institute for Literacy shall administer such funds in accordance with section 242(b) of Public Law 105–220 (relating to the

establishment and administration of the National Institute for Literacy).

‘‘SEC. 1208. DEFINITIONS.

‘‘In this subpart: ‘‘(1) ELIGIBLE LOCAL EDUCATIONAL AGENCY.—The term ‘eligible local educational agency’ means a local educational agency that—

‘‘(A) is among the local educational agencies in the

State with the highest numbers or percentages of students

in kindergarten through grade 3 reading below grade level,

based on the most currently available data; and ‘‘(B) has— ‘‘(i) jurisdiction over a geographic area that includes an area designated as an empowerment zone, or

an enterprise community, under part I of subchapter U

of chapter 1 of the Internal Revenue Code of 1986; ‘‘(ii) jurisdiction over a significant number or percentage of schools that are identified for school improvement under section 1116(b); or ‘‘(iii) the highest numbers or percentages of children who are counted under section 1124(c), in comparison to other local educational agencies in the State. ‘‘(2) ELIGIBLE PROFESSIONAL DEVELOPMENT PROVIDER.—

The term ‘eligible professional development provider’ means a

provider of professional development in reading instruction to

teachers, including special education teachers, that is based on

scientifically based reading research.

‘‘(3) ESSENTIAL COMPONENTS OF READING INSTRUCTION.—

The term ‘essential components of reading instruction’ means

explicit and systematic instruction in—

‘‘(A) phonemic awareness;

‘‘(B) phonics;

‘‘(C) vocabulary development;

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‘‘(D) reading fluency, including oral reading skills; and

‘‘(E) reading comprehension strategies. ‘‘(4) INSTRUCTIONAL STAFF.—The term ‘instructional staff’— ‘‘(A) means individuals who have responsibility for

teaching children to read; and ‘‘(B) includes principals, teachers, supervisors of instruction, librarians, library school media specialists,

teachers of academic subjects other than reading, and other

individuals who have responsibility for assisting children

to learn to read.

‘‘(5) READING.—The term ‘reading’ means a complex system

of deriving meaning from print that requires all of the following: ‘‘(A) The skills and knowledge to understand how phonemes, or speech sounds, are connected to print. ‘‘(B) The ability to decode unfamiliar words.

‘‘(C) The ability to read fluently.

‘‘(D) Sufficient background information and vocabulary

to foster reading comprehension. ‘‘(E) The development of appropriate active strategies to

construct meaning from print. ‘‘(F) The development and maintenance of a motivation

to read.

‘‘(6) SCIENTIFICALLY BASED READING RESEARCH.—The term ‘scientifically based reading research’ means research that— ‘‘(A) applies rigorous, systematic, and objective procedures to obtain valid knowledge relevant to reading development, reading instruction, and reading difficulties; and ‘‘(B) includes research that— ‘‘(i) employs systematic, empirical methods that

draw on observation or experiment; ‘‘(ii) involves rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions drawn;

‘‘(iii) relies on measurements or observational

methods that provide valid data across evaluators and

observers and across multiple measurements and observations; and

‘‘(iv) has been accepted by a peer-reviewed journal

or approved by a panel of independent experts through

a comparably rigorous, objective, and scientific review.

‘‘(7) SCREENING, DIAGNOSTIC, AND CLASSROOM-BASED INSTRUCTIONAL READING ASSESSMENTS.—

‘‘(A) IN GENERAL.—The term ‘screening, diagnostic, and

classroom-based instructional reading assessments’

means—

‘‘(i) screening reading assessments;

‘‘(ii) diagnostic reading assessments; and

‘‘(iii) classroom-based instructional reading assessments.

‘‘(B) SCREENING READING ASSESSMENT.—The term

‘screening reading assessment’ means an assessment that

is—

‘‘(i) valid, reliable, and based on scientifically

based reading research; and

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‘‘(ii) a brief procedure designed as a first step in

identifying children who may be at high risk for delayed development or academic failure and in need of

further diagnosis of their need for special services or

additional reading instruction.

‘‘(C) DIAGNOSTIC READING ASSESSMENT.—The term ‘diagnostic reading assessment’ means an assessment that

is— ‘‘(i) valid, reliable, and based on scientifically

based reading research; and ‘‘(ii) used for the purpose of— ‘‘(I) identifying a child’s specific areas of

strengths and weaknesses so that the child has

learned to read by the end of grade 3; ‘‘(II) determining any difficulties that a child

may have in learning to read and the potential

cause of such difficulties; and ‘‘(III) helping to determine possible reading

intervention strategies and related special needs. ‘‘(D) CLASSROOM-BASED INSTRUCTIONAL READING AS- SESSMENT.—The term ‘classroom-based instructional reading assessment’ means an assessment that— ‘‘(i) evaluates children’s learning based on systematic observations by teachers of children performing

academic tasks that are part of their daily classroom

experience; and ‘‘(ii) is used to improve instruction in reading, including classroom instruction.

‘‘Subpart 2—Early Reading First

‘‘SEC. 1221. PURPOSES; DEFINITIONS.

‘‘(a) PURPOSES.—The purposes of this subpart are as follows: ‘‘(1) To support local efforts to enhance the early language,

literacy, and prereading development of preschool age children,

particularly those from low-income families, through strategies

and professional development that are based on scientifically

based reading research. ‘‘(2) To provide preschool age children with cognitive learning opportunities in high-quality language and literature-rich

environments, so that the children can attain the fundamental

knowledge and skills necessary for optimal reading development in kindergarten and beyond. ‘‘(3) To demonstrate language and literacy activities based

on scientifically based reading research that supports the ageappropriate development of— ‘‘(A) recognition, leading to automatic recognition, of

letters of the alphabet; ‘‘(B) knowledge of letter sounds, the blending of sounds,

and the use of increasingly complex vocabulary; ‘‘(C) an understanding that written language is composed of phonemes and letters each representing 1 or more

speech sounds that in combination make up syllables,

words, and sentences; ‘‘(D) spoken language, including vocabulary and oral

comprehension abilities; and

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‘‘(E) knowledge of the purposes and conventions of

print.

‘‘(4) To use screening assessments to effectively identify preschool age children who may be at risk for reading failure. ‘‘(5) To integrate such scientific reading research-based instructional materials and literacy activities with existing programs of preschools, child care agencies and programs, Head

Start centers, and family literacy services.

‘‘(b) DEFINITIONS.—For purposes of this subpart: ‘‘(1) ELIGIBLE APPLICANT.—The term ‘eligible applicant’ means—‘‘(A) one or more local educational agencies that are eligible to receive a subgrant under subpart 1; ‘‘(B) one or more public or private organizations or

agencies, acting on behalf of 1 or more programs that serve

preschool age children (such as a program at a Head Start

center, a child care program, or a family literacy program),

which organizations or agencies shall be located in a community served by a local educational agency described in

subparagraph (A); or ‘‘(C) one or more local educational agencies described

in subparagraph (A) in collaboration with 1 or more organizations or agencies described in subparagraph (B).

‘‘(2) SCIENTIFICALLY BASED READING RESEARCH.—The term ‘scientifically based reading research’ has the same meaning

given to that term in section 1208. ‘‘(3) SCREENING READING ASSESSMENT.—The term ‘screening reading assessment’ has the same meaning given to that

term in section 1208.

‘‘SEC. 1222. LOCAL EARLY READING FIRST GRANTS.

‘‘(a) PROGRAM AUTHORIZED.—From amounts appropriated

under section 1002(b)(2), the Secretary shall award grants, on a

competitive basis, for periods of not more than 6 years, to eligible

applicants to enable the eligible applicants to carry out the authorized activities described in subsection (d). ‘‘(b) APPLICATIONS.—An eligible applicant that desires to receive

a grant under this section shall submit an application to the Secretary, which shall include a description of— ‘‘(1) the programs to be served by the proposed project, including demographic and socioeconomic information on the preschool age children enrolled in the programs;

‘‘(2) how the proposed project will enhance the school readiness of preschool age children in high-quality oral language

and literature-rich environments;

‘‘(3) how the proposed project will prepare and provide ongoing assistance to staff in the programs, through professional

development and other support, to provide high-quality language, literacy, and prereading activities using scientifically

based reading research, for preschool age children;

‘‘(4) how the proposed project will provide services and use

instructional materials that are based on scientifically based

reading research on early language acquisition, prereading activities, and the development of spoken vocabulary skills;

‘‘(5) how the proposed project will help staff in the programs to meet more effectively the diverse needs of preschool age

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children in the community, including such children with limited English proficiency, disabilities, or other special needs;

‘‘(6) how the proposed project will integrate such instructional materials and literacy activities with existing preschool

programs and family literacy services;

‘‘(7) how the proposed project will help children, particularly children experiencing difficulty with spoken language,

prereading, and early reading skills, to make the transition

from preschool to formal classroom instruction in school;

‘‘(8) if the eligible applicant has received a subgrant under

subpart 1, how the activities conducted under this subpart will

be coordinated with the eligible applicant’s activities under subpart 1 at the kindergarten through grade 3 level;

‘‘(9) how the proposed project will evaluate the success of

the activities supported under this subpart in enhancing the

early language, literacy, and prereading development of preschool age children served by the project; and

‘‘(10) such other information as the Secretary may require.

‘‘(c) APPROVAL OF LOCAL APPLICATIONS.—The Secretary shall

select applicants for funding under this subpart based on the quality of the applications and the recommendations of a peer review

panel convened under section 1203(c)(2), that includes, at a minimum, 3 individuals, selected from the entities described in clauses

(ii), (iii), and (iv) of section 1203(c)(2)(A), who are experts in early

reading development and early childhood development.

‘‘(d) AUTHORIZED ACTIVITIES.—An eligible applicant that receives a grant under this subpart shall use the funds provided

under the grant to carry out the following activities:

‘‘(1) Providing preschool age children with high-quality oral

language and literature-rich environments in which to acquire

language and prereading skills.

‘‘(2) Providing professional development that is based on

scientifically based reading research knowledge of early language and reading development for the staff of the eligible applicant and that will assist in developing the preschool age

children’s—

‘‘(A) recognition, leading to automatic recognition, of

letters of the alphabet, knowledge of letters, sounds, blending of letter sounds, and increasingly complex vocabulary;

‘‘(B) understanding that written language is composed

of phonemes and letters each representing 1 or more speech

sounds that in combination make up syllables, words, and

sentences;

‘‘(C) spoken language, including vocabulary and oral

comprehension abilities; and

‘‘(D) knowledge of the purposes and conventions of

print.

‘‘(3) Identifying and providing activities and instructional

materials that are based on scientifically based reading research for use in developing the skills and abilities described in

paragraph (2).

‘‘(4) Acquiring, providing training for, and implementing

screening reading assessments or other appropriate measures

that are based on scientifically based reading research to deterVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00137 Fmt 6659 Sfmt 6603 E:\HR\OC\A334HR.048 pfrm07 PsN: A334HR
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mine whether preschool age children are developing the skills

described in this subsection.

‘‘(5) Integrating such instructional materials, activities,

tools, and measures into the programs offered by the eligible applicant.

‘‘(e) AWARD AMOUNTS.—The Secretary may establish a maximum award amount, or ranges of award amounts, for grants

under this subpart.

‘‘SEC. 1223. FEDERAL ADMINISTRATION.

‘‘The Secretary shall consult with the Secretary of Health and

Human Services to coordinate the activities under this subpart with

preschool age programs administered by the Department of Health

and Human Services.

‘‘SEC. 1224. INFORMATION DISSEMINATION.

‘‘From the funds the National Institute for Literacy receives

under section 1202(b)(1)(D), the National Institute for Literacy, in

consultation with the Secretary, shall disseminate information regarding projects assisted under this subpart that have proven effective.

‘‘SEC. 1225. REPORTING REQUIREMENTS.

‘‘Each eligible applicant receiving a grant under this subpart

shall report annually to the Secretary regarding the eligible applicant’s progress in addressing the purposes of this subpart. Such report shall include, at a minimum, a description of—

‘‘(1) the research-based instruction, materials, and activities

being used in the programs funded under the grant;

‘‘(2) the types of programs funded under the grant and the

ages of children served by such programs;

‘‘(3) the qualifications of the program staff who provide

early literacy instruction under such programs and the type of

ongoing professional development provided to such staff; and

‘‘(4) the results of the evaluation described in section

1222(b)(9).

‘‘SEC. 1226. EVALUATION.

‘‘(a) IN GENERAL.—From the total amount made available

under section 1002(b)(2) for the period beginning October 1, 2002,

and ending September 30, 2006, the Secretary shall reserve not

more than $3,000,000 to conduct an independent evaluation of the

effectiveness of this subpart.

‘‘(b) REPORTS.—

‘‘(1) INTERIM REPORT.—Not later than October 1, 2004, the

Secretary shall submit an interim report to the Committee on

Education and the Workforce of the House of Representatives

and the Committee on Health, Education, Labor, and Pensions

of the Senate.

‘‘(2) FINAL REPORT.—Not later than September 30, 2006,

the Secretary shall submit a final report to the committees described in paragraph (1).

‘‘(c) CONTENTS.—The reports submitted under subsection (b)

shall include information on the following:

‘‘(1) How the grant recipients under this subpart are improving the prereading skills of preschool children.

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‘‘(2) The effectiveness of the professional development program assisted under this subpart.

‘‘(3) How early childhood teachers are being prepared with

scientifically based reading research on early reading development.

‘‘(4) What activities and instructional practices are most effective.

‘‘(5) How prereading instructional materials and literacy

activities based on scientifically based reading research are

being integrated into preschools, child care agencies and programs, programs carried out under the Head Start Act, and

family literacy programs.

‘‘(6) Any recommendations on strengthening or modifying

this subpart.

‘‘Subpart 3—William F. Goodling Even Start Family Literacy

Programs

‘‘SEC. 1231. STATEMENT OF PURPOSE.

‘‘It is the purpose of this subpart to help break the cycle of poverty and illiteracy by—

‘‘(1) improving the educational opportunities of the Nation’s

low-income families by integrating early childhood education,

adult literacy or adult basic education, and parenting education into a unified family literacy program, to be referred to

as ‘Even Start’; and

‘‘(2) establishing a program that shall—

‘‘(A) be implemented through cooperative projects that

build on high-quality existing community resources to create a new range of services;

‘‘(B) promote the academic achievement of children and

adults;

‘‘(C) assist children and adults from low-income families to achieve to challenging State content standards and

challenging State student achievement standards; and

‘‘(D) use instructional programs based on scientifically

based reading research and addressing the prevention of

reading difficulties for children and adults, to the extent

such research is available.

‘‘SEC. 1232. PROGRAM AUTHORIZED.

‘‘(a) RESERVATION FOR MIGRANT PROGRAMS, OUTLYING AREAS,

AND INDIAN TRIBES.—

‘‘(1) IN GENERAL.—For each fiscal year, the Secretary shall

reserve 5 percent of the amount appropriated under section

1002(b)(3) (or, if such appropriated amount exceeds

$200,000,000, 6 percent of such amount) for programs, under

such terms and conditions as the Secretary shall establish, that

are consistent with the purpose of this subpart, and according

to their relative needs, for— ‘‘(A) children of migratory workers;

‘‘(B) the outlying areas; and

‘‘(C) Indian tribes and tribal organizations. ‘‘(2) SPECIAL RULE.—After December 21, 2000, the Secretary

shall award a grant, on a competitive basis, of sufficient size

and for a period of sufficient duration to demonstrate the effecVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00139 Fmt 6659 Sfmt 6603 E:\HR\OC\A334HR.048 pfrm07 PsN: A334HR
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tiveness of a family literacy program in a prison that houses

women and their preschool age children and that has the capability of developing a program of high quality.

‘‘(3) COORDINATION OF PROGRAMS FOR AMERICAN INDIANS.—

The Secretary shall ensure that programs under paragraph

(1)(C) are coordinated with family literacy programs operated

by the Bureau of Indian Affairs in order to avoid duplication

and to encourage the dissemination of information on highquality family literacy programs serving American Indians.

‘‘(b) RESERVATION FOR FEDERAL ACTIVITIES.—

‘‘(1) EVALUATION, TECHNICAL ASSISTANCE, PROGRAM IMPROVEMENT, AND REPLICATION ACTIVITIES.—Subject to paragraph (2), from amounts appropriated under section 1002(b)(3),

the Secretary may reserve not more than 3 percent of such

amounts for purposes of—

‘‘(A) carrying out the evaluation required by section

1239; and

‘‘(B) providing, through grants or contracts with eligible organizations, technical assistance, program improvement, and replication activities.

‘‘(2) RESEARCH.—In any fiscal year, if the amount appropriated under section 1002(b)(3) for such year—

‘‘(A) is equal to or less than the amount appropriated

for the preceding fiscal year, the Secretary may reserve

from such amount only the amount necessary to continue

multi-year activities carried out pursuant to section 1241(b)

that began during or prior to the fiscal year preceding the

fiscal year for which the determination is made; or

‘‘(B) exceeds the amount appropriated for the preceding

fiscal year, then the Secretary shall reserve from such excess amount $2,000,000 or 50 percent, whichever is less, to

carry out section 1241(b).

‘‘(c) RESERVATION FOR GRANTS.—

‘‘(1) GRANTS AUTHORIZED.—

‘‘(A) IN GENERAL.—For any fiscal year for which at

least 1 State educational agency applies and submits an

application that meets the requirements and goals of this

subsection and for which the amount appropriated under

section 1002(b)(3) exceeds the amount appropriated under

that section for the preceding fiscal year, the Secretary

shall reserve, from the amount of the excess remaining after

the application of subsection (b)(2), the amount of the remainder or $1,000,000, whichever is less, to award grants,

on a competitive basis, to State educational agencies to enable them to plan and implement statewide family literacy

initiatives to coordinate and, where appropriate, integrate

existing Federal, State, and local literacy resources consistent with the purposes of this subpart.

‘‘(B) COORDINATION AND INTEGRATION.—The coordination and integration described in subparagraph (A) shall

include coordination and integration of funds available

under the Adult Education and Family Literacy Act, the

Head Start Act, this subpart, part A of this title, and part

A of title IV of the Social Security Act.

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‘‘(C) RESTRICTION.—No State educational agency may

receive more than 1 grant under this subsection.

‘‘(2) CONSORTIA.—

‘‘(A) ESTABLISHMENT.—To receive a grant under this

subsection, a State educational agency shall establish a

consortium of State-level programs under the following provisions of laws:

‘‘(i) This title (other than part D).

‘‘(ii) The Head Start Act.

‘‘(iii) The Adult Education and Family Literacy

Act.

‘‘(iv) All other State-funded preschool programs

and programs providing literacy services to adults.

‘‘(B) PLAN.—To receive a grant under this subsection,

the consortium established by a State educational agency

shall create a plan to use a portion of the State educational

agency’s resources, derived from the programs referred to in

subparagraph (A), to strengthen and expand family literacy

services in the State.

‘‘(C) COORDINATION WITH SUBPART 1.—The consortium

shall coordinate its activities under this paragraph with

the activities of the reading and literacy partnership for the

State educational agency established under section 1203(d),

if the State educational agency receives a grant under section 1202.

‘‘(3) READING INSTRUCTION.—Statewide family literacy initiatives implemented under this subsection shall base reading

instruction on scientifically based reading research.

‘‘(4) TECHNICAL ASSISTANCE.—The Secretary shall provide,

directly or through a grant or contract with an organization

with experience in the development and operation of successful

family literacy services, technical assistance to State educational agencies receiving a grant under this subsection.

‘‘(5) MATCHING REQUIREMENT.—The Secretary shall not

make a grant to a State educational agency under this subsection unless the State educational agency agrees that, with respect to the costs to be incurred by the eligible consortium in

carrying out the activities for which the grant was awarded, the

State educational agency will make available non-Federal contributions in an amount equal to not less than the Federal

funds provided under the grant.

‘‘(d) STATE EDUCATIONAL AGENCY ALLOCATION.—

‘‘(1) IN GENERAL.—From amounts appropriated under section 1002(b)(3) and not reserved under subsection (a), (b), or (c),

the Secretary shall make grants to State educational agencies

from allocations under paragraph (2).

‘‘(2) ALLOCATIONS.—Except as provided in paragraph (3),

from the total amount available under paragraph (1) for allocation to State educational agencies in any fiscal year, each State

educational agency shall be eligible to receive a grant under

paragraph (1) in an amount that bears the same ratio to the

total amount as the amount allocated under part A to that

State educational agency bears to the total amount allocated

under that part to all State educational agencies.

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‘‘(3) MINIMUM.—No State educational agency shall receive

a grant under paragraph (1) in any fiscal year in an amount

that is less than $250,000, or 1⁄2 of 1 percent of the amount appropriated under section 1002(b)(3) and not reserved under subsections (a), (b), and (c) for such year, whichever is greater.

‘‘(e) DEFINITIONS.—For the purpose of this subpart—

‘‘(1) the term ‘eligible entity’ means a partnership composed

of—

‘‘(A) a local educational agency; and

‘‘(B) a nonprofit community-based organization, a public agency other than a local educational agency, an institution of higher education, or a public or private nonprofit organization other than a local educational agency, of demonstrated quality;

‘‘(2) the term ‘eligible organization’ means any public or

private nonprofit organization with a record of providing effective services to family literacy providers, such as the National

Center for Family Literacy, Parents as Teachers, Inc., the Home

Instruction Program for Preschool Youngsters, and the Home

and School Institute, Inc.;

‘‘(3) the terms ‘Indian tribe’ and ‘tribal organization’ have

the meanings given those terms in section 4 of the Indian SelfDetermination and Education Assistance Act;

‘‘(4) the term ‘scientifically based reading research’ has the

meaning given that term in section 1208; and

‘‘(5) the term ‘State’ means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.

‘‘SEC. 1233. STATE EDUCATIONAL AGENCY PROGRAMS.

‘‘(a) STATE EDUCATIONAL AGENCY LEVEL ACTIVITIES.—Each

State educational agency that receives a grant under section

1232(d)(1) may use not more than a total of 6 percent of the grant

funds for the costs of—

‘‘(1) administration, which amount shall not exceed half of

the total;

‘‘(2) providing, through 1 or more subgrants or contracts,

technical assistance for program improvement and replication,

to eligible entities that receive subgrants under subsection (b);

and

‘‘(3) carrying out sections 1240 and 1234(c).

‘‘(b) SUBGRANTS FOR LOCAL PROGRAMS.—

‘‘(1) IN GENERAL.—Each State educational agency shall use

the grant funds received under section 1232(d)(1) and not reserved under subsection (a) to award subgrants to eligible entities to carry out Even Start programs.

‘‘(2) MINIMUM SUBGRANT AMOUNTS.—

‘‘(A) IN GENERAL.—Except as provided in subparagraphs (B) and (C), no State educational agency shall

award a subgrant under paragraph (1) in an amount less

than $75,000.

‘‘(B) SUBGRANTEES IN NINTH AND SUCCEEDING

YEARS.—No State educational agency shall award a

subgrant under paragraph (1) in an amount less than

$52,500 to an eligible entity for a fiscal year to carry out

an Even Start program that is receiving assistance under

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this subpart or its predecessor authority for the ninth (or

any subsequent) fiscal year. ‘‘(C) EXCEPTION FOR SINGLE SUBGRANT.—A State educational agency may award 1 subgrant in each fiscal year

of sufficient size, scope, and quality to be effective in an

amount less than $75,000 if, after awarding subgrants

under paragraph (1) for that fiscal year in accordance with

subparagraphs (A) and (B), less than $75,000 is available

to the State educational agency to award those subgrants.

‘‘SEC. 1234. USES OF FUNDS.

‘‘(a) IN GENERAL.—In carrying out an Even Start program

under this subpart, a recipient of funds under this subpart shall use

those funds to pay the Federal share of the cost of providing intensive family literacy services that involve parents and children, from

birth through age 7, in a cooperative effort to help parents become

full partners in the education of their children and to assist children in reaching their full potential as learners. ‘‘(b) FEDERAL SHARE LIMITATION.— ‘‘(1) IN GENERAL.— ‘‘(A) FEDERAL SHARE.—Except as provided in paragraph (2), the Federal share under this subpart may not

exceed—‘‘(i) 90 percent of the total cost of the program in

the first year that the program receives assistance

under this subpart or its predecessor authority; ‘‘(ii) 80 percent in the second year;

‘‘(iii) 70 percent in the third year;

‘‘(iv) 60 percent in the fourth year;

‘‘(v) 50 percent in the fifth, sixth, seventh, and

eighth such years; and ‘‘(vi) 35 percent in any subsequent year. ‘‘(B) REMAINING COST.—The remaining cost of a program assisted under this subpart may be provided in cash

or in kind, fairly evaluated, and may be obtained from any

source, including other Federal funds under this Act.

‘‘(2) WAIVER.—The State educational agency may waive, in

whole or in part, the Federal share described in paragraph (1)

for an eligible entity if the entity— ‘‘(A) demonstrates that it otherwise would not be able

to participate in the program assisted under this subpart;

and

‘‘(B) negotiates an agreement with the State educational agency with respect to the amount of the remaining cost to which the waiver will be applicable.

‘‘(3) PROHIBITION.—Federal funds provided under this subpart may not be used for the indirect costs of a program assisted under this subpart, except that the Secretary may waive

this paragraph if an eligible recipient of funds reserved under

section 1232(a)(1)(C) demonstrates to the Secretary’s satisfaction that the recipient otherwise would not be able to participate

in the program assisted under this subpart.

‘‘(c) USE OF FUNDS FOR FAMILY LITERACY SERVICES.—

‘‘(1) IN GENERAL.—A State educational agency may use a

portion of funds reserved under section 1233(a), to assist eligible entities receiving a subgrant under section 1233(b) in imVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00143 Fmt 6659 Sfmt 6603 E:\HR\OC\A334HR.050 pfrm07 PsN: A334HR
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proving the quality of family literacy services provided under

Even Start programs under this subpart, except that in no case

may a State educational agency’s use of funds for this purpose

for a fiscal year result in a decrease from the level of activities

and services provided to program participants in the preceding

year.‘‘(2) PRIORITY.—In carrying out paragraph (1), a State educational agency shall give priority to programs that were of low

quality, as evaluated based on the indicators of program quality developed by the State educational agency under section

1240.‘‘(3) TECHNICAL ASSISTANCE TO HELP LOCAL PROGRAMS

RAISE ADDITIONAL FUNDS.—In carrying out paragraph (1), a

State educational agency may use the funds referred to in that

paragraph to provide technical assistance to help local programs of demonstrated effectiveness to access and leverage additional funds for the purpose of expanding services and reducing waiting lists, including requesting and applying for nonFederal resources. ‘‘(4) TECHNICAL ASSISTANCE AND TRAINING.—Assistance

under paragraph (1) shall be in the form of technical assistance

and training, provided by a State educational agency through

a grant, contract, or cooperative agreement with an entity that

has experience in offering high-quality training and technical

assistance to family literacy providers.

‘‘SEC. 1235. PROGRAM ELEMENTS.

‘‘Each program assisted under this subpart shall— ‘‘(1) include the identification and recruitment of families

most in need of services provided under this subpart, as indicated by a low level of income, a low level of adult literacy or

English language proficiency of the eligible parent or parents,

and other need-related indicators; ‘‘(2) include screening and preparation of parents, including teenage parents, and children to enable those parents and

children to participate fully in the activities and services provided under this subpart, including testing, referral to necessary counselling, other developmental and support services,

and related services; ‘‘(3) be designed to accommodate the participants’ work

schedule and other responsibilities, including the provision of

support services, when those services are unavailable from other

sources, necessary for participation in the activities assisted

under this subpart, such as— ‘‘(A) scheduling and locating of services to allow joint

participation by parents and children; ‘‘(B) child care for the period that parents are involved

in the program provided under this subpart; and ‘‘(C) transportation for the purpose of enabling parents

and their children to participate in programs authorized by

this subpart;

‘‘(4) include high-quality, intensive instructional programs

that promote adult literacy and empower parents to support the

educational growth of their children, developmentally appropriate early childhood educational services, and preparation of

children for success in regular school programs;

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‘‘(5) with respect to the qualifications of staff the cost of

whose salaries are paid, in whole or in part, with Federal funds

provided under this subpart, ensure that— ‘‘(A) not later than December 21, 2004— ‘‘(i) a majority of the individuals providing academic instruction— ‘‘(I) shall have obtained an associate’s, bachelor’s, or graduate degree in a field related to early

childhood education, elementary school or secondary school education, or adult education; and ‘‘(II) if applicable, shall meet qualifications established by the State for early childhood education, elementary school or secondary school education, or adult education provided as part of an

Even Start program or another family literacy program;

‘‘(ii) the individual responsible for administration

of family literacy services under this subpart has received training in the operation of a family literacy

program; and ‘‘(iii) paraprofessionals who provide support for

academic instruction have a secondary school diploma

or its recognized equivalent; and

‘‘(B) all new personnel hired to provide academic

instruction—‘‘(i) have obtained an associate’s, bachelor’s, or

graduate degree in a field related to early childhood

education, elementary school or secondary school education, or adult education; and ‘‘(ii) if applicable, meet qualifications established

by the State for early childhood education, elementary

school or secondary school education, or adult education provided as part of an Even Start program or

another family literacy program;

‘‘(6) include special training of staff, including child-care

staff, to develop the skills necessary to work with parents and

young children in the full range of instructional services offered

through this subpart;

‘‘(7) provide and monitor integrated instructional services to

participating parents and children through home-based programs;

‘‘(8) operate on a year-round basis, including the provision

of some program services, including instructional and enrichment services, during the summer months;

‘‘(9) be coordinated with—

‘‘(A) other programs assisted under this Act;

‘‘(B) any relevant programs under the Adult Education

and Family Literacy Act, the Individuals with Disabilities

Education Act, and title I of the Workforce Investment Act

of 1998; and

‘‘(C) the Head Start program, volunteer literacy programs, and other relevant programs;

‘‘(10) use instructional programs based on scientifically

based reading research for children and adults, to the extent

that research is available;

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‘‘(11) encourage participating families to attend regularly

and to remain in the program a sufficient time to meet their

program goals; ‘‘(12) include reading-readiness activities for preschool children based on scientifically based reading research, to the extent available, to ensure that children enter school ready to

learn to read; ‘‘(13) if applicable, promote the continuity of family literacy

to ensure that individuals retain and improve their educational

outcomes; ‘‘(14) ensure that the programs will serve those families

most in need of the activities and services provided by this subpart; and ‘‘(15) provide for an independent evaluation of the program,

to be used for program improvement.

‘‘SEC. 1236. ELIGIBLE PARTICIPANTS.

‘‘(a) IN GENERAL.—Except as provided in subsection (b), eligible

participants in an Even Start program are— ‘‘(1) a parent or parents— ‘‘(A) who are eligible for participation in adult education and literacy activities under the Adult Education

and Family Literacy Act; or ‘‘(B) who are within the State’s compulsory school attendance age range, so long as a local educational agency

provides (or ensures the availability of) the basic education

component required under this subpart, or who are attending secondary school; and

‘‘(2) the child or children, from birth through age 7, of any

individual described in paragraph (1).

‘‘(b) ELIGIBILITY FOR CERTAIN OTHER PARTICIPANTS.— ‘‘(1) IN GENERAL.—Family members of eligible participants

described in subsection (a) may participate in activities and

services provided under this subpart, when appropriate to serve

the purpose of this subpart. ‘‘(2) SPECIAL RULE.—Any family participating in a program

assisted under this subpart that becomes ineligible to participate as a result of 1 or more members of the family becoming

ineligible to participate may continue to participate in the program until all members of the family become ineligible to participate, which— ‘‘(A) in the case of a family in which ineligibility was

due to the child or children of the family attaining the age

of 8, shall be in 2 years or when the parent or parents become ineligible due to educational advancement, whichever

occurs first; and

‘‘(B) in the case of a family in which ineligibility was

due to the educational advancement of the parent or parents of the family, shall be when all children in the family

attain the age of 8.

‘‘(3) CHILDREN 8 YEARS OF AGE OR OLDER.—If an Even

Start program assisted under this subpart collaborates with a

program under part A, and funds received under the part A

program contribute to paying the cost of providing programs

under this subpart to children 8 years of age or older, the Even

Start program may, notwithstanding subsection (a)(2), permit

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the participation of children 8 years of age or older if the focus

of the program continues to remain on families with young children.

‘‘SEC. 1237. APPLICATIONS.

‘‘(a) SUBMISSION.—To be eligible to receive a subgrant under

this subpart, an eligible entity shall submit an application to the

State educational agency in such form and containing or accompanied by such information as the State educational agency shall

require. ‘‘(b) REQUIRED DOCUMENTATION.—Each application shall include documentation, satisfactory to the State educational agency,

that the eligible entity has the qualified personnel needed— ‘‘(1) to develop, administer, and implement an Even Start

program under this subpart; and ‘‘(2) to provide access to the special training necessary to

prepare staff for the program, which may be offered by an eligible organization.

‘‘(c) PLAN.— ‘‘(1) IN GENERAL.—The application shall also include a

plan of operation and continuous improvement for the program,

that includes— ‘‘(A) a description of the program objectives, strategies

to meet those objectives, and how those strategies and objectives are consistent with the program indicators established

by the State; ‘‘(B) a description of the activities and services that will

be provided under the program, including a description of

how the program will incorporate the program elements required by section 1235; ‘‘(C) a description of the population to be served and an

estimate of the number of participants to be served; ‘‘(D) as appropriate, a description of the applicant’s collaborative efforts with institutions of higher education,

community-based organizations, the State educational

agency, private elementary schools, or other eligible organizations in carrying out the program for which assistance is

sought; ‘‘(E) a statement of the methods that will be used— ‘‘(i) to ensure that the programs will serve families

most in need of the activities and services provided by

this subpart;

‘‘(ii) to provide services under this subpart to individuals with special needs, such as individuals with

limited English proficiency and individuals with disabilities; and ‘‘(iii) to encourage participants to remain in the

program for a time sufficient to meet the program’s

purpose;

‘‘(F) a description of how the plan is integrated with

other programs under this Act or other Acts, as appropriate; and

‘‘(G) a description of how the plan provides for rigorous

and objective evaluation of progress toward the program

objectives described in subparagraph (A) and for continuing use of evaluation data for program improvement.

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‘‘(2) DURATION OF THE PLAN.—Each plan submitted under

paragraph (1) shall— ‘‘(A) remain in effect for the duration of the eligible entity’s participation under this subpart; and

‘‘(B) be periodically reviewed and revised by the eligible

entity as necessary. ‘‘(d) CONSOLIDATED APPLICATION.—The plan described in subsection (c)(1)(F) may be submitted as part of a consolidated application under section 9302.

‘‘SEC. 1238. AWARD OF SUBGRANTS.

‘‘(a) SELECTION PROCESS.— ‘‘(1) IN GENERAL.—The State educational agency shall establish a review panel in accordance with paragraph (3) that

will approve applications that— ‘‘(A) are most likely to be successful in— ‘‘(i) meeting the purpose of this subpart; and

‘‘(ii) effectively implementing the program elements

required under section 1235;

‘‘(B) demonstrate that the area to be served by the program has a high percentage or a large number of children

and families who are in need of those services as indicated

by high levels of poverty, illiteracy, unemployment, limited

English proficiency, or other need-related indicators, such

as a high percentage of children to be served by the program who reside in a school attendance area served by a

local educational agency eligible for participation in programs under part A, a high number or percentage of parents who have been victims of domestic violence, or a high

number or percentage of parents who are receiving assistance under a State program funded under part A of title

IV of the Social Security Act (42 U.S.C. 601 et seq.); ‘‘(C) provide services for at least a 3-year age range,

which may begin at birth; ‘‘(D) demonstrate the greatest possible cooperation and

coordination between a variety of relevant service providers

in all phases of the program; ‘‘(E) include cost-effective budgets, given the scope of

the application; ‘‘(F) demonstrate the applicant’s ability to provide the

non-Federal share required by section 1234(b); ‘‘(G) are representative of urban and rural regions of

the State; and ‘‘(H) show the greatest promise for providing models

that may be adopted by other family literacy projects and

other local educational agencies.

‘‘(2) PRIORITY FOR SUBGRANTS.—The State educational

agency shall give priority for subgrants under this subsection to

applications that—

‘‘(A) target services primarily to families described in

paragraph (1)(B); or

‘‘(B) are located in areas designated as empowerment

zones or enterprise communities.

‘‘(3) REVIEW PANEL.—A review panel shall consist of at least

3 members, including 1 early childhood professional, 1 adult

education professional, and 1 individual with expertise in famVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00148 Fmt 6659 Sfmt 6603 E:\HR\OC\A334HR.051 pfrm07 PsN: A334HR
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ily literacy programs, and may include other individuals, such

as 1 or more of the following: ‘‘(A) A representative of a parent-child education organization. ‘‘(B) A representative of a community-based literacy organization. ‘‘(C) A member of a local board of education.

‘‘(D) A representative of business and industry with a

commitment to education. ‘‘(E) An individual who has been involved in the implementation of programs under this title in the State. ‘‘(b) DURATION.— ‘‘(1) IN GENERAL.—Subgrants under this subpart may be

awarded for a period not to exceed 4 years. ‘‘(2) STARTUP PERIOD.—The State educational agency may

provide subgrant funds to an eligible recipient, at the recipient’s

request, for a 3- to 6-month start-up period during the first year

of the 4-year grant period, which may include staff recruitment

and training, and the coordination of services, before requiring

full implementation of the program. ‘‘(3) CONTINUING ELIGIBILITY.—In awarding subgrant funds

to continue a program under this subpart after the first year,

the State educational agency shall review the progress of each

eligible entity in meeting the objectives of the program referred

to in section 1237(c)(1)(A) and shall evaluate the program based

on the indicators of program quality developed by the State

under section 1240. ‘‘(4) INSUFFICIENT PROGRESS.—The State educational agency may refuse to award subgrant funds to an eligible entity if

the agency finds that the eligible entity has not sufficiently improved the performance of the program, as evaluated based on

the indicators of program quality developed by the State under

section 1240, after— ‘‘(A) providing technical assistance to the eligible entity;

and ‘‘(B) affording the eligible entity notice and an opportunity for a hearing.

‘‘(5) GRANT RENEWAL.—(A) An eligible entity that has previously received a subgrant under this subpart may reapply

under this subpart for additional subgrants. ‘‘(B) The Federal share of any subgrant renewed under subparagraph (A) shall be limited in accordance with section

1234(b).

‘‘SEC. 1239. EVALUATION.

‘‘From funds reserved under section 1232(b)(1), the Secretary

shall provide for an independent evaluation of programs assisted

under this subpart—

‘‘(1) to determine the performance and effectiveness of programs assisted under this subpart;

‘‘(2) to identify effective Even Start programs assisted under

this subpart that can be duplicated and used in providing technical assistance to Federal, State, and local programs; and

‘‘(3) to provide State educational agencies and eligible entities receiving a subgrant under this subpart, directly or through

a grant or contract with an organization with experience in the

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development and operation of successful family literacy services,

technical assistance to ensure that local evaluations undertaken

under section 1235(15) provide accurate information on the effectiveness of programs assisted under this subpart.

‘‘SEC. 1240. INDICATORS OF PROGRAM QUALITY.

‘‘Each State educational agency receiving funds under this subpart shall develop, based on the best available research and evaluation data, indicators of program quality for programs assisted

under this subpart. The indicators shall be used to monitor, evaluate, and improve those programs within the State. The indicators

shall include the following:

‘‘(1) With respect to eligible participants in a program who

are adults—

‘‘(A) achievement in the areas of reading, writing,

English-language acquisition, problem solving, and

numeracy;

‘‘(B) receipt of a secondary school diploma or a general

equivalency diploma (GED);

‘‘(C) entry into a postsecondary school, job retraining

program, or employment or career advancement, including

the military; and

‘‘(D) such other indicators as the State may develop.

‘‘(2) With respect to eligible participants in a program who

are children—

‘‘(A) improvement in ability to read on grade level or

reading readiness;

‘‘(B) school attendance;

‘‘(C) grade retention and promotion; and

‘‘(D) such other indicators as the State may develop.

‘‘SEC. 1241. RESEARCH.

‘‘(a) IN GENERAL.—The Secretary shall carry out, through grant

or contract, research into the components of successful family literacy services, in order to—

‘‘(1) improve the quality of existing programs assisted under

this subpart or other family literacy programs carried out

under this Act or the Adult Education and Family Literacy Act;

and

‘‘(2) develop models for new programs to be carried out

under this Act or the Adult Education and Family Literacy Act.

‘‘(b) SCIENTIFICALLY BASED RESEARCH ON FAMILY LITERACY.—

‘‘(1) IN GENERAL.—From amounts reserved under section

1232(b)(2), the National Institute for Literacy, in consultation

with the Secretary, shall carry out research that—

‘‘(A) is scientifically based reading research; and

‘‘(B) determines—

‘‘(i) the most effective ways of improving the literacy skills of adults with reading difficulties; and

‘‘(ii) how family literacy services can best provide

parents with the knowledge and skills the parents need

to support their children’s literacy development. ‘‘(2) USE OF EXPERT ENTITY.—The National Institute for

Literacy, in consultation with the Secretary, shall carry out the

research under paragraph (1) through an entity, including a

Federal agency, that has expertise in carrying out longitudinal

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studies of the development of literacy skills in children and has

developed effective interventions to help children with reading

difficulties.

‘‘(c) DISSEMINATION.—The National Institute for Literacy shall

disseminate, pursuant to section 1207, the results of the research described in subsections (a) and (b) to State educational agencies and

recipients of subgrants under this subpart.

‘‘SEC. 1242. CONSTRUCTION.

‘‘Nothing in this subpart shall be construed to prohibit a recipient of funds under this subpart from serving students participating

in Even Start simultaneously with students with similar educational needs, in the same educational settings where appropriate.

‘‘Subpart 4—Improving Literacy Through School Libraries

‘‘SEC. 1251. IMPROVING LITERACY THROUGH SCHOOL LIBRARIES.

‘‘(a) PURPOSES.—The purpose of this subpart is to improve literacy skills and academic achievement of students by providing students with increased access to up-to-date school library materials,

a well-equipped, technologically advanced school library media center, and well-trained, professionally certified school library media

specialists.

‘‘(b) RESERVATION.—From the funds appropriated under section

1002(b)(4) for a fiscal year, the Secretary shall reserve—

‘‘(1) 1⁄2 of 1 percent to award assistance under this section

to the Bureau of Indian Affairs to carry out activities consistent

with the purpose of this subpart; and

‘‘(2) 1⁄2 of 1 percent to award assistance under this section

to the outlying areas according to their respective needs for assistance under this subpart.

‘‘(c) GRANTS.—

‘‘(1) COMPETITIVE GRANTS TO ELIGIBLE LOCAL EDUCATIONAL

AGENCIES.—If the amount of funds appropriated under section

1002(b)(4) for a fiscal year is less than $100,000,000, then the

Secretary shall award grants, on a competitive basis, to eligible

local educational agencies under subsection (e).

‘‘(2) FORMULA GRANTS TO STATES.—If the amount of funds

appropriated under section 1002(b)(4) for a fiscal year equals or

exceeds $100,000,000, then the Secretary shall award grants to

State educational agencies from allotments under subsection

(d).

‘‘(3) DEFINITION OF ELIGIBLE LOCAL EDUCATIONAL AGENCY.—In this section the term ‘eligible local educational agency’

means—

‘‘(A) in the case of a local educational agency receiving

assistance made available under paragraph (1), a local

educational agency in which 20 percent of the students

served by the local educational agency are from families

with incomes below the poverty line; and

‘‘(B) in the case of a local educational agency receiving

assistance from State allocations made available under

paragraph (2), a local educational agency in which—

‘‘(i) 15 percent of the students who are served by

the local educational agency are from such families; or

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‘‘(ii) the percentage of students from such families

who are served by the local educational agency is

greater than the statewide percentage of children from

such families. ‘‘(d) STATE GRANTS.— ‘‘(1) ALLOTMENTS.—From funds made available under subsection (c)(2) and not reserved under subsections (b) and (j) for

a fiscal year, the Secretary shall allot to each State educational

agency having an application approved under subsection (f)(1)

an amount that bears the same relation to the funds as the

amount the State educational agency received under part A for

the preceding fiscal year bears to the amount all such State

educational agencies received under part A for the preceding

fiscal year, to increase literacy and reading skills by improving

school libraries. ‘‘(2) COMPETITIVE GRANTS TO ELIGIBLE LOCAL EDUCATIONAL

AGENCIES.—Each State educational agency receiving an allotment under paragraph (1) for a fiscal year— ‘‘(A) may reserve not more than 3 percent of the allotted

funds to provide technical assistance, disseminate information about school library media programs that are effective

and based on scientifically based research, and pay administrative costs related to activities under this section; and ‘‘(B) shall use the allotted funds that remain after making the reservation under subparagraph (A) to award

grants, for a period of 1 year, on a competitive basis, to eligible local educational agencies in the State that have an

application approved under subsection (f)(2) for activities

described in subsection (g).

‘‘(3) REALLOTMENT.—If a State educational agency does not

apply for an allotment under this section for any fiscal year, or

if the State educational agency’s application is not approved,

the Secretary shall reallot the amount of the State educational

agency’s allotment to the remaining State educational agencies

in accordance with paragraph (1).

‘‘(e) DIRECT COMPETITIVE GRANTS TO ELIGIBLE LOCAL EDU- CATIONAL AGENCIES.— ‘‘(1) IN GENERAL.—From amounts made available under

subsection (c)(1) and not reserved under subsections (b) and (j)

for a fiscal year, the Secretary shall award grants, on a competitive basis, to eligible local educational agencies that have

applications approved under subsection (f)(2) for activities described in subsection (g). ‘‘(2) DURATION.—The Secretary shall award grants under

this subsection for a period of 1 year.

‘‘(3) DISTRIBUTION.—The Secretary shall ensure that grants

under this subsection are equitably distributed among the different geographic regions of the United States, and among local

educational agencies serving urban and rural areas.

‘‘(f) APPLICATIONS.— ‘‘(1) STATE EDUCATIONAL AGENCY.—Each State educational

agency desiring assistance under this section shall submit to

the Secretary an application at such time, in such manner, and

containing such information as the Secretary shall require. The

application shall contain a description of—

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‘‘(A) how the State educational agency will assist eligible local educational agencies in meeting the requirements

of this section and in using scientifically based research to

implement effective school library media programs; and ‘‘(B) the standards and techniques the State educational agency will use to evaluate the quality and impact

of activities carried out under this section by eligible local

educational agencies to determine the need for technical assistance and whether to continue to provide additional

funding to the agencies under this section.

‘‘(2) ELIGIBLE LOCAL EDUCATIONAL AGENCY.—Each eligible

local educational agency desiring assistance under this section

shall submit to the Secretary or State educational agency, as

appropriate, an application at such time, in such manner, and

containing such information as the Secretary or State educational agency, respectively, shall require. The application

shall contain a description of— ‘‘(A) a needs assessment relating to the need for school

library media improvement, based on the age and condition

of school library media resources, including book collections, access of school library media centers to advanced

technology, and the availability of well-trained, professionally certified school library media specialists, in schools

served by the eligible local educational agency; ‘‘(B) the manner in which the eligible local educational

agency will use the funds made available through the grant

to carry out the activities described in subsection (g); ‘‘(C) how the eligible local educational agency will extensively involve school library media specialists, teachers,

administrators, and parents in the activities assisted under

this section, and the manner in which the eligible local

educational agency will carry out the activities described in

subsection (g) using programs and materials that are

grounded in scientifically based research;

‘‘(D) the manner in which the eligible local educational

agency will effectively coordinate the funds and activities

provided under this section with Federal, State, and local

funds and activities under this subpart and other literacy,

library, technology, and professional development funds

and activities; and

‘‘(E) the manner in which the eligible local educational

agency will collect and analyze data on the quality and impact of activities carried out under this section by schools

served by the eligible local educational agency.

‘‘(g) LOCAL ACTIVITIES.—Funds under this section may be used

to—

‘‘(1) acquire up-to-date school library media resources, including books;

‘‘(2) acquire and use advanced technology, incorporated into

the curricula of the school, to develop and enhance the information literacy, information retrieval, and critical thinking skills

of students; ‘‘(3) facilitate Internet links and other resource-sharing networks among schools and school library media centers, and

public and academic libraries, where possible;

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‘‘(4) provide professional development described in section

1222(d)(2) for school library media specialists, and activities

that foster increased collaboration between school library media

specialists, teachers, and administrators; and

‘‘(5) provide students with access to school libraries during

nonschool hours, including the hours before and after school,

during weekends, and during summer vacation periods.

‘‘(h) ACCOUNTABILITY AND REPORTING.—

‘‘(1) LOCAL REPORTS.—Each eligible local educational agency that receives funds under this section for a fiscal year shall

report to the Secretary or State educational agency, as appropriate, on how the funding was used and the extent to which

the availability of, the access to, and the use of, up-to-date

school library media resources in the elementary schools and

secondary schools served by the eligible local educational agency was increased.

‘‘(2) STATE REPORT.—Each State educational agency that

receives funds under this section shall compile the reports received under paragraph (1) and submit the compiled reports to

the Secretary.

‘‘(i) SUPPLEMENT, NOT SUPPLANT.—Funds made available

under this section shall be used to supplement, and not supplant,

other Federal, State, and local funds expended to carry out activities

relating to library, technology, or professional development activities.

‘‘(j) NATIONAL ACTIVITIES.—

‘‘(1) EVALUATIONS.—From the funds appropriated under

section 1002(b)(4) for each fiscal year, the Secretary shall reserve not more than 1 percent for annual, independent, national

evaluations of the activities assisted under this section and

their impact on improving the reading skills of students. The

evaluations shall be conducted not later than 3 years after the

date of enactment of the No Child Left Behind Act of 2001, and

biennially thereafter.

‘‘(2) REPORT TO CONGRESS.—The Secretary shall transmit

the State reports received under subsection (h)(2) and the evaluations conducted under paragraph (1) to the Committee on

Health, Education, Labor, and Pensions of the Senate and the

Committee on Education and the Workforce of the House of

Representatives.

‘‘PART C—EDUCATION OF MIGRATORY CHILDREN

‘‘SEC. 1301. PROGRAM PURPOSE.

‘‘It is the purpose of this part to assist States to—

‘‘(1) support high-quality and comprehensive educational

programs for migratory children to help reduce the educational

disruptions and other problems that result from repeated

moves;

‘‘(2) ensure that migratory children who move among the

States are not penalized in any manner by disparities among

the States in curriculum, graduation requirements, and State

academic content and student academic achievement standards;

‘‘(3) ensure that migratory children are provided with appropriate educational services (including supportive services)

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that address their special needs in a coordinated and efficient

manner;

‘‘(4) ensure that migratory children receive full and appropriate opportunities to meet the same challenging State academic content and student academic achievement standards

that all children are expected to meet;

‘‘(5) design programs to help migratory children overcome

educational disruption, cultural and language barriers, social

isolation, various health-related problems, and other factors

that inhibit the ability of such children to do well in school,

and to prepare such children to make a successful transition to

postsecondary education or employment; and

‘‘(6) ensure that migratory children benefit from State and

local systemic reforms.

‘‘SEC. 1302. PROGRAM AUTHORIZED.

‘‘In order to carry out the purpose of this part, the Secretary

shall make grants to State educational agencies, or combinations of

such agencies, to establish or improve, directly or through local operating agencies, programs of education for migratory children in

accordance with this part.

‘‘SEC. 1303. STATE ALLOCATIONS.

‘‘(a) STATE ALLOCATIONS.—

‘‘(1) FISCAL YEAR 2002.—For fiscal year 2002, each State

(other than the Commonwealth of Puerto Rico) is entitled to receive under this part an amount equal to—

‘‘(A) the sum of the estimated number of migratory children aged 3 through 21 who reside in the State full time

and the full-time equivalent of the estimated number of migratory children aged 3 through 21 who reside in the State

part time, as determined in accordance with subsection (e);

multiplied by

‘‘(B) 40 percent of the average per-pupil expenditure in

the State, except that the amount determined under this

paragraph shall not be less than 32 percent, nor more than

48 percent, of the average per-pupil expenditure in the

United States.

‘‘(2) SUBSEQUENT YEARS.—

‘‘(A) BASE AMOUNT.—

‘‘(i) IN GENERAL.—Except as provided in subsection

(b) and clause (ii), each State (other than the Commonwealth of Puerto Rico) is entitled to receive under this

part, for fiscal year 2003 and succeeding fiscal years,

an amount equal to—

‘‘(I) the amount that such State received under

this part for fiscal year 2002; plus

‘‘(II) the amount allocated to the State under

subparagraph (B).

‘‘(ii) NONPARTICIPATING STATES.—In the case of a

State (other than the Commonwealth of Puerto Rico)

that did not receive any funds for fiscal year 2002

under this part, the State shall receive, for fiscal year

2003 and succeeding fiscal years, an amount equal

to—

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‘‘(I) the amount that such State would have received under this part for fiscal year 2002 if its application under section 1304 for the year had been

approved; plus ‘‘(II) the amount allocated to the State under

subparagraph (B). ‘‘(B) ALLOCATION OF ADDITIONAL AMOUNT.—For fiscal

year 2003 and succeeding fiscal years, the amount (if any)

by which the funds appropriated to carry out this part for

the year exceed such funds for fiscal year 2002 shall be allocated to a State (other than the Commonwealth of Puerto

Rico) so that the State receives an amount equal to— ‘‘(i) the sum of— ‘‘(I) the number of identified eligible migratory

children, aged 3 through 21, residing in the State

during the previous year; and ‘‘(II) the number of identified eligible migratory children, aged 3 through 21, who received

services under this part in summer or intersession

programs provided by the State during such year;

multiplied by

‘‘(ii) 40 percent of the average per-pupil expenditure in the State, except that the amount determined

under this clause may not be less than 32 percent, or

more than 48 percent, of the average per-pupil expenditure in the United States. ‘‘(b) ALLOCATION TO PUERTO RICO.— ‘‘(1) IN GENERAL.—For each fiscal year, the grant which the

Commonwealth of Puerto Rico shall be eligible to receive under

this part shall be the amount determined by multiplying the

number of children who would be counted under subsection

(a)(1)(A) if such subsection applied to the Commonwealth of

Puerto Rico by the product of— ‘‘(A) the percentage which the average per-pupil expenditure in the Commonwealth of Puerto Rico is of the

lowest average per-pupil expenditure of any of the 50

States; and

‘‘(B) 32 percent of the average per-pupil expenditure in

the United States.

‘‘(2) MINIMUM PERCENTAGE.—The percentage in paragraph

(1)(A) shall not be less than—

‘‘(A) for fiscal year 2002, 77.5 percent;

‘‘(B) for fiscal year 2003, 80.0 percent;

‘‘(C) for fiscal year 2004, 82.5 percent; and

‘‘(D) for fiscal year 2005 and succeeding fiscal years,

85.0 percent.

‘‘(3) LIMITATION.—If the application of paragraph (2) for

any fiscal year would result in any of the 50 States or the District of Columbia receiving less under this part than it received

under this part for the preceding fiscal year, then the percentage described in paragraph (1)(A) that is used for the Commonwealth of Puerto Rico for the fiscal year for which the determination is made shall be the greater of the percentage in paragraph (1)(A) for such fiscal year or the percentage used for the

preceding fiscal year.

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‘‘(c) RATABLE REDUCTIONS; REALLOCATIONS.— ‘‘(1) IN GENERAL.—(A) If, after the Secretary reserves funds

under section 1308(c), the amount appropriated to carry out

this part for any fiscal year is insufficient to pay in full the

amounts for which all States are eligible, the Secretary shall

ratably reduce each such amount. ‘‘(B) If additional funds become available for making such

payments for any fiscal year, the Secretary shall allocate such

funds to States in amounts that the Secretary determines will

best carry out the purpose of this part. ‘‘(2) SPECIAL RULE.—(A) The Secretary shall further reduce

the amount of any grant to a State under this part for any fiscal year if the Secretary determines, based on available information on the numbers and needs of migratory children in the

State and the program proposed by the State to address such

needs, that such amount exceeds the amount required under

section 1304. ‘‘(B) The Secretary shall reallocate such excess funds to

other States whose grants under this part would otherwise be

insufficient to provide an appropriate level of services to migratory children, in such amounts as the Secretary determines are

appropriate.

‘‘(d) CONSORTIUM ARRANGEMENTS.— ‘‘(1) IN GENERAL.—In the case of a State that receives a grant of $1,000,000 or less under this section, the Secretary

shall consult with the State educational agency to determine

whether consortium arrangements with another State or other

appropriate entity would result in delivery of services in a more

effective and efficient manner. ‘‘(2) PROPOSALS.—Any State, regardless of the amount of

such State’s allocation, may submit a consortium arrangement

to the Secretary for approval. ‘‘(3) APPROVAL.—The Secretary shall approve a consortium

arrangement under paragraph (1) or (2) if the proposal demonstrates that the arrangement will—

‘‘(A) reduce administrative costs or program function

costs for State programs; and

‘‘(B) make more funds available for direct services to

add substantially to the welfare or educational attainment

of children to be served under this part.

‘‘(e) DETERMINING NUMBERS OF ELIGIBLE CHILDREN.—In order

to determine the estimated number of migratory children residing in

each State for purposes of this section, the Secretary shall—

‘‘(1) use such information as the Secretary finds most accurately reflects the actual number of migratory children;

‘‘(2) develop and implement a procedure for more accurately

reflecting cost factors for different types of summer and intersession program designs;

‘‘(3) adjust the full-time equivalent number of migratory

children who reside in each State to take into account— ‘‘(A) the special needs of those children participating in

special programs provided under this part that operate

during the summer and intersession periods; and ‘‘(B) the additional costs of operating such programs;

and

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‘‘(4) conduct an analysis of the options for adjusting the formula so as to better direct services to the child whose education

has been interrupted.

‘‘SEC. 1304. STATE APPLICATIONS; SERVICES.

‘‘(a) APPLICATION REQUIRED.—Any State desiring to receive a

grant under this part for any fiscal year shall submit an application

to the Secretary at such time and in such manner as the Secretary

may require.

‘‘(b) PROGRAM INFORMATION.—Each such application shall

include—

‘‘(1) a description of how, in planning, implementing, and

evaluating programs and projects assisted under this part, the

State and its local operating agencies will ensure that the special educational needs of migratory children, including preschool migratory children, are identified and addressed

through—

‘‘(A) the full range of services that are available for migratory children from appropriate local, State, and Federal

educational programs;

‘‘(B) joint planning among local, State, and Federal

educational programs serving migrant children, including

language instruction educational programs under part A or

B of title III;

‘‘(C) the integration of services available under this

part with services provided by those other programs; and

‘‘(D) measurable program goals and outcomes;

‘‘(2) a description of the steps the State is taking to provide

all migratory students with the opportunity to meet the same

challenging State academic content standards and challenging

State student academic achievement standards that all children

are expected to meet;

‘‘(3) a description of how the State will use funds received

under this part to promote interstate and intrastate coordination of services for migratory children, including how, consistent with procedures the Secretary may require, the State will

provide for educational continuity through the timely transfer of

pertinent school records, including information on health, when

children move from one school to another, whether or not such

move occurs during the regular school year;

‘‘(4) a description of the State’s priorities for the use of

funds received under this part, and how such priorities relate

to the State’s assessment of needs for services in the State;

‘‘(5) a description of how the State will determine the

amount of any subgrants the State will award to local operating agencies, taking into account the numbers and needs of

migratory children, the requirements of subsection (d), and the

availability of funds from other Federal, State, and local programs;

‘‘(6) such budgetary and other information as the Secretary

may require; and

‘‘(7) a description of how the State will encourage programs

and projects assisted under this part to offer family literacy

services if the program or project serves a substantial number

of migratory children who have parents who do not have a high

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school diploma or its recognized equivalent or who have low

levels of literacy.

‘‘(c) ASSURANCES.—Each such application shall also include assurances, satisfactory to the Secretary, that—

‘‘(1) funds received under this part will be used only—

‘‘(A) for programs and projects, including the acquisition of equipment, in accordance with section 1306; and

‘‘(B) to coordinate such programs and projects with

similar programs and projects within the State and in

other States, as well as with other Federal programs that

can benefit migratory children and their families;

‘‘(2) such programs and projects will be carried out in a

manner consistent with the objectives of section 1114, subsections (b) and (d) of section 1115, subsections (b) and (c) of

section 1120A, and part I;

‘‘(3) in the planning and operation of programs and

projects at both the State and local agency operating level, there

is consultation with parent advisory councils for programs of 1

school year in duration, and that all such programs and

projects are carried out—

‘‘(A) in a manner that provides for the same parental

involvement as is required for programs and projects under

section 1118, unless extraordinary circumstances make

such provision impractical; and

‘‘(B) in a format and language understandable to the

parents;

‘‘(4) in planning and carrying out such programs and

projects, there has been, and will be, adequate provision for addressing the unmet education needs of preschool migratory children;

‘‘(5) the effectiveness of such programs and projects will be

determined, where feasible, using the same approaches and

standards that will be used to assess the performance of students, schools, and local educational agencies under part A;

‘‘(6) to the extent feasible, such programs and projects will

provide for—

‘‘(A) advocacy and outreach activities for migratory

children and their families, including informing such children and families of, or helping such children and families

gain access to, other education, health, nutrition, and social

services;

‘‘(B) professional development programs, including

mentoring, for teachers and other program personnel;

‘‘(C) family literacy programs, including such programs

that use models developed under Even Start;

‘‘(D) the integration of information technology into educational and related programs; and

‘‘(E) programs to facilitate the transition of secondary

school students to postsecondary education or employment;

and

‘‘(7) the State will assist the Secretary in determining the

number of migratory children under paragraphs (1)(A) and

(2)(B)(i) of section 1303(a), through such procedures as the Secretary may require.

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‘‘(d) PRIORITY FOR SERVICES.—In providing services with funds

received under this part, each recipient of such funds shall give priority to migratory children who are failing, or most at risk of failing, to meet the State’s challenging State academic content standards and challenging State student academic achievement standards, and whose education has been interrupted during the regular

school year.

‘‘(e) CONTINUATION OF SERVICES.—Notwithstanding any other

provision of this part—

‘‘(1) a child who ceases to be a migratory child during a

school term shall be eligible for services until the end of such

term;

‘‘(2) a child who is no longer a migratory child may continue to receive services for 1 additional school year, but only

if comparable services are not available through other programs; and

‘‘(3) secondary school students who were eligible for services

in secondary school may continue to be served through credit

accrual programs until graduation.

‘‘SEC. 1305. SECRETARIAL APPROVAL; PEER REVIEW.

‘‘(a) SECRETARIAL APPROVAL.—The Secretary shall approve each

State application that meets the requirements of this part.

‘‘(b) PEER REVIEW.—The Secretary may review any such application with the assistance and advice of State officials and other individuals with relevant expertise.

‘‘SEC. 1306. COMPREHENSIVE NEEDS ASSESSMENT AND SERVICE-DELIVERY PLAN; AUTHORIZED ACTIVITIES.

‘‘(a) COMPREHENSIVE PLAN.—

‘‘(1) IN GENERAL.—Each State that receives assistance

under this part shall ensure that the State and its local operating agencies identify and address the special educational

needs of migratory children in accordance with a comprehensive State plan that—

‘‘(A) is integrated with other programs under this Act

or other Acts, as appropriate;

‘‘(B) may be submitted as a part of consolidated application under section 9302, if—

‘‘(i) the special needs of migratory children are specifically addressed in the comprehensive State plan;

‘‘(ii) the comprehensive State plan is developed in

collaboration with parents of migratory children; and

‘‘(iii) the comprehensive State planning is not used

to supplant State efforts regarding, or administrative

funding for, this part;

‘‘(C) provides that migratory children will have an opportunity to meet the same challenging State academic content standards and challenging State student academic

achievement standards that all children are expected to

meet;

‘‘(D) specifies measurable program goals and outcomes;

‘‘(E) encompasses the full range of services that are

available for migratory children from appropriate local,

State, and Federal educational programs;

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‘‘(F) is the product of joint planning among such local,

State, and Federal programs, including programs under

part A, early childhood programs, and language instruction educational programs under part A or B of title III;

and

‘‘(G) provides for the integration of services available

under this part with services provided by such other programs.

‘‘(2) DURATION OF THE PLAN.—Each such comprehensive

State plan shall—

‘‘(A) remain in effect for the duration of the State’s participation under this part; and

‘‘(B) be periodically reviewed and revised by the State,

as necessary, to reflect changes in the State’s strategies and

programs under this part.

‘‘(b) AUTHORIZED ACTIVITIES.—

‘‘(1) FLEXIBILITY.—In implementing the comprehensive plan

described in subsection (a), each State educational agency,

where applicable through its local educational agencies, shall

have the flexibility to determine the activities to be provided

with funds made available under this part, except that such

funds first shall be used to meet the identified needs of migratory children that result from their migratory lifestyle, and to

permit these children to participate effectively in school.

‘‘(2) UNADDRESSED NEEDS.—Funds provided under this

part shall be used to address the needs of migratory children

that are not addressed by services available from other Federal

or non-Federal programs, except that migratory children who

are eligible to receive services under part A may receive those

services through funds provided under that part, or through

funds under this part that remain after the agency addresses

the needs described in paragraph (1).

‘‘(3) CONSTRUCTION.—Nothing in this part shall be construed to prohibit a local educational agency from serving migratory children simultaneously with students with similar

educational needs in the same educational settings, where appropriate.

‘‘(4) SPECIAL RULE.—Notwithstanding section 1114, a

school that receives funds under this part shall continue to address the identified needs described in paragraph (1), and shall

meet the special educational needs of migratory children before

using funds under this part for schoolwide programs under section 1114.

‘‘SEC. 1307. BYPASS.

‘‘The Secretary may use all or part of any State’s allocation

under this part to make arrangements with any public or private

nonprofit agency to carry out the purpose of this part in such State

if the Secretary determines that—

‘‘(1) the State is unable or unwilling to conduct educational

programs for migratory children;

‘‘(2) such arrangements would result in more efficient and

economic administration of such programs; or

‘‘(3) such arrangements would add substantially to the welfare or educational attainment of such children.

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‘‘SEC. 1308. COORDINATION OF MIGRANT EDUCATION ACTIVITIES.

‘‘(a) IMPROVEMENT OF COORDINATION.—

‘‘(1) IN GENERAL.—The Secretary, in consultation with the

States, may make grants to, or enter into contracts with, State

educational agencies, local educational agencies, institutions of

higher education, and other public and private nonprofit entities to improve the interstate and intrastate coordination among

such agencies’ educational programs, including the establishment or improvement of programs for credit accrual and exchange, available to migratory students.

‘‘(2) DURATION.—Grants under this subsection may be

awarded for not more than 5 years.

‘‘(b) STUDENT RECORDS.— ‘‘(1) ASSISTANCE.—The Secretary shall assist States in developing effective methods for the electronic transfer of student

records and in determining the number of migratory children

in each State.

‘‘(2) INFORMATION SYSTEM.—

‘‘(A) IN GENERAL.—The Secretary, in consultation with

the States, shall ensure the linkage of migrant student

record systems for the purpose of electronically exchanging,

among the States, health and educational information regarding all migratory students. The Secretary shall ensure

such linkage occurs in a cost-effective manner, utilizing systems used by the States prior to, or developed after, the

date of enactment of the No Child Left Behind Act of 2001,

and shall determine the minimum data elements that each

State receiving funds under this part shall collect and

maintain. Such elements may include—

‘‘(i) immunization records and other health information;

‘‘(ii) elementary and secondary academic history

(including partial credit), credit accrual, and results

from State assessments required under section 1111(b);

‘‘(iii) other academic information essential to ensuring that migratory children achieve to high standards; and

‘‘(iv) eligibility for services under the Individuals

with Disabilities Education Act.

‘‘(B) NOTICE AND COMMENT.—After consulting with the

States under subparagraph (A), the Secretary shall publish

a notice in the Federal Register seeking public comment on

the proposed data elements that each State receiving funds

under this part shall be required to collect for purposes of

electronic transfer of migratory student information and

the requirements that States shall meet for immediate electronic access to such information. Such publication shall

occur not later than 120 days after the date of enactment

of the No Child Left Behind Act of 2001.

‘‘(3) NO COST FOR CERTAIN TRANSFERS.—A State educational agency or local educational agency receiving assistance

under this part shall make student records available to another

State educational agency or local educational agency that requests the records at no cost to the requesting agency, if the request is made in order to meet the needs of a migratory child.

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‘‘(4) REPORT TO CONGRESS.— ‘‘(A) IN GENERAL.—Not later than April 30, 2003, the

Secretary shall report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives the Secretary’s findings and recommendations

regarding the maintenance and transfer of health and educational information for migratory students by the States. ‘‘(B) REQUIRED CONTENTS.—The Secretary shall include in such report— ‘‘(i) a review of the progress of States in developing

and linking electronic records transfer systems; ‘‘(ii) recommendations for the development and

linkage of such systems; and ‘‘(iii) recommendations for measures that may be

taken to ensure the continuity of services provided for

migratory students. ‘‘(c) AVAILABILITY OF FUNDS.—For the purpose of carrying out

this section in any fiscal year, the Secretary shall reserve not more

than $10,000,000 of the amount appropriated to carry out this part

for such year. ‘‘(d) INCENTIVE GRANTS.—From the amounts made available to

carry out this section for any fiscal year, the Secretary may reserve

not more than $3,000,000 to award grants of not more than

$250,000 on a competitive basis to State educational agencies that

propose a consortium arrangement with another State or other appropriate entity that the Secretary determines, pursuant to criteria

that the Secretary shall establish, will improve the delivery of services to migratory children whose education is interrupted. ‘‘(e) DATA COLLECTION.—The Secretary shall direct the National

Center for Education Statistics to collect data on migratory children.

‘‘SEC. 1309. DEFINITIONS.

‘‘As used in this part: ‘‘(1) LOCAL OPERATING AGENCY.—The term ‘local operating

agency’ means— ‘‘(A) a local educational agency to which a State educational agency makes a subgrant under this part; ‘‘(B) a public or nonprofit private agency with which a

State educational agency or the Secretary makes an arrangement to carry out a project under this part; or

‘‘(C) a State educational agency, if the State educational agency operates the State’s migrant education program or projects directly.

‘‘(2) MIGRATORY CHILD.—The term ‘migratory child’ means

a child who is, or whose parent or spouse is, a migratory agricultural worker, including a migratory dairy worker, or a migratory fisher, and who, in the preceding 36 months, in order

to obtain, or accompany such parent or spouse, in order to obtain, temporary or seasonal employment in agricultural or fishing work—

‘‘(A) has moved from one school district to another;

‘‘(B) in a State that is comprised of a single school district, has moved from one administrative area to another

within such district; or

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‘‘(C) resides in a school district of more than 15,000

square miles, and migrates a distance of 20 miles or more

to a temporary residence to engage in a fishing activity.

‘‘PART D—PREVENTION AND INTERVENTION PROGRAMS

FOR CHILDREN AND YOUTH WHO ARE NEGLECTED,

DELINQUENT, OR AT-RISK

‘‘SEC. 1401. PURPOSE AND PROGRAM AUTHORIZATION.

‘‘(a) PURPOSE.—It is the purpose of this part—

‘‘(1) to improve educational services for children and youth

in local and State institutions for neglected or delinquent children and youth so that such children and youth have the opportunity to meet the same challenging State academic content

standards and challenging State student academic achievement

standards that all children in the State are expected to meet;

‘‘(2) to provide such children and youth with the services

needed to make a successful transition from institutionalization

to further schooling or employment; and

‘‘(3) to prevent at-risk youth from dropping out of school,

and to provide dropouts, and children and youth returning

from correctional facilities or institutions for neglected or delinquent children and youth, with a support system to ensure their

continued education.

‘‘(b) PROGRAM AUTHORIZED.—In order to carry out the purpose

of this part and from amounts appropriated under section 1002(d),

the Secretary shall make grants to State educational agencies to enable such agencies to award subgrants to State agencies and local

educational agencies to establish or improve programs of education

for neglected, delinquent, or at-risk children and youth.

‘‘SEC. 1402. PAYMENTS FOR PROGRAMS UNDER THIS PART.

‘‘(a) AGENCY SUBGRANTS.—Based on the allocation amount

computed under section 1412, the Secretary shall allocate to each

State educational agency an amount necessary to make subgrants to

State agencies under subpart 1.

‘‘(b) LOCAL SUBGRANTS.—Each State shall retain, for the purpose of carrying out subpart 2, funds generated throughout the

State under part A of this title based on children and youth residing

in local correctional facilities, or attending community day programs for delinquent children and youth.

‘‘Subpart 1—State Agency Programs

‘‘SEC. 1411. ELIGIBILITY.

‘‘A State agency is eligible for assistance under this subpart if

such State agency is responsible for providing free public education

for children and youth—

‘‘(1) in institutions for neglected or delinquent children and

youth;

‘‘(2) attending community day programs for neglected or delinquent children and youth; or

‘‘(3) in adult correctional institutions.

‘‘SEC. 1412. ALLOCATION OF FUNDS.

‘‘(a) SUBGRANTS TO STATE AGENCIES.—

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‘‘(1) IN GENERAL.—Each State agency described in section

1411 (other than an agency in the Commonwealth of Puerto

Rico) is eligible to receive a subgrant under this subpart, for

each fiscal year, in an amount equal to the product of— ‘‘(A) the number of neglected or delinquent children

and youth described in section 1411 who— ‘‘(i) are enrolled for at least 15 hours per week in

education programs in adult correctional institutions;

and ‘‘(ii) are enrolled for at least 20 hours per week— ‘‘(I) in education programs in institutions for

neglected or delinquent children and youth; or ‘‘(II) in community day programs for neglected

or delinquent children and youth; and ‘‘(B) 40 percent of the average per-pupil expenditure in

the State, except that the amount determined under this

subparagraph shall not be less than 32 percent, nor more

than 48 percent, of the average per-pupil expenditure in the

United States.

‘‘(2) SPECIAL RULE.—The number of neglected or delinquent

children and youth determined under paragraph (1) shall— ‘‘(A) be determined by the State agency by a deadline

set by the Secretary, except that no State agency shall be required to determine the number of such children and youth

on a specific date set by the Secretary; and ‘‘(B) be adjusted, as the Secretary determines is appropriate, to reflect the relative length of such agency’s annual

programs. ‘‘(b) SUBGRANTS TO STATE AGENCIES IN PUERTO RICO.— ‘‘(1) IN GENERAL.—For each fiscal year, the amount of the

subgrant which a State agency in the Commonwealth of Puerto

Rico shall be eligible to receive under this subpart shall be the

amount determined by multiplying the number of children

counted under subsection (a)(1)(A) for the Commonwealth of

Puerto Rico by the product of—

‘‘(A) the percentage which the average per-pupil expenditure in the Commonwealth of Puerto Rico is of the

lowest average per-pupil expenditure of any of the 50

States; and

‘‘(B) 32 percent of the average per-pupil expenditure in

the United States.

‘‘(2) MINIMUM PERCENTAGE.—The percentage in paragraph

(1)(A) shall not be less than—

‘‘(A) for fiscal year 2002, 77.5 percent;

‘‘(B) for fiscal year 2003, 80.0 percent;

‘‘(C) for fiscal year 2004, 82.5 percent; and

‘‘(D) for fiscal year 2005 and succeeding fiscal years,

85.0 percent.

‘‘(3) LIMITATION.—If the application of paragraph (2) would

result in any of the 50 States or the District of Columbia receiving less under this subpart than it received under this subpart

for the preceding fiscal year, then the percentage described in

paragraph (1)(A) that is used for the Commonwealth of Puerto

Rico for the fiscal year for which the determination is made

shall be the greater of—

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‘‘(A) the percentage in paragraph (1)(A) for such fiscal

year; or

‘‘(B) the percentage used for the preceding fiscal year.

‘‘(c) RATABLE REDUCTIONS IN CASE OF INSUFFICIENT APPROPRIATIONS.—If the amount appropriated for any fiscal year for subgrants under subsections (a) and (b) is insufficient to pay the full

amount for which all State agencies are eligible under such subsections, the Secretary shall ratably reduce each such amount.

‘‘SEC. 1413. STATE REALLOCATION OF FUNDS.

‘‘If a State educational agency determines that a State agency

does not need the full amount of the subgrant for which such State

agency is eligible under this subpart for any fiscal year, the State

educational agency may reallocate the amount that will not be needed to other eligible State agencies that need additional funds to

carry out the purpose of this part, in such amounts as the State educational agency shall determine.

‘‘SEC. 1414. STATE PLAN AND STATE AGENCY APPLICATIONS.

‘‘(a) STATE PLAN.—

‘‘(1) IN GENERAL.—Each State educational agency that desires to receive a grant under this subpart shall submit, for approval by the Secretary, a plan—

‘‘(A) for meeting the educational needs of neglected, delinquent, and at-risk children and youth;

‘‘(B) for assisting in the transition of children and

youth from correctional facilities to locally operated programs; and

‘‘(C) that is integrated with other programs under this

Act or other Acts, as appropriate.

‘‘(2) CONTENTS.—Each such State plan shall—

‘‘(A) describe the program goals, objectives, and performance measures established by the State that will be

used to assess the effectiveness of the program in improving

the academic, vocational, and technical skills of children in

the program;

‘‘(B) provide that, to the extent feasible, such children

will have the same opportunities to achieve as such children would have if such children were in the schools of

local educational agencies in the State; and

‘‘(C) contain an assurance that the State educational

agency will—

‘‘(i) ensure that programs assisted under this subpart will be carried out in accordance with the State

plan described in this subsection;

‘‘(ii) carry out the evaluation requirements of section 1431;

‘‘(iii) ensure that the State agencies receiving subgrants under this subpart comply with all applicable

statutory and regulatory requirements; and

‘‘(iv) provide such other information as the Secretary may reasonably require.

‘‘(3) DURATION OF THE PLAN.—Each such State plan shall—

‘‘(A) remain in effect for the duration of the State’s participation under this part; and

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‘‘(B) be periodically reviewed and revised by the State,

as necessary, to reflect changes in the State’s strategies and

programs under this part. ‘‘(b) SECRETARIAL APPROVAL AND PEER REVIEW.— ‘‘(1) SECRETARIAL APPROVAL.—The Secretary shall approve

each State plan that meets the requirements of this subpart. ‘‘(2) PEER REVIEW.—The Secretary may review any State

plan with the assistance and advice of individuals with relevant expertise.

‘‘(c) STATE AGENCY APPLICATIONS.—Any State agency that desires to receive funds to carry out a program under this subpart

shall submit an application to the State educational agency that— ‘‘(1) describes the procedures to be used, consistent with the

State plan under section 1111, to assess the educational needs

of the children to be served under this subpart; ‘‘(2) provide an assurance that in making services available

to children and youth in adult correctional institutions, priority

will be given to such children and youth who are likely to complete incarceration within a 2-year period; ‘‘(3) describes the program, including a budget for the first

year of the program, with annual updates to be provided to the

State educational agency; ‘‘(4) describes how the program will meet the goals and objectives of the State plan; ‘‘(5) describes how the State agency will consult with experts and provide the necessary training for appropriate staff,

to ensure that the planning and operation of institution-wide

projects under section 1416 are of high quality; ‘‘(6) describes how the State agency will carry out the evaluation requirements of section 9601 and how the results of the

most recent evaluation will be used to plan and improve the

program; ‘‘(7) includes data showing that the State agency has maintained the fiscal effort required of a local educational agency,

in accordance with section 9521;

‘‘(8) describes how the programs will be coordinated with

other appropriate State and Federal programs, such as programs under title I of Public Law 105–220, vocational and technical education programs, State and local dropout prevention

programs, and special education programs;

‘‘(9) describes how the State agency will encourage correctional facilities receiving funds under this subpart to coordinate

with local educational agencies or alternative education programs attended by incarcerated children and youth prior to

their incarceration to ensure that student assessments and appropriate academic records are shared jointly between the correctional facility and the local educational agency or alternative

education program;

‘‘(10) describes how appropriate professional development

will be provided to teachers and other staff;

‘‘(11) designates an individual in each affected correctional

facility or institution for neglected or delinquent children and

youth to be responsible for issues relating to the transition of

children and youth from such facility or institution to locally

operated programs;

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‘‘(12) describes how the State agency will endeavor to coordinate with businesses for training and mentoring for participating children and youth;

‘‘(13) provides an assurance that the State agency will assist in locating alternative programs through which students

can continue their education if the students are not returning

to school after leaving the correctional facility or institution for

neglected or delinquent children and youth;

‘‘(14) provides assurances that the State agency will work

with parents to secure parents’ assistance in improving the educational achievement of their children and youth, and preventing their children’s and youth’s further involvement in delinquent activities;

‘‘(15) provides an assurance that the State agency will work

with children and youth with disabilities in order to meet an

existing individualized education program and an assurance

that the agency will notify the child’s or youth’s local school if

the child or youth—

‘‘(A) is identified as in need of special education services while the child or youth is in the correctional facility

or institution for neglected or delinquent children and

youth; and

‘‘(B) intends to return to the local school;

‘‘(16) provides an assurance that the State agency will work

with children and youth who dropped out of school before entering the correctional facility or institution for neglected or delinquent children and youth to encourage the children and youth

to reenter school once the term of the incarceration is completed

or provide the child or youth with the skills necessary to gain

employment, continue the education of the child or youth, or

achieve a secondary school diploma or its recognized equivalent

if the child or youth does not intend to return to school;

‘‘(17) provides an assurance that teachers and other qualified staff are trained to work with children and youth with disabilities and other students with special needs taking into consideration the unique needs of such students;

‘‘(18) describes any additional services to be provided to

children and youth, such as career counseling, distance learning, and assistance in securing student loans and grants; and

‘‘(19) provides an assurance that the program under this

subpart will be coordinated with any programs operated under

the Juvenile Justice and Delinquency Prevention Act of 1974

(42 U.S.C. 5601 et seq.) or other comparable programs, if applicable.

‘‘SEC. 1415. USE OF FUNDS.

‘‘(a) USES.—

‘‘(1) IN GENERAL.—A State agency shall use funds received

under this subpart only for programs and projects that—

‘‘(A) are consistent with the State plan under section

1414(a); and

‘‘(B) concentrate on providing participants with the

knowledge and skills needed to make a successful transition to secondary school completion, vocational or technical

training, further education, or employment.

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‘‘(2) PROGRAMS AND PROJECTS.—Such programs and

projects—

‘‘(A) may include the acquisition of equipment;

‘‘(B) shall be designed to support educational services

that—

‘‘(i) except for institution-wide projects under section 1416, are provided to children and youth identified by the State agency as failing, or most at-risk of

failing, to meet the State’s challenging academic content standards and student academic achievement

standards;

‘‘(ii) supplement and improve the quality of the

educational services provided to such children and

youth by the State agency; and

‘‘(iii) afford such children and youth an opportunity to meet challenging State academic achievement

standards;

‘‘(C) shall be carried out in a manner consistent with

section 1120A and part I (as applied to programs and

projects under this part); and

‘‘(D) may include the costs of meeting the evaluation requirements of section 9601.

‘‘(b) SUPPLEMENT, NOT SUPPLANT.—A program under this subpart that supplements the number of hours of instruction students

receive from State and local sources shall be considered to comply

with the supplement, not supplant requirement of section 1120A (as

applied to this part) without regard to the subject areas in which

instruction is given during those hours.

‘‘SEC. 1416. INSTITUTION-WIDE PROJECTS.

‘‘A State agency that provides free public education for children

and youth in an institution for neglected or delinquent children and

youth (other than an adult correctional institution) or attending a

community-day program for such children and youth may use funds

received under this subpart to serve all children in, and upgrade the

entire educational effort of, that institution or program if the State

agency has developed, and the State educational agency has approved, a comprehensive plan for that institution or program that—

‘‘(1) provides for a comprehensive assessment of the educational needs of all children and youth in the institution or

program serving juveniles;

‘‘(2) provides for a comprehensive assessment of the educational needs of youth aged 20 and younger in adult facilities

who are expected to complete incarceration within a 2-year period;

‘‘(3) describes the steps the State agency has taken, or will

take, to provide all children and youth under age 21 with the

opportunity to meet challenging State academic content standards and student academic achievement standards in order to

improve the likelihood that the children and youth will complete secondary school, attain a secondary diploma or its recognized equivalent, or find employment after leaving the institution;

‘‘(4) describes the instructional program, pupil services, and

procedures that will be used to meet the needs described in

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paragraph (1), including, to the extent feasible, the provision of

mentors for the children and youth described in paragraph (1);

‘‘(5) specifically describes how such funds will be used;

‘‘(6) describes the measures and procedures that will be

used to assess student progress;

‘‘(7) describes how the agency has planned, and will implement and evaluate, the institution-wide or program-wide project

in consultation with personnel providing direct instructional

services and support services in institutions or community-day

programs for neglected or delinquent children and youth, and

with personnel from the State educational agency; and

‘‘(8) includes an assurance that the State agency has provided for appropriate training for teachers and other instructional and administrative personnel to enable such teachers

and personnel to carry out the project effectively.

‘‘SEC. 1417. THREE-YEAR PROGRAMS OR PROJECTS.

‘‘If a State agency operates a program or project under this subpart in which individual children or youth are likely to participate

for more than 1 year, the State educational agency may approve the

State agency’s application for a subgrant under this subpart for a

period of not more than 3 years.

‘‘SEC. 1418. TRANSITION SERVICES.

‘‘(a) TRANSITION SERVICES.—Each State agency shall reserve

not less than 15 percent and not more than 30 percent of the

amount such agency receives under this subpart for any fiscal year

to support—

‘‘(1) projects that facilitate the transition of children and

youth from State-operated institutions to schools served by local

educational agencies; or

‘‘(2) the successful reentry of youth offenders, who are age

20 or younger and have received a secondary school diploma or

its recognized equivalent, into postsecondary education, or vocational and technical training programs, through strategies designed to expose the youth to, and prepare the youth for, postsecondary education, or vocational and technical training programs, such as—

‘‘(A) preplacement programs that allow adjudicated or

incarcerated youth to audit or attend courses on college,

university, or community college campuses, or through programs provided in institutional settings;

‘‘(B) worksite schools, in which institutions of higher

education and private or public employers partner to create

programs to help students make a successful transition to

postsecondary education and employment; and

‘‘(C) essential support services to ensure the success of

the youth, such as—

‘‘(i) personal, vocational and technical, and academic, counseling;

‘‘(ii) placement services designed to place the youth

in a university, college, or junior college program;

‘‘(iii) information concerning, and assistance in obtaining, available student financial aid;

‘‘(iv) counseling services; and

‘‘(v) job placement services.

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‘‘(b) CONDUCT OF PROJECTS.—A project supported under this

section may be conducted directly by the State agency, or through

a contract or other arrangement with one or more local educational

agencies, other public agencies, or private nonprofit organizations.

‘‘(c) RULE OF CONSTRUCTION.—Nothing in this section shall be

construed to prohibit a school that receives funds under subsection

(a) from serving neglected and delinquent children and youth simultaneously with students with similar educational needs, in the same

educational settings where appropriate.

‘‘SEC. 1419. EVALUATION; TECHNICAL ASSISTANCE; ANNUAL MODEL

PROGRAM.

‘‘The Secretary may reserve not more than 2.5 percent of the

amount made available to carry out this subpart for a fiscal year— ‘‘(1) to develop a uniform model to evaluate the effectiveness

of programs assisted under this subpart; and ‘‘(2) to provide technical assistance to and support the capacity building of State agency programs assisted under this

subpart.

‘‘Subpart 2—Local Agency Programs

‘‘SEC. 1421. PURPOSE.

‘‘The purpose of this subpart is to support the operation of local

educational agency programs that involve collaboration with locally

operated correctional facilities—

‘‘(1) to carry out high quality education programs to prepare children and youth for secondary school completion, training, employment, or further education;

‘‘(2) to provide activities to facilitate the transition of such

children and youth from the correctional program to further

education or employment; and

‘‘(3) to operate programs in local schools for children and

youth returning from correctional facilities, and programs

which may serve at-risk children and youth.

‘‘SEC. 1422. PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES.

‘‘(a) LOCAL SUBGRANTS.—With funds made available under section 1402(b), the State educational agency shall award subgrants to

local educational agencies with high numbers or percentages of children and youth residing in locally operated (including county operated) correctional facilities for children and youth (including facilities involved in community day programs).

‘‘(b) SPECIAL RULE.—A local educational agency that serves a

school operated by a correctional facility is not required to operate

a program of support for children and youth returning from such

school to a school that is not operated by a correctional agency but

served by such local educational agency, if more than 30 percent of

the children and youth attending the school operated by the correctional facility will reside outside the boundaries served by the local

educational agency after leaving such facility.

‘‘(c) NOTIFICATION.—A State educational agency shall notify

local educational agencies within the State of the eligibility of such

agencies to receive a subgrant under this subpart.

‘‘(d) TRANSITIONAL AND ACADEMIC SERVICES.—Transitional and

supportive programs operated in local educational agencies under

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this subpart shall be designed primarily to meet the transitional

and academic needs of students returning to local educational agencies or alternative education programs from correctional facilities.

Services to students at-risk of dropping out of school shall not have

a negative impact on meeting the transitional and academic needs

of the students returning from correctional facilities.

‘‘SEC. 1423. LOCAL EDUCATIONAL AGENCY APPLICATIONS.

‘‘Each local educational agency desiring assistance under this

subpart shall submit an application to the State educational agency

that contains such information as the State educational agency may

require. Each such application shall include—

‘‘(1) a description of the program to be assisted;

‘‘(2) a description of formal agreements, regarding the program to be assisted, between—

‘‘(A) the local educational agency; and

‘‘(B) correctional facilities and alternative school programs serving children and youth involved with the juvenile justice system;

‘‘(3) as appropriate, a description of how participating

schools will coordinate with facilities working with delinquent

children and youth to ensure that such children and youth are

participating in an education program comparable to one operating in the local school such youth would attend;

‘‘(4) a description of the program operated by participating

schools for children and youth returning from correctional facilities and, as appropriate, the types of services that such

schools will provide such children and youth and other at-risk

children and youth;

‘‘(5) a description of the characteristics (including learning

difficulties, substance abuse problems, and other special needs)

of the children and youth who will be returning from correctional facilities and, as appropriate, other at-risk children and

youth expected to be served by the program, and a description

of how the school will coordinate existing educational programs

to meet the unique educational needs of such children and

youth;

‘‘(6) as appropriate, a description of how schools will coordinate with existing social, health, and other services to meet

the needs of students returning from correctional facilities, atrisk children or youth, and other participating children or

youth, including prenatal health care and nutrition services related to the health of the parent and the child or youth, parenting and child development classes, child care, targeted reentry and outreach programs, referrals to community resources,

and scheduling flexibility;

‘‘(7) as appropriate, a description of any partnerships with

local businesses to develop training, curriculum-based youth entrepreneurship education, and mentoring services for participating students;

‘‘(8) as appropriate, a description of how the program will

involve parents in efforts to improve the educational achievement of their children, assist in dropout prevention activities,

and prevent the involvement of their children in delinquent activities;

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‘‘(9) a description of how the program under this subpart

will be coordinated with other Federal, State, and local programs, such as programs under title I of Public Law 105–220

and vocational and technical education programs serving atrisk children and youth;

‘‘(10) a description of how the program will be coordinated

with programs operated under the Juvenile Justice and Delinquency Prevention Act of 1974 and other comparable programs,

if applicable;

‘‘(11) as appropriate, a description of how schools will work

with probation officers to assist in meeting the needs of children

and youth returning from correctional facilities;

‘‘(12) a description of the efforts participating schools will

make to ensure correctional facilities working with children and

youth are aware of a child’s or youth’s existing individualized

education program; and

‘‘(13) as appropriate, a description of the steps participating

schools will take to find alternative placements for children and

youth interested in continuing their education but unable to

participate in a regular public school program.

‘‘SEC. 1424. USES OF FUNDS.

‘‘Funds provided to local educational agencies under this subpart may be used, as appropriate, for—

‘‘(1) programs that serve children and youth returning to

local schools from correctional facilities, to assist in the transition of such children and youth to the school environment and

help them remain in school in order to complete their education;

‘‘(2) dropout prevention programs which serve at-risk children and youth, including pregnant and parenting teens, children and youth who have come in contact with the juvenile justice system, children and youth at least 1 year behind their expected grade level, migrant youth, immigrant youth, students

with limited English proficiency, and gang members;

‘‘(3) the coordination of health and social services for such

individuals if there is a likelihood that the provision of such

services, including day care, drug and alcohol counseling, and

mental health services, will improve the likelihood such individuals will complete their education;

‘‘(4) special programs to meet the unique academic needs of

participating children and youth, including vocational and

technical education, special education, career counseling, curriculum-based youth entrepreneurship education, and assistance in securing student loans or grants for postsecondary education; and

‘‘(5) programs providing mentoring and peer mediation.

‘‘SEC. 1425. PROGRAM REQUIREMENTS FOR CORRECTIONAL FACILITIES RECEIVING FUNDS UNDER THIS SECTION.

‘‘Each correctional facility entering into an agreement with a

local educational agency under section 1423(2) to provide services to

children and youth under this subpart shall—

‘‘(1) where feasible, ensure that educational programs in the

correctional facility are coordinated with the student’s home

school, particularly with respect to a student with an individVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00173 Fmt 6659 Sfmt 6603 E:\HR\OC\A334HR.060 pfrm07 PsN: A334HR
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ualized education program under part B of the Individuals

with Disabilities Education Act;

‘‘(2) if the child or youth is identified as in need of special

education services while in the correctional facility, notify the

local school of the child or youth of such need;

‘‘(3) where feasible, provide transition assistance to help the

child or youth stay in school, including coordination of services

for the family, counseling, assistance in accessing drug and alcohol abuse prevention programs, tutoring, and family counseling;

‘‘(4) provide support programs that encourage children and

youth who have dropped out of school to reenter school once

their term at the correctional facility has been completed, or

provide such children and youth with the skills necessary to

gain employment or seek a secondary school diploma or its recognized equivalent;

‘‘(5) work to ensure that the correctional facility is staffed

with teachers and other qualified staff who are trained to work

with children and youth with disabilities taking into consideration the unique needs of such children and youth;

‘‘(6) ensure that educational programs in the correctional

facility are related to assisting students to meet high academic

achievement standards;

‘‘(7) to the extent possible, use technology to assist in coordinating educational programs between the correctional facility

and the community school;

‘‘(8) where feasible, involve parents in efforts to improve the

educational achievement of their children and prevent the further involvement of such children in delinquent activities;

‘‘(9) coordinate funds received under this subpart with

other local, State, and Federal funds available to provide services to participating children and youth, such as funds made

available under title I of Public Law 105–220, and vocational

and technical education funds;

‘‘(10) coordinate programs operated under this subpart with

activities funded under the Juvenile Justice and Delinquency

Prevention Act of 1974 and other comparable programs, if applicable; and

‘‘(11) if appropriate, work with local businesses to develop

training, curriculum-based youth entrepreneurship education,

and mentoring programs for children and youth.

‘‘SEC. 1426. ACCOUNTABILITY.

‘‘The State educational agency may—

‘‘(1) reduce or terminate funding for projects under this

subpart if a local educational agency does not show progress in

reducing dropout rates for male students and for female students over a 3-year period; and

‘‘(2) require correctional facilities or institutions for neglected or delinquent children and youth to demonstrate, after

receiving assistance under this subpart for 3 years, that there

has been an increase in the number of children and youth returning to school, obtaining a secondary school diploma or its

recognized equivalent, or obtaining employment after such children and youth are released.

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‘‘Subpart 3—General Provisions

‘‘SEC. 1431. PROGRAM EVALUATIONS.

‘‘(a) SCOPE OF EVALUATION.—Each State agency or local educational agency that conducts a program under subpart 1 or 2 shall

evaluate the program, disaggregating data on participation by gender, race, ethnicity, and age, not less than once every 3 years, to determine the program’s impact on the ability of participants— ‘‘(1) to maintain and improve educational achievement;

‘‘(2) to accrue school credits that meet State requirements

for grade promotion and secondary school graduation; ‘‘(3) to make the transition to a regular program or other

education program operated by a local educational agency;

‘‘(4) to complete secondary school (or secondary school

equivalency requirements) and obtain employment after leaving

the correctional facility or institution for neglected or delinquent

children and youth; and

‘‘(5) as appropriate, to participate in postsecondary education and job training programs.

‘‘(b) EXCEPTION.—The disaggregation required under subsection

(a) shall not be required in a case in which the number of students

in a category is insufficient to yield statistically reliable information

or the results would reveal personally identifiable information about

an individual student.

‘‘(c) EVALUATION MEASURES.—In conducting each evaluation

under subsection (a), a State agency or local educational agency

shall use multiple and appropriate measures of student progress.

‘‘(d) EVALUATION RESULTS.—Each State agency and local educational agency shall—

‘‘(1) submit evaluation results to the State educational

agency and the Secretary; and

‘‘(2) use the results of evaluations under this section to plan

and improve subsequent programs for participating children

and youth.

‘‘SEC. 1432. DEFINITIONS.

‘‘In this part:

‘‘(1) ADULT CORRECTIONAL INSTITUTION.—The term ‘adult

correctional institution’ means a facility in which persons (including persons under 21 years of age) are confined as a result

of a conviction for a criminal offense.

‘‘(2) AT-RISK.—The term ‘at-risk’, when used with respect to

a child, youth, or student, means a school aged individual who

is at-risk of academic failure, has a drug or alcohol problem,

is pregnant or is a parent, has come into contact with the juvenile justice system in the past, is at least 1 year behind the expected grade level for the age of the individual, has limited

English proficiency, is a gang member, has dropped out of

school in the past, or has a high absenteeism rate at school.

‘‘(3) COMMUNITY DAY PROGRAM.—The term ‘community day

program’ means a regular program of instruction provided by

a State agency at a community day school operated specifically

for neglected or delinquent children and youth.

‘‘(4) INSTITUTION FOR NEGLECTED OR DELINQUENT CHILDREN AND YOUTH.—The term ‘institution for neglected or delinquent children and youth’ means—

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‘‘(A) a public or private residential facility, other than

a foster home, that is operated for the care of children who

have been committed to the institution or voluntarily placed

in the institution under applicable State law, due to abandonment, neglect, or death of their parents or guardians; or

‘‘(B) a public or private residential facility for the care

of children who have been adjudicated to be delinquent or

in need of supervision.

‘‘PART E—NATIONAL ASSESSMENT OF TITLE I

‘‘SEC. 1501. EVALUATIONS.

‘‘(a) NATIONAL ASSESSMENT OF TITLE I.—

‘‘(1) IN GENERAL.—The Secretary shall conduct a national

assessment of the programs assisted under this title and the impact of this title on States, local educational agencies, schools,

and students.

‘‘(2) ISSUES TO BE EXAMINED.—In conducting the assessment under this subsection, the Secretary shall examine, at a

minimum, the following:

‘‘(A) The implementation of programs assisted under

this title and the impact of such implementation on increasing student academic achievement (particularly in

schools with high concentrations of children living in poverty), relative to the goal of all students reaching the proficient level of achievement based on State academic assessments, challenging State academic content standards, and

challenging State student academic achievement standards

under section 1111.

‘‘(B) The types of programs and services that have demonstrated the greatest likelihood of helping students reach

the proficient and advanced levels of achievement based on

State student academic achievement standards and State

academic content standards.

‘‘(C) The implementation of State academic standards,

assessments, and accountability systems developed under

this title, including—

‘‘(i) the time and cost required for the development

of academic assessments for students in grades 3

through 8;

‘‘(ii) how well such State assessments meet the requirements for assessments described in this title; and

‘‘(iii) the impact of such standards, assessments,

and accountability systems on educational programs

and instruction at the local level.

‘‘(D) Each State’s definition of adequate yearly

progress, including—

‘‘(i) the impact of applying this definition to

schools, local educational agencies, and the States;

‘‘(ii) the number of schools and local educational

agencies not meeting this definition; and

‘‘(iii) the changes in the identification of schools in

need of improvement as a result of such definition.

‘‘(E) How schools, local educational agencies, and

States have—

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‘‘(i) publicized and disseminated the local educational agency report cards required under section

1111(b) to teachers, school staff, students, parents, and

the community; ‘‘(ii) used funds made available under this title to

provide preschool and family literacy services and the

impact of these services on students’ school readiness; ‘‘(iii) implemented the provisions of section 1118

and afforded parents meaningful opportunities to be

involved in the education of their children; ‘‘(iv) used Federal, State, and local educational

agency funds and resources to support schools and provide technical assistance to improve the achievement of

students in low-performing schools, including the impact of the technical assistance on such achievement;

and ‘‘(v) used State educational agency and local educational agency funds and resources to help schools in

which 50 percent or more of the students are from families with incomes below the poverty line meet the requirement described in section 1119 of having all

teachers highly qualified not later than the end of the

2005–2006 school year ‘‘(F) The implementation of schoolwide programs and

targeted assistance programs under this title and the impact of such programs on improving student academic

achievement, including the extent to which schools meet the

requirements of such programs. ‘‘(G) The extent to which varying models of comprehensive school reform are funded and implemented under this

title, and the effect of the implementation of such models on

improving achievement of disadvantaged students. ‘‘(H) The costs as compared to the benefits of the activities assisted under this title.

‘‘(I) The extent to which actions authorized under section 1116 are implemented by State educational agencies

and local educational agencies to improve the academic

achievement of students in low-performing schools, and the

effectiveness of the implementation of such actions, including the following:

‘‘(i) The number of schools identified for school improvement and how many years the schools remain in

this status.

‘‘(ii) The types of support provided by the State

educational agencies and local educational agencies to

schools and local educational agencies respectively

identified as in need of improvement, and the impact

of such support on student achievement.

‘‘(iii) The number of parents who take advantage of

the public school choice provisions of this title, the costs

(including transportation costs) associated with implementing these provisions, the implementation of these

provisions, and the impact of these provisions (including the impact of attending another school) on student

achievement.

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‘‘(iv) The number of parents who choose to take advantage of the supplemental services option, the criteria

used by the States to determine the quality of providers, the kinds of services that are available and utilized, the costs associated with implementing this option, and the impact of receiving supplemental services

on student achievement.

‘‘(v) The implementation and impact of actions

that are taken with regard to schools and local educational agencies identified for corrective action and restructuring.

‘‘(J) The extent to which State and local fiscal accounting requirements under this title affect the flexibility of

schoolwide programs.

‘‘(K) The implementation and impact of the professional development activities assisted under this title and

title II on instruction, student academic achievement, and

teacher qualifications.

‘‘(L) The extent to which the assistance made available

under this title, including funds under section 1002, is targeted to disadvantaged students, schools, and local educational agencies with the greatest need.

‘‘(M) The effectiveness of Federal administration assistance made available under this title, including monitoring

and technical assistance.

‘‘(N) The academic achievement of the groups of students described in section 1111(b)(2)(C)(v)(II).

‘‘(O) Such other issues as the Secretary considers appropriate.

‘‘(3) SOURCES OF INFORMATION.—In conducting the assessment under this subsection, the Secretary shall use information

from a variety of sources, including the National Assessment of

Educational Progress (carried out under section 411 of the National Education Statistics Act of 1994), State evaluations, and

other research studies.

‘‘(4) COORDINATION.—In carrying out this subsection, the

Secretary shall—

‘‘(A) coordinate the national assessment under this subsection with the longitudinal study described in subsection

(c); and

‘‘(B) ensure that the independent review panel described in subsection (d) participates in conducting the national assessment under this subsection, including planning for and reviewing the assessment.

‘‘(5) DEVELOPMENTALLY APPROPRIATE MEASURES.—In conducting the national assessment under this subsection, the Secretary shall use developmentally appropriate measures to assess

student academic achievement.

‘‘(6) REPORTS.—

‘‘(A) INTERIM REPORT.—Not later than 3 years after the

date of enactment of the No Child Left Behind Act of 2001,

the Secretary shall transmit to the President, the Committee on Education and the Workforce of the House of Representatives, and the Committee on Health, Education,

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Labor, and Pensions of the Senate an interim report on the

national assessment conducted under this subsection. ‘‘(B) FINAL REPORT.—Not later than 5 years after the

date of enactment of the No Child Left Behind Act of 2001,

the Secretary shall transmit to the President, the Committee on Education and the Workforce of the House of Representatives, and the Committee on Health, Education,

Labor, and Pensions of the Senate a final report on the national assessment conducted under this subsection. ‘‘(b) STUDIES AND DATA COLLECTION.— ‘‘(1) IN GENERAL.—In addition to other activities described

in this section, the Secretary may, directly or through awarding

grants to or entering into contracts with appropriate entities— ‘‘(A) assess the implementation and effectiveness of programs under this title; ‘‘(B) collect the data necessary to comply with the Government Performance and Results Act of 1993; and ‘‘(C) provide guidance and technical assistance to State

educational agencies and local educational agencies in developing and maintaining management information systems through which such agencies may develop program

performance indicators to improve services and performance.

‘‘(2) MINIMUM INFORMATION.—In carrying out this subsection, the Secretary shall collect, at a minimum, trend information on the effect of each program authorized under this title,

which shall complement the data collected and reported under

subsections (a) and (c).

‘‘(c) NATIONAL LONGITUDINAL STUDY.— ‘‘(1) IN GENERAL.—The Secretary shall conduct a longitudinal study of schools receiving assistance under part A. ‘‘(2) ISSUES TO BE EXAMINED.—In carrying out this subsection, the Secretary shall ensure that the study referred to in

paragraph (1) provides Congress and educators with each of the

following:‘‘(A) An accurate description and analysis of the shortand long-term effect of the assistance made available under

this title on academic achievement. ‘‘(B) Information that can be used to improve the effectiveness of the assistance made available under this title in

enabling students to meet challenging academic achievement standards. ‘‘(C) An analysis of educational practices or model programs that are effective in improving the achievement of

disadvantaged children. ‘‘(D) An analysis of the costs as compared to the benefits of the assistance made available under this title in improving the achievement of disadvantaged children. ‘‘(E) An analysis of the effects of the availability of

school choice options under section 1116 on the academic

achievement of disadvantaged students, on schools in

school improvement, and on schools from which students

have transferred under such options.

‘‘(F) Such other information as the Secretary considers

appropriate.

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‘‘(3) SCOPE.—In conducting the study referred to in paragraph (1), the Secretary shall ensure that the study— ‘‘(A) bases its analysis on a nationally representative

sample of schools participating in programs under this

title;‘‘(B) to the extent practicable, includes in its analysis

students who transfer to different schools during the course

of the study; and ‘‘(C) analyzes varying models or strategies for delivering school services, including— ‘‘(i) schoolwide and targeted services; and

‘‘(ii) comprehensive school reform models. ‘‘(d) INDEPENDENT REVIEW PANEL.— ‘‘(1) IN GENERAL.—The Secretary shall establish an independent review panel (in this subsection referred to as the ‘Review Panel’) to advise the Secretary on methodological and

other issues that arise in carrying out subsections (a) and (c). ‘‘(2) APPOINTMENT OF MEMBERS.— ‘‘(A) IN GENERAL.—Subject to subparagraph (B), the

Secretary shall appoint members of the Review Panel from

among qualified individuals who are— ‘‘(i) specialists in statistics, evaluation, research,

and assessment; ‘‘(ii) education practitioners, including teachers,

principals, and local and State superintendents; ‘‘(iii) parents and members of local school boards

or other organizations involved with the implementation and operation of programs under this title; and ‘‘(iv) other individuals with technical expertise who

will contribute to the overall rigor and quality of the

program evaluation.

‘‘(B) LIMITATIONS.—In appointing members of the Review Panel, the Secretary shall ensure that— ‘‘(i) in order to ensure diversity, the Review Panel

includes individuals appointed under subparagraph

(A)(i) who represent disciplines or programs outside the

field of education; and ‘‘(ii) the total number of the individuals appointed

under subparagraph (A)(ii) or (A)(iv) does not exceed 1⁄4

of the total number of the individuals appointed under

this paragraph.

‘‘(3) FUNCTIONS.—The Review Panel shall consult with and

advise the Secretary—

‘‘(A) to ensure that the assessment conducted under

subsection (a) and the study conducted under subsection

(c)—

‘‘(i) adhere to the highest possible standards of

quality with respect to research design, statistical analysis, and the dissemination of findings; and ‘‘(ii) use valid and reliable measures to document

program implementation and impacts; and

‘‘(B) to ensure— ‘‘(i) that the final report described in subsection

(a)(6)(B) is reviewed not later than 120 days after its

completion by not less than 2 independent experts in

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program evaluation (who may be from among the

members of the Review Panel appointed under paragraph (2));

‘‘(ii) that such experts evaluate and comment on

the degree to which the report complies with subsection

(a); and

‘‘(iii) that the comments of such experts are transmitted with the report under subsection (a)(6)(B).

‘‘SEC. 1502. DEMONSTRATIONS OF INNOVATIVE PRACTICES.

‘‘(a) IN GENERAL.—From the funds appropriated for any fiscal

year under section 1002(e)(1), the Secretary may award grants to

State educational agencies, local educational agencies, other public

agencies, nonprofit organizations, public or private partnerships involving business and industry organizations, and consortia of such

entities to carry out demonstration projects that show the most

promise of enabling children served under this title to meet challenging State academic content standards and challenging State

student academic achievement standards.

‘‘(b) EVALUATION.—The Secretary shall evaluate the demonstration projects supported under this title, using rigorous methodological designs and techniques, including control groups and random assignment, to the extent feasible, to produce reliable evidence

of effectiveness.

‘‘(c) PARTNERSHIPS.—From funds appropriated under section

1002(e)(1) for any fiscal year, the Secretary may, directly or through

grants or contracts, work in partnership with State educational

agencies, local educational agencies, other public agencies, and nonprofit organizations to disseminate and use the highest quality research and knowledge about effective practices to improve the quality of teaching and learning in schools assisted under this title.

‘‘SEC. 1503. ASSESSMENT EVALUATION.

‘‘(a) IN GENERAL.—The Secretary shall conduct an independent

study of assessments used for State accountability purposes and for

making decisions about the promotion and graduation of students.

Such research shall be conducted over a period not to exceed 5 years

and shall address the components described in subsection (d).

‘‘(b) CONTRACT AUTHORIZED.—The Secretary is authorized to

award a contract, through a peer review process, to an organization

or entity capable of conducting rigorous, independent research. The

Assistant Secretary of Educational Research and Improvement shall

appoint peer reviewers to evaluate the applications for this contract.

‘‘(c) STUDY.—The study shall—

‘‘(1) synthesize and analyze existing research that meets

standards of quality and scientific rigor; and

‘‘(2) evaluate academic assessment and accountability systems in State educational agencies, local educational agencies,

and schools; and

‘‘(3) make recommendations to the Department and to the

Committee on Education and the Workforce of the United States

House of Representatives and the Committee on Health, Education, Labor, and Pensions of the United States Senate, based

on the findings of the study.

‘‘(d) COMPONENTS OF THE RESEARCH PROGRAM.—The study described in subsection (a) shall examine—

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‘‘(1) the effect of the assessment and accountability systems

described in section (c) on students, teachers, parents, families,

schools, school districts, and States, including correlations between such systems and—

‘‘(A) student academic achievement, progress to the

State-defined level of proficiency, and progress toward closing achievement gaps, based on independent measures;

‘‘(B) changes in course offerings, teaching practices,

course content, and instructional material;

‘‘(C) changes in turnover rates among teachers, principals, and pupil-services personnel;

‘‘(D) changes in dropout, grade-retention, and graduation rates for students; and

‘‘(E) such other effects as may be appropriate;

‘‘(2) the effect of the academic assessments on students with

disabilities;

‘‘(3) the effect of the academic assessments on low, middle,

and high socioeconomic status students, limited and nonlimited

English proficient students, racial and ethnic minority students, and nonracial or nonethnic minority students;

‘‘(4) guidelines for assessing the validity, reliability, and

consistency of those systems using nationally recognized professional and technical standards; and

‘‘(5) the relationship between accountability systems and the

inclusion or exclusion of students from the assessment system;

and

‘‘(6) such other factors as the Secretary finds appropriate.

‘‘(e) REPORTING.—Not later than 3 years after the contract described in section (b) is awarded, the organization or entity conducting the study shall submit an interim report to the Committee

on Education and the Workforce of the United States House of Representatives and the Committee on Health, Education, Labor and

Pensions of the United States Senate, Congress, and to the President

and the States, and shall make the report widely available to the

public. The organization or entity shall submit a final report to the

same recipients as soon as possible after the completion of the study.

Additional reports may be periodically prepared and released as

necessary.

‘‘(f) RESERVATION OF FUNDS.—The Secretary may reserve up to

15 percent of the funds authorized to be appropriated for this part

to carry out the study, except such reservation of funds shall not exceed $1,500,000.

‘‘SEC. 1504. CLOSE UP FELLOWSHIP PROGRAM.

‘‘(a) PROGRAM FOR MIDDLE SCHOOL AND SECONDARY SCHOOL

STUDENTS.—

‘‘(1) ESTABLISHMENT.—

‘‘(A) GENERAL AUTHORITY.—In accordance with this

subsection, the Secretary may make grants to the Close Up

Foundation of Washington, District of Columbia, a nonpartisan, nonprofit foundation, for the purpose of assisting

the Close Up Foundation in carrying out its programs of

increasing civic responsibility and understanding of the

Federal Government among middle school and secondary

school students.

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‘‘(B) USE OF FUNDS.—Grants under this subsection

shall be used only to provide financial assistance to economically disadvantaged students who participate in the

programs described in subparagraph (A).

‘‘(C) NAME OF FELLOWSHIPS.—Financial assistance received by students pursuant to this subsection shall be

known as Close Up fellowships.

‘‘(2) APPLICATIONS.—

‘‘(A) APPLICATION REQUIRED.—No grant under this subsection may be made except upon an application at such

time, in such manner, and accompanied by such information as the Secretary may reasonably require.

‘‘(B) CONTENTS OF APPLICATION.—Each application

submitted under this paragraph shall contain assurances

that—

‘‘(i) Close Up fellowships provided under this subsection shall be made to economically disadvantaged

middle school and secondary school students;

‘‘(ii) every effort shall be made to ensure the participation of students from rural, small town, and

urban areas;

‘‘(iii) in awarding the fellowships to economically

disadvantaged students, special consideration shall be

given to the participation of those students with special

educational needs, including students with disabilities,

ethnic minority students, and students with migrant

parents; and

‘‘(iv) the funds received under this subsection shall

be properly disbursed.

‘‘(b) PROGRAM FOR MIDDLE SCHOOL AND SECONDARY SCHOOL

TEACHERS.—

‘‘(1) ESTABLISHMENT.—

‘‘(A) GENERAL AUTHORITY.—In accordance with this

subsection, the Secretary may make grants to the Close Up

Foundation of Washington, District of Columbia, a nonpartisan, nonprofit foundation, for the purpose of assisting

the Close Up Foundation in carrying out its programs of

professional development for middle school and secondary

school teachers and its programs to increase civic responsibility and understanding of the Federal Government among

the teachers’ students.

‘‘(B) USE OF FUNDS.—Grants under this subsection

shall be used only to provide financial assistance to teachers who participate in the programs described in subparagraph (A).

‘‘(C) NAME OF FELLOWSHIPS.—Financial assistance received by teachers pursuant to this subsection shall be

known as Close Up fellowships.

‘‘(2) APPLICATIONS.—

‘‘(A) APPLICATION REQUIRED.—No grant under this subsection may be made except upon an application at such

time, in such manner, and accompanied by such information as the Secretary may reasonably require.

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‘‘(B) CONTENTS OF APPLICATION.—Each application

submitted under this paragraph shall contain assurances

that—

‘‘(i) Close Up fellowships provided under this subsection shall be made only to a teacher who has worked

with at least 1 student from such teacher’s school who

participates in a program described in subsection

(a)(1)(A);

‘‘(ii) no teacher shall receive more than 1 such fellowship in any fiscal year; and

‘‘(iii) the funds received under this subsection shall

be properly disbursed.

‘‘(c) PROGRAMS FOR NEW AMERICANS.—

‘‘(1) ESTABLISHMENT.—

‘‘(A) GENERAL AUTHORITY.—In accordance with this

subsection, the Secretary may make grants to the Close Up

Foundation of Washington, District of Columbia, a nonpartisan, nonprofit foundation, for the purpose of assisting

the Close Up Foundation in carrying out its programs of

increasing civic responsibility and understanding of the

Federal Government among economically disadvantaged

middle school and secondary school recent immigrant students.

‘‘(B) DEFINITION.—In this subsection, the term ‘recent

immigrant student’ means a student who is a member of a

family that immigrated to the United States within 5 years

of the student’s participation in such a program.

‘‘(C) USE OF FUNDS.—Grants under this subsection

shall be used only to provide financial assistance to economically disadvantaged recent immigrant students and

their teachers who participate in the programs described in

subparagraph (A).

‘‘(D) NAME OF FELLOWSHIPS.—Financial assistance received by students and teachers pursuant to this subsection

shall be known as Close Up Fellowships for New Americans.

‘‘(2) APPLICATIONS.—

‘‘(A) APPLICATION REQUIRED.—No grant under this subsection may be made except upon an application at such

time, in such manner, and accompanied by such information as the Secretary may reasonably require.

‘‘(B) CONTENTS OF APPLICATION.—Each application

submitted under this paragraph shall contain assurances

that—

‘‘(i) Close Up Fellowships for New Americans shall

be made to economically disadvantaged middle school

and secondary school recent immigrant students;

‘‘(ii) every effort shall be made to ensure the participation of recent immigrant students from rural,

small town, and urban areas;

‘‘(iii) in awarding the fellowships to economically

disadvantaged recent immigrant students, special consideration shall be given to the participation of those

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dents with disabilities, students with migrant parents,

and ethnic minority students;

‘‘(iv) fully describe the activities to be carried out

with the proceeds of the grant made under paragraph

(1); and

‘‘(v) the funds received under this subsection shall

be properly disbursed.

‘‘(d) GENERAL PROVISIONS.—

‘‘(1) ADMINISTRATIVE PROVISIONS.—

‘‘(A) ACCOUNTABILITY.—In consultation with the Secretary, the Close Up Foundation shall devise and implement procedures to measure the efficacy of the programs

authorized in subsections (a), (b), and (c) in attaining objectives that include the following:

‘‘(i) Providing young people with an increased understanding of the Federal Government.

‘‘(ii) Heightening a sense of civic responsibility

among young people.

‘‘(iii) Enhancing the skills of educators in teaching

young people about civic responsibility, the Federal

Government, and attaining citizenship competencies.

‘‘(B) GENERAL RULE.—Payments under this section may

be made in installments, in advance, or by way of reimbursement, with necessary adjustments on account of underpayments or overpayments.

‘‘(C) AUDIT RULE.—The Comptroller General of the

United States or any of the Comptroller General’s duly authorized representatives shall have access for the purpose of

audit and examination to any books, documents, papers,

and records that are pertinent to any grant under this section.

‘‘(2) CONTINUATION OF AWARDS.—Notwithstanding any

other provision of this Act, any person or entity that was

awarded a grant under part G of title X before the date of enactment of the No Child Left Behind Act of 2001 shall continue

to receive funds in accordance with the terms of such award

until the date on which the award period terminates under

such terms.

‘‘PART F—COMPREHENSIVE SCHOOL REFORM

‘‘SEC. 1601. PURPOSE.

‘‘The purpose of this part is to provide financial incentives for

schools to develop comprehensive school reforms, based upon scientifically based research and effective practices that include an emphasis on basic academics and parental involvement so that all

children can meet challenging State academic content and academic

achievement standards.

‘‘SEC. 1602. PROGRAM AUTHORIZATION.

‘‘(a) PROGRAM AUTHORIZED.—

‘‘(1) IN GENERAL.—The Secretary is authorized to award

grants to State educational agencies, from allotments under

paragraph (2), to enable the State educational agencies to

award subgrants to local educational agencies to carry out the

purpose described in section 1601.

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‘‘(2) ALLOTMENTS.— ‘‘(A) RESERVATIONS.—Of the amount appropriated

under section 1002(f), the Secretary may reserve— ‘‘(i) not more than 1 percent for each fiscal year to

provide assistance to schools supported by the Bureau

of Indian Affairs and in the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands according to

their respective needs for assistance under this part; ‘‘(ii) not more than 1 percent for each fiscal year to

conduct national evaluation activities described in section 1607; and ‘‘(iii) not more than 3 percent of the amount appropriated in fiscal year 2002 to carry out this part, for

quality initiatives described in section 1608.

‘‘(B) IN GENERAL.—Of the amount appropriated under

section 1002(f) that remains after making the reservation

under subparagraph (A) for a fiscal year, the Secretary

shall allot to each State for the fiscal year an amount that

bears the same ratio to the remainder for that fiscal year

as the amount made available under section 1124 to the

State for the preceding fiscal year bears to the total amount

made available under section 1124 to all States for that

year.‘‘(C) REALLOTMENT.—If a State does not apply for

funds under this section, the Secretary shall reallot such

funds to other States that do apply in proportion to the

amount allotted to such other States under subparagraph

(B).

‘‘SEC. 1603. STATE APPLICATIONS.

‘‘(a) IN GENERAL.—Each State educational agency that desires

to receive a grant under this section shall submit an application to

the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. ‘‘(b) CONTENTS.—Each such application shall describe— ‘‘(1) the process and selection criteria by which the State

educational agency, using expert review, will select local educational agencies to receive subgrants under this section; ‘‘(2) how the State educational agency will ensure that

funds under this part are limited to comprehensive school reform programs that—

‘‘(A) include each of the components described in section 1606(a);

‘‘(B) have the capacity to improve the academic achievement of all students in core academic subjects within participating schools; and

‘‘(C) are supported by technical assistance providers

that have a successful track record, financial stability, and

the capacity to deliver high quality materials, professional

development for school personnel, and on-site support during the full implementation period of the reforms;

‘‘(3) how the State educational agency will disseminate materials and information on comprehensive school reforms that

are based on scientifically based research and effective practices;

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‘‘(4) how the State educational agency will evaluate annually the implementation of such reforms and measure the extent

to which the reforms have resulted in increased student academic achievement; and ‘‘(5) how the State educational agency will provide technical

assistance to the local educational agency or consortia of local

educational agencies, and to participating schools, in evaluating, developing, and implementing comprehensive school reform.

‘‘SEC. 1604. STATE USE OF FUNDS.

‘‘(a) IN GENERAL.—Except as provided in subsection (e), a State

educational agency that receives a grant under this part shall use

the grant funds to award subgrants, on a competitive basis, to local

educational agencies or consortia of local educational agencies in

the State that receive funds under part A, to support comprehensive

school reforms in schools that are eligible for funds under part A. ‘‘(b) SUBGRANT REQUIREMENTS.—A subgrant to a local educational agency or consortium shall be— ‘‘(1) of sufficient size and scope to support the initial costs

of comprehensive school reforms selected or designed by each

school identified in the application of the local educational

agency or consortium; ‘‘(2) in an amount not less than $50,000— ‘‘(A) for each participating school; or

‘‘(B) for each participating consortium of small schools

(which for purposes of this subparagraph means a consortium of small schools serving a total of not more than 500

students); and

‘‘(3) renewable for 2 additional 1-year subgrant periods

after the initial 1-year subgrant is made if the school is or the

schools are making substantial progress in the implementation

of reforms.

‘‘(c) PRIORITY.—A State educational agency, in awarding subgrants under this part, shall give priority to local educational agencies or consortia that— ‘‘(1) plan to use the funds in schools identified as being in

need of improvement or corrective action under section 1116(c);

and ‘‘(2) demonstrate a commitment to assist schools with budget allocation, professional development, and other strategies

necessary to ensure the comprehensive school reforms are properly implemented and are sustained in the future.

‘‘(d) GRANT CONSIDERATION.—In awarding subgrants under

this part, the State educational agency shall take into consideration

the equitable distribution of subgrants to different geographic regions within the State, including urban and rural areas, and to

schools serving elementary and secondary students.

‘‘(e) ADMINISTRATIVE COSTS.—A State educational agency that

receives a grant under this part may reserve not more than 5 percent of the grant funds for administrative, evaluation, and technical

assistance expenses.

‘‘(f) SUPPLEMENT.—Funds made available under this part shall

be used to supplement, and not supplant, any other Federal, State,

or local funds that would otherwise be available to carry out the activities assisted under this part.

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‘‘(g) REPORTING.—Each State educational agency that receives a

grant under this part shall provide to the Secretary such information as the Secretary may require, including the names of local educational agencies and schools receiving assistance under this part,

the amount of the assistance, a description of the comprehensive

school reforms selected and used, and a copy of the State’s annual

evaluation of the implementation of comprehensive school reforms

supported under this part and the student achievement results.

‘‘SEC. 1605. LOCAL APPLICATIONS.

‘‘(a) IN GENERAL.—Each local educational agency or consortium

of local educational agencies desiring a subgrant under this section

shall submit an application to the State educational agency at such

time, in such manner, and containing such information as the State

educational agency may reasonably require.

‘‘(b) CONTENTS.—Each such application shall—

‘‘(1) identify the schools that are eligible for assistance

under part A and plan to implement a comprehensive school reform program, including the projected costs of such a program;

‘‘(2) describe the comprehensive school reforms based on scientifically based research and effective practices that such

schools will implement;

‘‘(3) describe how the local educational agency or consortium will provide technical assistance and support for the effective implementation of the comprehensive school reforms based

on scientifically based research and effective practices selected

by such schools; and

‘‘(4) describe how the local educational agency or consortium will evaluate the implementation of such comprehensive

school reforms and measure the results achieved in improving

student academic achievement.

‘‘SEC. 1606. LOCAL USE OF FUNDS.

‘‘(a) USES OF FUNDS.—A local educational agency or consortium

that receives a subgrant under this part shall provide the subgrant

funds to schools that are eligible for assistance under part A and

served by the agency, to enable the schools to implement a comprehensive school reform program that—

‘‘(1) employs proven strategies and proven methods for student learning, teaching, and school management that are based

on scientifically based research and effective practices and have

been replicated successfully in schools;

‘‘(2) integrates a comprehensive design for effective school

functioning, including instruction, assessment, classroom management, professional development, parental involvement, and

school management, that aligns the school’s curriculum, technology, and professional development into a comprehensive

school reform plan for schoolwide change designed to enable all

students to meet challenging State content and student academic achievement standards and addresses needs identified

through a school needs assessment;

‘‘(3) provides high quality and continuous teacher and staff

professional development;

‘‘(4) includes measurable goals for student academic

achievement and benchmarks for meeting such goals;

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‘‘(5) is supported by teachers, principals, administrators,

school personnel staff, and other professional staff;

‘‘(6) provides support for teachers, principals, administrators, and other school staff;

‘‘(7) provides for the meaningful involvement of parents and

the local community in planning, implementing, and evaluating

school improvement activities consistent with section 1118;

‘‘(8) uses high quality external technical support and assistance from an entity that has experience and expertise in

schoolwide reform and improvement, which may include an institution of higher education;

‘‘(9) includes a plan for the annual evaluation of the implementation of school reforms and the student results achieved;

‘‘(10) identifies other resources, including Federal, State,

local, and private resources, that shall be used to coordinate

services that will support and sustain the comprehensive school

reform effort; and

‘‘(11)(A) has been found, through scientifically based research to significantly improve the academic achievement of

students participating in such program as compared to students

in schools who have not participated in such program; or

‘‘(B) has been found to have strong evidence that such program will significantly improve the academic achievement of

participating children.

‘‘(b) SPECIAL RULE.—A school that receives funds to develop a

comprehensive school reform program shall not be limited to using

nationally available approaches, but may develop the school’s own

comprehensive school reform program for schoolwide change as described in subsection (a).

‘‘SEC. 1607. EVALUATION AND REPORTS.

‘‘(a) IN GENERAL.—The Secretary shall develop a plan for a national evaluation of the programs assisted under this part.

‘‘(b) EVALUATION.—The national evaluation shall—

‘‘(1) evaluate the implementation and results achieved by

schools after 3 years of implementing comprehensive school reforms; and

‘‘(2) assess the effectiveness of comprehensive school reforms

in schools with diverse characteristics.

‘‘(c) REPORTS.—The Secretary shall submit a report describing

the results of the evaluation under subsection (b) for the Comprehensive School Reform Program to the Committee on Education and the

Workforce, and the Committee on Appropriations of the House of

Representatives, and the Committee on Health, Education, Labor,

and Pensions, and the Committee on Appropriations of the Senate.

‘‘SEC. 1608. QUALITY INITIATIVES.

‘‘The Secretary, through grants or contracts, shall provide funds

for—

‘‘(1) a public-private effort, in which funds are matched by

private organizations, to assist States, local educational agencies, and schools, in making informed decisions regarding approving or selecting providers of comprehensive school reform,

consistent with the requirements described in section 1606(a);

and

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‘‘(2) activities to foster the development of comprehensive

school reform models and to provide effective capacity building

for comprehensive school reform providers to expand their work

in more schools, assure quality, and promote financial stability.

‘‘PART G—ADVANCED PLACEMENT PROGRAMS

‘‘SEC. 1701. SHORT TITLE.

‘‘This part may be cited as the ‘Access to High Standards Act’.

‘‘SEC. 1702. PURPOSES.

The purposes of this part are—

‘‘(1) to support State and local efforts to raise academic

standards through advanced placement programs, and thus

further increase the number of students who participate and

succeed in advanced placement programs;

‘‘(2) to encourage more of the 600,000 students who take advanced placement courses each year but do not take advanced

placement exams each year, to demonstrate their achievements

through taking the exams;

‘‘(3) to build on the many benefits of advanced placement

programs for students, which benefits may include the acquisition of skills that are important to many employers, Scholastic

Aptitude Test (SAT) scores that are 100 points above the national averages, and the achievement of better grades in secondary school and in college than the grades of students who

have not participated in the programs;

‘‘(4) to increase the availability and broaden the range of

schools, including middle schools, that have advanced placement and pre-advanced placement programs;

‘‘(5) to demonstrate that larger and more diverse groups of

students can participate and succeed in advanced placement

programs;

‘‘(6) to provide greater access to advanced placement and

pre-advanced placement courses and highly trained teachers for

low-income and other disadvantaged students;

‘‘(7) to provide access to advanced placement courses for

secondary school students at schools that do not offer advanced

placement programs, increase the rate at which secondary

school students participate in advanced placement courses, and

increase the numbers of students who receive advanced placement test scores for which college academic credit is awarded;

‘‘(8) to increase the participation of low-income individuals

in taking advanced placement tests through the payment or

partial payment of the costs of the advanced placement test fees;

and

‘‘(9) to increase the number of individuals that achieve a

baccalaureate or advanced degree, and to decrease the amount

of time such individuals require to attain such degrees.

‘‘SEC. 1703. FUNDING DISTRIBUTION RULE.

‘‘From amounts appropriated under section 1002(g) for a fiscal

year, the Secretary shall give priority to funding activities under

section 1704 and shall distribute any remaining funds under section 1705.

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‘‘SEC. 1704. ADVANCED PLACEMENT TEST FEE PROGRAM.

‘‘(a) GRANTS AUTHORIZED.—From amounts made available

under section 1703 for a fiscal year, the Secretary shall award

grants to State educational agencies having applications approved

under this section to enable the State educational agencies to reimburse low-income individuals to cover part or all of the costs of advanced placement test fees, if the low-income individuals—

‘‘(1) are enrolled in an advanced placement course; and

‘‘(2) plan to take an advanced placement test.

‘‘(b) AWARD BASIS.—In determining the amount of the grant

awarded to a State educational agency under this section for a fiscal year, the Secretary shall consider the number of children eligible

to be counted under section 1124(c) in the State in relation to the

number of such children so counted in all the States.

‘‘(c) INFORMATION DISSEMINATION.—A State educational agency

awarded a grant under this section shall disseminate information

regarding the availability of advanced placement test fee payments

under this section to eligible individuals through secondary school

teachers and guidance counselors.

‘‘(d) APPLICATIONS.—Each State educational agency desiring to

receive a grant under this section shall submit an application to the

Secretary at such time, in such manner, and accompanied by such

information as the Secretary may require. At a minimum, each

State educational agency application shall—

‘‘(1) describe the advanced placement test fees the State

educational agency will pay on behalf of low-income individuals in the State from grant funds awarded under this section;

‘‘(2) provide an assurance that any grant funds awarded

under this section shall be used only to pay for advanced placement test fees; and

‘‘(3) contain such information as the Secretary may require

to demonstrate that the State educational agency will ensure

that a student is eligible for payments authorized under this

section, including documentation required under chapter 1 of

subpart 2 of part A of title IV of the Higher Education Act of

1965.

‘‘(e) REGULATIONS.—The Secretary shall prescribe such regulations as are necessary to carry out this section.

‘‘(f) REPORT.—

‘‘(1) IN GENERAL.—Each State educational agency awarded

a grant under this section shall, with respect to each advanced

placement subject, annually report to the Secretary on—

‘‘(A) the number of students in the State who are taking

an advanced placement course in that subject;

‘‘(B) the number of advanced placement tests taken by

students in the State who have taken an advanced placement course in that subject;

‘‘(C) the number of students in the State scoring at different levels on advanced placement tests in that subject;

and

‘‘(D) demographic information regarding individuals in

the State taking advanced placement courses and tests in

that subject disaggregated by race, ethnicity, sex, English

proficiency status, and socioeconomic status.

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‘‘(2) REPORT TO CONGRESS.—The Secretary shall annually

compile the information received from each State educational

agency under paragraph (1) and report to the appropriate Committees of Congress regarding the information.

‘‘(g) BIA AS SEA.—For purposes of this section the Bureau of

Indian Affairs shall be treated as a State educational agency.

‘‘SEC. 1705. ADVANCED PLACEMENT INCENTIVE PROGRAM GRANTS.

‘‘(a) GRANTS AUTHORIZED.— ‘‘(1) IN GENERAL.—From amounts made available under

section 1703 for a fiscal year, the Secretary shall award grants,

on a competitive basis, to eligible entities to enable those entities

to carry out the authorized activities described in subsection (d). ‘‘(2) DURATION AND PAYMENTS.— ‘‘(A) DURATION.—The Secretary shall award a grant

under this section for a period of not more than 3 years. ‘‘(B) PAYMENTS.—The Secretary shall make grant payments under this section on an annual basis.

‘‘(3) DEFINITION OF ELIGIBLE ENTITY.—In this section, the

term ‘eligible entity’ means a State educational agency, local

educational agency, or national nonprofit educational entity

with expertise in advanced placement services.

‘‘(b) APPLICATION.—Each eligible entity desiring a grant under

this section shall submit an application to the Secretary at such

time, in such manner, and accompanied by such information as the

Secretary may require. ‘‘(c) PRIORITY.—In awarding grants under this section, the Secretary shall give priority to an eligible entity that submits an application under subsection (b) that— ‘‘(1) demonstrates a pervasive need for access to advanced

placement incentive programs; ‘‘(2) provides for the involvement of business and community organizations in the activities to be assisted; ‘‘(3) assures the availability of matching funds from State,

local, or other sources to pay for the cost of activities to be assisted; ‘‘(4) demonstrates a focus on developing or expanding advanced placement programs and participation in the core academic areas of English, mathematics, and science; ‘‘(5) demonstrates an intent to carry out activities that

target— ‘‘(A) local educational agencies serving schools with a

high concentration of low-income students; or

‘‘(B) schools with a high concentration of low-income

students; and

‘‘(6) in the case of a local educational agency, assures that

the local educational agency serves schools with a high concentration of low-income students; or ‘‘(7) demonstrates an intent to carry out activities to increase the availability of, and participation in, on-line advanced placement courses.

‘‘(d) AUTHORIZED ACTIVITIES.—

‘‘(1) IN GENERAL.—Subject to paragraph (2), an eligible entity shall use grant funds made available under this section to

expand access for low-income individuals to advanced placement incentive programs that involve—

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‘‘(A) teacher training;

‘‘(B) pre-advanced placement course development;

‘‘(C) coordination and articulation between grade levels

to prepare students for academic achievement in advanced

placement courses;

‘‘(D) books and supplies; or

‘‘(E) activities to increase the availability of, and participation in, on-line advanced placement courses; or

‘‘(F) any other activity directly related to expanding access to and participation in advanced placement incentive

programs, particularly for low-income individuals.

‘‘(2) STATE EDUCATIONAL AGENCY.—In the case of an eligible entity that is a State educational agency, the entity may use

grant funds made available under this section to award subgrants to local educational agencies to enable the local educational agencies to carry out the activities under paragraph

(1).

‘‘(e) CONTRACTS.—An eligible entity awarded a grant to

provide online advanced placement courses under this part may

enter into a contract with a nonprofit or for profit organization

to provide the online advanced placement courses, including

contracting for necessary support services.

‘‘(f) DATA COLLECTION AND REPORTING.—

‘‘(1) DATA COLLECTION.—Each eligible entity awarded a

grant under this section shall, with respect to each advanced

placement subject, annually report to the Secretary on—

‘‘(A) the number of students served by the eligible entity

who are taking an advanced placement course in that subject;

‘‘(B) the number of advanced placement tests taken by

students served by the eligible entity in that subject;

‘‘(C) the number of students served by the eligible entity

scoring at different levels on advanced placement tests in

that subject; and

‘‘(D) demographic information regarding individuals

served by such agency who taking advanced placement

courses and tests in that subject disaggregated by race, ethnicity, sex, English proficiency status, and socioeconomic

status.

‘‘(2) REPORT.—The Secretary shall annually compile the information received from each eligible entity under paragraph

(1) and report to the appropriate Committees of Congress regarding the information.

‘‘SEC. 1706. SUPPLEMENT, NOT SUPPLANT.

Grant funds provided under this part shall supplement, and

not supplant, other non-Federal funds that are available to assist

low-income individuals to pay for the cost of advanced placement

test fees or to expand access to advanced placement and pre-advanced placement courses.

‘‘SEC. 1707. DEFINITIONS.

‘‘In this part:

‘‘(1) ADVANCED PLACEMENT TEST.—The term ‘advanced

placement test’ means an advanced placement test administered

by the College Board or approved by the Secretary.

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‘‘(2) HIGH CONCENTRATION OF LOW-INCOME STUDENTS.—

The term ‘high concentration of low-income students’, used with

respect to a school, means a school that serves a student population 40 percent or more of whom are low-income individuals.

‘‘(3) LOW-INCOME INDIVIDUAL.—The term ‘low-income individual’ means an individual who is determined by a State educational agency or local educational agency to be a child, ages

5 through 17, from a low-income family, on the basis of data

used by the Secretary to determine allocations under section

1124 of this Act, data on children eligible for free or reducedprice lunches under the National School Lunch Act, data on

children in families receiving assistance under part A of title IV

of the Social Security Act, or data on children eligible to receive

medical assistance under the medicaid program under title XIX

of the Social Security Act, or through an alternate method that

combines or extrapolates from those data.

‘‘PART H—SCHOOL DROPOUT PREVENTION

‘‘SEC. 1801. SHORT TITLE.

‘‘This part may be cited as the ‘Dropout Prevention Act’.

‘‘SEC. 1802. PURPOSE.

‘‘The purpose of this part is to provide for school dropout prevention and reentry and to raise academic achievement levels by

providing grants that—

‘‘(1) challenge all children to attain their highest academic

potential; and

‘‘(2) ensure that all students have substantial and ongoing

opportunities to attain their highest academic potential through

schoolwide programs proven effective in school dropout prevention and reentry.

‘‘SEC. 1803. AUTHORIZATION OF APPROPRIATIONS.

‘‘For the purpose of carrying out this part, there are authorized

to be appropriated $125,000,000 for fiscal year 2002 and such sums

as may be necessary for each of the 5 succeeding fiscal years, of

which—

‘‘(1) 10 percent shall be available to carry out subpart 1 for

each fiscal year; and

‘‘(2) 90 percent shall be available to carry out subpart 2 for

each fiscal year.

‘‘Subpart 1—Coordinated National Strategy

‘‘SEC. 1811. NATIONAL ACTIVITIES.

‘‘(a) IN GENERAL.—The Secretary is authorized—

‘‘(1) to collect systematic data on the effectiveness of the programs assisted under this part in reducing school dropout rates

and increasing school reentry and secondary school graduation

rates;

‘‘(2) to establish a national clearinghouse of information on

effective school dropout prevention and reentry programs that

shall disseminate to State educational agencies, local educational agencies, and schools—

‘‘(A) the results of research on school dropout prevention and reentry; and

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‘‘(B) information on effective programs, best practices,

and Federal resources to— ‘‘(i) reduce annual school dropout rates;

‘‘(ii) increase school reentry; and

‘‘(iii) increase secondary school graduation rates; ‘‘(3) to provide technical assistance to State educational

agencies, local educational agencies, and schools in designing

and implementing programs and securing resources to implement effective school dropout prevention and reentry programs; ‘‘(4) to establish and consult with an interagency working

group that shall— ‘‘(A) address inter- and intra-agency program coordination issues at the Federal level with respect to school dropout prevention and reentry, and assess the targeting of existing Federal services to students who are most at risk of

dropping out of school, and the cost-effectiveness of various

programs and approaches used to address school dropout

prevention and reentry; ‘‘(B) describe the ways in which State educational

agencies and local educational agencies can implement effective school dropout prevention and reentry programs

using funds from a variety of Federal programs, including

the programs under this part; and ‘‘(C) examine Federal programs that may have a positive impact on secondary school graduation or school reentry;

‘‘(5) to carry out a national recognition program in accordance with subsection (b) that recognizes schools that have made

extraordinary progress in lowering school dropout rates; and ‘‘(6) to use funds made available for this subpart to carry

out the evaluation required under section 1830(c).

‘‘(b) RECOGNITION PROGRAM.—

‘‘(1) ESTABLISHMENT.—The Secretary shall— ‘‘(A) establish a national recognition program; and

‘‘(B) develop uniform national guidelines for the recognition program that shall be used to recognize eligible

schools from nominations submitted by State educational

agencies.

‘‘(2) RECOGNITION.—The Secretary shall recognize, under

the recognition program established under paragraph (1), eligible schools. ‘‘(3) SUPPORT.—The Secretary may make monetary awards

to an eligible school recognized under this subsection in

amounts determined appropriate by the Secretary that shall be

used for dissemination activities within the eligible school district or nationally.

‘‘(4) DEFINITION OF ELIGIBLE SCHOOL.—In this subsection,

the term ‘eligible school’ means a public middle school or secondary school, including a charter school, that has implemented comprehensive reforms that have been effective in lowering school dropout rates for all students— ‘‘(A) in that secondary school or charter school; or

‘‘(B) in the case of a middle school, in the secondary

school that the middle school feeds students into. ‘‘(c) CAPACITY BUILDING.—

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‘‘(1) IN GENERAL.—The Secretary, through a contract with

1 or more non-Federal entities, may conduct a capacity building

and design initiative in order to increase the types of proven

strategies for school dropout prevention and reentry that address the needs of an entire school population rather than a

subset of students.

‘‘(2) NUMBER AND DURATION.—

‘‘(A) NUMBER.—The Secretary may award not more

than 5 contracts under this subsection.

‘‘(B) DURATION.—The Secretary may award a contract

under this subsection for a period of not more than 5 years.

‘‘(d) SUPPORT FOR EXISTING REFORM NETWORKS.—

‘‘(1) IN GENERAL.—The Secretary may provide appropriate

support to eligible entities to enable the eligible entities to provide training, materials, development, and staff assistance to

schools assisted under this part.

‘‘(2) DEFINITION OF ELIGIBLE ENTITY.—In this subsection,

the term ‘eligible entity’ means an entity that, prior to the date

of enactment of the Dropout Prevention Act—

‘‘(A) provided training, technical assistance, and materials related to school dropout prevention or reentry to 100

or more elementary schools or secondary schools; and

‘‘(B) developed and published a specific educational

program or design related to school dropout prevention or

reentry for use by the schools.

‘‘Subpart 2—School Dropout Prevention Initiative

‘‘SEC. 1821. DEFINITIONS.

‘‘In this subpart:

‘‘(1) LOW-INCOME STUDENT.—The term ‘low-income student’

means a student who is determined by a local educational

agency to be from a low-income family using the measures described in section 1113(c).

‘‘(2) STATE.—The term ‘State’ means each of the several

States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands,

Guam, American Samoa, the Commonwealth of the Northern

Mariana Islands, and the Bureau of Indian Affairs for purposes

of serving schools funded by the Bureau.

‘‘SEC. 1822. PROGRAM AUTHORIZED.

‘‘(a) GRANTS TO STATE EDUCATIONAL AGENCIES AND LOCAL

EDUCATIONAL AGENCIES.—

‘‘(1) AMOUNT LESS THAN $75,000,000.—

‘‘(A) IN GENERAL.—If the amount appropriated under

section 1803 for a fiscal year equals or is less than

$75,000,000, then the Secretary shall use such amount to

award grants, on a competitive basis, to—

‘‘(i) State educational agencies to support

activities—

‘‘(I) in schools that—

‘‘(aa) serve students in grades 6 through

12; and

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‘‘(bb) have annual school dropout rates

that are above the State average annual school

dropout rate; or

‘‘(II) in the middle schools that feed students

into the schools described in subclause (I); or

‘‘(ii) local educational agencies that operate—

‘‘(I) schools that—

‘‘(aa) serve students in grades 6 through

12; and

‘‘(bb) have annual school dropout rates

that are above the State average annual school

dropout rate; or

‘‘(II) middle schools that feed students into the

schools described in subclause (I).

‘‘(B) USE OF GRANT FUNDS.—Grant funds awarded

under this paragraph shall be used to fund effective, sustainable, and coordinated school dropout prevention and

reentry programs that may include the activities described

in subsection (b)(2), in—

‘‘(i) schools serving students in grades 6 through

12 that have annual school dropout rates that are

above the State average annual school dropout rate; or

‘‘(ii) the middle schools that feed students into the

schools described in clause (i).

‘‘(2) AMOUNT LESS THAN $250,000,000 BUT MORE THAN

$75,000,000.—If the amount appropriated under section 1803 for

a fiscal year is less than $250,000,000 but more than

$75,000,000, then the Secretary shall use such amount to

award grants, on a competitive basis, to State educational

agencies to enable the State educational agencies to award subgrants under subsection (b).

‘‘(3) AMOUNT EQUAL TO OR EXCEEDS $250,000,000.—If the

amount appropriated under section 1803 for a fiscal year

equals or exceeds $250,000,000, then the Secretary shall use

such amount to award a grant to each State educational agency

in an amount that bears the same relation to such appropriated

amount as the amount the State educational agency received

under part A for the preceding fiscal year bears to the amount

received by all State educational agencies under such part for

the preceding fiscal year, to enable the State educational agency

to award subgrants under subsection (b).

‘‘(b) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.—

‘‘(1) IN GENERAL.—From amounts made available to a State

educational agency under paragraph (2) or (3) of subsection (a),

the State educational agency shall award subgrants, on a competitive basis, to local educational agencies that operate public

schools that serve students in grades 6 through 12 and that

have annual school dropout rates that are above the State average annual school dropout rate, to enable those schools, or the

middle schools that feed students into those schools, to implement effective, sustainable, and coordinated school dropout prevention and reentry programs that involve activities such as—

‘‘(A) professional development;

‘‘(B) obtaining curricular materials;

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‘‘(C) release time for professional staff to obtain professional development;

‘‘(D) planning and research;

‘‘(E) remedial education;

‘‘(F) reduction in pupil-to-teacher ratios;

‘‘(G) efforts to meet State student academic achievement

standards;

‘‘(H) counseling and mentoring for at-risk students;

‘‘(I) implementing comprehensive school reform models,

such as creating smaller learning communities; and

‘‘(J) school reentry activities.

‘‘(2) AMOUNT.—Subject to paragraph (3), a subgrant under

this subpart shall be awarded—

‘‘(A) in the first year that a local educational agency receives a subgrant payment under this subpart, in an

amount that is based on factors such as—

‘‘(i) the size of schools operated by the local educational agency;

‘‘(ii) costs of the model or set of prevention and reentry strategies being implemented; and

‘‘(iii) local cost factors such as poverty rates;

‘‘(B) in the second year, in an amount that is not less

than 75 percent of the amount the local educational agency

received under this subpart in the first such year;

‘‘(C) in the third year, in an amount that is not less

than 50 percent of the amount the local educational agency

received under this subpart in the first such year; and

‘‘(D) in each succeeding year, in an amount that is not

less than 30 percent of the amount the local educational

agency received under this subpart in the first year.

‘‘(3) DURATION.—A subgrant under this subpart shall be

awarded for a period of 3 years, and may be continued for a

period of 2 additional years if the State educational agency determines, based on the annual reports described in section

1830(a), that significant progress has been made in lowering

the annual school dropout rate for secondary schools participating in the program assisted under this subpart.

‘‘SEC. 1823. APPLICATIONS.

‘‘(a) IN GENERAL.—To receive—

‘‘(1) a grant under this subpart, a State educational agency

or local educational agency shall submit an application and

plan to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require; and

‘‘(2) a subgrant under this subpart, a local educational

agency shall submit an application and plan to the State educational agency at such time, in such manner, and accompanied by such information as the State educational agency

may reasonably require.

‘‘(b) CONTENTS.—

‘‘(1) STATE EDUCATIONAL AGENCY AND LOCAL EDUCATIONAL

AGENCY.—Each application and plan submitted under subsection (a) shall—

‘‘(A) include an outline—

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‘‘(i) of the State educational agency’s or local educational agency’s strategy for reducing the State educational agency or local educational agency’s annual

school dropout rate;

‘‘(ii) for targeting secondary schools, and the middle schools that feed students into those secondary

schools, that have the highest annual school dropout

rates; and

‘‘(iii) for assessing the effectiveness of the efforts described in the plan;

‘‘(B) contain an identification of the schools in the State

or operated by the local educational agency that have annual school dropout rates that are greater than the average

annual school dropout rate for the State;

‘‘(C) describe the instructional strategies to be implemented, how the strategies will serve all students, and the

effectiveness of the strategies;

‘‘(D) describe a budget and timeline for implementing

the strategies;

‘‘(E) contain evidence of coordination with existing resources; ‘‘(F) provide an assurance that funds provided under

this subpart will supplement, and not supplant, other State

and local funds available for school dropout prevention and

reentry programs; and

‘‘(G) describe how the activities to be assisted conform

with research knowledge about school dropout prevention

and reentry.

‘‘(2) LOCAL EDUCATIONAL AGENCY.—Each application and

plan submitted under subsection (a) by a local educational

agency shall contain, in addition to the requirements of paragraph (1)—

‘‘(A) an assurance that the local educational agency is

committed to providing ongoing operational support for

such schools to address the problem of school dropouts for

a period of 5 years; and

‘‘(B) an assurance that the local educational agency

will support the plan, including—

‘‘(i) provision of release time for teacher training;

‘‘(ii) efforts to coordinate activities for secondary

schools and the middle schools that feed students into

those secondary schools; and

‘‘(iii) encouraging other schools served by the local

educational agency to participate in the plan.

‘‘SEC. 1824. STATE RESERVATION.

‘‘A State educational agency that receives a grant under paragraph (2) or (3) of section 1822(a) may reserve not more than 5 percent of the grant funds for administrative costs and State activities

related to school dropout prevention and reentry activities, of which

not more than 2 percent of the grant funds may be used for administrative costs.

‘‘SEC. 1825. STRATEGIES AND CAPACITY BUILDING.

‘‘Each local educational agency receiving a grant or subgrant

under this subpart and each State educational agency receiving a

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grant under this subpart shall implement scientifically based, sustainable, and widely replicated strategies for school dropout prevention and reentry. The strategies may include—

‘‘(1) specific strategies for targeted purposes, such as—

‘‘(A) effective early intervention programs designed to

identify at-risk students;

‘‘(B) effective programs serving at-risk students, including racial and ethnic minorities and pregnant and parenting teenagers, designed to prevent such students from

dropping out of school; and

‘‘(C) effective programs to identify and encourage youth

who have already dropped out of school to reenter school

and complete their secondary education; and

‘‘(2) approaches such as breaking larger schools down into

smaller learning communities and other comprehensive reform

approaches, creating alternative school programs, and developing clear linkages to career skills and employment.

‘‘SEC. 1826. SELECTION OF LOCAL EDUCATIONAL AGENCIES FOR SUBGRANTS.

‘‘(a) STATE EDUCATIONAL AGENCY REVIEW AND AWARD.—The

State educational agency shall review applications submitted under

section 1823(a)(2) and award subgrants to local educational agencies with the assistance and advice of a panel of experts on school

dropout prevention and reentry.

‘‘(b) ELIGIBILITY.—A local educational agency is eligible to receive a subgrant under this subpart if the local educational agency

operates a public school (including a public alternative school)—

‘‘(1) that is eligible to receive assistance under part A; and

‘‘(2)(A) that serves students 50 percent or more of whom are

low-income students; or

‘‘(B) in which a majority of the students come from feeder

schools that serve students 50 percent or more of whom are lowincome students.

‘‘SEC. 1827. COMMUNITY BASED ORGANIZATIONS.

‘‘A local educational agency that receives a grant or subgrant

under this subpart and a State educational agency that receives a

grant under this subpart may use the funds to secure necessary

services from a community-based organization or other government

agency if the funds are used to provide school dropout prevention

and reentry activities related to schoolwide efforts.

‘‘SEC. 1828. TECHNICAL ASSISTANCE.

‘‘Notwithstanding any other provision of law, each local educational agency that receives funds under this subpart shall use the

funds to provide technical assistance to secondary schools served by

the agency that have not made progress toward lowering annual

school dropout rates after receiving assistance under this subpart

for 2 fiscal years.

‘‘SEC. 1829. SCHOOL DROPOUT RATE CALCULATION.

‘‘For purposes of calculating an annual school dropout rate

under this subpart, a school shall use the annual event school dropout rate for students leaving a school in a single year determined

in accordance with the National Center for Education Statistics’

Common Core of Data.

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‘‘SEC. 1830. REPORTING AND ACCOUNTABILITY.

‘‘(a) LOCAL EDUCATIONAL AGENCY REPORTS.— ‘‘(1) IN GENERAL.—To receive funds under this subpart for

a fiscal year after the first fiscal year that a local educational

agency receives funds under this subpart, the local educational

agency shall provide, on an annual basis, a report regarding

the status of the implementation of activities funded under this

subpart, and the dropout data for students at schools assisted

under this subpart, disaggregated by race and ethnicity, to

the— ‘‘(A) Secretary, if the local educational agency receives

a grant under section 1822(a)(1); or ‘‘(B) State educational agency, if the local educational

agency receives a subgrant under paragraph (2) or (3) of

section 1822(a).

‘‘(2) DROPOUT DATA.—The dropout data under paragraph

(1) shall include annual school dropout rates for each fiscal

year, starting with the 2 fiscal years before the local educational

agency received funds under this subpart.

‘‘(b) STATE REPORT ON PROGRAM ACTIVITIES.—Each State educational agency receiving funds under this subpart shall provide to

the Secretary, at such time and in such format as the Secretary may

require, information on the status of the implementation of activities

funded under this subpart and outcome data for students in schools

assisted under this subpart. ‘‘(c) ACCOUNTABILITY.—The Secretary shall evaluate the effect of

the activities assisted under this subpart on school dropout prevention compared, if feasible, to a control group using control procedures. The Secretary may use funds appropriated for subpart 1 to

carry out this evaluation.

‘‘PART I—GENERAL PROVISIONS

‘‘SEC. 1901. FEDERAL REGULATIONS.

‘‘(a) IN GENERAL.—The Secretary may issue such regulations as

are necessary to reasonably ensure that there is compliance with

this title. ‘‘(b) NEGOTIATED RULEMAKING PROCESS.— ‘‘(1) IN GENERAL.—Before publishing in the Federal Register proposed regulations to carry out this title, the Secretary

shall obtain the advice and recommendations of representatives

of Federal, State, and local administrators, parents, teachers,

paraprofessionals, and members of local school boards and

other organizations involved with the implementation and operation of programs under this title.

‘‘(2) MEETINGS AND ELECTRONIC EXCHANGE.—Such advice

and recommendations may be obtained through such mechanisms as regional meetings and electronic exchanges of information.

‘‘(3) PROPOSED REGULATIONS.—After obtaining such advice

and recommendations, and before publishing proposed regulations, the Secretary shall—

‘‘(A) establish a negotiated rulemaking process on, at a

minimum, standards and assessments;

‘‘(B) select individuals to participate in such process

from among individuals or groups that provided advice

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and recommendations, including representation from all

geographic regions of the United States, in such numbers

as will provide an equitable balance between representatives of parents and students and representatives of educators and education officials; and

‘‘(C) prepare a draft of proposed policy options that

shall be provided to the individuals selected by the Secretary under subparagraph (B) not less than 15 days before

the first meeting under such process.

‘‘(4) PROCESS.—Such process—

‘‘(A) shall be conducted in a timely manner to ensure

that final regulations are issued by the Secretary not later

than 1 year after the date of enactment of the No Child Left

Behind Act of 2001; and

‘‘(B) shall not be subject to the Federal Advisory Committee Act, but shall otherwise follow the provisions of the

Negotiated Rulemaking Act of 1990 (5 U.S.C. 561 et seq.).

‘‘(5) EMERGENCY SITUATION.—In an emergency situation in

which regulations to carry out this title must be issued within

a very limited time to assist State educational agencies and

local educational agencies with the operation of a program

under this title, the Secretary may issue proposed regulations

without following such process but shall, immediately thereafter

and before issuing final regulations, conduct regional meetings

to review such proposed regulations.

‘‘(c) LIMITATION.—Regulations to carry out this part may not require local programs to follow a particular instructional model,

such as the provision of services outside the regular classroom or

school program.

‘‘SEC. 1902. AGREEMENTS AND RECORDS.

‘‘(a) AGREEMENTS.—All published proposed regulations shall

conform to agreements that result from negotiated rulemaking described in section 1901 unless the Secretary reopens the negotiated

rulemaking process or provides a written explanation to the participants involved in the process explaining why the Secretary decided

to depart from, and not adhere to, such agreements.

‘‘(b) RECORDS.—The Secretary shall ensure that an accurate

and reliable record of agreements reached during the negotiations

process is maintained.

‘‘SEC. 1903. STATE ADMINISTRATION.

‘‘(a) RULEMAKING.— ‘‘(1) IN GENERAL.—Each State that receives funds under

this title shall— ‘‘(A) ensure that any State rules, regulations, and policies relating to this title conform to the purposes of this title

and provide any such proposed rules, regulations, and policies to the committee of practitioners created under subsection (b) for review and comment;

‘‘(B) minimize such rules, regulations, and policies to

which the State’s local educational agencies and schools are

subject;

‘‘(C) eliminate or modify State and local fiscal accounting requirements in order to facilitate the ability of schools

to consolidate funds under schoolwide programs; and

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‘‘(D) identify any such rule, regulation, or policy as a

State-imposed requirement.

‘‘(2) SUPPORT AND FACILITATION.—State rules, regulations,

and policies under this title shall support and facilitate local

educational agency and school-level systemic reform designed to

enable all children to meet the challenging State student academic achievement standards.

‘‘(b) COMMITTEE OF PRACTITIONERS.—

‘‘(1) IN GENERAL.—Each State educational agency that receives funds under this title shall create a State committee of

practitioners to advise the State in carrying out its responsibilities under this title.

‘‘(2) MEMBERSHIP.—Each such committee shall include—

‘‘(A) as a majority of its members, representatives from

local educational agencies;

‘‘(B) administrators, including the administrators of

programs described in other parts of this title;

‘‘(C) teachers, including vocational educators;

‘‘(D) parents;

‘‘(E) members of local school boards;

‘‘(F) representatives of private school children; and

‘‘(G) pupil services personnel.

‘‘(3) DUTIES.—The duties of such committee shall include a

review, before publication, of any proposed or final State rule

or regulation pursuant to this title. In an emergency situation

where such rule or regulation must be issued within a very limited time to assist local educational agencies with the operation

of the program under this title, the State educational agency

may issue a regulation without prior consultation, but shall immediately thereafter convene the State committee of practitioners to review the emergency regulation before issuance in

final form.

‘‘SEC. 1904. LOCAL EDUCATIONAL AGENCY SPENDING AUDITS.

‘‘(a) AUDITS.—The Comptroller General of the United States

shall conduct audits of not less than 6 local educational agencies

that receive funds under part A in each fiscal year to determine

more clearly and specifically how local educational agencies are expending such funds. Such audits—

‘‘(1) shall be conducted in 6 local educational agencies that

represent the size, ethnic, economic, and geographic diversity of

local educational agencies; and

‘‘(2) shall examine the extent to which funds have been expended for academic instruction in the core curriculum and activities unrelated to academic instruction in the core curriculum, such as the payment of janitorial, utility, and other

maintenance services, the purchase and lease of vehicles, and

the payment for travel and attendance costs at conferences.

‘‘(b) REPORT.—Not later than 3 months after the completion of

the audits under subsection (a) each year, the Comptroller General

of the United States shall submit a report on each audit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor and Pensions

of the Senate.

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‘‘SEC. 1905. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION,

OR CONTROL.

‘‘Nothing in this title shall be construed to authorize an officer

or employee of the Federal Government to mandate, direct, or control a State, local educational agency, or school’s specific instructional content, academic achievement standards and assessments,

curriculum, or program of instruction.

‘‘SEC. 1906. RULE OF CONSTRUCTION ON EQUALIZED SPENDING.

‘‘Nothing in this title shall be construed to mandate equalized

spending per pupil for a State, local educational agency, or school.

‘‘SEC. 1907. STATE REPORT ON DROPOUT DATA.

‘‘Not later than 1 year after a State educational agency receives

funds under this title, the agency shall report to the Secretary and

statewide, all school district data regarding annual school dropout

rates in the State disaggregated by race and ethnicity according to

procedures that conform with the National Center for Education

Statistics’ Common Core of Data.

‘‘SEC. 1908. REGULATIONS FOR SECTIONS 1111 AND 1116.

‘‘The Secretary shall issue regulations for sections 1111 and

1116 not later than 6 months after the date of enactment of the No

Child Left Behind Act of 2001.’’.

TITLE II—PREPARING, TRAINING, AND

RECRUITING HIGH QUALITY TEACHERS AND PRINCIPALS

SEC. 201. TEACHER AND PRINCIPAL TRAINING AND RECRUITING

FUND.

Title II (20 U.S.C. 6601 et seq.) is amended to read as follows:

‘‘TITLE II—PREPARING, TRAINING, AND

RECRUITING HIGH QUALITY TEACHERS AND PRINCIPALS

‘‘PART A—TEACHER AND PRINCIPAL TRAINING AND

RECRUITING FUND

‘‘SEC. 2101. PURPOSE.

‘‘The purpose of this part is to provide grants to State educational agencies, local educational agencies, State agencies for

higher education, and eligible partnerships in order to—

‘‘(1) increase student academic achievement through strategies such as improving teacher and principal quality and increasing the number of highly qualified teachers in the classroom and highly qualified principals and assistant principals

in schools; and

‘‘(2) hold local educational agencies and schools accountable for improvements in student academic achievement.

‘‘SEC. 2102. DEFINITIONS.

‘‘In this part:

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‘‘(1) ARTS AND SCIENCES.—The term ‘arts and sciences’

means—

‘‘(A) when referring to an organizational unit of an institution of higher education, any academic unit that offers

one or more academic majors in disciplines or content

areas corresponding to the academic subjects in which

teachers teach; and

‘‘(B) when referring to a specific academic subject, the

disciplines or content areas in which an academic major is

offered by an organizational unit described in subparagraph (A).

‘‘(2) CHARTER SCHOOL.—The term ‘charter school’ has the

meaning given the term in section 5210.

‘‘(3) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term

‘high-need local educational agency’ means a local educational

agency—

‘‘(A)(i) that serves not fewer than 10,000 children from

families with incomes below the poverty line; or

‘‘(ii) for which not less than 20 percent of the children

served by the agency are from families with incomes below

the poverty line; and

‘‘(B)(i) for which there is a high percentage of teachers

not teaching in the academic subjects or grade levels that

the teachers were trained to teach; or

‘‘(ii) for which there is a high percentage of teachers

with emergency, provisional, or temporary certification or

licensing.

‘‘(4) HIGHLY QUALIFIED PARAPROFESSIONAL.—The term

‘highly qualified paraprofessional’ means a paraprofessional

who has not less than 2 years of—

‘‘(A) experience in a classroom; and

‘‘(B) postsecondary education or demonstrated competence in a field or academic subject for which there is a

significant shortage of qualified teachers.

‘‘(5) OUT-OF-FIELD TEACHER.—The term ‘out-of-field teacher’

means a teacher who is teaching an academic subject or a

grade level for which the teacher is not highly qualified.

‘‘(6) PRINCIPAL.—The term ‘principal’ includes an assistant

principal.

‘‘SEC. 2103. AUTHORIZATIONS OF APPROPRIATIONS.

‘‘(a) GRANTS TO STATES, LOCAL EDUCATIONAL AGENCIES, AND

ELIGIBLE PARTNERSHIPS.—There are authorized to be appropriated to carry out this part (other than subpart 5) $3,175,000,000 for fiscal year 2002 and such sums as may be necessary for each of the

5 succeeding fiscal years.

‘‘(b) NATIONAL PROGRAMS.—There are authorized to be appropriated to carry out subpart 5 such sums as may be necessary for

fiscal year 2002 and each of the 5 succeeding fiscal years.

‘‘Subpart 1—Grants to States

‘‘SEC. 2111. ALLOTMENTS TO STATES.

‘‘(a) IN GENERAL.—The Secretary shall make grants to States

with applications approved under section 2112 to pay for the Federal share of the cost of carrying out the activities specified in secVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00205 Fmt 6659 Sfmt 6603 E:\HR\OC\A334HR.072 pfrm07 PsN: A334HR
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tion 2113. Each grant shall consist of the allotment determined for

a State under subsection (b). ‘‘(b) DETERMINATION OF ALLOTMENTS.— ‘‘(1) RESERVATION OF FUNDS.— ‘‘(A) IN GENERAL.—From the total amount appropriated

under section 2103(a) for a fiscal year, the Secretary shall

reserve—

‘‘(i) 1⁄2 of 1 percent for allotments for the United

States Virgin Islands, Guam, American Samoa, and

the Commonwealth of the Northern Mariana Islands,

to be distributed among those outlying areas on the

basis of their relative need, as determined by the Secretary, in accordance with the purpose of this part; and ‘‘(ii) 1⁄2 of 1 percent for the Secretary of the Interior

for programs under this part in schools operated or

funded by the Bureau of Indian Affairs. ‘‘(2) STATE ALLOTMENTS.— ‘‘(A) HOLD HARMLESS.— ‘‘(i) IN GENERAL.—Subject to subparagraph (B),

from the funds appropriated under section 2103(a) for

any fiscal year and not reserved under paragraph (1),

the Secretary shall allot to each of the 50 States, the

District of Columbia, and the Commonwealth of Puerto

Rico an amount equal to the total amount that such

State received for fiscal year 2001 under— ‘‘(I) section 2202(b) of this Act (as in effect on

the day before the date of enactment of the No

Child Left Behind Act of 2001); and ‘‘(II) section 306 of the Department of Education Appropriations Act, 2001 (as enacted into

law by section 1(a)(1) of Public Law 106–554). ‘‘(ii) RATABLE REDUCTION.—If the funds described

in clause (i) are insufficient to pay the full amounts

that all States are eligible to receive under clause (i)

for any fiscal year, the Secretary shall ratably reduce

those amounts for the fiscal year.

‘‘(B) ALLOTMENT OF ADDITIONAL FUNDS.— ‘‘(i) IN GENERAL.—Subject to clause (ii), for any fiscal year for which the funds appropriated under section 2103(a) and not reserved under paragraph (1) exceed the total amount required to make allotments

under subparagraph (A), the Secretary shall allot to

each of the States described in subparagraph (A) the

sum of—

‘‘(I) an amount that bears the same relationship to 35 percent of the excess amount as the

number of individuals age 5 through 17 in the

State, as determined by the Secretary on the basis

of the most recent satisfactory data, bears to the

number of those individuals in all such States, as

so determined; and

‘‘(II) an amount that bears the same relationship to 65 percent of the excess amount as the

number of individuals age 5 through 17 from families with incomes below the poverty line, in the

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State, as determined by the Secretary on the basis

of the most recent satisfactory data, bears to the

number of those individuals in all such States, as

so determined.

‘‘(ii) EXCEPTION.—No State receiving an allotment

under clause (i) may receive less than 1⁄2 of 1 percent

of the total excess amount allotted under such clause

for a fiscal year. ‘‘(3) REALLOTMENT.—If any State does not apply for an allotment under this subsection for any fiscal year, the Secretary

shall reallot the amount of the allotment to the remaining

States in accordance with this subsection.

‘‘SEC. 2112. STATE APPLICATIONS.

‘‘(a) IN GENERAL.—For a State to be eligible to receive a grant

under this part, the State educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. ‘‘(b) CONTENTS.—Each application submitted under this section

shall include the following: ‘‘(1) A description of how the activities to be carried out by

the State educational agency under this subpart will be based

on a review of scientifically based research and an explanation

of why the activities are expected to improve student academic

achievement. ‘‘(2) A description of how the State educational agency will

ensure that a local educational agency receiving a subgrant to

carry out subpart 2 will comply with the requirements of such

subpart. ‘‘(3) A description of how the State educational agency will

ensure that activities assisted under this subpart are aligned

with challenging State academic content and student academic

achievement standards, State assessments, and State and local

curricula. ‘‘(4) A description of how the State educational agency will

use funds under this part to improve the quality of the State’s

teachers and principals. ‘‘(5)(A) A description of how the State educational agency

will coordinate professional development activities authorized

under this part with professional development activities provided under other Federal, State, and local programs. ‘‘(B) A description of the comprehensive strategy that the

State educational agency will use, as part of such coordination

effort, to ensure that teachers are trained in the use of technology so that technology and applications of technology are effectively used in the classroom to improve teaching and learning in all curricula and academic subjects, as appropriate.

‘‘(6) A description of how the State educational agency will

encourage the development of proven, innovative strategies to

deliver intensive professional development programs that are

both cost-effective and easily accessible, such as strategies that

involve delivery through the use of technology, peer networks,

and distance learning.

‘‘(7)(A) A description of how the State educational agency

will ensure compliance with the requirements for professional

development activities described in section 9101 and how the

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activities to be carried out under the grant will be developed

collaboratively and based on the input of teachers, principals,

parents, administrators, paraprofessionals, and other school

personnel.

‘‘(B) In the case of a State in which the State educational

agency is not the entity responsible for teacher professional

standards, certification, and licensing, an assurance that the

State activities carried out under this subpart are carried out

in conjunction with the entity responsible for such standards,

certification, and licensing under State law.

‘‘(8) A description of how the State educational agency will

ensure that the professional development (including teacher

mentoring) needs of teachers will be met using funds under this

subpart and subpart 2.

‘‘(9) A description of the State educational agency’s annual

measurable objectives under section 1119(a)(2).

‘‘(10) A description of how the State educational agency will

use funds under this part to meet the teacher and paraprofessional requirements of section 1119 and how the State educational agency will hold local educational agencies accountable for meeting the annual measurable objectives described in

section 1119(a)(2).

‘‘(11) In the case of a State that has a charter school law

that exempts teachers from State certification and licensing requirements, the specific portion of the State law that provides

for the exemption.

‘‘(12) An assurance that the State educational agency will

comply with section 9501 (regarding participation by private

school children and teachers).

‘‘(c) DEEMED APPROVAL.—An application submitted by a State

educational agency pursuant to subsection (a) shall be deemed to be

approved by the Secretary unless the Secretary makes a written determination, prior to the expiration of the 120-day period beginning

on the date on which the Secretary received the application, that the

application is not in compliance with this subpart.

‘‘(d) DISAPPROVAL.—The Secretary shall not finally disapprove

the application, except after giving the State educational agency notice and an opportunity for a hearing.

‘‘(e) NOTIFICATION.—If the Secretary finds that the application

is not in compliance, in whole or in part, with this subpart, the Secretary shall—

‘‘(1) give the State educational agency notice and an opportunity for a hearing; and

‘‘(2) notify the State educational agency of the finding of

noncompliance and, in such notification, shall—

‘‘(A) cite the specific provisions in the application that

are not in compliance; and

‘‘(B) request additional information, only as to the noncompliant provisions, needed to make the application compliant.

‘‘(f) RESPONSE.—If the State educational agency responds to the

Secretary’s notification described in subsection (e)(2) during the 45-

day period beginning on the date on which the agency received the

notification, and resubmits the application with the requested inforVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00208 Fmt 6659 Sfmt 6603 E:\HR\OC\A334HR.073 pfrm07 PsN: A334HR
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mation described in subsection (e)(2)(B), the Secretary shall approve

or disapprove such application prior to the later of—

‘‘(1) the expiration of the 45-day period beginning on the

date on which the application is resubmitted; or

‘‘(2) the expiration of the 120-day period described in subsection (c).

‘‘(g) FAILURE TO RESPOND.—If the State educational agency

does not respond to the Secretary’s notification described in subsection (e)(2) during the 45-day period beginning on the date on

which the agency received the notification, such application shall be

deemed to be disapproved.

‘‘SEC. 2113. STATE USE OF FUNDS.

‘‘(a) IN GENERAL.—A State that receives a grant under section

2111 shall—

‘‘(1) reserve 95 percent of the funds made available through

the grant to make subgrants to local educational agencies as described in subpart 2;

‘‘(2) reserve 2.5 percent (or, for a fiscal year described in

subsection (b), the percentage determined under subsection (b))

of the funds to make subgrants to local partnerships as described in subpart 3; and

‘‘(3) use the remainder of the funds for State activities described in subsection (c).

‘‘(b) SPECIAL RULE.—For any fiscal year for which the total

amount that would be reserved by all States under subsection (a)(2),

if the States applied a 2.5 percentage rate, exceeds $125,000,000, the

Secretary shall determine an alternative percentage that the States

shall apply for that fiscal year under subsection (a)(2) so that the

total amount reserved by all States under subsection (a)(2) equals

$125,000,000.

‘‘(c) STATE ACTIVITIES.—The State educational agency for a

State that receives a grant under section 2111 shall use the funds

described in subsection (a)(3) to carry out one or more of the following activities, which may be carried out through a grant or contract with a for-profit or nonprofit entity:

‘‘(1) Reforming teacher and principal certification (including recertification) or licensing requirements to ensure that—

‘‘(A)(i) teachers have the necessary subject matter

knowledge and teaching skills in the academic subjects that

the teachers teach; and

‘‘(ii) principals have the instructional leadership skills

to help teachers teach and students learn;

‘‘(B) teacher certification (including recertification) or

licensing requirements are aligned with challenging State

academic content standards; and

‘‘(C) teachers have the subject matter knowledge and

teaching skills, including technology literacy, and principals have the instructional leadership skills, necessary to

help students meet challenging State student academic

achievement standards.

‘‘(2) Carrying out programs that provide support to teachers

or principals, including support for teachers and principals new

to their profession, such as programs that—

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‘‘(A) provide teacher mentoring, team teaching, reduced

class schedules, and intensive professional development;

and ‘‘(B) use standards or assessments for guiding beginning teachers that are consistent with challenging State

student academic achievement standards and with the requirements for professional development activities described

in section 9101.

‘‘(3) Carrying out programs that establish, expand, or improve alternative routes for State certification of teachers and

principals, especially in the areas of mathematics and science,

for highly qualified individuals with a baccalaureate or master’s degree, including mid-career professionals from other occupations, paraprofessionals, former military personnel, and recent college or university graduates with records of academic

distinction who demonstrate the potential to become highly effective teachers or principals. ‘‘(4) Developing and implementing mechanisms to assist

local educational agencies and schools in effectively recruiting

and retaining highly qualified teachers, including specialists in

core academic subjects, principals, and pupil services personnel,

except that funds made available under this paragraph may be

used for pupil services personnel only— ‘‘(A) if the State educational agency is making progress

toward meeting the annual measurable objectives described

in section 1119(a)(2); and ‘‘(B) in a manner consistent with mechanisms to assist

local educational agencies and schools in effectively recruiting and retaining highly qualified teachers and principals.

‘‘(5) Reforming tenure systems, implementing teacher testing for subject matter knowledge, and implementing teacher

testing for State certification or licensing, consistent with title

II of the Higher Education Act of 1965. ‘‘(6) Providing professional development for teachers and

principals and, in cases in which a State educational agency

determines support to be appropriate, supporting the participation of pupil services personnel in the same type of professional

development activities as are made available to teachers and

principals.

‘‘(7) Developing systems to measure the effectiveness of specific professional development programs and strategies to document gains in student academic achievement or increases in

teacher mastery of the academic subjects the teachers teach.

‘‘(8) Fulfilling the State educational agency’s responsibilities concerning proper and efficient administration of the programs carried out under this part, including provision of technical assistance to local educational agencies.

‘‘(9) Funding projects to promote reciprocity of teacher and

principal certification or licensing between or among States, except that no reciprocity agreement developed under this paragraph or developed using funds provided under this part may

lead to the weakening of any State teaching certification or licensing requirement.

‘‘(10) Developing or assisting local educational agencies in

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liver intensive professional development programs that are both

cost-effective and easily accessible, such as strategies that involve delivery through the use of technology, peer networks, and

distance learning. ‘‘(11) Encouraging and supporting the training of teachers

and administrators to effectively integrate technology into curricula and instruction, including training to improve the ability

to collect, manage, and analyze data to improve teaching, decisionmaking, school improvement efforts, and accountability. ‘‘(12) Developing, or assisting local educational agencies in

developing, merit-based performance systems, and strategies

that provide differential and bonus pay for teachers in highneed academic subjects such as reading, mathematics, and

science and teachers in high-poverty schools and districts. ‘‘(13) Providing assistance to local educational agencies for

the development and implementation of professional development programs for principals that enable the principals to be

effective school leaders and prepare all students to meet challenging State academic content and student academic achievement standards, and the development and support of school

leadership academies to help exceptionally talented aspiring or

current principals and superintendents become outstanding

managers and educational leaders. ‘‘(14) Developing, or assisting local educational agencies in

developing, teacher advancement initiatives that promote professional growth and emphasize multiple career paths (such as

paths to becoming a career teacher, mentor teacher, or exemplary teacher) and pay differentiation. ‘‘(15) Providing assistance to teachers to enable them to

meet certification, licensing, or other requirements needed to become highly qualified by the end of the fourth year for which

the State receives funds under this part (as amended by the No

Child Left Behind Act of 2001). ‘‘(16) Supporting activities that ensure that teachers are

able to use challenging State academic content standards and

student academic achievement standards, and State assessments, to improve instructional practices and improve student

academic achievement.

‘‘(17) Funding projects and carrying out programs to encourage men to become elementary school teachers.

‘‘(18) Establishing and operating a center that—

‘‘(A) serves as a statewide clearinghouse for the recruitment and placement of kindergarten, elementary school,

and secondary school teachers; and

‘‘(B) establishes and carries out programs to improve

teacher recruitment and retention within the State.

‘‘(d) ADMINISTRATIVE COSTS.—A State educational agency or

State agency for higher education receiving a grant under this part

may use not more than 1 percent of the grant funds for planning

and administration related to carrying out activities under subsection (c) and subpart 3. ‘‘(e) COORDINATION.—A State that receives a grant to carry out

this subpart and a grant under section 202 of the Higher Education

Act of 1965 shall coordinate the activities carried out under this

subpart and the activities carried out under that section.

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‘‘(f) SUPPLEMENT, NOT SUPPLANT.—Funds received under this

subpart shall be used to supplement, and not supplant, non-Federal

funds that would otherwise be used for activities authorized under

this subpart.

‘‘Subpart 2—Subgrants to Local Educational Agencies

‘‘SEC. 2121. ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.

‘‘(a) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.— ‘‘(1) IN GENERAL.—The Secretary may make a grant to a

State under subpart 1 only if the State educational agency

agrees to distribute the funds described in this subsection as

subgrants to local educational agencies under this subpart. ‘‘(2) HOLD HARMLESS.— ‘‘(A) IN GENERAL.—From the funds reserved by a State

under section 2113(a)(1), the State educational agency shall

allocate to each local educational agency in the State an

amount equal to the total amount that such agency received

for fiscal year 2001 under— ‘‘(i) section 2203(1)(B) of this Act (as in effect on

the day before the date of enactment of the No Child

Left Behind Act of 2001); and ‘‘(ii) section 306 of the Department of Education

Appropriations Act, 2001 (as enacted into law by section 1(a)(1) of Public Law 106–554). ‘‘(B) NONPARTICIPATING AGENCIES.—In the case of a

local educational agency that did not receive any funds for

fiscal year 2001 under one or both of the provisions referred

to in clauses (i) and (ii) of subparagraph (A), the amount

allocated to the agency under such subparagraph shall be

the total amount that the agency would have received for

fiscal year 2001 if the agency had elected to participate in

all of the programs for which the agency was eligible under

each of the provisions referred to in those clauses. ‘‘(C) RATABLE REDUCTION.—If the funds described in

subparagraph (A) are insufficient to pay the full amounts

that all local educational agencies in the State are eligible

to receive under subparagraph (A) for any fiscal year, the

State educational agency shall ratably reduce such

amounts for the fiscal year.

‘‘(3) ALLOCATION OF ADDITIONAL FUNDS.—For any fiscal

year for which the funds reserved by a State under section

2113(a)(1) exceed the total amount required to make allocations

under paragraph (2), the State educational agency shall allocate to each of the eligible local educational agencies in the

State the sum of— ‘‘(A) an amount that bears the same relationship to 20

percent of the excess amount as the number of individuals

age 5 through 17 in the geographic area served by the agency, as determined by the Secretary on the basis of the most

recent satisfactory data, bears to the number of those individuals in the geographic areas served by all the local educational agencies in the State, as so determined; and

‘‘(B) an amount that bears the same relationship to 80

percent of the excess amount as the number of individuals

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erty line in the geographic area served by the agency, as determined by the Secretary on the basis of the most recent

satisfactory data, bears to the number of those individuals

in the geographic areas served by all the local educational

agencies in the State, as so determined.

‘‘SEC. 2122. LOCAL APPLICATIONS AND NEEDS ASSESSMENT.

‘‘(a) IN GENERAL.—To be eligible to receive a subgrant under

this subpart, a local educational agency shall submit an application

to the State educational agency at such time, in such manner, and

containing such information as the State educational agency may

reasonably require.

‘‘(b) CONTENTS.—Each application submitted under this section

shall be based on the needs assessment required in subsection (c)

and shall include the following:

‘‘(1)(A) A description of the activities to be carried out by

the local educational agency under this subpart and how these

activities will be aligned with—

‘‘(i) challenging State academic content standards and

student academic achievement standards, and State assessments; and

‘‘(ii) the curricula and programs tied to the standards

described in clause (i).

‘‘(B) A description of how the activities will be based on a

review of scientifically based research and an explanation of

why the activities are expected to improve student academic

achievement.

‘‘(2) A description of how the activities will have a substantial, measurable, and positive impact on student academic

achievement and how the activities will be used as part of a

broader strategy to eliminate the achievement gap that separates low-income and minority students from other students.

‘‘(3) An assurance that the local educational agency will

target funds to schools within the jurisdiction of the local educational agency that—

‘‘(A) have the lowest proportion of highly qualified

teachers;

‘‘(B) have the largest average class size; or

‘‘(C) are identified for school improvement under section 1116(b).

‘‘(4) A description of how the local educational agency will

coordinate professional development activities authorized under

this subpart with professional development activities provided

through other Federal, State, and local programs.

‘‘(5) A description of the professional development activities

that will be made available to teachers and principals under

this subpart and how the local educational agency will ensure

that the professional development (which may include teacher

mentoring) needs of teachers and principals will be met using

funds under this subpart.

‘‘(6) A description of how the local educational agency will

integrate funds under this subpart with funds received under

part D that are used for professional development to train

teachers to integrate technology into curricula and instruction

to improve teaching, learning, and technology literacy.

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‘‘(7) A description of how the local educational agency,

teachers, paraprofessionals, principals, other relevant school

personnel, and parents have collaborated in the planning of activities to be carried out under this subpart and in the preparation of the application.

‘‘(8) A description of the results of the needs assessment described in subsection (c).

‘‘(9) A description of how the local educational agency will

provide training to enable teachers to—

‘‘(A) teach and address the needs of students with different learning styles, particularly students with disabilities, students with special learning needs (including students who are gifted and talented), and students with limited English proficiency;

‘‘(B) improve student behavior in the classroom and

identify early and appropriate interventions to help students described in subparagraph (A) learn;

‘‘(C) involve parents in their child’s education; and

‘‘(D) understand and use data and assessments to improve classroom practice and student learning.

‘‘(10) A description of how the local educational agency will

use funds under this subpart to meet the requirements of section

1119.

‘‘(11) An assurance that the local educational agency will

comply with section 9501 (regarding participation by private

school children and teachers).

‘‘(c) NEEDS ASSESSMENT.—

‘‘(1) IN GENERAL.—To be eligible to receive a subgrant

under this subpart, a local educational agency shall conduct an

assessment of local needs for professional development and hiring, as identified by the local educational agency and school

staff.

‘‘(2) REQUIREMENTS.—Such needs assessment shall be conducted with the involvement of teachers, including teachers participating in programs under part A of title I, and shall take

into account the activities that need to be conducted in order to

give teachers the means, including subject matter knowledge

and teaching skills, and to give principals the instructional

leadership skills to help teachers, to provide students with the

opportunity to meet challenging State and local student academic achievement standards.

‘‘SEC. 2123. LOCAL USE OF FUNDS.

‘‘(a) IN GENERAL.—A local educational agency that receives a

subgrant under section 2121 shall use the funds made available

through the subgrant to carry out one or more of the following activities, including carrying out the activities through a grant or contract with a for-profit or nonprofit entity:

‘‘(1) Developing and implementing mechanisms to assist

schools in effectively recruiting and retaining highly qualified

teachers, including specialists in core academic subjects, principals, and pupil services personnel, except that funds made

available under this paragraph may be used for pupil services

personnel only—

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‘‘(A) if the local educational agency is making progress

toward meeting the annual measurable objectives described

in section 1119(a)(2); and

‘‘(B) in a manner consistent with mechanisms to assist

schools in effectively recruiting and retaining highly qualified teachers and principals.

‘‘(2) Developing and implementing initiatives to assist in recruiting highly qualified teachers (particularly initiatives that

have proven effective in retaining highly qualified teachers),

and hiring highly qualified teachers, who will be assigned

teaching positions within their fields, including—

‘‘(A) providing scholarships, signing bonuses, or other

financial incentives, such as differential pay, for teachers to

teach—

‘‘(i) in academic subjects in which there exists a

shortage of highly qualified teachers within a school or

within the local educational agency; and

‘‘(ii) in schools in which there exists a shortage of

highly qualified teachers;

‘‘(B) recruiting and hiring highly qualified teachers to

reduce class size, particularly in the early grades; and

‘‘(C) establishing programs that—

‘‘(i) train and hire regular and special education

teachers (which may include hiring special education

teachers to team-teach in classrooms that contain both

children with disabilities and nondisabled children);

‘‘(ii) train and hire highly qualified teachers of special needs children, as well as teaching specialists in

core academic subjects who will provide increased individualized instruction to students;

‘‘(iii) recruit qualified professionals from other

fields, including highly qualified paraprofessionals,

and provide such professionals with alternative routes

to teacher certification, including developing and implementing hiring policies that ensure comprehensive

recruitment efforts as a way to expand the applicant

pool, such as through identifying teachers certified

through alternative routes, and using a system of intensive screening designed to hire the most qualified

applicants; and

‘‘(iv) provide increased opportunities for minorities,

individuals with disabilities, and other individuals

underrepresented in the teaching profession.

‘‘(3) Providing professional development activities—

‘‘(A) that improve the knowledge of teachers and principals and, in appropriate cases, paraprofessionals,

concerning—

‘‘(i) one or more of the core academic subjects that

the teachers teach; and

‘‘(ii) effective instructional strategies, methods, and

skills, and use of challenging State academic content

standards and student academic achievement standards, and State assessments, to improve teaching practices and student academic achievement; and

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‘‘(B) that improve the knowledge of teachers and principals and, in appropriate cases, paraprofessionals, concerning effective instructional practices and that—

‘‘(i) involve collaborative groups of teachers and

administrators;

‘‘(ii) provide training in how to teach and address

the needs of students with different learning styles,

particularly students with disabilities, students with

special learning needs (including students who are gifted and talented), and students with limited English

proficiency;

‘‘(iii) provide training in methods of—

‘‘(I) improving student behavior in the classroom; and

‘‘(II) identifying early and appropriate interventions to help students described in clause (ii)

learn;

‘‘(iv) provide training to enable teachers and principals to involve parents in their child’s education, especially parents of limited English proficient and immigrant children; and

‘‘(v) provide training on how to understand and

use data and assessments to improve classroom practice and student learning.

‘‘(4) Developing and implementing initiatives to promote retention of highly qualified teachers and principals, particularly

within elementary schools and secondary schools with a high

percentage of low-achieving students, including programs that

provide—

‘‘(A) teacher mentoring from exemplary teachers, principals, or superintendents;

‘‘(B) induction and support for teachers and principals

during their first 3 years of employment as teachers or

principals, respectively;

‘‘(C) incentives, including financial incentives, to retain

teachers who have a record of success in helping lowachieving students improve their academic achievement; or

‘‘(D) incentives, including financial incentives, to principals who have a record of improving the academic

achievement of all students, but particularly students from

economically disadvantaged families, students from racial

and ethnic minority groups, and students with disabilities.

‘‘(5) Carrying out programs and activities that are designed

to improve the quality of the teacher force, such as—

‘‘(A) innovative professional development programs

(which may be provided through partnerships including institutions of higher education), including programs that

train teachers and principals to integrate technology into

curricula and instruction to improve teaching, learning,

and technology literacy, are consistent with the requirements of section 9101, and are coordinated with activities

carried out under part D;

‘‘(B) development and use of proven, cost-effective strategies for the implementation of professional development

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activities, such as through the use of technology and distance learning;

‘‘(C) tenure reform;

‘‘(D) merit pay programs; and

‘‘(E) testing of elementary school and secondary school

teachers in the academic subjects that the teachers teach.

‘‘(6) Carrying out professional development activities designed to improve the quality of principals and superintendents,

including the development and support of academies to help

talented aspiring or current principals and superintendents become outstanding managers and educational leaders.

‘‘(7) Hiring highly qualified teachers, including teachers

who become highly qualified through State and local alternative routes to certification, and special education teachers, in

order to reduce class size, particularly in the early grades.

‘‘(8) Carrying out teacher advancement initiatives that promote professional growth and emphasize multiple career paths

(such as paths to becoming a career teacher, mentor teacher, or

exemplary teacher) and pay differentiation.

‘‘(10) Carrying out programs and activities related to exemplary teachers.

‘‘(b) SUPPLEMENT, NOT SUPPLANT.—Funds received under this

subpart shall be used to supplement, and not supplant, non-Federal

funds that would otherwise be used for activities authorized under

this subpart.

‘‘Subpart 3—Subgrants to Eligible Partnerships

‘‘SEC. 2131. DEFINITIONS.

‘‘In this subpart:

‘‘(1) ELIGIBLE PARTNERSHIP.—The term ‘eligible partnership’ means an entity that—

‘‘(A) shall include—

‘‘(i) a private or State institution of higher education and the division of the institution that prepares

teachers and principals;

‘‘(ii) a school of arts and sciences; and

‘‘(iii) a high-need local educational agency; and

‘‘(B) may include another local educational agency, a

public charter school, an elementary school or secondary

school, an educational service agency, a nonprofit educational organization, another institution of higher education, a school of arts and sciences within such an institution, the division of such an institution that prepares teachers and principals, a nonprofit cultural organization, an

entity carrying out a prekindergarten program, a teacher

organization, a principal organization, or a business.

‘‘(2) LOW-PERFORMING SCHOOL.—The term ‘low-performing

school’ means an elementary school or secondary school that is

identified under section 1116.

‘‘SEC. 2132. SUBGRANTS.

‘‘(a) IN GENERAL.—The State agency for higher education for a

State that receives a grant under section 2111, working in conjunction with the State educational agency (if such agencies are separate), shall use the funds reserved under section 2113(a)(2) to make

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subgrants, on a competitive basis, to eligible partnerships to enable

such partnerships to carry out the activities described in section

2134.

‘‘(b) DISTRIBUTION.—The State agency for higher education

shall ensure that—

‘‘(1) such subgrants are equitably distributed by geographic

area within a State; or

‘‘(2) eligible partnerships in all geographic areas within the

State are served through the subgrants.

‘‘(c) SPECIAL RULE.—No single participant in an eligible partnership may use more than 50 percent of the funds made available

to the partnership under this section.

‘‘SEC. 2133. APPLICATIONS.

‘‘To be eligible to receive a subgrant under this subpart, an eligible partnership shall submit an application to the State agency

for higher education at such time, in such manner, and containing

such information as the agency may require.

‘‘SEC. 2134. USE OF FUNDS.

‘‘(a) IN GENERAL.—An eligible partnership that receives a

subgrant under section 2132 shall use the subgrant funds for—

‘‘(1) professional development activities in core academic

subjects to ensure that—

‘‘(A) teachers and highly qualified paraprofessionals,

and, if appropriate, principals have subject matter knowledge in the academic subjects that the teachers teach, including the use of computer related technology to enhance

student learning; and

‘‘(B) principals have the instructional leadership skills

that will help such principals work most effectively with

teachers to help students master core academic subjects;

and

‘‘(2) developing and providing assistance to local educational agencies and individuals who are teachers, highly

qualified paraprofessionals, or principals of schools served by

such agencies, for sustained, high-quality professional development activities that—

‘‘(A) ensure that the individuals are able to use challenging State academic content standards and student academic achievement standards, and State assessments, to

improve instructional practices and improve student academic achievement;

‘‘(B) may include intensive programs designed to prepare such individuals who will return to a school to provide instruction related to the professional development described in subparagraph (A) to other such individuals within such school; and

‘‘(C) may include activities of partnerships between one

or more local educational agencies, one or more schools

served by such local educational agencies, and one or more

institutions of higher education for the purpose of improving teaching and learning at low-performing schools.

‘‘(b) COORDINATION.—An eligible partnership that receives a

subgrant to carry out this subpart and a grant under section 203

of the Higher Education Act of 1965 shall coordinate the activities

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carried out under this subpart and the activities carried out under

that section 203.

‘‘Subpart 4—Accountability

‘‘SEC. 2141. TECHNICAL ASSISTANCE AND ACCOUNTABILITY.

‘‘(a) IMPROVEMENT PLAN.—After the second year of the plan described in section 1119(a)(2), if a State educational agency determines, based on the reports described in section 1119(b)(1), that a

local educational agency in the State has failed to make progress toward meeting the annual measurable objectives described in section

1119(a)(2), for 2 consecutive years, such local educational agency

shall develop an improvement plan that will enable the agency to

meet such annual measurable objectives and that specifically addresses issues that prevented the agency from meeting such annual

measurable objectives. ‘‘(b) TECHNICAL ASSISTANCE.—During the development of the

improvement plan described in subsection (a) and throughout implementation of the plan, the State educational agency shall— ‘‘(1) provide technical assistance to the local educational

agency; and ‘‘(2) provide technical assistance, if applicable, to schools

served by the local educational agency that need assistance to

enable the local educational agency to meet the annual measurable objectives described in section 1119(a)(2).

‘‘(c) ACCOUNTABILITY.—After the third year of the plan described in section 1119(a)(2), if the State educational agency determines, based on the reports described in section 1119(b)(1), that the

local educational agency has failed to make progress toward meeting the annual measurable objectives described in section

1119(a)(2), and has failed to make adequate yearly progress as described under section 1111(b)(2)(B), for 3 consecutive years, the

State educational agency shall enter into an agreement with such

local educational agency on the use of that agency’s funds under

this part. As part of this agreement, the State educational agency— ‘‘(1) shall develop, in conjunction with the local educational

agency, teachers, and principals, professional development

strategies and activities, based on scientifically based research,

that the local educational agency will use to meet the annual

measurable objectives described in section 1119(a)(2) and require such agency to utilize such strategies and activities; and ‘‘(2)(A) except as provided in subparagraphs (B) and (C),

shall prohibit the use of funds received under part A of title I

to fund any paraprofessional hired after the date such determination is made; ‘‘(B) shall allow the use of such funds to fund a paraprofessional hired after that date if the local educational agency can

demonstrate that the hiring is to fill a vacancy created by the

departure of another paraprofessional funded under title I and

such new paraprofessional satisfies the requirements of section

1119(c); and ‘‘(C) may allow the use of such funds to fund a paraprofessional hired after that date if the local educational agency can

demonstrate— ‘‘(i) that a significant influx of population has substantially increased student enrollment; or

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‘‘(ii) that there is an increased need for translators or

assistance with parental involvement activities.

‘‘(d) SPECIAL RULE.—During the development of the strategies

and activities described in subsection (c)(1), the State educational

agency shall, in conjunction with the local educational agency, provide from funds allocated to such local educational agency under

subpart 2 directly to one or more schools served by such local educational agency, to enable teachers at the schools to choose, with

continuing consultation with the principal involved, professional development activities that—

‘‘(1) meet the requirements for professional development activities described in section 9101; and

‘‘(2) are coordinated with other reform efforts at the schools.

‘‘Subpart 5—National Activities

‘‘SEC. 2151. NATIONAL ACTIVITIES OF DEMONSTRATED EFFECTIVENESS.

‘‘(a) NATIONAL TEACHER RECRUITMENT CAMPAIGN.—The Secretary is authorized to establish and carry out a national teacher recruitment campaign, which may include activities carried out

through the National Teacher Recruitment Clearinghouse, to assist

high-need local educational agencies in recruiting teachers (particularly those activities that are effective in retaining new teachers)

and training teachers and to conduct a national public service campaign concerning the resources for, and the routes to, entering the

field of teaching. In carrying out the campaign, the Secretary may

promote and link the activities of the campaign to the information

and referral activities of the National Teacher Recruitment Clearinghouse. The Secretary shall coordinate activities under this subsection with State and regional recruitment activities.

‘‘(b) SCHOOL LEADERSHIP.—

‘‘(1) IN GENERAL.—The Secretary is authorized to establish

and carry out a national principal recruitment program to assist high-need local educational agencies in recruiting and

training principals (including assistant principals) through

such activities as—

‘‘(A) providing financial incentives to aspiring new

principals;

‘‘(B) providing stipends to principals who mentor new

principals;

‘‘(C) carrying out professional development programs in

instructional leadership and management; and

‘‘(D) providing incentives that are appropriate for

teachers or individuals from other fields who want to become principals and that are effective in retaining new

principals.

‘‘(2) GRANTS.—If the Secretary uses sums made available

under section 2103(b) to carry out paragraph (1), the Secretary

shall carry out such paragraph by making grants, on a competitive basis, to—

‘‘(A) high-need local educational agencies;

‘‘(B) consortia of high-need local educational agencies;

and

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‘‘(C) partnerships of high-need local educational agencies, nonprofit organizations, and institutions of higher

education. ‘‘(c) ADVANCED CERTIFICATION OR ADVANCED CREDENTIALING.— ‘‘(1) IN GENERAL.—The Secretary is authorized to support

activities to encourage and support teachers seeking advanced

certification or advanced credentialing through high quality

professional teacher enhancement programs designed to improve teaching and learning. ‘‘(2) IMPLEMENTATION.—In carrying out paragraph (1), the

Secretary shall make grants to eligible entities to— ‘‘(A) develop teacher standards that include measures

tied to increased student academic achievement; and ‘‘(B) promote outreach, teacher recruitment, teacher

subsidy, or teacher support programs, related to teacher

certification or credentialing by the National Board for Professional Teaching Standards, the National Council on

Teacher Quality, or other nationally recognized certification

or credentialing organizations.

‘‘(3) ELIGIBLE ENTITIES.—In this subsection, the term ‘eligible entity’ includes— ‘‘(A) a State educational agency;

‘‘(B) a local educational agency;

‘‘(C) the National Board for Professional Teaching

Standards, in partnership with a high-need local educational agency or a State educational agency; ‘‘(D) the National Council on Teacher Quality, in partnership with a high-need local educational agency or a

State educational agency; or ‘‘(E) another recognized entity, including another recognized certification or credentialing organization, in partnership with a high-need local educational agency or a State

educational agency. ‘‘(d) SPECIAL EDUCATION TEACHER TRAINING.—The Secretary is

authorized to award a grant to the University of Northern Colorado

to enable such university to provide, to other institutions of higher

education, assistance in training special education teachers.

‘‘(e) EARLY CHILDHOOD EDUCATOR PROFESSIONAL DEVELOP- MENT.— ‘‘(1) PURPOSE.—The purpose of this subsection is to enhance

the school readiness of young children, particularly disadvantaged young children, and to prevent young children from encountering difficulties once the children enter school, by improving the knowledge and skills of early childhood educators who

work in communities that have high concentrations of children

living in poverty.

‘‘(2) PROGRAM AUTHORIZED.—

‘‘(A) GRANTS TO PARTNERSHIPS.—The Secretary is authorized to carry out the purpose of this subsection by

awarding grants, on a competitive basis, to partnerships

consisting of—

‘‘(i)(I) one or more institutions of higher education

that provide professional development for early childhood educators who work with children from low-income families in high-need communities; or

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‘‘(II) another public or private entity that provides

such professional development;

‘‘(ii) one or more public agencies (including local

educational agencies, State educational agencies, State

human services agencies, and State and local agencies

administering programs under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et

seq.), Head Start agencies, or private organizations;

and

‘‘(iii) to the extent feasible, an entity with demonstrated experience in providing training to educators

in early childhood education programs concerning

identifying and preventing behavior problems or working with children identified as or suspected to be victims of abuse.

‘‘(B) DURATION AND NUMBER OF GRANTS.—

‘‘(i) DURATION.—The Secretary shall award grants

under this subsection for periods of not more than 4

years.

‘‘(ii) NUMBER.—No partnership may receive more

than one grant under this subsection.

‘‘(3) APPLICATIONS.—

‘‘(A) APPLICATIONS REQUIRED.—Any partnership that

desires to receive a grant under this subsection shall submit an application to the Secretary at such time, in such

manner, and containing such information as the Secretary

may require.

‘‘(B) CONTENTS.—Each such application shall

include—

‘‘(i) a description of the high-need community to be

served by the project proposed to be carried out through

the grant, including such demographic and socioeconomic information as the Secretary may request;

‘‘(ii) information on the quality of the early childhood educator professional development program currently conducted (as of the date of the submission of

the application) by the institution of higher education

or another provider in the partnership;

‘‘(iii) the results of a needs assessment that the entities in the partnership have undertaken to determine

the most critical professional development needs of the

early childhood educators to be served by the partnership and in the broader community, and a description

of how the proposed project will address those needs;

‘‘(iv) a description of how the proposed project will

be carried out, including a description of—

‘‘(I) how individuals will be selected to participate;

‘‘(II) the types of professional development activities, based on scientifically based research, that

will be carried out;

‘‘(III) how research on effective professional development and on adult learning will be used to

design and deliver project activities;

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‘‘(IV) how the project will be coordinated with

and build on, and will not supplant or duplicate,

early childhood education professional development activities in the high-need community; ‘‘(V) how the project will train early childhood

educators to provide developmentally appropriate

school-readiness services that are based on the best

available research on early childhood pedagogy

and child development and learning domains; ‘‘(VI) how the project will train early childhood

educators to meet the diverse educational needs of

children in the community, including children who

have limited English proficiency, children with

disabilities, or children with other special needs;

and ‘‘(VII) how the project will train early childhood educators in identifying and preventing behavioral problems in children or working with

children identified as or suspected to be victims of

abuse;

‘‘(v) a description of— ‘‘(I) the specific objectives that the partnership

will seek to attain through the project, and the

methods that the partnership will use to measure

progress toward attainment of those objectives; and ‘‘(II) how the objectives and the measurement

methods align with the achievement indicators established by the Secretary under paragraph (6)(A);

‘‘(vi) a description of the partnership’s plan for continuing the activities carried out under the project after

Federal funding ceases; ‘‘(vii) an assurance that, where applicable, the

project will provide appropriate professional development to volunteers working directly with young children, as well as to paid staff; and

‘‘(viii) an assurance that, in developing the application and in carrying out the project, the partnership

has consulted with, and will consult with, relevant

agencies, early childhood educator organizations, and

early childhood providers that are not members of the

partnership.

‘‘(4) SELECTION OF GRANT RECIPIENTS.—

‘‘(A) CRITERIA.—The Secretary shall select partnerships

to receive grants under this subsection on the basis of the

degree to which the communities proposed to be served require assistance and the quality of the applications submitted under paragraph (3).

‘‘(B) GEOGRAPHIC DISTRIBUTION.—In selecting partnerships to receive grants under this subsection, the Secretary

shall seek to ensure that communities in different regions

of the Nation, as well as both urban and rural communities, are served.

‘‘(5) USES OF FUNDS.—

‘‘(A) IN GENERAL.—Each partnership receiving a grant

under this subsection shall use the grant funds to carry out

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activities that will improve the knowledge and skills of

early childhood educators who are working in early childhood programs that are located in high-need communities

and serve concentrations of children from low-income families.

‘‘(B) ALLOWABLE ACTIVITIES.—Such activities may

include—

‘‘(i) professional development for early childhood

educators, particularly to familiarize those educators

with the application of recent research on child, language, and literacy development and on early childhood pedagogy;

‘‘(ii) professional development for early childhood

educators in working with parents, so that the educators and parents can work together to provide and

support developmentally appropriate school-readiness

services that are based on scientifically based research

on early childhood pedagogy and child development

and learning domains;

‘‘(iii) professional development for early childhood

educators to work with children who have limited

English proficiency, children with disabilities, and

children with other special needs;

‘‘(iv) professional development to train early childhood educators in identifying and preventing behavioral problems in children or working with children

identified as or suspected to be victims of abuse;

‘‘(v) activities that assist and support early childhood educators during their first 3 years in the field;

‘‘(vi) development and implementation of early

childhood educator professional development programs

that make use of distance learning and other technologies;

‘‘(vii) professional development activities related to

the selection and use of screening and diagnostic assessments to improve teaching and learning; and

‘‘(viii) data collection, evaluation, and reporting

needed to meet the requirements of paragraph (6) relating to accountability.

‘‘(6) ACCOUNTABILITY.—

‘‘(A) ACHIEVEMENT INDICATORS.—On the date on which

the Secretary first issues a notice soliciting applications for

grants under this subsection, the Secretary shall announce

achievement indicators for this subsection, which shall be

designed—

‘‘(i) to measure the quality and accessibility of the

professional development provided;

‘‘(ii) to measure the impact of that professional development on the early childhood education provided

by the individuals who receive the professional development; and

‘‘(iii) to provide such other measures of program

impact as the Secretary determines to be appropriate.

‘‘(B) ANNUAL REPORTS; TERMINATION.—

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‘‘(i) ANNUAL REPORTS.—Each partnership receiving

a grant under this subsection shall report annually to

the Secretary on the partnership’s progress toward attaining the achievement indicators. ‘‘(ii) TERMINATION.—The Secretary may terminate

a grant under this subsection at any time if the Secretary determines that the partnership receiving the

grant is not making satisfactory progress toward attaining the achievement indicators. ‘‘(7) COST-SHARING.— ‘‘(A) IN GENERAL.—Each partnership carrying out a

project through a grant awarded under this subsection

shall provide, from sources other than the program carried

out under this subsection, which may include Federal

sources—

‘‘(i) at least 50 percent of the total cost of the

project for the grant period; and ‘‘(ii) at least 20 percent of the project cost for each

year.

‘‘(B) ACCEPTABLE CONTRIBUTIONS.—A partnership may

meet the requirements of subparagraph (A) by providing

contributions in cash or in kind, fairly evaluated, including

plant, equipment, and services. ‘‘(C) WAIVERS.—The Secretary may waive or modify the

requirements of subparagraph (A) for partnerships in cases

of demonstrated financial hardship.

‘‘(8) FEDERAL COORDINATION.—The Secretary and the Secretary of Health and Human Services shall coordinate activities

carried out through programs under this subsection with activities carried out through other early childhood programs administered by the Secretary or the Secretary of Health and Human

Services. ‘‘(9) DEFINITIONS.—In this subsection: ‘‘(A) EARLY CHILDHOOD EDUCATOR.—The term ‘early

childhood educator’ means a person providing, or employed

by a provider of, nonresidential child care services (including center-based, family-based, and in-home child care

services) that is legally operating under State law, and that

complies with applicable State and local requirements for

the provision of child care services to children at any age

from birth through the age at which a child may start kindergarten in that State.

‘‘(B) HIGH-NEED COMMUNITY.—

‘‘(i) IN GENERAL.—The term ‘high-need community’

means—

‘‘(I) a political subdivision of a State, or a portion of a political subdivision of a State, in which

at least 50 percent of the children are from low-income families; or ‘‘(II) a political subdivision of a State that is

among the 10 percent of political subdivisions of

the State having the greatest numbers of such children.

‘‘(ii) DETERMINATION.—In determining which communities are described in clause (i), the Secretary shall

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use such data as the Secretary determines are most accurate and appropriate.

‘‘(C) LOW-INCOME FAMILY.—The term ‘low-income family’ means a family with an income below the poverty line

for the most recent fiscal year for which satisfactory data

are available. ‘‘(f) TEACHER MOBILITY.— ‘‘(1) ESTABLISHMENT.—The Secretary is authorized to establish a panel to be known as the National Panel on Teacher Mobility (referred to in this subsection as the ‘panel’). ‘‘(2) MEMBERSHIP.—The panel shall be composed of 12

members appointed by the Secretary. The Secretary shall appoint the members from among practitioners and experts with

experience relating to teacher mobility, such as teachers, members of teacher certification or licensing bodies, faculty of institutions of higher education that prepare teachers, and State

policymakers with such experience. ‘‘(3) PERIOD OF APPOINTMENT; VACANCIES.—Members shall

be appointed for the life of the panel. Any vacancy in the panel

shall not affect the powers of the panel, but shall be filled in

the same manner as the original appointment. ‘‘(4) DUTIES.— ‘‘(A) STUDY.— ‘‘(i) IN GENERAL.—The panel shall study strategies

for increasing mobility and employment opportunities

for highly qualified teachers, especially for States with

teacher shortages and States with school districts or

schools that are difficult to staff. ‘‘(ii) DATA AND ANALYSIS.—As part of the study, the

panel shall evaluate the desirability and feasibility of

State initiatives that support teacher mobility by collecting data and conducting effective analysis

concerning—

‘‘(I) teacher supply and demand;

‘‘(II) the development of recruitment and hiring strategies that support teachers; and

‘‘(III) increasing reciprocity of certification and

licensing across States.

‘‘(B) REPORT.—Not later than 1 year after the date on

which all members of the panel have been appointed, the

panel shall submit to the Secretary and to the appropriate

committees of Congress a report containing the results of

the study.

‘‘(5) POWERS.—

‘‘(A) HEARINGS.—The panel may hold such hearings,

sit and act at such times and places, take such testimony,

and receive such evidence as the panel considers advisable

to carry out the objectives of this subsection.

‘‘(B) INFORMATION FROM FEDERAL AGENCIES.—The

panel may secure directly from any Federal department or

agency such information as the panel considers necessary to

carry out the provisions of this subsection. Upon request of

a majority of the members of the panel, the head of such

department or agency shall furnish such information to the

panel.

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‘‘(C) POSTAL SERVICES.—The panel may use the United

States mails in the same manner and under the same conditions as other departments and agencies of the Federal

Government.

‘‘(6) PERSONNEL.—

‘‘(A) TRAVEL EXPENSES.—The members of the panel

shall not receive compensation for the performance of services for the panel, but shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized

for employees of agencies under subchapter I of chapter 57

of title 5, United States Code, while away from their homes

or regular places of business in the performance of services

for the panel. Notwithstanding section 1342 of title 31,

United States Code, the Secretary may accept the voluntary

and uncompensated services of members of the panel.

‘‘(B) DETAIL OF GOVERNMENT EMPLOYEES.—Any Federal Government employee may be detailed to the panel

without reimbursement, and such detail shall be without

interruption or loss of civil service status or privilege.

‘‘(7) PERMANENT COMMITTEE.—Section 14 of the Federal

Advisory Committee Act (5 U.S.C. App.) shall not apply to the

panel.

‘‘PART B—MATHEMATICS AND SCIENCE PARTNERSHIPS

‘‘SEC. 2201. PURPOSE; DEFINITIONS.

‘‘(a) PURPOSE.—The purpose of this part is to improve the academic achievement of students in the areas of mathematics and

science by encouraging State educational agencies, institutions of

higher education, local educational agencies, elementary schools,

and secondary schools to participate in programs that—

‘‘(1) improve and upgrade the status and stature of mathematics and science teaching by encouraging institutions of higher education to assume greater responsibility for improving

mathematics and science teacher education through the establishment of a comprehensive, integrated system of recruiting,

training, and advising mathematics and science teachers;

‘‘(2) focus on the education of mathematics and science

teachers as a career-long process that continuously stimulates

teachers’ intellectual growth and upgrades teachers’ knowledge

and skills;

‘‘(3) bring mathematics and science teachers in elementary

schools and secondary schools together with scientists, mathematicians, and engineers to increase the subject matter knowledge of mathematics and science teachers and improve such

teachers’ teaching skills through the use of sophisticated laboratory equipment and work space, computing facilities, libraries,

and other resources that institutions of higher education are

better able to provide than the elementary schools and secondary schools;

‘‘(4) develop more rigorous mathematics and science curricula that are aligned with challenging State and local academic content standards and with the standards expected for

postsecondary study in engineering, mathematics, and science;

and

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‘‘(5) improve and expand training of mathematics and

science teachers, including training such teachers in the effective integration of technology into curricula and instruction.

‘‘(b) DEFINITIONS.—In this part:

‘‘(1) ELIGIBLE PARTNERSHIP.—The term ‘eligible partnership’ means a partnership that—

‘‘(A) shall include—

‘‘(i) if grants are awarded under section 2202(a)(1),

a State educational agency;

‘‘(ii) an engineering, mathematics, or science department of an institution of higher education; and

‘‘(iii) a high-need local educational agency; and

‘‘(B) may include—

‘‘(i) another engineering, mathematics, science, or

teacher training department of an institution of higher

education;

‘‘(ii) additional local educational agencies, public

charter schools, public or private elementary schools or

secondary schools, or a consortium of such schools;

‘‘(iii) a business; or

‘‘(iv) a nonprofit or for-profit organization of demonstrated effectiveness in improving the quality of

mathematics and science teachers.

‘‘(2) SUMMER WORKSHOP OR INSTITUTE.—The term ‘summer

workshop or institute’ means a workshop or institute, conducted

during the summer, that—

‘‘(A) is conducted for a period of not less than 2 weeks;

‘‘(B) includes, as a component, a program that provides

direct interaction between students and faculty; and

‘‘(C) provides for followup training during the academic year that is conducted in the classroom for a period

of not less than 3 consecutive or nonconsecutive days, except

that—

‘‘(i) if the workshop or institute is conducted during a 2-week period, the followup training shall be conducted for a period of not less than 4 days; and

‘‘(ii) if the followup training is for teachers in rural

school districts, the followup training may be conducted through distance learning.

‘‘SEC. 2202. GRANTS FOR MATHEMATICS AND SCIENCE PARTNERSHIPS.

‘‘(a) GRANTS AUTHORIZED.—

‘‘(1) GRANTS TO PARTNERSHIPS.—For any fiscal year for

which the funds appropriated under section 2203 are less than

$100,000,000, the Secretary is authorized to award grants, on

a competitive basis, to eligible partnerships to carry out the authorized activities described in subsection (c).

‘‘(2) GRANTS TO STATE EDUCATIONAL AGENCIES.—

‘‘(A) IN GENERAL.—For any fiscal year for which the

funds appropriated under section 2203 equal or exceed

$100,000,000—

‘‘(i) if an eligible partnership in the State was previously awarded a grant under paragraph (1), and the

grant period has not ended, the Secretary shall reserve

funds in a sufficient amount to make payments to the

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partnership in accordance with the terms of the grant;

and ‘‘(ii) the Secretary is authorized to award grants to

State educational agencies to enable such agencies to

award subgrants, on a competitive basis, to eligible

partnerships to carry out the authorized activities described in subsection (c).

‘‘(B) ALLOTMENT.—The Secretary shall allot the

amount made available under this part for a fiscal year

and not reserved under subparagraph (A)(i) among the

State educational agencies in proportion to the number of

children, aged 5 to 17, who are from families with incomes

below the poverty line and reside in a State for the most recent fiscal year for which satisfactory data are available, as

compared to the number of such children who reside in all

such States for such year. ‘‘(C) MINIMUM ALLOTMENT.—The amount of any State

educational agency’s allotment under subparagraph (B) for

any fiscal year may not be less than 1⁄2 of 1 percent of the

amount made available under this part for such year.

‘‘(3) DURATION.—The Secretary shall award grants under

this part for a period of 3 years. ‘‘(4) SUPPLEMENT, NOT SUPPLANT.—Funds received under

this part shall be used to supplement, and not supplant, funds

that would otherwise be used for activities authorized under

this part.

‘‘(b) APPLICATION REQUIREMENTS.— ‘‘(1) IN GENERAL.—Each eligible partnership desiring a

grant or subgrant under this part shall submit an

application— ‘‘(A) in the case of grants awarded pursuant to subsection (a)(1), to the Secretary, at such time, in such manner, and accompanied by such information as the Secretary

may require; or

‘‘(B) in the case of subgrants awarded pursuant to subsection (a)(2), to the State educational agency, at such time,

in such manner, and accompanied by such information as

the State educational agency may require.

‘‘(2) CONTENTS.—Each application submitted pursuant to

paragraph (1) shall include— ‘‘(A) the results of a comprehensive assessment of the

teacher quality and professional development needs of any

schools, local educational agencies, and State educational

agencies that comprise the eligible partnership with respect

to the teaching and learning of mathematics and science; ‘‘(B) a description of how the activities to be carried out

by the eligible partnership will be aligned with challenging

State academic content and student academic achievement

standards in mathematics and science and with other educational reform activities that promote student academic

achievement in mathematics and science;

‘‘(C) a description of how the activities to be carried out

by the eligible partnership will be based on a review of scientifically based research, and an explanation of how the

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ment and strengthen the quality of mathematics and

science instruction; ‘‘(D) a description of— ‘‘(i) how the eligible partnership will carry out the

authorized activities described in subsection (c); and ‘‘(ii) the eligible partnership’s evaluation and accountability plan described in subsection (e); and

‘‘(E) a description of how the eligible partnership will

continue the activities funded under this part after the

original grant or subgrant period has expired. ‘‘(c) AUTHORIZED ACTIVITIES.—An eligible partnership shall use

funds provided under this part for one or more of the following activities related to elementary schools or secondary schools: ‘‘(1) Creating opportunities for enhanced and ongoing professional development of mathematics and science teachers that

improves the subject matter knowledge of such teachers. ‘‘(2) Promoting strong teaching skills for mathematics and

science teachers and teacher educators, including integrating

reliable scientifically based research teaching methods and technology-based teaching methods into the curriculum. ‘‘(3) Establishing and operating mathematics and science

summer workshops or institutes, including followup training,

for elementary school and secondary school mathematics and

science teachers that— ‘‘(A) shall— ‘‘(i) directly relate to the curriculum and academic

areas in which the teacher provides instruction, and

focus only secondarily on pedagogy; ‘‘(ii) enhance the ability of the teacher to understand and use the challenging State academic content

standards for mathematics and science and to select

appropriate curricula; and ‘‘(iii) train teachers to use curricula that are— ‘‘(I) based on scientific research;

‘‘(II) aligned with challenging State academic

content standards; and

‘‘(III) object-centered, experiment-oriented, and

concept- and content-based; and

‘‘(B) may include—

‘‘(i) programs that provide teachers and prospective

teachers with opportunities to work under the guidance

of experienced teachers and college faculty;

‘‘(ii) instruction in the use of data and assessments

to inform and instruct classroom practice; and

‘‘(iii) professional development activities, including

supplemental and followup activities, such as curriculum alignment, distance learning, and activities

that train teachers to utilize technology in the classroom.

‘‘(4) Recruiting mathematics, engineering, and science majors to teaching through the use of—

‘‘(A) signing and performance incentives that are linked

to activities proven effective in retaining teachers, for individuals with demonstrated professional experience in mathematics, engineering, or science;

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‘‘(B) stipends provided to mathematics and science

teachers for certification through alternative routes; ‘‘(C) scholarships for teachers to pursue advanced

course work in mathematics, engineering, or science; and ‘‘(D) other programs that the State educational agency

determines to be effective in recruiting and retaining individuals with strong mathematics, engineering, or science

backgrounds.

‘‘(5) Developing or redesigning more rigorous mathematics

and science curricula that are aligned with challenging State

and local academic content standards and with the standards

expected for postsecondary study in mathematics and science. ‘‘(6) Establishing distance learning programs for mathematics and science teachers using curricula that are innovative,

content-based, and based on scientifically based research that is

current as of the date of the program involved. ‘‘(7) Designing programs to prepare a mathematics or

science teacher at a school to provide professional development

to other mathematics or science teachers at the school and to assist beginning and other teachers at the school, including (if applicable) a mechanism to integrate the teacher’s experiences

from a summer workshop or institute into the provision of professional development and assistance. ‘‘(8) Establishing and operating programs to bring mathematics and science teachers into contact with working scientists,

mathematicians, and engineers, to expand such teachers’ subject

matter knowledge of and research in science and mathematics. ‘‘(9) Designing programs to identify and develop exemplary

mathematics and science teachers in the kindergarten through

grade 8 classrooms. ‘‘(10) Training mathematics and science teachers and developing programs to encourage young women and other underrepresented individuals in mathematics and science careers (including engineering and technology) to pursue postsecondary

degrees in majors leading to such careers.

‘‘(d) COORDINATION AND CONSULTATION.— ‘‘(1) PARTNERSHIP GRANTS.—An eligible partnership receiving a grant under section 203 of the Higher Education Act of

1965 shall coordinate the use of such funds with any related activities carried out by such partnership with funds made available under this part. ‘‘(2) NATIONAL SCIENCE FOUNDATION.—In carrying out the

activities authorized by this part, the Secretary shall consult

and coordinate with the Director of the National Science Foundation, particularly with respect to the appropriate roles for the

Department and the Foundation in the conduct of summer

workshops, institutes, or partnerships to improve mathematics

and science teaching in elementary schools and secondary

schools.

‘‘(e) EVALUATION AND ACCOUNTABILITY PLAN.— ‘‘(1) IN GENERAL.—Each eligible partnership receiving a

grant or subgrant under this part shall develop an evaluation

and accountability plan for activities assisted under this part

that includes rigorous objectives that measure the impact of activities funded under this part.

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‘‘(2) CONTENTS.—The plan developed pursuant to paragraph (1)—

‘‘(A) shall include measurable objectives to increase the

number of mathematics and science teachers who participate in content-based professional development activities; ‘‘(B) shall include measurable objectives for improved

student academic achievement on State mathematics and

science assessments or, where applicable, an International

Mathematics and Science Study assessment; and ‘‘(C) may include objectives and measures for— ‘‘(i) increased participation by students in advanced courses in mathematics and science; ‘‘(ii) increased percentages of elementary school

teachers with academic majors or minors, or group majors or minors, in mathematics, engineering, or the

sciences; and ‘‘(iii) increased percentages of secondary school

classes in mathematics and science taught by teachers

with academic majors in mathematics, engineering,

and science. ‘‘(f) REPORT.—Each eligible partnership receiving a grant or

subgrant under this part shall report annually to the Secretary regarding the eligible partnership’s progress in meeting the objectives

described in the accountability plan of the partnership under subsection (e).

‘‘SEC. 2203. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated to carry out this part $450,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years.

‘‘PART C—INNOVATION FOR TEACHER QUALITY

‘‘Subpart 1—Transitions to Teaching

‘‘CHAPTER A—TROOPS-TO-TEACHERS PROGRAM

‘‘SEC. 2301. DEFINITIONS.

‘‘In this chapter: ‘‘(1) ARMED FORCES.—The term ‘Armed Forces’ means the

Army, Navy, Air Force, Marine Corps, and Coast Guard. ‘‘(2) MEMBER OF THE ARMED FORCES.—The term ‘member of

the Armed Forces’ includes a former member of the Armed

Forces. ‘‘(3) PROGRAM.—The term ‘Program’ means the Troops-toTeachers Program authorized by this chapter. ‘‘(4) RESERVE COMPONENT.—The term ‘reserve component’ means—‘‘(A) the Army National Guard of the United States;

‘‘(B) the Army Reserve;

‘‘(C) the Naval Reserve;

‘‘(D) the Marine Corps Reserve;

‘‘(E) the Air National Guard of the United States;

‘‘(F) the Air Force Reserve; and

‘‘(G) the Coast Guard Reserve. ‘‘(5) SECRETARY CONCERNED.—The term ‘Secretary concerned’ means—

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‘‘(A) the Secretary of the Army, with respect to matters

concerning a reserve component of the Army;

‘‘(B) the Secretary of the Navy, with respect to matters

concerning reserve components named in subparagraphs

(C) and (D) of paragraph (4);

‘‘(C) the Secretary of the Air Force, with respect to matters concerning a reserve component of the Air Force; and

‘‘(D) the Secretary of Transportation, with respect to

matters concerning the Coast Guard Reserve.

‘‘SEC. 2302. AUTHORIZATION OF TROOPS-TO-TEACHERS PROGRAM.

‘‘(a) PURPOSE.—The purpose of this section is to authorize a

mechanism for the funding and administration of the Troops-toTeachers Program, which was originally established by the Troopsto-Teachers Program Act of 1999 (title XVII of the National Defense

Authorization Act for Fiscal Year 2000) (20 U.S.C. 9301 et seq.).

‘‘(b) PROGRAM AUTHORIZED.—The Secretary may carry out a

program (to be known as the ‘Troops-to-Teachers Program’)—

‘‘(1) to assist eligible members of the Armed Forces described in section 2303 to obtain certification or licensing as elementary school teachers, secondary school teachers, or vocational or technical teachers, and to become highly qualified

teachers; and

‘‘(2) to facilitate the employment of such members—

‘‘(A) by local educational agencies or public charter

schools that the Secretary identifies as—

‘‘(i) receiving grants under part A of title I as a result of having within their jurisdictions concentrations

of children from low-income families; or

‘‘(ii) experiencing a shortage of highly qualified

teachers, in particular a shortage of science, mathematics, special education, or vocational or technical

teachers; and

‘‘(B) in elementary schools or secondary schools, or as

vocational or technical teachers.

‘‘(c) ADMINISTRATION OF PROGRAM.—The Secretary shall enter

into a memorandum of agreement with the Secretary of Defense

under which the Secretary of Defense, acting through the Defense

Activity for Non-Traditional Education Support of the Department

of Defense, will perform the actual administration of the Program,

other than section 2306. Using funds appropriated to the Secretary

to carry out this chapter, the Secretary shall transfer to the Secretary of Defense such amounts as may be necessary to administer

the Program pursuant to the memorandum of agreement.

‘‘(d) INFORMATION REGARDING PROGRAM.—The Secretary shall

provide to the Secretary of Defense information regarding the Program and applications to participate in the Program, for distribution as part of preseparation counseling provided under section

1142 of title 10, United States Code, to members of the Armed

Forces described in section 2303.

‘‘(e) PLACEMENT ASSISTANCE AND REFERRAL SERVICES.—The

Secretary may, with the agreement of the Secretary of Defense, provide placement assistance and referral services to members of the

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section 2303(c)(2). Such members shall not be eligible for financial

assistance under subsections (c) and (d) of section 2304.

‘‘SEC. 2303. RECRUITMENT AND SELECTION OF PROGRAM PARTICIPANTS.

‘‘(a) ELIGIBLE MEMBERS.—The following members of the Armed

Forces are eligible for selection to participate in the Program:

‘‘(1) Any member who—

‘‘(A) on or after October 1, 1999, becomes entitled to retired or retainer pay in the manner provided in title 10 or

title 14, United States Code;

‘‘(B) has an approved date of retirement that is within

1 year after the date on which the member submits an application to participate in the Program; or

‘‘(C) has been transferred to the Retired Reserve.

‘‘(2) Any member who, on or after the date of enactment of

the No Child Left Behind Act of 2001—

‘‘(A)(i) is separated or released from active duty after 6

or more years of continuous active duty immediately before

the separation or release; or

‘‘(ii) has completed a total of at least 10 years of active

duty service, 10 years of service computed under section

12732 of title 10, United States Code, or 10 years of any

combination of such service; and

‘‘(B) executes a reserve commitment agreement for a period of not less than 3 years under subsection (e)(2).

‘‘(3) Any member who, on or after the date of enactment of

the No Child Left Behind Act of 2001, is retired or separated

for physical disability under chapter 61 of title 10, United

States Code.

‘‘(4) Any member who—

‘‘(A) during the period beginning on October 1, 1990,

and ending on September 30, 1999, was involuntarily discharged or released from active duty for purposes of a reduction of force after 6 or more years of continuous active

duty immediately before the discharge or release; or

‘‘(B) applied for the teacher placement program administered under section 1151 of title 10, United States Code,

before the repeal of that section, and satisfied the eligibility

criteria specified in subsection (c) of such section 1151.

‘‘(b) SUBMISSION OF APPLICATIONS.—

‘‘(1) FORM AND SUBMISSION.—Selection of eligible members

of the Armed Forces to participate in the Program shall be

made on the basis of applications submitted to the Secretary

within the time periods specified in paragraph (2). An application shall be in such form and contain such information as the

Secretary may require.

‘‘(2) TIME FOR SUBMISSION.—An application shall be considered to be submitted on a timely basis under paragraph (1)

if—

‘‘(A) in the case of a member described in paragraph

(1)(A), (2), or (3) of subsection (a), the application is submitted not later than 4 years after the date on which the

member is retired or separated or released from active duty,

whichever applies to the member; or

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‘‘(B) in the case of a member described in subsection

(a)(4), the application is submitted not later than September 30, 2003.

‘‘(c) SELECTION CRITERIA.—

‘‘(1) ESTABLISHMENT.—Subject to paragraphs (2) and (3),

the Secretary shall prescribe the criteria to be used to select eligible members of the Armed Forces to participate in the Program.

‘‘(2) EDUCATIONAL BACKGROUND.—

‘‘(A) ELEMENTARY OR SECONDARY SCHOOL TEACHER.—If

a member of the Armed Forces described in paragraph (1),

(2), or (3) of subsection (a) is applying for assistance for

placement as an elementary school or secondary school

teacher, the Secretary shall require the member to have received a baccalaureate or advanced degree from an accredited institution of higher education.

‘‘(B) VOCATIONAL OR TECHNICAL TEACHER.—If a member of the Armed Forces described in paragraph (1), (2), or

(3) of subsection (a) is applying for assistance for placement

as a vocational or technical teacher, the Secretary shall require the member—

‘‘(i) to have received the equivalent of 1 year of college from an accredited institution of higher education

and have 6 or more years of military experience in a

vocational or technical field; or

‘‘(ii) to otherwise meet the certification or licensing

requirements for a vocational or technical teacher in

the State in which the member seeks assistance for

placement under the Program.

‘‘(3) HONORABLE SERVICE.—A member of the Armed Forces

is eligible to participate in the Program only if the member’s

last period of service in the Armed Forces was honorable, as

characterized by the Secretary concerned (as defined in section

101(a)(9) of title 10, United States Code). A member selected to

participate in the Program before the retirement of the member

or the separation or release of the member from active duty may

continue to participate in the Program after the retirement, separation, or release only if the member’s last period of service is

characterized as honorable by the Secretary concerned (as so defined).

‘‘(d) SELECTION PRIORITIES.—In selecting eligible members of

the Armed Forces to receive assistance under the Program, the Secretary shall give priority to members who have educational or military experience in science, mathematics, special education, or vocational or technical subjects and agree to seek employment as science,

mathematics, or special education teachers in elementary schools or

secondary schools or in other schools under the jurisdiction of a

local educational agency.

‘‘(e) OTHER CONDITIONS ON SELECTION.—

‘‘(1) SELECTION SUBJECT TO FUNDING.—The Secretary may

not select an eligible member of the Armed Forces to participate

in the Program under this section and receive financial assistance under section 2304 unless the Secretary has sufficient appropriations for the Program available at the time of the selecVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00235 Fmt 6659 Sfmt 6603 E:\HR\OC\A334HR.084 pfrm07 PsN: A334HR
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tion to satisfy the obligations to be incurred by the United

States under section 2304 with respect to the member.

‘‘(2) RESERVE COMMITMENT AGREEMENT.—The Secretary

may not select an eligible member of the Armed Forces described in subsection (a)(2)(A) to participate in the Program

under this section and receive financial assistance under section

2304 unless—

‘‘(A) the Secretary notifies the Secretary concerned and

the member that the Secretary has reserved a full stipend

or bonus under section 2304 for the member; and

‘‘(B) the member executes a written agreement with the

Secretary concerned to serve as a member of the Selected

Reserve of a reserve component of the Armed Forces for a

period of not less than 3 years (in addition to any other reserve commitment the member may have).

‘‘SEC. 2304. PARTICIPATION AGREEMENT AND FINANCIAL ASSISTANCE.

‘‘(a) PARTICIPATION AGREEMENT.—

‘‘(1) IN GENERAL.—An eligible member of the Armed Forces

selected to participate in the Program under section 2303 and

receive financial assistance under this section shall be required

to enter into an agreement with the Secretary in which the

member agrees—

‘‘(A) within such time as the Secretary may require, to

obtain certification or licensing as an elementary school

teacher, secondary school teacher, or vocational or technical

teacher, and to become a highly qualified teacher; and

‘‘(B) to accept an offer of full-time employment as an elementary school teacher, secondary school teacher, or vocational or technical teacher for not less than 3 school years

with a high-need local educational agency or public charter

school, as such terms are defined in section 2101, to begin

the school year after obtaining that certification or licensing.

‘‘(2) WAIVER.—The Secretary may waive the 3-year commitment described in paragraph (1)(B) for a participant if the Secretary determines such waiver to be appropriate. If the Secretary provides the waiver, the participant shall not be considered to be in violation of the agreement and shall not be required to provide reimbursement under subsection (f), for failure to meet the 3-year commitment.

‘‘(b) VIOLATION OF PARTICIPATION AGREEMENT; EXCEPTIONS.—

A participant in the Program shall not be considered to be in violation of the participation agreement entered into under subsection (a)

during any period in which the participant—

‘‘(1) is pursuing a full-time course of study related to the

field of teaching at an institution of higher education;

‘‘(2) is serving on active duty as a member of the Armed

Forces;

‘‘(3) is temporarily totally disabled for a period of time not

to exceed 3 years as established by sworn affidavit of a qualified physician;

‘‘(4) is unable to secure employment for a period not to exceed 12 months by reason of the care required by a spouse who

is disabled;

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‘‘(5) is a highly qualified teacher who is seeking and unable

to find full-time employment as a teacher in an elementary

school or secondary school or as a vocational or technical teacher for a single period not to exceed 27 months; or

‘‘(6) satisfies the provisions of additional reimbursement exceptions that may be prescribed by the Secretary.

‘‘(c) STIPEND FOR PARTICIPANTS.—

‘‘(1) STIPEND AUTHORIZED.—Subject to paragraph (2), the

Secretary may pay to a participant in the Program selected

under section 2303 a stipend in an amount of not more than

$5,000.

‘‘(2) LIMITATION.—The total number of stipends that may be

paid under paragraph (1) in any fiscal year may not exceed

5,000.

‘‘(d) BONUS FOR PARTICIPANTS.—

‘‘(1) BONUS AUTHORIZED.—Subject to paragraph (2), the

Secretary may, in lieu of paying a stipend under subsection (c),

pay a bonus of $10,000 to a participant in the Program selected

under section 2303 who agrees in the participation agreement

under subsection (a) to become a highly qualified teacher and

to accept full-time employment as an elementary school teacher,

secondary school teacher, or vocational or technical teacher for

not less than 3 school years in a high-need school.

‘‘(2) LIMITATION.—The total number of bonuses that may be

paid under paragraph (1) in any fiscal year may not exceed

3,000.

‘‘(3) HIGH-NEED SCHOOL DEFINED.—In this subsection, the

term ‘high-need school’ means a public elementary school, public secondary school, or public charter school that meets one or

more of the following criteria:

‘‘(A) LOW-INCOME CHILDREN.—At least 50 percent of the

students enrolled in the school were from low-income families (as described in section 2302(b)(2)(A)(i)).

‘‘(B) CHILDREN WITH DISABILITIES.—The school has a

large percentage of students who qualify for assistance

under part B of the Individuals with Disabilities Education

Act.

‘‘(e) TREATMENT OF STIPEND AND BONUS.—A stipend or bonus

paid under this section to a participant in the Program shall be

taken into account in determining the eligibility of the participant

for Federal student financial assistance provided under title IV of

the Higher Education Act of 1965.

‘‘(f) REIMBURSEMENT UNDER CERTAIN CIRCUMSTANCES.—

‘‘(1) REIMBURSEMENT REQUIRED.—A participant in the Program who is paid a stipend or bonus under this section shall

be required to repay the stipend or bonus under the following

circumstances:

‘‘(A) FAILURE TO OBTAIN QUALIFICATIONS OR EMPLOYMENT.—The participant fails to obtain teacher certification

or licensing, to become a highly qualified teacher, or to obtain employment as an elementary school teacher, secondary school teacher, or vocational or technical teacher as

required by the participation agreement under subsection

(a).

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‘‘(B) TERMINATION OF EMPLOYMENT.—The participant

voluntarily leaves, or is terminated for cause from, employment as an elementary school teacher, secondary school

teacher, or vocational or technical teacher during the 3

years of required service in violation of the participation

agreement.

‘‘(C) FAILURE TO COMPLETE SERVICE UNDER RESERVE

COMMITMENT AGREEMENT.—The participant executed a

written agreement with the Secretary concerned under section 2303(e)(2) to serve as a member of a reserve component

of the Armed Forces for a period of 3 years and fails to

complete the required term of service.

‘‘(2) AMOUNT OF REIMBURSEMENT.—A participant required

to reimburse the Secretary for a stipend or bonus paid to the

participant under this section shall pay an amount that bears

the same ratio to the amount of the stipend or bonus as the

unserved portion of required service bears to the 3 years of required service. Any amount owed by the participant shall bear

interest at the rate equal to the highest rate being paid by the

United States on the day on which the reimbursement is determined to be due for securities having maturities of 90 days or

less and shall accrue from the day on which the participant is

first notified of the amount due.

‘‘(3) TREATMENT OF OBLIGATION.—The obligation to reimburse the Secretary under this subsection is, for all purposes, a

debt owing the United States. A discharge in bankruptcy under

title 11, United States Code, shall not release a participant

from the obligation to reimburse the Secretary under this subsection.

‘‘(4) EXCEPTIONS TO REIMBURSEMENT REQUIREMENT.—A

participant shall be excused from reimbursement under this

subsection if the participant becomes permanently totally disabled as established by sworn affidavit of a qualified physician.

The Secretary may also waive the reimbursement in cases of extreme hardship to the participant, as determined by the Secretary.

‘‘(g) RELATIONSHIP TO EDUCATIONAL ASSISTANCE UNDER MONTGOMERY GI BILL.—The receipt by a participant in the Program of

a stipend or bonus under this section shall not reduce or otherwise

affect the entitlement of the participant to any benefits under chapter 30 of title 38, United States Code, or chapter 1606 of title 10,

United States Code.

‘‘SEC. 2305. PARTICIPATION BY STATES.

‘‘(a) DISCHARGE OF STATE ACTIVITIES THROUGH CONSORTIA OF

STATES.—The Secretary may permit States participating in the Program to carry out activities authorized for such States under the

Program through one or more consortia of such States.

‘‘(b) ASSISTANCE TO STATES.—

‘‘(1) GRANTS AUTHORIZED.—Subject to paragraph (2), the

Secretary may make grants to States participating in the Program, or to consortia of such States, in order to permit such

States or consortia of States to operate offices for purposes of recruiting eligible members of the Armed Forces for participation

in the Program and facilitating the employment of participants

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in the Program as elementary school teachers, secondary school

teachers, and vocational or technical teachers. ‘‘(2) LIMITATION.—The total amount of grants made under paragraph (1) in any fiscal year may not exceed $5,000,000.

‘‘SEC. 2306. SUPPORT OF INNOVATIVE PRERETIREMENT TEACHER CERTIFICATION PROGRAMS.

‘‘(a) PURPOSE.—The purpose of this section is to provide funding to develop, implement, and demonstrate teacher certification

programs. ‘‘(b) DEVELOPMENT, IMPLEMENTATION AND DEMONSTRATION.— The Secretary may enter into a memorandum of agreement with a

State educational agency, an institution of higher education, or a

consortia of State educational agencies or institutions of higher education, to develop, implement, and demonstrate teacher certification

programs for members of the Armed Forces described in section

2303(a)(1)(B) for the purpose of assisting such members to consider

and prepare for a career as a highly qualified elementary school

teacher, secondary school teacher, or vocational or technical teacher

upon retirement from the Armed Forces. ‘‘(c) PROGRAM ELEMENTS.—A teacher certification program

under subsection (b) shall— ‘‘(1) provide recognition of military experience and training

as related to certification or licensing requirements; ‘‘(2) provide courses of instruction that may be conducted

on or near a military installation; ‘‘(3) incorporate alternative approaches to achieve teacher

certification, such as innovative methods to gaining field-based

teaching experiences, and assessment of background and experience as related to skills, knowledge, and abilities required of elementary school teachers, secondary school teachers, or vocational or technical teachers; ‘‘(4) provide for courses to be delivered via distance education methods; and ‘‘(5) address any additional requirements or specifications

established by the Secretary.

‘‘(d) APPLICATION PROCEDURES.— ‘‘(1) IN GENERAL.—A State educational agencies or institution of higher education (or a consortium of State educational

agencies or institutions of higher education) that desires to

enter into a memorandum under subsection (b) shall prepare

and submit to the Secretary a proposal, at such time, in such

manner, and containing such information as the Secretary may

require, including an assurance that the State educational

agency, institution, or consortium is operating a program leading to State approved teacher certification. ‘‘(2) PREFERENCE.—The Secretary shall give preference to

State educational agencies, institutions, and consortia that submit proposals that provide for cost sharing with respect to the

program involved.

‘‘(e) CONTINUATION OF PROGRAMS.—Upon successful completion

of the demonstration phase of teacher certification programs funded

under this section, the continued operation of the teacher certification programs shall not be the responsibility of the Secretary. A

State educational agency, institution, or consortium that desires to

continue a program that is funded under this section after such

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funding is terminated shall use amounts derived from tuition

charges to continue such program.

‘‘(f) FUNDING LIMITATION.—The total amount obligated by the

Secretary under this section for any fiscal year may not exceed

$10,000,000.

‘‘SEC. 2307. REPORTING REQUIREMENTS.

‘‘(a) REPORT REQUIRED.—Not later than March 31, 2006, the

Secretary (in consultation with the Secretary of Defense and the Secretary of Transportation) and the Comptroller General of the United

States shall submit to Congress a report on the effectiveness of the

Program in the recruitment and retention of qualified personnel by

local educational agencies and public charter schools.

‘‘(b) ELEMENTS OF REPORT.—The report submitted under subsection (a) shall include information on the following:

‘‘(1) The number of participants in the Program.

‘‘(2) The schools in which the participants are employed.

‘‘(3) The grade levels at which the participants teach.

‘‘(4) The academic subjects taught by the participants.

‘‘(5) The rates of retention of the participants by the local

educational agencies and public charter schools employing the

participants.

‘‘(6) Such other matters as the Secretary or the Comptroller

General of the United States, as the case may be, considers to

be appropriate.

‘‘CHAPTER B—TRANSITION TO TEACHING PROGRAM

‘‘SEC. 2311. PURPOSES.

‘‘The purposes of this chapter are—

‘‘(1) to establish a program to recruit and retain highly

qualified mid-career professionals (including highly qualified

paraprofessionals), and recent graduates of an institution of

higher education, as teachers in high-need schools, including

recruiting teachers through alternative routes to certification;

and

‘‘(2) to encourage the development and expansion of alternative routes to certification under State-approved programs

that enable individuals to be eligible for teacher certification

within a reduced period of time, relying on the experience, expertise, and academic qualifications of an individual, or other

factors in lieu of traditional course work in the field of education.

‘‘SEC. 2312. DEFINITIONS.

‘‘In this chapter:

‘‘(1) ELIGIBLE PARTICIPANT.—The term ‘eligible participant’

means—

‘‘(A) an individual with substantial, demonstrable career experience, including a highly qualified paraprofessional; or

‘‘(B) an individual who is a graduate of an institution

of higher education who—

‘‘(i) has graduated not more than 3 years before

applying to an eligible entity to teach under this chapter; and

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‘‘(ii) in the case of an individual wishing to teach

in a secondary school, has completed an academic

major (or courses totaling an equivalent number of

credit hours) in the academic subject that the individual will teach.

‘‘(2) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term

‘high-need local educational agency’ has the meaning given the

term in section 2102.

‘‘(3) HIGH-NEED SCHOOL.—The term ‘high-need school’

means a school that—

‘‘(A) is located in an area in which the percentage of

students from families with incomes below the poverty line

is 30 percent or more; or

‘‘(B)(i) is located in an area with a high percentage of

out-of-field teachers, as defined in section 2102;

‘‘(ii) is within the top quartile of elementary schools

and secondary schools statewide, as ranked by the number

of unfilled, available teacher positions at the schools;

‘‘(iii) is located in an area in which there is a high

teacher turnover rate; or

‘‘(iv) is located in an area in which there is a high percentage of teachers who are not certified or licensed.

‘‘SEC. 2313. GRANT PROGRAM.

‘‘(a) IN GENERAL.—The Secretary may establish a program to

make grants on a competitive basis to eligible entities to develop

State and local teacher corps or other programs to establish, expand, or enhance teacher recruitment and retention efforts.

‘‘(b) ELIGIBLE ENTITY.—To be eligible to receive a grant under

this section, an entity shall be—

‘‘(1) a State educational agency;

‘‘(2) a high-need local educational agency;

‘‘(3) a for-profit or nonprofit organization that has a proven

record of effectively recruiting and retaining highly qualified

teachers, in a partnership with a high-need local educational

agency or with a State educational agency;

‘‘(4) an institution of higher education, in a partnership

with a high-need local educational agency or with a State educational agency;

‘‘(5) a regional consortium of State educational agencies; or

‘‘(6) a consortium of high-need local educational agencies.

‘‘(c) PRIORITY.—In making such a grant, the Secretary shall

give priority to a partnership or consortium that includes a highneed State educational agency or local educational agency.

‘‘(d) APPLICATION.—

‘‘(1) IN GENERAL.—To be eligible to receive a grant under

this section, an entity described in subsection (b) shall submit

an application to the Secretary at such time, in such manner,

and containing such information as the Secretary may require.

‘‘(2) CONTENTS.—The application shall describe—

‘‘(A) one or more target recruitment groups on which

the applicant will focus its recruitment efforts;

‘‘(B) the characteristics of each such target group that—

‘‘(i) show the knowledge and experience of the

group’s members; and

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‘‘(ii) demonstrate that the members are eligible to

achieve the objectives of this section;

‘‘(C) describe how the applicant will use funds received

under this section to develop a teacher corps or other program to recruit and retain highly qualified midcareer professionals (which may include highly qualified paraprofessionals), recent college graduates, and recent graduate

school graduates, as highly qualified teachers in high-need

schools operated by high-need local educational agencies; ‘‘(D) explain how the program carried out under the

grant will meet the relevant State laws (including regulations) related to teacher certification or licensing and facilitate the certification or licensing of such teachers; ‘‘(E) describe how the grant will increase the number of

highly qualified teachers, in high-need schools operated by

high-need local educational agencies (in urban or rural

school districts), and in high-need academic subjects, in the

jurisdiction served by the applicant; and ‘‘(F) describe how the applicant will collaborate, as

needed, with other institutions, agencies, or organizations

to recruit (particularly through activities that have proven

effective in retaining highly qualified teachers), train, place,

support, and provide teacher induction programs to program participants under this chapter, including providing

evidence of the commitment of the institutions, agencies, or

organizations to the applicant’s programs. ‘‘(e) DURATION OF GRANTS.—The Secretary may make grants

under this section for periods of 5 years. At the end of the 5-year

period for such a grant, the grant recipient may apply for an additional grant under this section. ‘‘(f) EQUITABLE DISTRIBUTION.—To the extent practicable, the

Secretary shall ensure an equitable geographic distribution of

grants under this section among the regions of the United States. ‘‘(g) USES OF FUNDS.—

‘‘(1) IN GENERAL.—An entity that receives a grant under

this section shall use the funds made available through the

grant to develop a teacher corps or other program in order to

establish, expand, or enhance a teacher recruitment and retention program for highly qualified mid-career professionals (including highly qualified paraprofessionals), and recent graduates of an institution of higher education, who are eligible participants, including activities that provide alternative routes to

teacher certification. ‘‘(2) AUTHORIZED ACTIVITIES.—The entity shall use the

funds to carry out a program that includes two or more of the

following activities:

‘‘(A) Providing scholarships, stipends, bonuses, and

other financial incentives, that are linked to participation

in activities that have proven effective in retaining teachers

in high-need schools operated by high-need local educational agencies, to all eligible participants, in an amount

not to exceed $5,000 per participant. ‘‘(B) Carrying out pre- and post-placement induction or

support activities that have proven effective in recruiting

and retaining teachers, such as—

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‘‘(i) teacher mentoring;

‘‘(ii) providing internships;

‘‘(iii) providing high-quality, preservice coursework;

and ‘‘(iv) providing high-quality, sustained inservice

professional development.

‘‘(C) Carrying out placement and ongoing activities to

ensure that teachers are placed in fields in which the teachers are highly qualified to teach and are placed in highneed schools. ‘‘(D) Making payments to pay for costs associated with

accepting teachers recruited under this section from among

eligible participants or provide financial incentives to prospective teachers who are eligible participants. ‘‘(E) Collaborating with institutions of higher education

in developing and implementing programs to facilitate

teacher recruitment (including teacher credentialing) and

teacher retention programs. ‘‘(F) Carrying out other programs, projects, and activities that are designed and have proven to be effective in recruiting and retaining teachers, and that the Secretary determines to be appropriate. ‘‘(G) Developing long-term recruitment and retention

strategies including developing— ‘‘(i) a statewide or regionwide clearinghouse for the

recruitment and placement of teachers; ‘‘(ii) administrative structures to develop and implement programs to provide alternative routes to certification; ‘‘(iii) reciprocity agreements between or among

States for the certification or licensing of teachers; or ‘‘(iv) other long-term teacher recruitment and retention strategies. ‘‘(3) EFFECTIVE PROGRAMS.—The entity shall use the funds

only for programs that have proven to be effective in both recruiting and retaining teachers.

‘‘(h) REQUIREMENTS.— ‘‘(1) TARGETING.—An entity that receives a grant under this

section to carry out a program shall ensure that participants in

the program recruited with funds made available under this

section are placed in high-need schools operated by high-need

local educational agencies. In placing the participants in the

schools, the entity shall give priority to the schools that are located in areas with the highest percentages of students from

families with incomes below the poverty line. ‘‘(2) SUPPLEMENT, NOT SUPPLANT.—Funds made available

under this section shall be used to supplement, and not supplant, State and local public funds expended for teacher recruitment and retention programs, including programs to recruit the

teachers through alternative routes to certification. ‘‘(3) PARTNERSHIPS AND CONSORTIA OF LOCAL EDUCATIONAL

AGENCIES.—In the case of a partnership established by a local

educational agency to carry out a program under this chapter,

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sortium shall not be eligible to receive funds through a State

program under this chapter.

‘‘(i) PERIOD OF SERVICE.—A program participant in a program

under this chapter who receives training through the program shall

serve a high-need school operated by a high-need local educational

agency for at least 3 years. ‘‘(j) REPAYMENT.—The Secretary shall establish such requirements as the Secretary determines to be appropriate to ensure that

program participants who receive a stipend or other financial incentive under subsection (g)(2)(A), but fail to complete their service obligation under subsection (i), repay all or a portion of such stipend

or other incentive. ‘‘(k) ADMINISTRATIVE FUNDS.—No entity that receives a grant

under this section shall use more than 5 percent of the funds made

available through the grant for the administration of a program

under this chapter carried out under the grant.

‘‘SEC. 2314. EVALUATION AND ACCOUNTABILITY FOR RECRUITING AND

RETAINING TEACHERS.

‘‘(a) EVALUATION.—Each entity that receives a grant under this

chapter shall conduct— ‘‘(1) an interim evaluation of the program funded under the

grant at the end of the third year of the grant period; and ‘‘(2) a final evaluation of the program at the end of the fifth

year of the grant period.

‘‘(b) CONTENTS.—In conducting the evaluation, the entity shall

describe the extent to which local educational agencies that received

funds through the grant have met the goals relating to teacher recruitment and retention described in the application. ‘‘(c) REPORTS.—The entity shall prepare and submit to the Secretary and to Congress interim and final reports containing the results of the interim and final evaluations, respectively.

‘‘(d) REVOCATION.—If the Secretary determines that the recipient of a grant under this chapter has not made substantial progress

in meeting such goals and the objectives of the grant by the end of

the third year of the grant period, the Secretary—

‘‘(1) shall revoke the payment made for the fourth year of

the grant period; and

‘‘(2) shall not make a payment for the fifth year of the grant

period.

‘‘CHAPTER C—GENERAL PROVISIONS

‘‘SEC. 2321. AUTHORIZATION OF APPROPRIATIONS.

‘‘(a) IN GENERAL.—There are authorized to be appropriated to

carry out this subpart $150,000,000 for fiscal year 2002 and such

sums as may be necessary for each of the 5 succeeding fiscal years.

‘‘(b) RESERVATION.—From the funds appropriated to carry out

this subpart for fiscal year 2002, the Secretary shall reserve not

more than $30,000,000 to carry out chapter A.

‘‘Subpart 2—National Writing Project

‘‘SEC. 2331. PURPOSES.

‘‘The purposes of this subpart are—

‘‘(1) to support and promote the expansion of the National

Writing Project network of sites so that teachers in every region

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of the United States will have access to a National Writing

Project program;

‘‘(2) to ensure the consistent high quality of the sites

through ongoing review, evaluation and technical assistance;

‘‘(3) to support and promote the establishment of programs

to disseminate effective practices and research findings about

the teaching of writing; and

‘‘(4) to coordinate activities assisted under this subpart with

activities assisted under this Act.

‘‘SEC. 2332. NATIONAL WRITING PROJECT.

‘‘(a) AUTHORIZATION.—The Secretary is authorized to award a

grant to the National Writing Project, a nonprofit educational organization that has as its primary purpose the improvement of the

quality of student writing and learning (hereafter in this section referred to as the ‘grantee’) to improve the teaching of writing and the

use of writing as a part of the learning process in our Nation’s

classrooms.

‘‘(b) REQUIREMENTS OF GRANT.—The grant shall provide that—

‘‘(1) the grantee will enter into contracts with institutions of

higher education or other nonprofit educational providers (hereafter in this section referred to as ‘contractors’) under which the

contractors will agree to establish, operate, and provide the

non-Federal share of the cost of teacher training programs in effective approaches and processes for the teaching of writing;

‘‘(2) funds made available by the Secretary to the grantee

pursuant to any contract entered into under this section will be

used to pay the Federal share of the cost of establishing and operating teacher training programs as provided in paragraph

(1); and

‘‘(3) the grantee will meet such other conditions and standards as the Secretary determines to be necessary to assure compliance with the provisions of this section and will provide such

technical assistance as may be necessary to carry out the provisions of this section.

‘‘(c) TEACHER TRAINING PROGRAMS.—The teacher training programs authorized in subsection (a) shall—

‘‘(1) be conducted during the school year and during the

summer months;

‘‘(2) train teachers who teach grades kindergarten through

college;

‘‘(3) select teachers to become members of a National Writing Project teacher network whose members will conduct writing workshops for other teachers in the area served by each National Writing Project site; and

‘‘(4) encourage teachers from all disciplines to participate in

such teacher training programs.

‘‘(d) FEDERAL SHARE.—

‘‘(1) IN GENERAL.—Except as provided in paragraph (2) or

(3) and for purposes of subsection (a), the term ‘Federal share’

means, with respect to the costs of teacher training programs

authorized in subsection (a), 50 percent of such costs to the contractor.

‘‘(2) WAIVER.—The Secretary may waive the provisions of

paragraph (1) on a case-by-case basis if the National Advisory

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Board described in subsection (e) determines, on the basis of financial need, that such waiver is necessary. ‘‘(3) MAXIMUM.—The Federal share of the costs of teacher

training programs conducted pursuant to subsection (a) may

not exceed $100,000 for any one contractor, or $200,000 for a

statewide program administered by any one contractor in at

least five sites throughout the State.

‘‘(e) NATIONAL ADVISORY BOARD.— ‘‘(1) ESTABLISHMENT.—The National Writing Project shall

establish and operate a National Advisory Board. ‘‘(2) COMPOSITION.—The National Advisory Board established pursuant to paragraph (1) shall consist of— ‘‘(A) national educational leaders;

‘‘(B) leaders in the field of writing; and

‘‘(C) such other individuals as the National Writing

Project determines necessary.

‘‘(3) DUTIES.—The National Advisory Board established

pursuant to paragraph (1) shall— ‘‘(A) advise the National Writing Project on national

issues related to student writing and the teaching of writing; ‘‘(B) review the activities and programs of the National

Writing Project; and ‘‘(C) support the continued development of the National

Writing Project. ‘‘(f) EVALUATION.— ‘‘(1) IN GENERAL.—The Secretary shall conduct an independent evaluation by grant or contract of the teacher training

programs administered pursuant to this subpart. Such evaluation shall specify the amount of funds expended by the National

Writing Project and each contractor receiving assistance under

this section for administrative costs. The results of such evaluation shall be made available to the appropriate committees of

Congress.

‘‘(2) FUNDING LIMITATION.—The Secretary shall reserve not more than $150,000 from the total amount appropriated pursuant to the authority of subsection (h) for fiscal year 2002 and

each of the 5 succeeding fiscal years to conduct the evaluation

described in paragraph (1).

‘‘(g) APPLICATION REVIEW.—

‘‘(1) REVIEW BOARD.—The National Writing Project shall establish and operate a National Review Board that shall consist

of—

‘‘(A) leaders in the field of research in writing; and

‘‘(B) such other individuals as the National Writing

Project deems necessary.

‘‘(2) DUTIES.—The National Review Board shall—

‘‘(A) review all applications for assistance under this

subsection; and ‘‘(B) recommend applications for assistance under this

subsection for funding by the National Writing Project. ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this subpart $15,000,000 as

may be necessary for fiscal year 2002 and each of the 5 succeeding

fiscal years.

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‘‘Subpart 3—Civic Education

‘‘SEC. 2341. SHORT TITLE.

‘‘This subpart may be cited as the ‘Education for Democracy

Act’.

‘‘SEC. 2342. PURPOSE.

‘‘It is the purpose of this subpart—

‘‘(1) to improve the quality of civics and government education by educating students about the history and principles of

the Constitution of the United States, including the Bill of

Rights;

‘‘(2) to foster civic competence and responsibility; and

‘‘(3) to improve the quality of civic education and economic

education through cooperative civic education and economic

education exchange programs with emerging democracies.

‘‘SEC. 2343. GENERAL AUTHORITY.

‘‘(a) AUTHORITY.—The Secretary is authorized to award grants

to, or enter into contracts with—

‘‘(1) the Center for Civic Education, to carry out civic education activities under sections 2344 and 2345;

‘‘(2) the National Council on Economic Education, to carry

out economic education activities under section 2345; and

‘‘(3) organizations experienced in the development of curricula and programs in civics and government education and

economic education for students in elementary schools and secondary schools in countries other than the United States, to

carry out civic education activities under section 2345.

‘‘(b) DISTRIBUTION FOR COOPERATIVE CIVIC EDUCATION AND

ECONOMIC EDUCATION EXCHANGE PROGRAMS.—

‘‘(1) LIMITATION.—Not more than 40 percent of the amount

appropriated under section 2346 for a fiscal year shall be used

to carry out section 2345.

‘‘(2) DISTRIBUTION.—Of the amount used to carry out section 2345 for a fiscal year (consistent with paragraph (1)), the

Secretary shall use—

‘‘(A) 37.5 percent for a grant or contract for the Center

for Civic Education;

‘‘(B) 37.5 percent for a grant or contract for the National Council on Economic Education; and

‘‘(C) 25 percent for not less than 1, but not more than

3, grants or contracts for organizations described in subsection (a)(3).

‘‘SEC. 2344. WE THE PEOPLE PROGRAM.

‘‘(a) THE CITIZEN AND THE CONSTITUTION.—

‘‘(1) EDUCATIONAL ACTIVITIES.—The Center for Civic

Education—

‘‘(A) shall use funds made available under grants or

contracts under section 2343(a)(1)—

‘‘(i) to continue and expand the educational activities of the program entitled the ‘We the People . . . The

Citizen and the Constitution’ program administered by

such center;

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‘‘(ii) to carry out activities to enhance student attainment of challenging academic content standards in

civics and government;

‘‘(iii) to provide a course of instruction on the basic

principles of the Nation’s constitutional democracy and

the history of the Constitution of the United States, including the Bill of Rights;

‘‘(iv) to provide, at the request of a participating

school, school and community simulated congressional

hearings following the course of instruction described

in clause (iii); and

‘‘(v) to provide an annual national competition of

simulated congressional hearings for secondary school

students who wish to participate in such a program;

and

‘‘(B) may use funds made available under grants or

contracts under section 2343(a)(1)—

‘‘(i) to provide advanced, sustained, and ongoing

training of teachers about the Constitution of the

United States and the political system of the United

States;

‘‘(ii) to provide materials and methods of instruction, including teacher training, that utilize the latest

advancements in educational technology; and

‘‘(iii) to provide civic education materials and services to address specific problems such as the prevention

of school violence and the abuse of drugs and alcohol.

‘‘(2) AVAILABILITY OF PROGRAM.—The education program

authorized under this subsection shall be made available to

public and private elementary schools and secondary schools,

including Bureau funded schools, in the 435 congressional districts, and in the District of Columbia, the Commonwealth of

Puerto Rico, the United States Virgin Islands, Guam, American

Samoa, and the Commonwealth of the Northern Mariana Islands.

‘‘(b) PROJECT CITIZEN.—

‘‘(1) EDUCATIONAL ACTIVITIES.—The Center for Civic

Education—

‘‘(A) shall use funds made available under grants or

contracts under section 2343(a)(1)—

‘‘(i) to continue and expand the educational activities of the program entitled the ‘We the People...

Project Citizen’ program administered by the Center;

‘‘(ii) to carry out activities to enhance student attainment of challenging academic content standards in

civics and government;

‘‘(iii) to provide a course of instruction at the middle school level on the roles of State and local governments in the Federal system established by the Constitution of the United States; and

‘‘(iv) to provide an annual national showcase or

competition; and

‘‘(B) may use funds made available under grants or

contracts under section 2343(a)(1)—

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‘‘(i) to provide optional school and community simulated State legislative hearings; ‘‘(ii) to provide advanced, sustained, and ongoing

training of teachers on the roles of State and local governments in the Federal system established by the Constitution of the United States; ‘‘(iii) to provide materials and methods of instruction, including teacher training, that utilize the latest

advancements in educational technology; and ‘‘(iv) to provide civic education materials and services to address specific problems such as the prevention

of school violence and the abuse of drugs and alcohol. ‘‘(2) AVAILABILITY OF PROGRAM.—The education program

authorized under this subsection shall be made available to

public and private middle schools, including Bureau funded

schools, in the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States

Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

‘‘(c) BUREAU-FUNDED SCHOOL DEFINED.—In this section, the

term ‘Bureau-funded school’ has the meaning given such term in

section 1146 of the Education Amendments of 1978 (25 U.S.C.

2026).

‘‘SEC. 2345. COOPERATIVE CIVIC EDUCATION AND ECONOMIC EDUCATION EXCHANGE PROGRAMS.

‘‘(a) COOPERATIVE EDUCATION EXCHANGE PROGRAMS.—The

Center for Civic Education, the National Council on Economic Education, and organizations described in section 2343(a)(3) shall use

funds made available under grants or contracts under section 2343

to carry out cooperative education exchange programs in accordance

with this section.

‘‘(b) PURPOSE.—The purpose of the cooperative education exchange programs carried out under this section shall be—

‘‘(1) to make available to educators from eligible countries

exemplary curriculum and teacher training programs in civics

and government education, and economics education, developed

in the United States;

‘‘(2) to assist eligible countries in the adaptation, implementation, and institutionalization of such programs;

‘‘(3) to create and implement civics and government education, and economic education, programs for students that

draw upon the experiences of the participating eligible countries;

‘‘(4) to provide a means for the exchange of ideas and experiences in civics and government education, and economic education, among political, educational, governmental, and private

sector leaders of participating eligible countries; and

‘‘(5) to provide support for—

‘‘(A) independent research and evaluation to determine

the effects of educational programs on students’ development of the knowledge, skills, and traits of character essential for the preservation and improvement of constitutional

democracy; and

‘‘(B) effective participation in, and the preservation and

improvement of, an efficient market economy.

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‘‘(c) ACTIVITIES.—In carrying out the cooperative education exchange programs assisted under this section, the Center for Civic

Education, the National Council on Economic Education, and organizations described in section 2343(a)(3) shall— ‘‘(1) provide to the participants from eligible countries— ‘‘(A) seminars on the basic principles of United States

constitutional democracy and economic system, including

seminars on the major governmental and economic institutions and systems in the United States, and visits to such

institutions; ‘‘(B) visits to school systems, institutions of higher education, and nonprofit organizations conducting exemplary

programs in civics and government education, and economic education, in the United States; ‘‘(C) translations and adaptations with respect to

United States civics and government education, and economic education, curricular programs for students and

teachers, and in the case of training programs for teachers,

translations and adaptations into forms useful in schools

in eligible countries, and joint research projects in such

areas; and ‘‘(D) independent research and evaluation assistance— ‘‘(i) to determine the effects of the cooperative education exchange programs on students’ development of

the knowledge, skills, and traits of character essential

for the preservation and improvement of constitutional

democracy; and ‘‘(ii) to identify effective participation in, and the

preservation and improvement of, an efficient market

economy; ‘‘(2) provide to the participants from the United States— ‘‘(A) seminars on the histories, economies, and systems

of government of eligible countries; ‘‘(B) visits to school systems, institutions of higher education, and organizations conducting exemplary programs

in civics and government education, and economic education, located in eligible countries;

‘‘(C) assistance from educators and scholars in eligible

countries in the development of curricular materials on the

history, government, and economy of such countries that

are useful in United States classrooms;

‘‘(D) opportunities to provide onsite demonstrations of

United States curricula and pedagogy for educational leaders in eligible countries; and

‘‘(E) independent research and evaluation assistance to

determine—

‘‘(i) the effects of the cooperative education exchange programs assisted under this section on students’ development of the knowledge, skills, and traits

of character essential for the preservation and improvement of constitutional democracy; and

‘‘(ii) effective participation in, and improvement of,

an efficient market economy; and

‘‘(3) assist participants from eligible countries and the

United States to participate in international conferences on

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civics and government education, and economic education, for

educational leaders, teacher trainers, scholars in related disciplines, and educational policymakers.

‘‘(d) PARTICIPANTS.—The primary participants in the cooperative education exchange programs assisted under this section shall

be educational leaders in the areas of civics and government education, and economic education, including teachers, curriculum and

teacher training specialists, scholars in relevant disciplines, and

educational policymakers, and government and private sector leaders from the United States and eligible countries.

‘‘(e) CONSULTATION.—The Secretary may award a grant to, or

enter into a contract with, the entities described in section 2343 to

carry out programs assisted under this section only if the Secretary

of State concurs with the Secretary that such grant, or contract, respectively, is consistent with the foreign policy of the United States.

‘‘(f) AVOIDANCE OF DUPLICATION.—With the concurrence of the

Secretary of State, the Secretary shall ensure that—

‘‘(1) the activities carried out under the programs assisted

under this section are not duplicative of other activities conducted in eligible countries; and

‘‘(2) any institutions in eligible countries, with which the

Center for Civic Education, the National Council on Economic

Education, or organizations described in section 2343(a)(3) may

work in conducting such activities, are creditable.

‘‘(g) ELIGIBLE COUNTRY DEFINED.—In this section, the term ‘eligible country’ means a Central European country, an Eastern European country, Lithuania, Latvia, Estonia, the independent states of

the former Soviet Union as defined in section 3 of the FREEDOM

Support Act (22 U.S.C. 5801), the Republic of Ireland, the province

of Northern Ireland in the United Kingdom, and any developing

country (as such term is defined in section 209(d) of the Education

for the Deaf Act) if the Secretary, with the concurrence of the Secretary of State, determines that such developing country has a

democratic form of government.

‘‘SEC. 2346. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated to carry out this subpart $30,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years.

‘‘Subpart 4—Teaching of Traditional American History

‘‘SEC. 2351. ESTABLISHMENT OF PROGRAM.

‘‘(a) IN GENERAL.—The Secretary may establish and implement

a program to be known as the ‘Teaching American History Grant

Program’, under which the Secretary shall award grants on a competitive basis to local educational agencies—

‘‘(1) to carry out activities to promote the teaching of traditional American history in elementary schools and secondary

schools as a separate academic subject (not as a component of

social studies); and

‘‘(2) for the development, implementation, and strengthening of programs to teach traditional American history as a

separate academic subject (not as a component of social studies)

within elementary school and secondary school curricula, including the implementation of activities—

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‘‘(A) to improve the quality of instruction; and

‘‘(B) to provide professional development and teacher

education activities with respect to American history.

‘‘(b) REQUIRED PARTNERSHIP.—A local educational agency that

receives a grant under subsection (a) shall carry out activities under

the grant in partnership with one or more of the following:

‘‘(1) An institution of higher education.

‘‘(2) A nonprofit history or humanities organization.

‘‘(3) A library or museum.

‘‘(c) APPLICATION.—To be eligible to receive an grant under this

section, a local educational agency shall submit an application to

the Secretary at such time, in such manner, and containing such information as the Secretary may require.

‘‘SEC. 2352. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated to carry out this subpart such sums as may be necessary for fiscal year 2002 and each

of the 5 succeeding fiscal years.

‘‘Subpart 5—Teacher Liability Protection

‘‘SEC. 2361. SHORT TITLE.

‘‘This subpart may be cited as the ‘Paul D. Coverdell Teacher

Protection Act of 2001’.

‘‘SEC. 2362. PURPOSE.

‘‘The purpose of this subpart is to provide teachers, principals,

and other school professionals the tools they need to undertake reasonable actions to maintain order, discipline, and an appropriate

educational environment.

‘‘SEC. 2363. DEFINITIONS.

‘‘For purposes of this subpart:

‘‘(1) ECONOMIC LOSS.—The term ‘economic loss’ means any

pecuniary loss resulting from harm (including the loss of earnings or other benefits related to employment, medical expense

loss, replacement services loss, loss due to death, burial costs,

and loss of business or employment opportunities) to the extent

recovery for such loss is allowed under applicable State law.

‘‘(2) HARM.—The term ‘harm’ includes physical, nonphysical, economic, and noneconomic losses.

‘‘(3) NONECONOMIC LOSS.—The term ‘noneconomic loss’

means loss for physical or emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss

of enjoyment of life, loss of society or companionship, loss of

consortium (other than loss of domestic service), hedonic damages, injury to reputation, or any other nonpecuniary loss of any

kind or nature.

‘‘(4) SCHOOL.—The term ‘school’ means a public or private

kindergarten, a public or private elementary school or secondary school, or a home school.

‘‘(5) STATE.—The term ‘State’ means each of the several

States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands,

Guam, American Samoa, the Commonwealth of the Northern

Mariana Islands, any other territory or possession of the United

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States, or any political subdivision of any such State, territory,

or possession. ‘‘(6) TEACHER.—The term ‘teacher’ means— ‘‘(A) a teacher, instructor, principal, or administrator;

‘‘(B) another educational professional who works in a

school; ‘‘(C) a professional or nonprofessional employee who— ‘‘(i) works in a school; and

‘‘(ii)(I) in the employee’s job, maintains discipline

or ensures safety; or ‘‘(II) in an emergency, is called on to maintain discipline or ensure safety; or

‘‘(D) an individual member of a school board (as distinct from the board).

‘‘SEC. 2364. APPLICABILITY.

‘‘This subpart shall only apply to States that receive funds

under this Act, and shall apply to such a State as a condition of

receiving such funds.

‘‘SEC. 2365. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY.

‘‘(a) PREEMPTION.—This subpart preempts the laws of any State

to the extent that such laws are inconsistent with this subpart, except that this subpart shall not preempt any State law that provides

additional protection from liability relating to teachers.

‘‘(b) ELECTION OF STATE REGARDING NONAPPLICABILITY.—This

subpart shall not apply to any civil action in a State court against

a teacher with respect to claims arising within that State if such

State enacts a statute in accordance with State requirements for enacting legislation—

‘‘(1) citing the authority of this subsection;

‘‘(2) declaring the election of such State that this subpart

shall not apply, as of a date certain, to such civil action in the

State; and

‘‘(3) containing no other provisions.

‘‘SEC. 2366. LIMITATION ON LIABILITY FOR TEACHERS.

‘‘(a) LIABILITY PROTECTION FOR TEACHERS.—Except as provided

in subsection (b), no teacher in a school shall be liable for harm

caused by an act or omission of the teacher on behalf of the school

if—

‘‘(1) the teacher was acting within the scope of the teacher’s

employment or responsibilities to a school or governmental entity;

‘‘(2) the actions of the teacher were carried out in conformity with Federal, State, and local laws (including rules and

regulations) in furtherance of efforts to control, discipline, expel,

or suspend a student or maintain order or control in the classroom or school;

‘‘(3) if appropriate or required, the teacher was properly licensed, certified, or authorized by the appropriate authorities

for the activities or practice involved in the State in which the

harm occurred, where the activities were or practice was undertaken within the scope of the teacher’s responsibilities;

‘‘(4) the harm was not caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious,

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flagrant indifference to the rights or safety of the individual

harmed by the teacher; and ‘‘(5) the harm was not caused by the teacher operating a

motor vehicle, vessel, aircraft, or other vehicle for which the

State requires the operator or the owner of the vehicle, craft, or

vessel to—

‘‘(A) possess an operator’s license; or ‘‘(B) maintain insurance. ‘‘(b) EXCEPTIONS TO TEACHER LIABILITY PROTECTION.—If the

laws of a State limit teacher liability subject to one or more of the

following conditions, such conditions shall not be construed as inconsistent with this section: ‘‘(1) A State law that requires a school or governmental entity to adhere to risk management procedures, including mandatory training of teachers. ‘‘(2) A State law that makes the school or governmental entity liable for the acts or omissions of its teachers to the same

extent as an employer is liable for the acts or omissions of its

employees. ‘‘(3) A State law that makes a limitation of liability inapplicable if the civil action was brought by an officer of a State

or local government pursuant to State or local law.

‘‘(c) LIMITATION ON PUNITIVE DAMAGES BASED ON THE ACTIONS

OF TEACHERS.— ‘‘(1) GENERAL RULE.—Punitive damages may not be awarded against a teacher in an action brought for harm based on

the act or omission of a teacher acting within the scope of the

teacher’s employment or responsibilities to a school or governmental entity unless the claimant establishes by clear and convincing evidence that the harm was proximately caused by an

act or omission of such teacher that constitutes willful or criminal misconduct, or a conscious, flagrant indifference to the

rights or safety of the individual harmed. ‘‘(2) CONSTRUCTION.—Paragraph (1) does not create a cause

of action for punitive damages and does not preempt or supersede any Federal or State law to the extent that such law would

further limit the award of punitive damages.

‘‘(d) EXCEPTIONS TO LIMITATIONS ON LIABILITY.— ‘‘(1) IN GENERAL.—The limitations on the liability of a

teacher under this subpart shall not apply to any misconduct

that— ‘‘(A) constitutes a crime of violence (as that term is defined in section 16 of title 18, United States Code) or act

of international terrorism (as that term is defined in section

2331 of title 18, United States Code) for which the defendant has been convicted in any court; ‘‘(B) involves a sexual offense, as defined by applicable

State law, for which the defendant has been convicted in

any court; ‘‘(C) involves misconduct for which the defendant has

been found to have violated a Federal or State civil rights

law; or

‘‘(D) where the defendant was under the influence (as

determined pursuant to applicable State law) of intoxicating alcohol or any drug at the time of the misconduct.

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‘‘(2) HIRING.—The limitations on the liability of a teacher

under this subpart shall not apply to misconduct during background investigations, or during other actions, involved in the

hiring of a teacher.

‘‘(e) RULES OF CONSTRUCTION.—

‘‘(1) CONCERNING RESPONSIBILITY OF TEACHERS TO

SCHOOLS AND GOVERNMENTAL ENTITIES.— Nothing in this section shall be construed to affect any civil action brought by any

school or any governmental entity against any teacher of such

school.

‘‘(2) CONCERNING CORPORAL PUNISHMENT.—Nothing in this

subpart shall be construed to affect any State or local law (including a rule or regulation) or policy pertaining to the use of

corporal punishment.

‘‘SEC. 2367. ALLOCATION OF RESPONSIBILITY FOR NONECONOMIC

LOSS.

‘‘(a) GENERAL RULE.—In any civil action against a teacher,

based on an act or omission of a teacher acting within the scope of

the teacher’s employment or responsibilities to a school or governmental entity, the liability of the teacher for noneconomic loss shall

be determined in accordance with subsection (b).

‘‘(b) AMOUNT OF LIABILITY.—

‘‘(1) IN GENERAL.—

‘‘(A) LIABILITY.—Each defendant who is a teacher shall

be liable only for the amount of noneconomic loss allocated

to that defendant in direct proportion to the percentage of

responsibility of that defendant (determined in accordance

with paragraph (2)) for the harm to the claimant with respect to which that defendant is liable.

‘‘(B) SEPARATE JUDGMENT.—The court shall render a

separate judgment against each defendant in an amount

determined pursuant to subparagraph (A).

‘‘(2) PERCENTAGE OF RESPONSIBILITY.—For purposes of determining the amount of noneconomic loss allocated to a defendant who is a teacher under this section, the trier of fact

shall determine the percentage of responsibility of each person

responsible for the claimant’s harm, whether or not such person

is a party to the action.

‘‘(c) RULE OF CONSTRUCTION.—Nothing in this section shall be

construed to preempt or supersede any Federal or State law that

further limits the application of joint liability in a civil action described in subsection (a), beyond the limitations established in this

section.

‘‘SEC. 2368. EFFECTIVE DATE.

‘‘(a) IN GENERAL.—This subpart shall take effect 90 days after

the date of enactment of the No Child Left Behind Act of 2001.

‘‘(b) APPLICATION.—This subpart applies to any claim for harm

caused by an act or omission of a teacher if that claim is filed on

or after the effective date of the No Child Left Behind Act of 2001

without regard to whether the harm that is the subject of the claim

or the conduct that caused the harm occurred before such effective

date.

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‘‘PART D—ENHANCING EDUCATION THROUGH

TECHNOLOGY

‘‘SEC. 2401. SHORT TITLE.

‘‘This part may be cited as the ‘Enhancing Education Through

Technology Act of 2001’.

‘‘SEC. 2402. PURPOSES AND GOALS.

‘‘(a) PURPOSES.—The purposes of this part are the following: ‘‘(1) To provide assistance to States and localities for the

implementation and support of a comprehensive system that effectively uses technology in elementary schools and secondary

schools to improve student academic achievement. ‘‘(2) To encourage the establishment or expansion of initiatives, including initiatives involving public-private partnerships, designed to increase access to technology, particularly in

schools served by high-need local educational agencies. ‘‘(3) To assist States and localities in the acquisition, development, interconnection, implementation, improvement, and

maintenance of an effective educational technology infrastructure in a manner that expands access to technology for students

(particularly for disadvantaged students) and teachers. ‘‘(4) To promote initiatives that provide school teachers,

principals, and administrators with the capacity to integrate

technology effectively into curricula and instruction that are

aligned with challenging State academic content and student

academic achievement standards, through such means as highquality professional development programs. ‘‘(5) To enhance the ongoing professional development of

teachers, principals, and administrators by providing constant

access to training and updated research in teaching and learning through electronic means. ‘‘(6) To support the development and utilization of electronic networks and other innovative methods, such as distance

learning, of delivering specialized or rigorous academic courses

and curricula for students in areas that would not otherwise

have access to such courses and curricula, particularly in geographically isolated regions.

‘‘(7) To support the rigorous evaluation of programs funded

under this part, particularly regarding the impact of such programs on student academic achievement, and ensure that timely information on the results of such evaluations is widely accessible through electronic means.

‘‘(8) To support local efforts using technology to promote

parent and family involvement in education and communication among students, parents, teachers, principals, and administrators.

‘‘(b) GOALS.—

‘‘(1) PRIMARY GOAL.—The primary goal of this part is to improve student academic achievement through the use of technology in elementary schools and secondary schools.

‘‘(2) ADDITIONAL GOALS.—The additional goals of this part

are the following:

‘‘(A) To assist every student in crossing the digital divide by ensuring that every student is technologically literate by the time the student finishes the eighth grade, reVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00256 Fmt 6659 Sfmt 6603 E:\HR\OC\A334HR.092 pfrm07 PsN: A334HR
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gardless of the student’s race, ethnicity, gender, family income, geographic location, or disability.

‘‘(B) To encourage the effective integration of technology

resources and systems with teacher training and curriculum development to establish research-based instructional methods that can be widely implemented as best

practices by State educational agencies and local educational agencies.

‘‘SEC. 2403. DEFINITIONS.

‘‘In this part:

‘‘(1) ELIGIBLE LOCAL ENTITY.—The term ‘eligible local entity’ means—

‘‘(A) a high-need local educational agency; or

‘‘(B) an eligible local partnership.

‘‘(2) ELIGIBLE LOCAL PARTNERSHIP.—The term ‘eligible local

partnership’ means a partnership that—

‘‘(A) shall include at least one high-need local educational agency and at least one—

‘‘(i) local educational agency that can demonstrate

that teachers in schools served by the agency are effectively integrating technology and proven teaching practices into instruction, based on a review of relevant research, and that the integration results in improvement

in—

‘‘(I) classroom instruction in the core academic

subjects; and

‘‘(II) the preparation of students to meet challenging State academic content and student academic achievement standards;

‘‘(ii) institution of higher education that is in full

compliance with the reporting requirements of section

207(f) of the Higher Education Act of 1965 and that

has not been identified by its State as low-performing

under section 208 of such Act;

‘‘(iii) for-profit business or organization that develops, designs, manufactures, or produces technology

products or services, or has substantial expertise in the

application of technology in instruction; or

‘‘(iv) public or private nonprofit organization with

demonstrated experience in the application of educational technology to instruction; and

‘‘(B) may include other local educational agencies, educational service agencies, libraries, or other educational entities appropriate to provide local programs.

‘‘(3) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term

‘high-need local educational agency’ means a local educational

agency that—

‘‘(A) is among the local educational agencies in a State

with the highest numbers or percentages of children from

families with incomes below the poverty line; and

‘‘(B)(i) operates one or more schools identified under

section 1116; or

‘‘(ii) has a substantial need for assistance in acquiring

and using technology.

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‘‘SEC. 2404. AUTHORIZATION OF APPROPRIATIONS.

‘‘(a) IN GENERAL.—There are authorized to be appropriated to

carry out subparts 1 and 2 $1,000,000,000 for fiscal year 2002, and

such sums as may be necessary for each of the 5 succeeding fiscal

years.

‘‘(b) ALLOCATION OF FUNDS BETWEEN STATE AND LOCAL AND

NATIONAL INITIATIVES.—The amount of funds made available under

subsection (a) for a fiscal year shall be allocated so that—

‘‘(1) not less than 98 percent is made available to carry out

subpart 1; and

‘‘(2) not more than 2 percent is made available to carry out

subpart 2.

‘‘(c) ALLOCATION OF FUNDS FOR STUDY.—Of the total amount of

funds allocated under subsection (b)(2) for fiscal years 2002 through

2007, not more than $15,000,000 may be used to carry out section

2421(a).

‘‘(d) LIMITATION.—Of the amount of funds made available to a

recipient of funds under this part for a fiscal year, not more than

5 percent may be used by the recipient for administrative costs or

technical assistance, of which not more than 60 percent may be used

by the recipient for administrative costs.

‘‘Subpart 1—State and Local Technology Grants

‘‘SEC. 2411. ALLOTMENT AND REALLOTMENT.

‘‘(a) RESERVATIONS AND ALLOTMENT.—From the amount made

available to carry out this subpart under section 2404(b)(1) for a fiscal year—

‘‘(1) the Secretary shall reserve—

‘‘(A) 3⁄4 of 1 percent for the Secretary of the Interior for

programs under this subpart for schools operated or funded

by the Bureau of Indian Affairs;

‘‘(B) 1⁄2 of 1 percent to provide assistance under this

subpart to the outlying areas; and

‘‘(C) such sums as may be necessary for continuation

awards on grants awarded under section 3136 prior to the

date of enactment of the No Child Left Behind Act of 2001;

and

‘‘(2) from the remainder of such amount and subject to subsection (b), the Secretary shall make grants by allotting to each

eligible State educational agency under this subpart an amount

that bears the same relationship to such remainder for such

year as the amount received under part A of title I for such year

by such State educational agency bears to the amount received

under such part for such year by all State educational agencies.

‘‘(b) MINIMUM ALLOTMENT.—The amount of any State educational agency’s allotment under subsection (a)(2) for any fiscal

year may not be less than 1⁄2 of 1 percent of the amount made available for allotments to States under this part for such year.

‘‘(c) REALLOTMENT OF UNUSED FUNDS.—If any State educational agency does not apply for an allotment under this subpart

for a fiscal year, or does not use its entire allotment under this subpart for that fiscal year, the Secretary shall reallot the amount of

the State educational agency’s allotment, or the unused portion of

the allotment, to the remaining State educational agencies that use

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their entire allotments under this subpart in accordance with this

section. ‘‘(d) STATE EDUCATIONAL AGENCY DEFINED.—In this section,

the term ‘State educational agency’ does not include an agency of an

outlying area or the Bureau of Indian Affairs.

‘‘SEC. 2412. USE OF ALLOTMENT BY STATE.

‘‘(a) IN GENERAL.—Of the amount provided to a State educational agency (from the agency’s allotment under section

2411(a)(2)) for a fiscal year— ‘‘(1) the State educational agency may use not more than 5

percent to carry out activities under section 2415; and ‘‘(2) the State educational agency shall distribute the remainder as follows: ‘‘(A) From 50 percent of the remainder, the State educational agency shall award subgrants by allocating to

each eligible local educational agency that has submitted

an application to the State educational agency under section 2414, for the activities described in section 2416, an

amount that bears the same relationship to 50 percent of

the remainder for such year as the amount received under

part A of title I for such year by such local educational

agency bears to the amount received under such part for

such year by all local educational agencies within the

State.‘‘(B) From 50 percent of the remainder and subject to

subsection (b), the State educational agency shall award

subgrants, through a State-determined competitive process,

to eligible local entities that have submitted applications to

the State educational agency under section 2414, for the activities described in section 2416. ‘‘(b) SUFFICIENT AMOUNTS.— ‘‘(1) SPECIAL RULE.—In awarding a subgrant under subsection (a)(2)(B), the State educational agency shall— ‘‘(A) determine the local educational agencies that— ‘‘(i) received allocations under subsection (a)(2)(A)

that are not of sufficient size to be effective, consistent

with the purposes of this part; and ‘‘(ii) are eligible local entities; ‘‘(B) give priority to applications submitted by eligible

local educational agencies described in subparagraph (A);

and

‘‘(C) determine the minimum amount for awards under

subsection (a)(2)(B) to ensure that subgrants awarded

under that subsection are of sufficient size to be effective.

‘‘(2) SUFFICIENCY.—In awarding subgrants under subsection (a)(2)(B), each State educational agency shall ensure

that each subgrant is of sufficient size and duration, and that

the program funded by the subgrant is of sufficient scope and

quality, to carry out the purposes of this part effectively.

‘‘(3) DISTRIBUTION.—In awarding subgrants under subsection (a)(2)(B), each State educational agency shall ensure an

equitable distribution of assistance under this subpart among

urban and rural areas of the State, according to the demonstrated need of those local educational agencies serving the

areas.

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‘‘(c) FISCAL AGENT.—If an eligible local partnership receives a

subgrant under subsection (a)(2)(B), a local educational agency in

the partnership shall serve as the fiscal agent for the partnership. ‘‘(d) TECHNICAL ASSISTANCE.—Each State educational agency

receiving a grant under section 2411(a) shall— ‘‘(1) identify the local educational agencies served by the

State educational agency that— ‘‘(A) have the highest numbers or percentages of children from families with incomes below the poverty line;

and ‘‘(B) demonstrate to such State educational agency the

greatest need for technical assistance in developing an application under section 2414; and

‘‘(2) offer the technical assistance described in paragraph

(1)(B) to those local educational agencies.

‘‘SEC. 2413. STATE APPLICATIONS.

‘‘(a) IN GENERAL.—To be eligible to receive a grant under this

subpart, a State educational agency shall submit to the Secretary,

at such time and in such manner as the Secretary may specify, an

application containing a new or updated statewide long-range strategic educational technology plan (which shall address the educational technology needs of local educational agencies) and such

other information as the Secretary may reasonably require. ‘‘(b) CONTENTS.—Each State application submitted under subsection (a) shall include each of the following: ‘‘(1) An outline of the State educational agency’s long-term

strategies for improving student academic achievement, including technology literacy, through the effective use of technology

in classrooms throughout the State, including through improving the capacity of teachers to integrate technology effectively

into curricula and instruction. ‘‘(2) A description of the State educational agency’s goals

for using advanced technology to improve student academic

achievement, and how those goals are aligned with challenging

State academic content and student academic achievement

standards. ‘‘(3) A description of how the State educational agency will

take steps to ensure that all students and teachers in the State,

particularly students and teachers in districts served by highneed local educational agencies, have increased access to technology.

‘‘(4) A description of the process and accountability measures that the State educational agency will use to evaluate the

extent to which activities funded under this subpart are effective

in integrating technology into curricula and instruction.

‘‘(5) A description of how the State educational agency will

encourage the development and utilization of innovative strategies for the delivery of specialized or rigorous academic courses

and curricula through the use of technology, including distance

learning technologies, particularly for those areas of the State

that would not otherwise have access to such courses and curricula due to geographical isolation or insufficient resources.

‘‘(6) An assurance that financial assistance provided under

this subpart will supplement, and not supplant, State and local

funds.

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‘‘(7) A description of how the plan incorporates teacher education, professional development, and curriculum development,

and how the State educational agency will work to ensure that

teachers and principals in a State receiving funds under this

part are technologically literate.

‘‘(8) A description of—

‘‘(A) how the State educational agency will provide

technical assistance to applicants under section 2414, especially to those applicants serving the highest numbers or

percentages of children in poverty or with the greatest need

for technical assistance; and

‘‘(B) the capacity of the State educational agency to provide such assistance.

‘‘(9) A description of technology resources and systems that

the State will provide for the purpose of establishing best practices that can be widely replicated by State educational agencies

and local educational agencies in the State and in other States.

‘‘(10) A description of the State’s long-term strategies for financing technology to ensure that all students, teachers, and

classrooms have access to technology.

‘‘(11) A description of the State’s strategies for using technology to increase parental involvement.

‘‘(12) A description of how the State educational agency will

ensure that each subgrant awarded under section 2412(a)(2)(B)

is of sufficient size and duration, and that the program funded

by the subgrant is of sufficient scope and quality, to carry out

the purposes of this part effectively.

‘‘(13) A description of how the State educational agency will

ensure ongoing integration of technology into school curricula

and instructional strategies in all schools in the State, so that

technology will be fully integrated into the curricula and instruction of the schools by December 31, 2006.

‘‘(14) A description of how the local educational agencies in

the State will provide incentives to teachers who are technologically literate and teaching in rural or urban areas, to encourage such teachers to remain in those areas.

‘‘(15) A description of how public and private entities will

participate in the implementation and support of the plan.

‘‘(c) DEEMED APPROVAL.—An application submitted by a State

educational agency pursuant to subsection (a) shall be deemed to be

approved by the Secretary unless the Secretary makes a written determination, prior to the expiration of the 120-day period beginning

on the date on which the Secretary received the application, that the

application is not in compliance with this part.

‘‘(d) DISAPPROVAL.—The Secretary shall not finally disapprove

the application, except after giving the State educational agency notice and an opportunity for a hearing.

‘‘(e) NOTIFICATION.—If the Secretary finds that the application

is not in compliance, in whole or in part, with this part, the Secretary shall—

‘‘(1) give the State educational agency notice and an opportunity for a hearing; and

‘‘(2) notify the State educational agency of the finding of

noncompliance and, in such notification, shall—

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‘‘(A) cite the specific provisions in the application that

are not in compliance; and ‘‘(B) request additional information, only as to the noncompliant provisions, needed to make the application compliant. ‘‘(f) RESPONSE.—If the State educational agency responds to the

Secretary’s notification described in subsection (e)(2) during the 45-

day period beginning on the date on which the agency received the

notification, and resubmits the application with the requested information described in subsection (e)(2)(B), the Secretary shall approve

or disapprove such application prior to the later of— ‘‘(1) the expiration of the 45-day period beginning on the

date on which the application is resubmitted; or ‘‘(2) the expiration of the 120-day period described in subsection (c).

‘‘(g) FAILURE TO RESPOND.—If the State educational agency

does not respond to the Secretary’s notification described in subsection (e)(2) during the 45-day period beginning on the date on

which the agency received the notification, such application shall be

deemed to be disapproved.

‘‘SEC. 2414. LOCAL APPLICATIONS.

‘‘(a) IN GENERAL.—To be eligible to receive a subgrant from a

State educational agency under this subpart, a local educational

agency or eligible local entity shall submit to the State educational

agency an application containing a new or updated local long-range

strategic educational technology plan that is consistent with the objectives of the statewide educational technology plan described in

section 2413(a), and such other information as the State educational

agency may reasonably require, at such time and in such manner

as the State educational agency may require. ‘‘(b) CONTENTS.—The application shall include each of the following: ‘‘(1) A description of how the applicant will use Federal

funds under this subpart to improve the student academic

achievement, including technology literacy, of all students attending schools served by the local educational agency and to

improve the capacity of all teachers teaching in schools served

by the local educational agency to integrate technology effectively into curricula and instruction. ‘‘(2) A description of the applicant’s specific goals for using

advanced technology to improve student academic achievement,

aligned with challenging State academic content and student

academic achievement standards.

‘‘(3) A description of the steps the applicant will take to ensure that all students and teachers in schools served by the

local educational agency involved have increased access to educational technology, including how the agency would use funds

under this subpart (such as combining the funds with funds

from other sources), to help ensure that— ‘‘(A) students in high-poverty and high-needs schools,

or schools identified under section 1116, have access to

technology; and ‘‘(B) teachers are prepared to integrate technology effectively into curricula and instruction.

‘‘(4) A description of how the applicant will—

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‘‘(A) identify and promote curricula and teaching strategies that integrate technology effectively into curricula and

instruction, based on a review of relevant research, leading

to improvements in student academic achievement, as

measured by challenging State academic content and student academic achievement standards; and ‘‘(B) provide ongoing, sustained professional development for teachers, principals, administrators, and school library media personnel serving the local educational agency,

to further the effective use of technology in the classroom or

library media center, including, if applicable, a list of the

entities that will be partners with the local educational

agency involved in providing the ongoing, sustained professional development.

‘‘(5) A description of the type and costs of technologies to be

acquired under this subpart, including services, software, and

digital curricula, and including specific provisions for interoperability among components of such technologies. ‘‘(6) A description of how the applicant will coordinate activities carried out with funds provided under this subpart with

technology-related activities carried out with funds available

from other Federal, State, and local sources. ‘‘(7) A description of how the applicant will integrate technology (including software and other electronically delivered

learning materials) into curricula and instruction, and a

timeline for such integration. ‘‘(8) A description of how the applicant will encourage the

development and utilization of innovative strategies for the delivery of specialized or rigorous academic courses and curricula

through the use of technology, including distance learning technologies, particularly for those areas that would not otherwise

have access to such courses and curricula due to geographical

isolation or insufficient resources. ‘‘(9) A description of how the applicant will ensure the effective use of technology to promote parental involvement and increase communication with parents, including a description of

how parents will be informed of the technology being applied in

their child’s education so that the parents are able to reinforce

at home the instruction their child receives at school.

‘‘(10) A description of how programs will be developed,

where applicable, in collaboration with adult literacy service

providers, to maximize the use of technology.

‘‘(11) A description of the process and accountability measures that the applicant will use to evaluate the extent to which

activities funded under this subpart are effective in integrating

technology into curricula and instruction, increasing the ability

of teachers to teach, and enabling students to meet challenging

State academic content and student academic achievement

standards.

‘‘(12) A description of the supporting resources (such as

services, software, other electronically delivered learning materials, and print resources) that will be acquired to ensure successful and effective uses of technology.

‘‘(c) COMBINED APPLICATIONS.—A local educational agency that

is an eligible local entity and submits an application to the State

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educational agency under this section for funds awarded under section 2412(a)(2)(A) may combine the agency’s application for funds

awarded under that section with an application for funds awarded

under section 2412(a)(2)(B).

‘‘(d) SPECIAL RULE.—

‘‘(1) CONSORTIUM APPLICATIONS.—

‘‘(A) IN GENERAL.—For any fiscal year, a local educational agency applying for financial assistance described

in section 2412(a)(2)(A) may apply as part of a consortium

that includes other local educational agencies, institutions

of higher education, educational service agencies, libraries,

or other educational entities appropriate to provide local

programs.

‘‘(B) FISCAL AGENT.—If a local educational agency applies for and receives financial assistance described in section 2412(a)(2)(A) as part of a consortium, the local educational agency shall serve as the fiscal agent for the consortium.

‘‘(2) STATE EDUCATIONAL AGENCY ASSISTANCE.—At the request of a local educational agency, a State educational agency

may assist the local educational agency in the formation of a

consortium described in paragraph (1) to provide services for

the teachers and students served by the local educational agency.

‘‘SEC. 2415. STATE ACTIVITIES.

‘‘From funds made available under section 2412(a)(1), a State

educational agency shall carry out activities and assist local efforts

to carry out the purposes of this part, which may include the following activities:

‘‘(1) Developing, or assisting applicants or recipients of

funds under this subpart in the development and utilization of,

innovative strategies for the delivery of specialized or rigorous

academic courses and curricula through the use of technology,

including distance learning technologies, and providing other

technical assistance to such applicants or recipients throughout

the State, with priority given to high-need local educational

agencies.

‘‘(2) Establishing or supporting public-private initiatives

(such as interest-free or reduced-cost loans) for the acquisition

of educational technology for high-need local educational agencies and students attending schools served by such agencies.

‘‘(3) Assisting recipients of funds under this subpart in providing sustained and intensive, high-quality professional development based on a review of relevant research in the integration

of advanced technologies, including emerging technologies, into

curricula and instruction and in using those technologies to create new learning environments, including training in the use of

technology to—

‘‘(A) access data and resources to develop curricula and

instructional materials;

‘‘(B) enable teachers—

‘‘(i) to use the Internet and other technology to communicate with parents, other teachers, principals, and

administrators; and

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‘‘(ii) to retrieve Internet-based learning resources;

and

‘‘(C) lead to improvements in classroom instruction in

the core academic subjects, that effectively prepare students

to meet challenging State academic content standards and

student academic achievement standards.

‘‘(4) Assisting recipients of funds under this subpart in providing all students (including students with disabilities and

students with limited English proficiency) and teachers with access to educational technology. ‘‘(5) Developing performance measurement systems to determine the effectiveness of educational technology programs funded under this subpart, particularly in determining the extent to

which activities funded under this subpart are effective in integrating technology into curricula and instruction, increasing

the ability of teachers to teach, and enabling students to meet

challenging State academic content and student academic

achievement standards. ‘‘(6) Collaborating with other State educational agencies on

distance learning, including making specialized or rigorous

academic courses and curricula available to students in areas

that would not otherwise have access to such courses and curricula.

‘‘SEC. 2416. LOCAL ACTIVITIES.

‘‘(a) PROFESSIONAL DEVELOPMENT.— ‘‘(1) IN GENERAL.—A recipient of funds made available

under section 2412(a)(2) shall use not less than 25 percent of

such funds to provide ongoing, sustained, and intensive, highquality professional development. The recipient shall provide

professional development in the integration of advanced technologies, including emerging technologies, into curricula and

instruction and in using those technologies to create new learning environments, such as professional development in the use

of technology— ‘‘(A) to access data and resources to develop curricula

and instructional materials; ‘‘(B) to enable teachers— ‘‘(i) to use the Internet and other technology to communicate with parents, other teachers, principals, and

administrators; and ‘‘(ii) to retrieve Internet-based learning resources;

and

‘‘(C) to lead to improvements in classroom instruction

in the core academic subjects, that effectively prepare students to meet challenging State academic content standards, including increasing student technology literacy, and

student academic achievement standards.

‘‘(2) WAIVERS.—Paragraph (1) shall not apply to a recipient

of funds made available under section 2412(a)(2) that demonstrates, to the satisfaction of the State educational agency involved, that the recipient already provides ongoing, sustained,

and intensive, high-quality professional development that is

based on a review of relevant research, to all teachers in core

academic subjects in the integration of advanced technologies,

including emerging technologies, into curricula and instruction.

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‘‘(b) OTHER ACTIVITIES.—In addition to the activities described

in subsection (a), a recipient of funds made available by a State

educational agency under section 2412(a)(2) shall use such funds to

carry out other activities consistent with this subpart, which may

include the following: ‘‘(1) Establishing or expanding initiatives, particularly initiatives involving public-private partnerships, designed to increase access to technology for students and teachers, with special emphasis on the access of high-need schools to technology. ‘‘(2) Adapting or expanding existing and new applications

of technology to enable teachers to increase student academic

achievement, including technology literacy— ‘‘(A) through the use of teaching practices that are

based on a review of relevant research and are designed to

prepare students to meet challenging State academic content and student academic achievement standards; and ‘‘(B) by the development and utilization of innovative

distance learning strategies to deliver specialized or rigorous academic courses and curricula to areas that would

not otherwise have access to such courses and curricula.

‘‘(3) Acquiring proven and effective courses and curricula

that include integrated technology and are designed to help students meet challenging State academic content and student academic achievement standards. ‘‘(4) Utilizing technology to develop or expand efforts to connect schools and teachers with parents and students to promote

meaningful parental involvement, to foster increased communication about curricula, assignments, and assessments between

students, parents, and teachers, and to assist parents to understand the technology being applied in their child’s education, so

that parents are able to reinforce at home the instruction their

child receives at school. ‘‘(5) Preparing one or more teachers in elementary schools

and secondary schools as technology leaders who are provided

with the means to serve as experts and train other teachers in

the effective use of technology, and providing bonus payments

to the technology leaders.

‘‘(6) Acquiring, adapting, expanding, implementing, repairing, and maintaining existing and new applications of technology, to support the school reform effort and to improve student academic achievement, including technology literacy.

‘‘(7) Acquiring connectivity linkages, resources, and services

(including the acquisition of hardware and software and other

electronically delivered learning materials) for use by teachers,

students, academic counselors, and school library media personnel in the classroom, in academic and college counseling

centers, or in school library media centers, in order to improve

student academic achievement.

‘‘(8) Using technology to collect, manage, and analyze data

to inform and enhance teaching and school improvement efforts.

‘‘(9) Implementing performance measurement systems to determine the effectiveness of education technology programs

funded under this subpart, particularly in determining the extent to which activities funded under this subpart are effective

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creasing the ability of teachers to teach, and enabling students

to meet challenging State academic content and student academic achievement standards.

‘‘(10) Developing, enhancing, or implementing information

technology courses.

‘‘Subpart 2—National Technology Activities

‘‘SEC. 2421. NATIONAL ACTIVITIES.

‘‘(a) STUDY.—Using funds made available under section

2404(b)(2), the Secretary—

‘‘(1) shall conduct an independent, long-term study, utilizing scientifically based research methods and control groups

or control conditions—

‘‘(A) on the conditions and practices under which educational technology is effective in increasing student academic achievement; and

‘‘(B) on the conditions and practices that increase the

ability of teachers to integrate technology effectively into

curricula and instruction, that enhance the learning environment and opportunities, and that increase student academic achievement, including technology literacy;

‘‘(2) shall establish an independent review panel to advise

the Secretary on methodological and other issues that arise in

conducting the long-term study;

‘‘(3) shall consult with other interested Federal departments

or agencies, State and local educational practitioners and policymakers (including teachers, principals, and superintendents),

and experts in technology, regarding the study; and

‘‘(4) shall submit to Congress interim reports, when appropriate, and a final report, to be submitted not later than April

1, 2006, on the findings of the study.

‘‘(b) DISSEMINATION.—Using funds made available under section 2404(b)(2), the Secretary shall make widely available, including

through dissemination on the Internet and to all State educational

agencies and other recipients of funds under this part, findings

identified through activities carried out under this section regarding

the conditions and practices under which educational technology is

effective in increasing student academic achievement.

‘‘(c) TECHNICAL ASSISTANCE.—Using funds made available

under section 2404(b)(2), the Secretary may provide technical assistance (directly or through the competitive award of grants or contracts) to State educational agencies, local educational agencies, and

other recipients of funds, particularly in rural areas, under this

part, in order to assist such State educational agencies, local educational agencies, and other recipients to achieve the purposes of

this part.

‘‘SEC. 2422. NATIONAL EDUCATION TECHNOLOGY PLAN.

‘‘(a) IN GENERAL.—Based on the Nation’s progress and an assessment by the Secretary of the continuing and future needs of the

Nation’s schools in effectively using technology to provide all students the opportunity to meet challenging State academic content

and student academic achievement standards, the Secretary shall

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tional long-range technology plan, by not later than 12 months after

the date of enactment of the No Child Left Behind Act of 2001. ‘‘(b) CONTENTS.—The plan referred to in subsection (a) shall include each of the following: ‘‘(1) A description of the manner in which the Secretary will

promote—

‘‘(A) higher student academic achievement through the

integration of advanced technologies, including emerging

technologies, into curricula and instruction; ‘‘(B) increased access to technology for teaching and

learning for schools with a high number or percentage of

children from families with incomes below the poverty line;

and ‘‘(C) the use of technology to assist in the implementation of State systemic reform strategies.

‘‘(2) A description of joint activities of the Department of

Education and other Federal departments or agencies that will

promote the use of technology in education.

‘‘Subpart 3—Ready-to-Learn Television

‘‘SEC. 2431. READY-TO-LEARN TELEVISION.

‘‘(a) PROGRAM AUTHORIZED.— ‘‘(1) IN GENERAL.—The Secretary is authorized to award

grants to, or enter into contracts or cooperative agreements

with, eligible entities described in paragraph (3) to enable such

entities—

‘‘(A) to develop, produce, and distribute educational

and instructional video programming for preschool and elementary school children and their parents in order to facilitate student academic achievement; ‘‘(B) to facilitate the development, directly or through

contracts with producers of children and family educational television programming, of educational programming for preschool and elementary school children, and the

accompanying support materials and services that promote

the effective use of such programming; ‘‘(C) to facilitate the development of programming and

digital content containing Ready-to-Learn-based children’s

programming and resources for parents and caregivers that

is specially designed for nationwide distribution over public

television stations’ digital broadcasting channels and the

Internet; ‘‘(D) to contract with entities (such as public telecommunications entities) so that programs developed under

this section are disseminated and distributed to the widest

possible audience appropriate to be served by the programming, and through the use of the most appropriate distribution technologies; and ‘‘(E) to develop and disseminate education and training

materials, including interactive programs and programs

adaptable to distance learning technologies, that are

designed—

‘‘(i) to promote school readiness; and

‘‘(ii) to promote the effective use of materials developed under subparagraphs (B) and (C) among parents,

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teachers, Head Start providers, Even Start providers,

providers of family literacy services, child care providers, early childhood development personnel, elementary school teachers, public libraries, and after-school

program personnel caring for preschool and elementary

school children.

‘‘(2) AVAILABILITY.—In awarding grants, contracts, or cooperative agreements under this section, the Secretary shall ensure that eligible entities make programming widely available,

with support materials as appropriate, to young children, parents, child care workers, Head Start providers, Even Start providers, and providers of family literacy services to increase the

effective use of such programming.

‘‘(3) ELIGIBLE ENTITIES.—To be eligible to receive a grant,

contract, or cooperative agreements under this section, an entity

shall be a public telecommunications entity that is able to demonstrate each of the following:

‘‘(A) A capacity for the development and national distribution of educational and instructional television programming of high quality that is accessible by a large majority of disadvantaged preschool and elementary school

children.

‘‘(B) A capacity to contract with the producers of children’s television programming for the purpose of developing

educational television programming of high quality.

‘‘(C) A capacity, consistent with the entity’s mission

and nonprofit nature, to negotiate such contracts in a manner that returns to the entity an appropriate share of any

ancillary income from sales of any program-related products.

‘‘(D) A capacity to localize programming and materials

to meet specific State and local needs and to provide educational outreach at the local level.

‘‘(4) COORDINATION OF ACTIVITIES.—An entity receiving a

grant, contract, or cooperative agreement under this section

shall consult with the Secretary and the Secretary of Health

and Human Services—

‘‘(A) to maximize the utilization of quality educational

programming by preschool and elementary school children,

and make such programming widely available to federally

funded programs serving such populations; and

‘‘(B) to coordinate activities with Federal programs that

have major training components for early childhood development, including programs under the Head Start Act (42

U.S.C. 9831 et seq.) and Even Start, and State training activities funded under the Child Care and Development

Block Grant Act of 1990 (42 U.S.C. 9858 et seq.), regarding

the availability and utilization of materials developed

under paragraph (1)(E) to enhance parent and child care

provider skills in early childhood development and education.

‘‘(b) APPLICATIONS.—To be eligible to receive a grant, contract,

or cooperative agreement under subsection (a), an entity shall submit to the Secretary an application at such time, in such manner,

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and containing such information as the Secretary may reasonably

require.

‘‘(c) REPORTS AND EVALUATIONS.—

‘‘(1) ANNUAL REPORT TO THE SECRETARY.—An entity receiving a grant, contract, or cooperative agreement under this section shall prepare and submit to the Secretary an annual report

that contains such information as the Secretary may require. At

a minimum, the report shall describe the program activities undertaken with funds received under the grant, contract, or cooperative agreement, including each of the following:

‘‘(A) The programming that has been developed, directly or indirectly, by the eligible entity, and the target

population of the programs developed.

‘‘(B) The support and training materials that have been

developed to accompany the programming, and the method

by which the materials are distributed to consumers and

users of the programming.

‘‘(C) The means by which programming developed

under this section has been distributed, including the distance learning technologies that have been utilized to make

programming available, and the geographic distribution

achieved through such technologies.

‘‘(D) The initiatives undertaken by the entity to develop

public-private partnerships to secure non-Federal support

for the development, distribution, and broadcast of educational and instructional programming.

‘‘(2) REPORT TO CONGRESS.—The Secretary shall prepare

and submit to the relevant committees of Congress a biannual

report that includes the following:

‘‘(A) A summary of the activities assisted under subsection (a).

‘‘(B) A description of the education and training materials made available under subsection (a)(1)(E), the manner

in which outreach has been conducted to inform parents

and child care providers of the availability of such materials, and the manner in which such materials have been

distributed in accordance with such subsection.

‘‘(d) ADMINISTRATIVE COSTS.—An entity that receives a grant,

contract, or cooperative agreement under this section may use up to

5 percent of the amount received under the grant, contract, or agreement for the normal and customary expenses of administering the

grant, contract, or agreement.

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—

‘‘(1) IN GENERAL.—There are authorized to be appropriated

to carry out this section such sums as may be necessary for fiscal year 2002, and for each of the 5 succeeding fiscal years.

‘‘(2) FUNDING RULE.—Not less than 60 percent of the

amount appropriated under paragraph (1) for each fiscal year

shall be used to carry out activities under subparagraphs (B)

through (D) of subsection (a)(1).

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‘‘Subpart 4—Limitation on Availability of Certain Funds for

Schools

‘‘SEC. 2441. INTERNET SAFETY.

‘‘(a) IN GENERAL.—No funds made available under this part to

a local educational agency for an elementary school or secondary

school that does not receive services at discount rates under section

254(h)(5) of the Communications Act of 1934 (47 U.S.C. 254(h)(5))

may be used to purchase computers used to access the Internet, or

to pay for direct costs associated with accessing the Internet, for

such school unless the school, school board, local educational agency, or other authority with responsibility for administration of such

school both—

‘‘(1)(A) has in place a policy of Internet safety for minors

that includes the operation of a technology protection measure

with respect to any of its computers with Internet access that

protects against access through such computers to visual depictions that are—

‘‘(i) obscene;

‘‘(ii) child pornography; or

‘‘(iii) harmful to minors; and

‘‘(B) is enforcing the operation of such technology protection

measure during any use of such computers by minors; and

‘‘(2)(A) has in place a policy of Internet safety that includes

the operation of a technology protection measure with respect to

any of its computers with Internet access that protects against

access through such computers to visual depictions that are—

‘‘(i) obscene; or

‘‘(ii) child pornography; and

‘‘(B) is enforcing the operation of such technology protection

measure during any use of such computers.

‘‘(b) TIMING AND APPLICABILITY OF IMPLEMENTATION.—

‘‘(1) IN GENERAL.—The local educational agency with responsibility for a school covered by subsection (a) shall certify

the compliance of such school with the requirements of subsection (a) as part of the application process for the next program funding year under this Act following December 21, 2000,

and for each subsequent program funding year thereafter.

‘‘(2) PROCESS.—

‘‘(A) SCHOOLS WITH INTERNET SAFETY POLICIES AND

TECHNOLOGY PROTECTION MEASURES IN PLACE.—A local

educational agency with responsibility for a school covered

by subsection (a) that has in place an Internet safety policy

meeting the requirements of subsection (a) shall certify its

compliance with subsection (a) during each annual program application cycle under this Act.

‘‘(B) SCHOOLS WITHOUT INTERNET SAFETY POLICIES AND

TECHNOLOGY PROTECTION MEASURES IN PLACE.—

‘‘(i) CERTIFICATION.—A local educational agency

with responsibility for a school covered by subsection

(a) that does not have in place an Internet safety policy

meeting the requirements of subsection (a)— ‘‘(I) for the first program year after December

21, 2000, in which the local educational agency is

applying for funds for such school under this Act,

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shall certify that it is undertaking such actions, including any necessary procurement procedures, to

put in place an Internet safety policy that meets

such requirements; and ‘‘(II) for the second program year after December 21, 2000, in which the local educational agency

is applying for funds for such school under this

Act, shall certify that such school is in compliance

with such requirements.

‘‘(ii) INELIGIBILITY.—Any school covered by subsection (a) for which the local educational agency concerned is unable to certify compliance with such requirements in such second program year shall be ineligible for all funding under this part for such second

program year and all subsequent program years until

such time as such school comes into compliance with

such requirements.

‘‘(C) WAIVERS.—Any school subject to a certification

under subparagraph (B)(i)(II) for which the local educational agency concerned cannot make the certification

otherwise required by that subparagraph may seek a waiver of that subparagraph if State or local procurement rules

or regulations or competitive bidding requirements prevent

the making of the certification otherwise required by that

subparagraph. The local educational agency concerned

shall notify the Secretary of the applicability of that subparagraph to the school. Such notice shall certify that the

school will be brought into compliance with the requirements in subsection (a) before the start of the third program year after December 21, 2000, in which the school is

applying for funds under this part. ‘‘(c) DISABLING DURING CERTAIN USE.—An administrator, supervisor, or person authorized by the responsible authority under

subsection (a) may disable the technology protection measure concerned to enable access for bona fide research or other lawful purposes.‘‘(d) NONCOMPLIANCE.— ‘‘(1) USE OF GENERAL EDUCATION PROVISIONS ACT REM- EDIES.—Whenever the Secretary has reason to believe that any

recipient of funds under this part is failing to comply substantially with the requirements of this section, the Secretary may— ‘‘(A) withhold further payments to the recipient under

this part; ‘‘(B) issue a complaint to compel compliance of the recipient through a cease and desist order; or ‘‘(C) enter into a compliance agreement with a recipient

to bring it into compliance with such requirements,

in same manner as the Secretary is authorized to take such actions under sections 455, 456, and 457, respectively, of the General Education Provisions Act.

‘‘(2) RECOVERY OF FUNDS PROHIBITED.—The actions authorized by paragraph (1) are the exclusive remedies available with

respect to the failure of a school to comply substantially with

a provision of this section, and the Secretary shall not seek a

recovery of funds from the recipient for such failure.

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‘‘(3) RECOMMENCEMENT OF PAYMENTS.—Whenever the Secretary determines (whether by certification or other appropriate

evidence) that a recipient of funds who is subject to the withholding of payments under paragraph (1)(A) has cured the failure providing the basis for the withholding of payments, the

Secretary shall cease the withholding of payments to the recipient under that paragraph.

‘‘(e) DEFINITIONS.—In this subpart:

‘‘(1) COMPUTER.—The term ‘computer’ includes any hardware, software, or other technology attached or connected to, installed in, or otherwise used in connection with a computer.

‘‘(2) ACCESS TO INTERNET.—A computer shall be considered

to have access to the Internet if such computer is equipped with

a modem or is connected to a computer network that has access

to the Internet.

‘‘(3) ACQUISITION OR OPERATION.—An elementary school or

secondary school shall be considered to have received funds

under this part for the acquisition or operation of any computer

if such funds are used in any manner, directly or indirectly—

‘‘(A) to purchase, lease, or otherwise acquire or obtain

the use of such computer; or

‘‘(B) to obtain services, supplies, software, or other actions or materials to support, or in connection with, the operation of such computer.

‘‘(4) MINOR.—The term ‘minor’ means an individual who

has not attained the age of 17.

‘‘(5) CHILD PORNOGRAPHY.—The term ‘child pornography’

has the meaning given that term in section 2256 of title 18,

United States Code.

‘‘(6) HARMFUL TO MINORS.—The term ‘harmful to minors’

means any picture, image, graphic image file, or other visual

depiction that—

‘‘(A) taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion;

‘‘(B) depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an

actual or simulated sexual act or sexual contact, actual or

simulated normal or perverted sexual acts, or a lewd exhibition of the genitals; and

‘‘(C) taken as a whole, lacks serious literary, artistic,

political, or scientific value as to minors.

‘‘(7) OBSCENE.—The term ‘obscene’ has the meaning applicable to that term under section 1460 of title 18, United States

Code.

‘‘(8) SEXUAL ACT AND SEXUAL CONTACT.—The terms ‘sexual

act’ and ‘sexual contact’ have the meanings given those terms in

section 2246 of title 18, United States Code.

‘‘(f) SEVERABILITY.—If any provision of this section is held invalid, the remainder of this section shall not be affected thereby.’’.

SEC. 202. CONTINUATION OF AWARDS.

Notwithstanding any other provision of this Act or the Elementary and Secondary Education Act of 1965, in the case of—

(1) a person or entity that, prior to the date of enactment

of this Act, was awarded funds appropriated under the DepartVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00273 Fmt 6659 Sfmt 6603 E:\HR\OC\A334HR.099 pfrm07 PsN: A334HR
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ment of Education Appropriations Act, 2001 for new teacher recruitment initiatives; or

(2) a person or agency that, prior to the date of enactment

of this Act, was awarded a grant or contract under part K of

title X of the Elementary and Secondary Education Act of 1965

(20 U.S.C. 8331 et seq.),

the Secretary of Education shall continue to provide funds in accordance with the terms of such award until the date on which the

award period terminates.

TITLE III—LANGUAGE INSTRUCTION

FOR LIMITED ENGLISH PROFICIENT

AND IMMIGRANT STUDENTS

SEC. 301. LANGUAGE INSTRUCTION FOR LIMITED ENGLISH PROFICIENT CHILDREN AND IMMIGRANT CHILDREN AND

YOUTH.

Title III (20 U.S.C. 6801 et seq.) is amended to read as follows:

‘‘TITLE III—LANGUAGE INSTRUCTION

FOR LIMITED ENGLISH PROFICIENT

AND IMMIGRANT STUDENTS

‘‘SEC. 3001. AUTHORIZATIONS OF APPROPRIATIONS; CONDITION ON

EFFECTIVENESS OF PARTS.

‘‘(a) AUTHORIZATIONS OF APPROPRIATIONS.—

‘‘(1) IN GENERAL.—Subject to subsection (b), there are authorized to be appropriated to carry out this title, except for subpart 4 of part B, $750,000,000 for fiscal year 2002 and such

sums as may be necessary for each of the 5 succeeding fiscal

years.

‘‘(2) EMERGENCY IMMIGRANT EDUCATION PROGRAM.—There

are authorized to be appropriated to carry out subpart 4 of part

B (when such part is in effect) such sums as may be necessary

for fiscal year 2002 and each of the 5 succeeding fiscal years.

‘‘(b) CONDITIONS ON EFFECTIVENESS OF PARTS A AND B.—

‘‘(1) PART A.—Part A shall be in effect for any fiscal year

for which the amount appropriated under paragraphs (1) and

(2) of subsection (a) equals or exceeds $650,000,000.

‘‘(2) PART B.—Part B shall be in effect only for a fiscal year

for which part A is not in effect.

‘‘(c) REFERENCES.—In any fiscal year for which part A is in effect, references in Federal law (other than this title) to part B shall

be considered to be references to part A. In any fiscal year for which

part B is in effect, references in Federal law (other than this title)

to part A shall be considered to be references to part B.

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‘‘PART A—ENGLISH LANGUAGE ACQUISITION, LANGUAGE ENHANCEMENT, AND ACADEMIC ACHIEVEMENT ACT

‘‘SEC. 3101. SHORT TITLE.

‘‘This part may be cited as the ‘English Language Acquisition,

Language Enhancement, and Academic Achievement Act’.

‘‘SEC. 3102. PURPOSES.

‘‘The purposes of this part are—

‘‘(1) to help ensure that children who are limited English

proficient, including immigrant children and youth, attain

English proficiency, develop high levels of academic attainment

in English, and meet the same challenging State academic content and student academic achievement standards as all children are expected to meet;

‘‘(2) to assist all limited English proficient children, including immigrant children and youth, to achieve at high levels in

the core academic subjects so that those children can meet the

same challenging State academic content and student academic

achievement standards as all children are expected to meet,

consistent with section 1111(b)(1);

‘‘(3) to develop high-quality language instruction educational programs designed to assist State educational agencies,

local educational agencies, and schools in teaching limited

English proficient children and serving immigrant children

and youth;

‘‘(4) to assist State educational agencies and local educational agencies to develop and enhance their capacity to provide high-quality instructional programs designed to prepare

limited English proficient children, including immigrant children and youth, to enter all-English instruction settings;

‘‘(5) to assist State educational agencies, local educational

agencies, and schools to build their capacity to establish, implement, and sustain language instruction educational programs

and programs of English language development for limited

English proficient children;

‘‘(6) to promote parental and community participation in

language instruction educational programs for the parents and

communities of limited English proficient children;

‘‘(7) to streamline language instruction educational programs into a program carried out through formula grants to

State educational agencies and local educational agencies to

help limited English proficient children, including immigrant

children and youth, develop proficiency in English, while meeting challenging State academic content and student academic

achievement standards;

‘‘(8) to hold State educational agencies, local educational

agencies, and schools accountable for increases in English proficiency and core academic content knowledge of limited

English proficient children by requiring—

‘‘(A) demonstrated improvements in the English proficiency of limited English proficient children each fiscal

year; and

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‘‘(B) adequate yearly progress for limited English proficient children, including immigrant children and youth,

as described in section 1111(b)(2)(B); and

‘‘(9) to provide State educational agencies and local educational agencies with the flexibility to implement language instruction educational programs, based on scientifically based

research on teaching limited English proficient children, that

the agencies believe to be the most effective for teaching English.

‘‘Subpart 1—Grants and Subgrants for English Language

Acquisition and Language Enhancement

‘‘SEC. 3111. FORMULA GRANTS TO STATES.

‘‘(a) IN GENERAL.—In the case of each State educational agency

having a plan approved by the Secretary for a fiscal year under section 3113, the Secretary shall make a grant for the year to the agency for the purposes specified in subsection (b). The grant shall consist of the allotment determined for the State educational agency

under subsection (c).

‘‘(b) USE OF FUNDS.—

‘‘(1) SUBGRANTS TO ELIGIBLE ENTITIES.—The Secretary may

make a grant under subsection (a) only if the State educational

agency involved agrees to expend at least 95 percent of the State

educational agency’s allotment under subsection (c) for a fiscal

year—

‘‘(A) to award subgrants, from allocations under section

3114, to eligible entities to carry out the activities described

in section 3115 (other than subsection (e)); and

‘‘(B) to award subgrants under section 3114(d)(1) to eligible entities that are described in that section to carry out

the activities described in section 3115(e).

‘‘(2) STATE ACTIVITIES.—Subject to paragraph (3), each

State educational agency receiving a grant under subsection (a)

may reserve not more than 5 percent of the agency’s allotment

under subsection (c) to carry out one or more of the following

activities:

‘‘(A) Professional development activities, and other activities, that assist personnel in meeting State and local

certification and licensing requirements for teaching limited English proficient children.

‘‘(B) Planning, evaluation, administration, and interagency coordination related to the subgrants referred to in

paragraph (1).

‘‘(C) Providing technical assistance and other forms of

assistance to eligible entities that are receiving subgrants

from a State educational agency under this subpart, including assistance in—

‘‘(i) identifying and implementing language instruction educational programs and curricula that are

based on scientifically based research on teaching limited English proficient children;

‘‘(ii) helping limited English proficient children

meet the same challenging State academic content and

student academic achievement standards as all children are expected to meet;

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‘‘(iii) identifying or developing, and implementing,

measures of English proficiency; and ‘‘(iv) promoting parental and community participation in programs that serve limited English proficient

children.

‘‘(D) Providing recognition, which may include providing financial awards, to subgrantees that have exceeded

their annual measurable achievement objectives pursuant

to section 3122.

‘‘(3) ADMINISTRATIVE EXPENSES.—From the amount reserved under paragraph (2), a State educational agency may

use not more than 60 percent of such amount or $175,000,

whichever is greater, for the planning and administrative costs

of carrying out paragraphs (1) and (2).

‘‘(c) RESERVATIONS AND ALLOTMENTS.— ‘‘(1) RESERVATIONS.—From the amount appropriated under

section 3001(a) for each fiscal year, the Secretary shall

reserve—

‘‘(A) 0.5 percent or $5,000,000 of such amount, whichever is greater, for payments to eligible entities that are defined under section 3112(a) for activities, approved by the

Secretary, consistent with this subpart; ‘‘(B) 0.5 percent of such amount for payments to outlying areas, to be allotted in accordance with their respective needs for assistance under this subpart, as determined

by the Secretary, for activities, approved by the Secretary,

consistent with this subpart; ‘‘(C) 6.5 percent of such amount for national activities

under sections 3131 and 3303, except that not more than

0.5 percent of such amount shall be reserved for evaluation

activities conducted by the Secretary and not more than

$2,000,000 of such amount may be reserved for the National Clearinghouse for English Language Acquisition and

Language Instruction Educational Programs described in

section 3303; and

‘‘(D) such sums as may be necessary to make continuation awards under paragraph (2).

‘‘(2) CONTINUATION AWARDS.— ‘‘(A) IN GENERAL.—Before making allotments to State

educational agencies under paragraph (3) for any fiscal

year, the Secretary shall use the sums reserved under paragraph (1)(D) to make continuation awards to recipients who

received grants or fellowships for the fiscal year preceding

any fiscal year described in section 3001(b)(1)(A) under— ‘‘(i) subparts 1 and 3 of part A of title VII (as in

effect on the day before the date of enactment of the No

Child Left Behind Act of 2001); or ‘‘(ii) subparts 1 and 3 of part B of this title. ‘‘(B) USE OF FUNDS.—The Secretary shall make the

awards in order to allow such recipients to receive awards

for the complete period of their grants or fellowships under

the appropriate subparts.

‘‘(3) STATE ALLOTMENTS.—

‘‘(A) IN GENERAL.—Except as provided in subparagraph

(B), from the amount appropriated under section 3001(a)

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for each fiscal year that remains after making the reservations under paragraph (1), the Secretary shall allot to each

State educational agency having a plan approved under

section 3113(c)—

‘‘(i) an amount that bears the same relationship to

80 percent of the remainder as the number of limited

English proficient children in the State bears to the

number of such children in all States; and

‘‘(ii) an amount that bears the same relationship to

20 percent of the remainder as the number of immigrant children and youth in the State bears to the

number of such children and youth in all States.

‘‘(B) MINIMUM ALLOTMENTS.—No State educational

agency shall receive an allotment under this paragraph

that is less than $500,000.

‘‘(C) REALLOTMENT.—If any State educational agency

described in subparagraph (A) does not submit a plan to

the Secretary for a fiscal year, or submits a plan (or any

amendment to a plan) that the Secretary, after reasonable

notice and opportunity for a hearing, determines does not

satisfy the requirements of this subpart, the Secretary—

‘‘(i) shall endeavor to make the State’s allotment

available on a competitive basis to specially qualified

agencies within the State to satisfy the requirements of

section 3115 (and any additional requirements that the

Secretary may impose), consistent with the purposes of

such section, and to carry out required and authorized

activities under such section; and

‘‘(ii) shall reallot any portion of such allotment remaining after the application of clause (i) to the remaining State educational agencies in accordance with

subparagraph (A).

‘‘(D) SPECIAL RULE FOR PUERTO RICO.—The total

amount allotted to Puerto Rico for any fiscal year under

subparagraph (A) shall not exceed 0.5 percent of the total

amount allotted to all States for that fiscal year.

‘‘(4) USE OF DATA FOR DETERMINATIONS.—

‘‘(A) IN GENERAL.—In making State allotments under

paragraph (3), for the purpose of determining the number

of limited English proficient children in a State and in all

States, and the number of immigrant children and youth

in a State and in all States, for each fiscal year, the Secretary shall use data that will yield the most accurate, upto-date numbers of such children and youth.

‘‘(B) SPECIAL RULE.—

‘‘(i) FIRST 2 YEARS.—In making determinations

under subparagraph (A) for the 2 fiscal years following

the date of enactment of the No Child Left Behind Act

of 2001, the Secretary shall determine the number of

limited English proficient children in a State and in

all States, and the number of immigrant children and

youth in a State and in all States, using data available

from the Bureau of Census or submitted by the States

to the Secretary.

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‘‘(ii) SUBSEQUENT YEARS.—For subsequent fiscal

years, the Secretary shall determine the number of limited English proficient children in a State and in all

States, and the number of immigrant children and

youth in a State and in all States, using the more accurate of—

‘‘(I) the data available from the American

Community Survey available from the Department

of Commerce; or

‘‘(II) the number of children being assessed for

English proficiency in a State as required under

section 1111(b)(7).

‘‘SEC. 3112. NATIVE AMERICAN AND ALASKA NATIVE CHILDREN IN

SCHOOL.

‘‘(a) ELIGIBLE ENTITIES.—For the purpose of carrying out programs under this part for individuals served by elementary schools,

secondary schools, and postsecondary schools operated predominately for Native American children (including Alaska Native children), the following shall be considered to be an eligible entity:

‘‘(1) An Indian tribe.

‘‘(2) A tribally sanctioned educational authority.

‘‘(3) A Native Hawaiian or Native American Pacific Islander native language educational organization.

‘‘(4) An elementary school or secondary school that is operated or funded by the Bureau of Indian Affairs, or a consortium

of such schools.

‘‘(5) An elementary school or secondary school operated

under a contract with or grant from the Bureau of Indian Affairs, in consortium with another such school or a tribal or

community organization.

‘‘(6) An elementary school or secondary school operated by

the Bureau of Indian Affairs and an institution of higher education, in consortium with an elementary school or secondary

school operated under a contract with or grant from the Bureau

of Indian Affairs or a tribal or community organization.

‘‘(b) SUBMISSION OF APPLICATIONS FOR ASSISTANCE.—Notwithstanding any other provision of this part, an entity that is considered to be an eligible entity under subsection (a), and that desires

to receive Federal financial assistance under this subpart, shall submit an application to the Secretary.

‘‘(c) SPECIAL RULE.—An eligible entity described in subsection

(a) that receives Federal financial assistance pursuant to this section shall not be eligible to receive a subgrant under section 3114.

‘‘SEC. 3113. STATE AND SPECIALLY QUALIFIED AGENCY PLANS.

‘‘(a) PLAN REQUIRED.—Each State educational agency and specially qualified agency desiring a grant under this subpart shall

submit a plan to the Secretary at such time, in such manner, and

containing such information as the Secretary may require. ‘‘(b) CONTENTS.—Each plan submitted under subsection (a)

shall— ‘‘(1) describe the process that the agency will use in making

subgrants to eligible entities under section 3114(d)(1); ‘‘(2) describe how the agency will establish standards and

objectives for raising the level of English proficiency that are deVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00279 Fmt 6659 Sfmt 6603 E:\HR\OC\A334HR.102 pfrm07 PsN: A334HR
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rived from the 4 recognized domains of speaking, listening,

reading, and writing, and that are aligned with achievement of

the challenging State academic content and student academic

achievement standards described in section 1111(b)(1); ‘‘(3) contain an assurance that— ‘‘(A) in the case of a State educational agency, the

agency consulted with local educational agencies, education-related community groups and nonprofit organizations, parents, teachers, school administrators, and researchers, in developing the annual measurable achievement objectives described in section 3122; ‘‘(B) in the case of a specially qualified agency, the

agency consulted with education-related community groups

and nonprofit organizations, parents, teachers, and researchers, in developing the annual measurable achievement objectives described in section 3122; ‘‘(C) the agency will ensure that eligible entities receiving a subgrant under this subpart comply with the requirement in section 1111(b)(7) to annually assess in English

children who have been in the United States for 3 or more

consecutive years; ‘‘(D) the agency will ensure that eligible entities receiving a subgrant under this subpart annually assess the

English proficiency of all limited English proficient children participating in a program funded under this subpart,

consistent with section 1111(b)(7); ‘‘(E) in awarding subgrants under section 3114, the

agency will address the needs of school systems of all sizes

and in all geographic areas, including school systems with

rural and urban schools; ‘‘(F) subgrants to eligible entities under section

3114(d)(1) will be of sufficient size and scope to allow such

entities to carry out high-quality language instruction educational programs for limited English proficient children;

and

‘‘(G) the agency will require an eligible entity receiving

a subgrant under this subpart to use the subgrant in ways

that will build such recipient’s capacity to continue to offer

high-quality language instruction educational programs

that assist limited English proficient children in meeting

challenging State academic content and student academic

achievement standards once assistance under this subpart

is no longer available;

‘‘(4) describe how the agency will coordinate its programs

and activities under this subpart with its other programs and

activities under this Act and other Acts, as appropriate;

‘‘(5) describe how the agency will hold local educational

agencies, eligible entities, elementary schools, and secondary

schools accountable for—

‘‘(A) meeting all annual measurable achievement objectives described in section 3122;

‘‘(B) making adequate yearly progress for limited

English proficient children, as described in section

1111(b)(2)(B); and

‘‘(C) achieving the purposes of this part; and

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‘‘(6) describe how eligible entities in the State will be given

the flexibility to teach limited English proficient children— ‘‘(A) using a language instruction curriculum that is

tied to scientifically based research on teaching limited

English proficient children and that has been demonstrated

to be effective; and ‘‘(B) in the manner the eligible entities determine to be

the most effective. ‘‘(c) APPROVAL.—The Secretary, after using a peer review process, shall approve a plan submitted under subsection (a) if the plan

meets the requirements of this section. ‘‘(d) DURATION OF PLAN.— ‘‘(1) IN GENERAL.—Each plan submitted by a State educational agency or specially qualified agency and approved

under subsection (c) shall— ‘‘(A) remain in effect for the duration of the agency’s

participation under this part; and ‘‘(B) be periodically reviewed and revised by the agency,

as necessary, to reflect changes to the agency’s strategies

and programs carried out under this part.

‘‘(2) ADDITIONAL INFORMATION.— ‘‘(A) AMENDMENTS.—If the State educational agency or

specially qualified agency amends the plan, the agency

shall submit such amendment to the Secretary. ‘‘(B) APPROVAL.—The Secretary shall approve such

amendment to an approved plan, unless the Secretary determines that the amendment will result in the agency not

meeting the requirements, or fulfilling the purposes, of this

part. ‘‘(e) CONSOLIDATED PLAN.—A plan submitted under subsection

(a) may be submitted as part of a consolidated plan under section

9302.‘‘(f) SECRETARY ASSISTANCE.—The Secretary shall provide technical assistance, if requested, in the development of English proficiency standards, objectives, and assessments.

‘‘SEC. 3114. WITHIN-STATE ALLOCATIONS.

‘‘(a) IN GENERAL.—After making the reservation required under

subsection (d)(1), each State educational agency receiving a grant

under section 3111(c)(3) shall award subgrants for a fiscal year by

allocating to each eligible entity in the State having a plan approved under section 3116 an amount that bears the same relationship to the amount received under the grant and remaining after

making such reservation as the population of limited English proficient children in schools served by the eligible entity bears to the

population of limited English proficient children in schools served

by all eligible entities in the State.

‘‘(b) LIMITATION.—A State educational agency shall not award

a subgrant from an allocation made under subsection (a) if the

amount of such subgrant would be less than $10,000.

‘‘(c) REALLOCATION.—Whenever a State educational agency determines that an amount from an allocation made to an eligible entity under subsection (a) for a fiscal year will not be used by the entity for the purpose for which the allocation was made, the agency

shall, in accordance with such rules as it determines to be appropriate, reallocate such amount, consistent with such subsection, to

278

other eligible entities in the State that the agency determines will

use the amount to carry out that purpose. ‘‘(d) REQUIRED RESERVATION.—A State educational agency receiving a grant under this subpart for a fiscal year— ‘‘(1) shall reserve not more than 15 percent of the agency’s

allotment under section 3111(c)(3) to award subgrants to eligible entities in the State that have experienced a significant increase, as compared to the average of the 2 preceding fiscal

years, in the percentage or number of immigrant children and

youth, who have enrolled, during the fiscal year preceding the

fiscal year for which the subgrant is made, in public and nonpublic elementary schools and secondary schools in the geographic areas under the jurisdiction of, or served by, such entities; and ‘‘(2) in awarding subgrants under paragraph (1)— ‘‘(A) shall equally consider eligible entities that satisfy

the requirement of such paragraph but have limited or no

experience in serving immigrant children and youth; and ‘‘(B) shall consider the quality of each local plan under

section 3116 and ensure that each subgrant is of sufficient

size and scope to meet the purposes of this part.

‘‘SEC. 3115. SUBGRANTS TO ELIGIBLE ENTITIES.

‘‘(a) PURPOSES OF SUBGRANTS.—A State educational agency

may make a subgrant to an eligible entity from funds received by

the agency under this subpart only if the entity agrees to expend the

funds to improve the education of limited English proficient children, by assisting the children to learn English and meet challenging State academic content and student academic achievement

standards. In carrying out activities with such funds, the entity

shall use approaches and methodologies based on scientifically

based research on teaching limited English proficient children and

immigrant children and youth for the following purposes: ‘‘(1) Developing and implementing new language instruction educational programs and academic content instruction

programs for such children, and such children and youth, including programs of early childhood education, elementary

school programs, and secondary school programs. ‘‘(2) Carrying out highly focused, innovative, locally designed activities to expand or enhance existing language instruction educational programs and academic content instruction programs for such children, and such children and youth. ‘‘(3) Implementing, within an individual school, schoolwide

programs for restructuring, reforming, and upgrading all relevant programs, activities, and operations relating to language

instruction educational programs and academic content instruction for such children, and such children and youth. ‘‘(4) Implementing, within the entire jurisdiction of a local

educational agency, agencywide programs for restructuring, reforming, and upgrading all relevant programs, activities, and

operations relating to language instruction educational programs and academic content instruction for such children, and

such children and youth.

‘‘(b) ADMINISTRATIVE EXPENSES.—Each eligible entity receiving

funds under section 3114(a) for a fiscal year may use not more than

2 percent of such funds for the cost of administering this subpart.

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‘‘(c) REQUIRED SUBGRANTEE ACTIVITIES.—An eligible entity receiving funds under section 3114(a) shall use the funds— ‘‘(1) to increase the English proficiency of limited English

proficient children by providing high-quality language instruction educational programs that are based on scientifically based

research demonstrating the effectiveness of the programs in

increasing—

‘‘(A) English proficiency; and

‘‘(B) student academic achievement in the core academic subjects; and

‘‘(2) to provide high-quality professional development to

classroom teachers (including teachers in classroom settings

that are not the settings of language instruction educational

programs), principals, administrators, and other school or community-based organizational personnel, that is— ‘‘(A) designed to improve the instruction and assessment of limited English proficient children; ‘‘(B) designed to enhance the ability of such teachers to

understand and use curricula, assessment measures, and

instruction strategies for limited English proficient children;‘‘(C) based on scientifically based research demonstrating the effectiveness of the professional development

in increasing children’s English proficiency or substantially

increasing the subject matter knowledge, teaching knowledge, and teaching skills of such teachers; and ‘‘(D) of sufficient intensity and duration (which shall

not include activities such as one-day or short-term workshops and conferences) to have a positive and lasting impact on the teachers’ performance in the classroom, except

that this subparagraph shall not apply to an activity that

is one component of a long-term, comprehensive professional development plan established by a teacher and the

teacher’s supervisor based on an assessment of the needs of

the teacher, the supervisor, the students of the teacher, and

any local educational agency employing the teacher.

‘‘(d) AUTHORIZED SUBGRANTEE ACTIVITIES.—Subject to subsection (c), an eligible entity receiving funds under section 3114(a)

may use the funds to achieve one of the purposes described in subsection (a) by undertaking one or more of the following activities: ‘‘(1) Upgrading program objectives and effective instruction

strategies. ‘‘(2) Improving the instruction program for limited English

proficient children by identifying, acquiring, and upgrading

curricula, instruction materials, educational software, and assessment procedures. ‘‘(3) Providing— ‘‘(A) tutorials and academic or vocational education for

limited English proficient children; and ‘‘(B) intensified instruction.

‘‘(4) Developing and implementing elementary school or secondary school language instruction educational programs that

are coordinated with other relevant programs and services.

‘‘(5) Improving the English proficiency and academic

achievement of limited English proficient children.

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‘‘(6) Providing community participation programs, family

literacy services, and parent outreach and training activities to

limited English proficient children and their families— ‘‘(A) to improve the English language skills of limited

English proficient children; and ‘‘(B) to assist parents in helping their children to improve their academic achievement and becoming active participants in the education of their children.

‘‘(7) Improving the instruction of limited English proficient

children by providing for— ‘‘(A) the acquisition or development of educational technology or instructional materials; ‘‘(B) access to, and participation in, electronic networks

for materials, training, and communication; and ‘‘(C) incorporation of the resources described in subparagraphs (A) and (B) into curricula and programs, such

as those funded under this subpart.

‘‘(8) Carrying out other activities that are consistent with

the purposes of this section.

‘‘(e) ACTIVITIES BY AGENCIES EXPERIENCING SUBSTANTIAL IN- CREASES IN IMMIGRANT CHILDREN AND YOUTH.— ‘‘(1) IN GENERAL.—An eligible entity receiving funds under

section 3114(d)(1) shall use the funds to pay for activities that

provide enhanced instructional opportunities for immigrant

children and youth, which may include— ‘‘(A) family literacy, parent outreach, and training activities designed to assist parents to become active participants in the education of their children; ‘‘(B) support for personnel, including teacher aides who

have been specifically trained, or are being trained, to provide services to immigrant children and youth; ‘‘(C) provision of tutorials, mentoring, and academic or

career counseling for immigrant children and youth; ‘‘(D) identification and acquisition of curricular materials, educational software, and technologies to be used in

the program carried out with funds;

‘‘(E) basic instruction services that are directly attributable to the presence in the school district involved of immigrant children and youth, including the payment of costs

of providing additional classroom supplies, costs of transportation, or such other costs as are directly attributable to

such additional basic instruction services;

‘‘(F) other instruction services that are designed to assist immigrant children and youth to achieve in elementary

schools and secondary schools in the United States, such as

programs of introduction to the educational system and

civics education; and

‘‘(G) activities, coordinated with community-based organizations, institutions of higher education, private sector

entities, or other entities with expertise in working with immigrants, to assist parents of immigrant children and

youth by offering comprehensive community services.

‘‘(2) DURATION OF SUBGRANTS.—The duration of a subgrant

made by a State educational agency under section 3114(d)(1)

shall be determined by the agency in its discretion.

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‘‘(f) SELECTION OF METHOD OF INSTRUCTION.— ‘‘(1) IN GENERAL.—To receive a subgrant from a State educational agency under this subpart, an eligible entity shall select one or more methods or forms of instruction to be used in

the programs and activities undertaken by the entity to assist

limited English proficient children to attain English proficiency

and meet challenging State academic content and student academic achievement standards. ‘‘(2) CONSISTENCY.—Such selection shall be consistent with

sections 3125 through 3127.

‘‘(g) SUPPLEMENT, NOT SUPPLANT.—Federal funds made available under this subpart shall be used so as to supplement the level

of Federal, State, and local public funds that, in the absence of such

availability, would have been expended for programs for limited

English proficient children and immigrant children and youth and

in no case to supplant such Federal, State, and local public funds.

‘‘SEC. 3116. LOCAL PLANS.

‘‘(a) PLAN REQUIRED.—Each eligible entity desiring a subgrant

from the State educational agency under section 3114 shall submit

a plan to the State educational agency at such time, in such manner, and containing such information as the State educational agency may require. ‘‘(b) CONTENTS.—Each plan submitted under subsection (a)

shall— ‘‘(1) describe the programs and activities proposed to be developed, implemented and administered under the subgrant; ‘‘(2) describe how the eligible entity will use the subgrant

funds to meet all annual measurable achievement objectives described in section 3122; ‘‘(3) describe how the eligible entity will hold elementary

schools and secondary schools receiving funds under this subpart accountable for— ‘‘(A) meeting the annual measurable achievement objectives described in section 3122; ‘‘(B) making adequate yearly progress for limited

English proficient children, as described in section

1111(b)(2)(B); and ‘‘(C) annually measuring the English proficiency of

limited English proficient children, so that such children

served by the programs carried out under this part develop

proficiency in English while meeting State academic content and student academic achievement standards as required by section 1111(b)(1);

‘‘(4) describe how the eligible entity will promote parental

and community participation in programs for limited English

proficient children; ‘‘(5) contain an assurance that the eligible entity consulted

with teachers, researchers, school administrators, and parents,

and, if appropriate, with education-related community groups

and nonprofit organizations, and institutions of higher education, in developing such plan; and ‘‘(6) describe how language instruction educational programs carried out under the subgrant will ensure that limited

English proficient children being served by the programs develop English proficiency.

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‘‘(c) TEACHER ENGLISH FLUENCY.—Each eligible entity receiving

a subgrant under section 3114 shall include in its plan a certification that all teachers in any language instruction educational program for limited English proficient children that is, or will be,

funded under this part are fluent in English and any other language used for instruction, including having written and oral communications skills. ‘‘(d) OTHER REQUIREMENTS FOR APPROVAL.—Each local plan

shall also contain assurances that— ‘‘(1) each local educational agency that is included in the

eligible entity is complying with section 3302 prior to, and

throughout, each school year; ‘‘(2) the eligible entity annually will assess the English proficiency of all children with limited English proficiency participating in programs funded under this part; ‘‘(3) the eligible entity has based its proposed plan on scientifically based research on teaching limited English proficient

children; ‘‘(4) the eligible entity will ensure that the programs will

enable children to speak, read, write, and comprehend the

English language and meet challenging State academic content

and student academic achievement standards; and ‘‘(5) the eligible entity is not in violation of any State law,

including State constitutional law, regarding the education of

limited English proficient children, consistent with sections

3126 and 3127.

‘‘Subpart 2—Accountability and Administration

‘‘SEC. 3121. EVALUATIONS.

‘‘(a) IN GENERAL.—Each eligible entity that receives a subgrant

from a State educational agency under subpart 1 shall provide such

agency, at the conclusion of every second fiscal year during which

the subgrant is received, with an evaluation, in a form prescribed

by the agency, that includes— ‘‘(1) a description of the programs and activities conducted

by the entity with funds received under subpart 1 during the 2

immediately preceding fiscal years; ‘‘(2) a description of the progress made by children in learning the English language and meeting challenging State academic content and student academic achievement standards; ‘‘(3) the number and percentage of children in the programs

and activities attaining English proficiency by the end of each

school year, as determined by a valid and reliable assessment

of English proficiency; and ‘‘(4) a description of the progress made by children in meeting challenging State academic content and student academic

achievement standards for each of the 2 years after such children are no longer receiving services under this part.

‘‘(b) USE OF EVALUATION.—An evaluation provided by an eligible entity under subsection (a) shall be used by the entity and the

State educational agency— ‘‘(1) for improvement of programs and activities;

‘‘(2) to determine the effectiveness of programs and activities in assisting children who are limited English proficient to

attain English proficiency (as measured consistent with subVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00286 Fmt 6659 Sfmt 6603 E:\HR\OC\A334HR.108 pfrm07 PsN: A334HR
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section (d)) and meet challenging State academic content and

student academic achievement standards; and

‘‘(3) in determining whether or not to continue funding for

specific programs or activities.

‘‘(c) EVALUATION COMPONENTS.—An evaluation provided by an

eligible entity under subsection (a) shall—

‘‘(1) provide an evaluation of children enrolled in a program or activity conducted by the entity using funds under subpart 1 (including the percentage of children) who—

‘‘(A) are making progress in attaining English proficiency, including the percentage of children who have

achieved English proficiency;

‘‘(B) have transitioned into classrooms not tailored to

limited English proficient children, and have a sufficient

level of English proficiency to permit them to achieve in

English and transition into classrooms not tailored to limited English proficient children;

‘‘(C) are meeting the same challenging State academic

content and student academic achievement standards as all

children are expected to meet; and

‘‘(D) are not receiving waivers for the reading or language arts assessments under section 1111(b)(3)(C); and

‘‘(2) include such other information as the State educational

agency may require.

‘‘(d) EVALUATION MEASURES.—A State shall approve evaluation

measures for use under subsection (c) that are designed to assess—

‘‘(1) the progress of children in attaining English proficiency, including a child’s level of comprehension, speaking,

listening, reading, and writing skills in English;

‘‘(2) student attainment of challenging State student academic achievement standards on assessments described in section 1111(b)(3); and

‘‘(3) progress in meeting the annual measurable achievement objectives described in section 3122.

‘‘(e) SPECIAL RULE FOR SPECIALLY QUALIFIED AGENCIES.—Each

specially qualified agency receiving a grant under this part shall

provide the evaluations described in subsection (a) to the Secretary

subject to the same requirements as apply to eligible entities providing such evaluations to State educational agencies under such

subsection.

‘‘SEC. 3122. ACHIEVEMENT OBJECTIVES AND ACCOUNTABILITY.

‘‘(a) ACHIEVEMENT OBJECTIVES.—

‘‘(1) IN GENERAL.—Each State educational agency or specially qualified agency receiving a grant under subpart 1 shall

develop annual measurable achievement objectives for limited

English proficient children served under this part that relate to

such children’s development and attainment of English proficiency while meeting challenging State academic content and

student academic achievement standards as required by section

1111(b)(1).

‘‘(2) DEVELOPMENT OF OBJECTIVES.—Such annual measurable achievement objectives shall be developed in a manner

that—

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‘‘(A) reflects the amount of time an individual child has

been enrolled in a language instruction educational program; and ‘‘(B) uses consistent methods and measurements to reflect the increases described in subparagraphs (A)(i), (A)(ii),

and (B) of paragraph (3).

‘‘(3) CONTENTS.—Such annual measurable achievement

objectives—

‘‘(A) shall include— ‘‘(i) at a minimum, annual increases in the number

or percentage of children making progress in learning

English; ‘‘(ii) at a minimum, annual increases in the number or percentage of children attaining English proficiency by the end of each school year, as determined

by a valid and reliable assessment of English proficiency consistent with section 1111(b)(7); and ‘‘(iii) making adequate yearly progress for limited

English proficient children as described in section

1111(b)(2)(B); and

‘‘(B) at the discretion of the agency, may include the

number or percentage of children not receiving waivers for

reading or language arts assessments under section

1111(b)(3)(C), but this achievement objective shall not be

applied to an eligible entity that, in a given school year— ‘‘(i) has experienced a large increase in limited

English proficient children or immigrant children and

youth; ‘‘(ii) enrolls a statistically significant number of

immigrant children and youth from countries where

such children and youth had little or no access to formal education; or ‘‘(iii) has a statistically significant number of immigrant children and youth who have fled from war or

natural disaster.

‘‘(b) ACCOUNTABILITY.— ‘‘(1) FOR STATES.—Each State educational agency receiving

a grant under subpart 1 shall hold eligible entities receiving a

subgrant under such subpart accountable for meeting the annual measurable achievement objectives under subsection (a),

including making adequate yearly progress for limited English

proficient children. ‘‘(2) IMPROVEMENT PLAN.—If a State educational agency determines, based on the annual measurable achievement objectives described in subsection (a), that an eligible entity has

failed to make progress toward meeting such objectives for 2

consecutive years, the agency shall require the entity to develop

an improvement plan that will ensure that the entity meets

such objectives. The improvement plan shall specifically address the factors that prevented the entity from achieving such

objectives. ‘‘(3) TECHNICAL ASSISTANCE.—During the development of

the improvement plan described in paragraph (2), and throughout its implementation, the State educational agency shall— ‘‘(A) provide technical assistance to the eligible entity;

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‘‘(B) provide technical assistance, if applicable, to

schools served by such entity under subpart 1 that need assistance to enable the schools to meet the annual measurable achievement objectives described in subsection (a);

‘‘(C) develop, in consultation with the entity, professional development strategies and activities, based on scientifically based research, that the agency will use to meet

such objectives;

‘‘(D) require such entity to utilize such strategies and

activities; and

‘‘(E) develop, in consultation with the entity, a plan to

incorporate strategies and methodologies, based on scientifically based research, to improve the specific program or

method of instruction provided to limited English proficient

children.

‘‘(4) ACCOUNTABILITY.—If a State educational agency determines that an eligible entity has failed to meet the annual

measurable achievement objectives described in subsection (a)

for 4 consecutive years, the agency shall—

‘‘(A) require such entity to modify the entity’s curriculum, program, and method of instruction; or

‘‘(B)(i) make a determination whether the entity shall

continue to receive funds related to the entity’s failure to

meet such objectives; and

‘‘(ii) require such entity to replace educational personnel relevant to the entity’s failure to meet such objectives.

‘‘(c) SPECIAL RULE FOR SPECIALLY QUALIFIED AGENCIES.—The

Secretary shall hold specially qualified agencies receiving a grant

under this subpart accountable for meeting the annual measurable

achievement objectives described in subsection (a) in the same manner as State educational agencies hold eligible entities accountable

under subsection (b).

‘‘SEC. 3123. REPORTING REQUIREMENTS.

‘‘(a) STATES.—Based upon the evaluations provided to a State

educational agency under section 3121, each such agency that receives a grant under this part shall prepare and submit every second year to the Secretary a report on programs and activities carried out by the State educational agency under this part and the effectiveness of such programs and activities in improving the education provided to children who are limited English proficient.

‘‘(b) SECRETARY.—Every second year, the Secretary shall prepare and submit to the Committee on Education and the Workforce

of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report—

‘‘(1) on programs and activities carried out to serve limited

English proficient children under this part, and the effectiveness of such programs and activities in improving the academic

achievement and English proficiency of children who are limited English proficient;

‘‘(2) on the types of language instruction educational programs used by local educational agencies or eligible entities receiving funding under this part to teach limited English proficient children;

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‘‘(3) containing a critical synthesis of data reported by eligible entities to States under section 3121(a); ‘‘(4) containing a description of technical assistance and

other assistance provided by State educational agencies under

section 3111(b)(2)(C); ‘‘(5) containing an estimate of the number of certified or licensed teachers working in language instruction educational

programs and educating limited English proficient children,

and an estimate of the number of such teachers that will be

needed for the succeeding 5 fiscal years; ‘‘(6) containing the major findings of scientifically based research carried out under this part; ‘‘(7) containing the number of programs or activities, if any,

that were terminated because the entities carrying out the programs or activities were not able to reach program goals; ‘‘(8) containing the number of limited English proficient

children served by eligible entities receiving funding under this

part who were transitioned out of language instruction educational programs funded under this part into classrooms

where instruction is not tailored for limited English proficient

children; and ‘‘(9) containing other information gathered from the evaluations from specially qualified agencies and other reports submitted to the Secretary under this title when applicable.

‘‘SEC. 3124. COORDINATION WITH RELATED PROGRAMS.

‘‘In order to maximize Federal efforts aimed at serving the educational needs of children of limited English proficiency, the Secretary shall coordinate and ensure close cooperation with other entities carrying out programs serving language-minority and limited

English proficient children that are administered by the Department

and other agencies.

‘‘SEC. 3125. RULES OF CONSTRUCTION.

‘‘Nothing in this part shall be construed—

‘‘(1) to prohibit a local educational agency from serving limited English proficient children simultaneously with children

with similar educational needs, in the same educational settings where appropriate;

‘‘(2) to require a State or a local educational agency to establish, continue, or eliminate any particular type of instructional program for limited English proficient children; or

‘‘(3) to limit the preservation or use of Native American languages.

‘‘SEC. 3126. LEGAL AUTHORITY UNDER STATE LAW.

‘‘Nothing in this part shall be construed to negate or supersede

State law, or the legal authority under State law of any State agency, State entity, or State public official, over programs that are

under the jurisdiction of the State agency, entity, or official.

‘‘SEC. 3127. CIVIL RIGHTS.

‘‘Nothing in this part shall be construed in a manner inconsistent with any Federal law guaranteeing a civil right.

‘‘SEC. 3128. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO.

‘‘Notwithstanding any other provision of this part, programs

authorized under this part that serve Native American (including

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Native American Pacific Islander) children and children in the

Commonwealth of Puerto Rico may include programs of instruction,

teacher training, curriculum development, evaluation, and assessment designed for Native American children learning and studying

Native American languages and children of limited Spanish proficiency, except that an outcome of programs serving such children

shall be increased English proficiency among such children.

‘‘SEC. 3129. PROHIBITION.

‘‘In carrying out this part, the Secretary shall neither mandate

nor preclude the use of a particular curricular or pedagogical approach to educating limited English proficient children.

‘‘Subpart 3—National Activities

‘‘SEC. 3131. NATIONAL PROFESSIONAL DEVELOPMENT PROJECT.

‘‘The Secretary shall use funds made available under section

3111(c)(1)(C) to award grants on a competitive basis, for a period

of not more than 5 years, to institutions of higher education (in consortia with State educational agencies or local educational agencies)

to provide for professional development activities that will improve

classroom instruction for limited English proficient children and assist educational personnel working with such children to meet high

professional standards, including standards for certification and licensure as teachers who work in language instruction educational

programs or serve limited English proficient children. Grants

awarded under this subsection may be used—

‘‘(1) for preservice professional development programs that

will assist local schools and institutions of higher education to

upgrade the qualifications and skills of educational personnel

who are not certified or licensed, especially educational paraprofessionals;

‘‘(2) for the development of curricula appropriate to the

needs of the consortia participants involved; and

‘‘(3) in conjunction with other Federal need-based student

financial assistance programs, for financial assistance, and

costs related to tuition, fees, and books for enrolling in courses

required to complete the degree involved, to meet certification or

licensing requirements for teachers who work in language instruction educational programs or serve limited English proficient children.

‘‘Subpart 4—Definitions

‘‘SEC. 3141. ELIGIBLE ENTITY.

‘‘In this part, the term ‘eligible entity’ means—

‘‘(1) one or more local educational agencies; or

‘‘(2) one or more local educational agencies, in collaboration

with an institution of higher education, community-based organization, or State educational agency.

‘‘PART B—IMPROVING LANGUAGE INSTRUCTION

EDUCATIONAL PROGRAMS

‘‘SEC. 3201. SHORT TITLE.

‘‘This part may be cited as the ‘Improving Language Instruction

Educational Programs For Academic Achievement Act’.

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‘‘SEC. 3202. PURPOSE.

‘‘The purpose of this part is to help ensure that limited English

proficient children master English and meet the same rigorous

standards for academic achievement as all children are expected to

meet, including meeting challenging State academic content and

student academic achievement standards by—

‘‘(1) promoting systemic improvement and reform of, and

developing accountability systems for, educational programs

serving limited English proficient children;

‘‘(2) developing language skills and multicultural understanding;

‘‘(3) developing the English proficiency of limited English

proficient children and, to the extent possible, the native language skills of such children;

‘‘(4) providing similar assistance to Native Americans with

certain modifications relative to the unique status of Native

American languages under Federal law;

‘‘(5) developing data collection and dissemination, research,

materials, and technical assistance that are focused on school

improvement for limited English proficient children; and

‘‘(6) developing programs that strengthen and improve the

professional training of educational personnel who work with

limited English proficient children.

‘‘SEC. 3203. NATIVE AMERICAN CHILDREN IN SCHOOL.

‘‘(a) ELIGIBLE ENTITIES.—For the purpose of carrying out programs under this part for individuals served by elementary schools,

secondary schools, and postsecondary schools operated predominately for Native American (including Alaska Native) children and

youth, an Indian tribe, a tribally sanctioned educational authority,

a Native Hawaiian or Native American Pacific Islander native language education organization, or an elementary school or secondary

school that is operated or funded by the Bureau of Indian Affairs

shall be considered to be a local educational agency.

‘‘(b) APPLICATION.—Notwithstanding any other provision of this

part, each tribe, authority, organization, or school described in subsection (a) shall submit any application for assistance under this

part directly to the Secretary along with timely comments on the

need for the program proposed in the application.

‘‘SEC. 3204. RESIDENTS OF THE TERRITORIES AND FREELY ASSOCIATED STATES.

‘‘For the purpose of carrying out programs under this part in

the outlying areas, the term ‘local educational agency’ includes public institutions or agencies whose mission is the preservation and

maintenance of native languages.

‘‘Subpart 1—Program Development and Enhancement

‘‘SEC. 3211. FINANCIAL ASSISTANCE FOR LANGUAGE INSTRUCTION

EDUCATIONAL PROGRAMS.

‘‘The purpose of this subpart is to assist local educational agencies, institutions of higher education, and community-based organizations, through the grants authorized under sections 3212 and

3213—

‘‘(1) to develop and enhance their capacity to provide highquality instruction through language instruction educational

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programs or special alternative instruction programs to limited

English proficient children; and ‘‘(2) to help such children— ‘‘(A) develop English proficiency and, to the extent possible, proficiency in their native language; and ‘‘(B) meet the same challenging State academic content

and student academic achievement standards as all children are expected to meet under section 1111(b)(1).

‘‘SEC. 3212. PROGRAM ENHANCEMENT ACTIVITIES.

‘‘(a) PROGRAM AUTHORIZED.— ‘‘(1) AUTHORITY.— ‘‘(A) IN GENERAL.—The Secretary is authorized to

award grants to eligible entities having applications approved under section 3214 to enable such entities to provide

innovative, locally designed, high-quality instruction to

limited English proficient children, by expanding, developing, or strengthening language instruction educational

programs or special alternative instruction programs. ‘‘(B) PERIOD.—Each grant awarded under this section

shall be awarded for a period of 3 years.

‘‘(2) AUTHORIZED ACTIVITIES.— ‘‘(A) MANDATORY ACTIVITIES.—Grants awarded under

this section shall be used for— ‘‘(i) developing, implementing, expanding, or enhancing comprehensive preschool, elementary, or secondary education programs for limited English proficient children, that are— ‘‘(I) aligned with State and local academic

content and student academic achievement standards, and local school reform efforts; and ‘‘(II) coordinated with related academic services for children;

‘‘(ii) providing high-quality professional development to classroom teachers, administrators, and other

school or community-based organization personnel to

improve the instruction and assessment of limited

English proficient children; and ‘‘(iii) annually assessing the English proficiency of

all limited English proficient children served by activities carried out under this section.

‘‘(B) PERMISSIBLE ACTIVITIES.—Grants awarded under

this section may be used for—

‘‘(i) implementing programs to upgrade the reading

and other academic skills of limited English proficient

children;

‘‘(ii) developing accountability systems to monitor

the academic progress of limited English proficient and

formerly limited English proficient children;

‘‘(iii) implementing family education programs and

parent outreach and training activities designed to assist parents to become active participants in the education of their children;

‘‘(iv) improving the instruction programs for limited English proficient children by identifying, acquiring, and applying effective curricula, instruction mateVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00293 Fmt 6659 Sfmt 6603 E:\HR\OC\A334HR.112 pfrm07 PsN: A334HR
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rials (including materials provided through technology), and assessments that are all aligned with

State and local standards; ‘‘(v) providing intensified instruction, including tutorials and academic, or vocational and technical,

training, for limited English proficient children; ‘‘(vi) adapting best practice models for meeting the

needs of limited English proficient children; ‘‘(vii) assisting limited English proficient children

with disabilities; ‘‘(viii) implementing applied learning activities

such as service learning to enhance and support comprehensive elementary and secondary language instruction educational programs; ‘‘(ix) acquiring or developing education technology

or instruction materials for limited English proficient

children, including materials in languages other than

English; ‘‘(x) participating in electronic networks for materials, training, and communication, and incorporating

information derived from such participation in curricula and programs; and

‘‘(xi) carrying out such other activities related to

the purpose of this part as the Secretary may approve.

‘‘(b) PRIORITY.—In awarding grants under this section, the Secretary may give priority to an entity that—

‘‘(1) serves a school district—

‘‘(A) that has a total district enrollment that is less

than 10,000 students; or

‘‘(B) with a large percentage or number of limited

English proficient children; and

‘‘(2) has limited or no experience in serving limited English

proficient children.

‘‘(c) ELIGIBLE ENTITY.—In this section, the term ‘eligible entity’ means—‘‘(1) one or more local educational agencies;

‘‘(2) one or more local educational agencies in collaboration

with an institution of higher education, community-based organization, or State educational agency; or ‘‘(3) a community-based organization or an institution of

higher education that has an application approved by the local

educational agency to participate in programs carried out

under this subpart by enhancing early childhood education or

family education programs or conducting instruction programs

that supplement the educational services provided by a local

educational agency.

‘‘SEC. 3213. COMPREHENSIVE SCHOOL AND SYSTEMWIDE IMPROVEMENT ACTIVITIES.

‘‘(a) PROGRAM AUTHORIZED.—

‘‘(1) AUTHORITY.—The Secretary is authorized to award

grants to eligible entities having applications approved under

section 3214 to enable such entities to develop and implement

language instruction educational programs, and improve, reform, or upgrade programs or operations that serve significant

percentages or numbers of limited English proficient children.

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‘‘(2) MANDATORY ACTIVITIES.—Grants awarded under this

section shall be used for—

‘‘(A) improving instruction programs for limited

English proficient children by acquiring and upgrading

curricula and related instruction materials;

‘‘(B) aligning the activities carried out under this section with State and local school reform efforts;

‘‘(C) providing training, aligned with State and local

standards, to school personnel and participating community-based organization personnel to improve the instruction and assessment of limited English proficient children;

‘‘(D) developing and implementing plans, coordinated

with plans for programs carried out under title II of the

Higher Education Act of 1965 (where applicable), and title

II of this Act (where applicable), to recruit teachers trained

to serve limited English proficient children;

‘‘(E) implementing culturally and linguistically appropriate family education programs, or parent outreach and

training activities, that are designed to assist parents of

limited English proficient children to become active participants in the education of their children;

‘‘(F) coordinating the activities carried out under this

section with other programs, such as programs carried out

under this title;

‘‘(G) providing services to meet the full range of the

educational needs of limited English proficient children;

‘‘(H) annually assessing the English proficiency of all

limited English proficient children served by the activities

carried out under this section; and

‘‘(I) developing or improving accountability systems to

monitor the academic progress of limited English proficient

children.

‘‘(3) PERMISSIBLE ACTIVITIES.—Grants awarded under this

section may be used for—

‘‘(A) implementing programs to upgrade reading and

other academic skills of limited English proficient children;

‘‘(B) developing and using educational technology to

improve learning, assessments, and accountability to meet

the needs of limited English proficient children;

‘‘(C) implementing scientifically based research programs to meet the needs of limited English proficient children;

‘‘(D) providing tutorials and academic, or vocational

and technical, training for limited English proficient children;

‘‘(E) developing and implementing State and local academic content and student academic achievement standards for learning English as a second language, as well as

for learning other languages;

‘‘(F) developing and implementing programs for limited

English proficient children to meet the needs of changing

populations of such children;

‘‘(G) implementing policies to ensure that limited

English proficient children have access to other education

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programs (other than programs designed to address limited

English proficiency);

‘‘(H) assisting limited English proficient children with

disabilities;

‘‘(I) developing and implementing programs to help

children become proficient in English and other languages;

‘‘(J) acquiring or developing education technology or

instruction materials for limited English proficient children, including materials in languages other than English;

‘‘(K) participating in electronic networks for materials,

training, and communication and incorporating information derived from such participation in curricula and programs; and

‘‘(L) carrying out such other activities related to the

purpose of this part as the Secretary may approve.

‘‘(4) SPECIAL RULE.—

‘‘(A) PLANNING.—A recipient of a grant under this section, before carrying out activities under this section, shall

plan, train personnel, develop curricula, and acquire or develop materials, but shall not use funds made available

under this section for planning purposes for more than 45

days.

‘‘(B) COMMENCEMENT OF ACTIVITIES.— The recipient

shall commence carrying out activities under this section

not later than the later of—

‘‘(i) the beginning of the first school year that begins after the grant is received; or

‘‘(ii) 30 days after the date of receipt of the grant.

‘‘(b) AVAILABILITY OF APPROPRIATIONS.—

‘‘(1) RESERVATION OF FUNDS FOR CONTINUED PAYMENTS.—

‘‘(A) COVERED GRANT.—In this paragraph, the term

‘covered grant’ means a grant—

‘‘(i) that was awarded under section 7112, 7113,

7114, or 7115 (as such sections were in effect on the

day before the date of enactment of the No Child Left

Behind Act of 2001); and

‘‘(ii) for which the grant period has not ended.

‘‘(B) RESERVATION.—For any fiscal year that is part of

the grant period of a covered grant, the Secretary shall reserve funds for the payments described in subparagraph (C)

from the amount appropriated for the fiscal year under section 3001(a) and made available for carrying out this section.

‘‘(C) PAYMENTS.—The Secretary shall continue to make

grant payments to each entity that received a covered grant,

in accordance with the terms of that grant, for the duration

of the grant period of the grant, to carry out activities in

accordance with the appropriate section described in subparagraph (A)(i).

‘‘(2) AVAILABILITY.—Of the amount appropriated for a fiscal

year under section 3001(a) that is made available to carry out

this section, and that remains after the Secretary reserves funds

for payments under paragraph (1)—

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‘‘(A) not less than 1⁄3 of the remainder shall be used to

award grants to eligible entities for activities carried out

within an entire school district; and ‘‘(B) not less than 2⁄3 of the remainder shall be used to

award grants to eligible entities for activities carried out

within individual schools. ‘‘(c) PRIORITY.—In awarding grants under this section, the Secretary shall give priority to an applicant that— ‘‘(1) experiences a significant increase in the number or percentage of limited English proficient children enrolled in the

applicant’s programs and has limited or no experience in serving limited English proficient children; ‘‘(2) is a local educational agency that serves a school district that has a total district enrollment that is less than 10,000

students; ‘‘(3) demonstrates that the applicant has a proven track

record of success in helping limited English proficient children

learn English and meet high academic standards; or ‘‘(4) serves a school district with a large number or percentage of limited English proficient children.

‘‘(d) ELIGIBLE ENTITIES.—In this section, the term ‘eligible entity’ means—

‘‘(1) one or more local educational agencies; or

‘‘(2) one or more local educational agencies, in collaboration

with an institution of higher education, community-based organization, or State educational agency.

‘‘SEC. 3214. APPLICATIONS.

‘‘(a) IN GENERAL.— ‘‘(1) SECRETARY.—To receive a grant under this subpart, an

eligible entity described in section 3212 or 3213 shall submit an

application to the Secretary at such time, in such form, and

containing such information as the Secretary may require. ‘‘(2) STATE EDUCATIONAL AGENCY.—The eligible entity, with

the exception of schools funded by the Bureau of Indian Affairs,

shall submit a copy of the application submitted by the entity

under this section to the State educational agency.

‘‘(b) STATE REVIEW AND COMMENTS.— ‘‘(1) DEADLINE.—The State educational agency, not later

than 45 days after receipt of an application under this section,

shall review the application and submit the written comments

of the agency regarding the application to the Secretary.

‘‘(2) COMMENTS.—

‘‘(A) SUBMISSION OF COMMENTS.—Regarding applications submitted under this subpart, the State educational

agency shall—

‘‘(i) submit to the Secretary written comments regarding all such applications; and

‘‘(ii) submit to each eligible entity the comments

that pertain to such entity.

‘‘(B) SUBJECT.—For purposes of this subpart, such comments shall address— ‘‘(i) how the activities to be carried out under the

grant will further the academic achievement and

English proficiency of limited English proficient children served under the grant; and

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‘‘(ii) how the grant application is consistent with

the State plan required under section 1111. ‘‘(c) ELIGIBLE ENTITY COMMENTS.—An eligible entity may submit to the Secretary comments that address the comments submitted

by the State educational agency. ‘‘(d) COMMENT CONSIDERATION.—In making grants under this

subpart, the Secretary shall take into consideration comments made

by State educational agencies. ‘‘(e) WAIVER.—Notwithstanding subsection (b), the Secretary is

authorized to waive the review requirement specified in subsection

(b) if a State educational agency can demonstrate that such review

requirement may impede such agency’s ability to fulfill the requirements of participation in the program authorized in section 3224,

particularly such agency’s ability to carry out data collection efforts

and such agency’s ability to provide technical assistance to local

educational agencies not receiving funds under this subpart. ‘‘(f) REQUIRED DOCUMENTATION.—Such application shall include documentation that— ‘‘(1) the applicant has the qualified personnel required to

develop, administer, and implement the program proposed in

the application; and ‘‘(2) the leadership personnel of each school participating in

the program have been involved in the development and planning of the program in the school.

‘‘(g) CONTENTS.— ‘‘(1) IN GENERAL.—An application for a grant under this

subpart shall contain the following: ‘‘(A) A description of the need for the proposed program, including— ‘‘(i) data on the number of limited English proficient children in the school or school district to be

served; ‘‘(ii) information on the characteristics of the children, including—

‘‘(I) the native languages of the children;

‘‘(II) the proficiency of the children in English

and their native language;

‘‘(III) achievement data (current as of the date

of submission of the application) for the limited

English proficient children in—

‘‘(aa) reading or language arts (in English

and in the native language, if applicable); and

‘‘(bb) mathematics;

‘‘(IV) a comparison of that data for the children with that data for the English proficient

peers of the children; and

‘‘(V) the previous schooling experiences of the

children;

‘‘(iii) the professional development needs of the instruction personnel who will provide services for the

limited English proficient children under the proposed

program; and

‘‘(iv) how the services provided through the grant

will supplement the basic services provided to limited

English proficient children.

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‘‘(B) A description of the program to be implemented

and how such program’s design—

‘‘(i) relates to the linguistic and academic needs of

the limited English proficient children to be served;

‘‘(ii) will ensure that the services provided through

the program will supplement the basic services the applicant provides to limited English proficient children;

‘‘(iii) will ensure that the program is coordinated

with other programs under this Act and other Acts;

‘‘(iv) involves the parents of the limited English

proficient children to be served;

‘‘(v) ensures accountability in achieving high academic standards; and

‘‘(vi) promotes coordination of services for the limited English proficient children to be served and their

families.

‘‘(C) A description, if appropriate, of the applicant’s collaborative activities with institutions of higher education,

community-based organizations, local educational agencies

or State educational agencies, private schools, nonprofit organizations, or businesses in carrying out the proposed program.

‘‘(D) An assurance that the applicant will not reduce

the level of State and local funds that the applicant expends for language instruction educational programs or

special alternative instruction programs if the applicant receives an award under this subpart.

‘‘(E) An assurance that the applicant will employ teachers in the proposed program who, individually or in combination, are proficient in—

‘‘(i) English, with respect to written, as well as

oral, communication skills; and

‘‘(ii) the native language of the majority of the children who the teachers teach, if instruction in the program is in the native language as well as English.

‘‘(F) A budget for the grant funds.

‘‘(2) ADDITIONAL INFORMATION.—Each application for a

grant under section 3213 shall—

‘‘(A) describe—

‘‘(i) current services (as of the date of submission of

the application) the applicant provides to limited

English proficient children;

‘‘(ii) what services limited English proficient children will receive under the grant that such children

will not otherwise receive;

‘‘(iii) how funds received under this subpart will be

integrated with all other Federal, State, local, and private resources that may be used to serve limited

English proficient children;

‘‘(iv) specific achievement and school retention

goals for the children to be served by the proposed program and how progress toward achieving such goals

will be measured; and

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‘‘(v) the current family education programs (as of

the date of submission of the application) of the eligible

entity, if applicable; and

‘‘(B) provide assurances that—

‘‘(i) the program funded with the grant will be integrated with the overall educational program of the

children served through the proposed program; and

‘‘(ii) the application has been developed in consultation with parents and other representatives of the

children to be served in such program.

‘‘(h) APPROVAL OF APPLICATIONS.—An application for a grant

under this subpart may be approved only if the Secretary determines that—

‘‘(1) the program proposed in the application will use qualified personnel, including personnel who are proficient in the

language or languages used for instruction;

‘‘(2) in designing the program, the eligible entity has, after

consultation with appropriate private school officials—

‘‘(A) taken into account the needs of children in nonprofit private elementary schools and secondary schools;

and

‘‘(B) in a manner consistent with the number of such

children enrolled in such schools in the area to be served,

whose educational needs are of the type and whose language, and grade levels are of a similar type to the needs,

language, and grade levels that the program is intended to

address, provided for the participation of such children on

a basis comparable to the basis on which public school children participate;

‘‘(3)(A) student evaluation and assessment procedures in the

program are valid and reliable for limited English proficient

children; and

‘‘(B) limited English proficient children with disabilities

will be identified and served through the program in accordance with the requirements of the Individuals with Disabilities

Education Act;

‘‘(4) Federal funds made available for the program will be

used to supplement the State and local funds that, in the absence of such Federal funds, would be expended for special programs for children of limited English proficient individuals,

and in no case to supplant such State and local funds, except

that nothing in this paragraph shall be construed to preclude

a local educational agency from using funds made available

under this subpart—

‘‘(A) for activities carried out under an order of a Federal or State court respecting services to be provided to such

children; or

‘‘(B) to carry out a plan approved by the Secretary as

adequate under title VI of the Civil Rights Act of 1964 with

respect to services to be provided to such children;

‘‘(5)(A) the assistance provided through the grant will contribute toward building the capacity of the eligible entity to provide a program on a regular basis, similar to the proposed program, that will be of sufficient size, scope, and quality to promVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00300 Fmt 6659 Sfmt 6603 E:\HR\OC\A334HR.116 pfrm07 PsN: A334HR
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ise significant improvement in the education of limited English

proficient children; and ‘‘(B) the eligible entity will have the resources and commitment to continue the program of sufficient size, scope, and quality when assistance under this subpart is reduced or no longer

available; and ‘‘(6) the eligible entity will use State and national dissemination sources for program design and dissemination of results

and products.

‘‘(i) CONSIDERATION.—In determining whether to approve an

application under this subpart, the Secretary shall give consideration to—

‘‘(1) the degree to which the program for which assistance

is sought involves the collaborative efforts of institutions of

higher education, community-based organizations, the appropriate local educational agency and State educational agency,

or businesses; and ‘‘(2) whether the application provides for training for personnel participating in, or preparing to participate in, a program that will assist such personnel in meeting State and local

certification requirements.

‘‘SEC. 3215. CAPACITY BUILDING.

‘‘Each recipient of a grant under this subpart shall use the

grant in ways that will build such recipient’s capacity to continue

to offer high-quality language instruction educational programs and

special alternative instruction programs to limited English proficient children after Federal assistance is reduced or eliminated.

‘‘SEC. 3216. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO.

‘‘Notwithstanding any other provision of this part, programs

authorized under this subpart that serve Native American (including Native American Pacific Islander) children and children in the

Commonwealth of Puerto Rico may include programs of instruction,

teacher training, curriculum development, evaluation, and assessment designed for Native American children learning and studying

Native American languages and children of limited Spanish proficiency, except that an outcome of programs serving such children

shall be increased English proficiency among such children.

‘‘SEC. 3217. EVALUATIONS.

‘‘(a) EVALUATION.—Each recipient of funds under this subpart

for a program shall annually conduct an evaluation of the program

and submit to the Secretary a report concerning the evaluation, in

the form prescribed by the Secretary.

‘‘(b) USE OF EVALUATION.—Such evaluation shall be used by the

grant recipient—

‘‘(1) for program improvement;

‘‘(2) to further define the program’s goals and objectives;

and

‘‘(3) to determine program effectiveness.

‘‘(c) EVALUATION REPORT COMPONENTS.—In preparing the evaluation reports, the recipient shall—

‘‘(1) use the data provided in the application submitted by

the recipient under section 3214 as baseline data against which

to report academic achievement and gains in English proficiency for children in the program;

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‘‘(2) disaggregate the results of the evaluation by gender,

native languages spoken by children, socioeconomic status, and

whether the children have disabilities; ‘‘(3) include data on the progress of the recipient in achieving the objectives of the program, including data demonstrating

the extent to which children served by the program are meeting

the challenging State academic content and student academic

achievement standards, and including data comparing limited

English proficient children with English proficient children

with regard to school retention and academic achievement

concerning—

‘‘(A) reading and language arts;

‘‘(B) English proficiency;

‘‘(C) mathematics; and

‘‘(D) the native language of the children, if the program

develops native language proficiency;

‘‘(4) include information on the extent that professional development activities carried out through the program have resulted in improved classroom practices and improved student

academic achievement; ‘‘(5) include a description of how the activities carried out

through the program are coordinated and integrated with the

other Federal, State, or local programs serving limited English

proficient children; and ‘‘(6) include such other information as the Secretary may

require.

‘‘SEC. 3218. CONSTRUCTION.

‘‘Nothing in this subpart shall be construed to prohibit a local

educational agency from serving limited English proficient children

simultaneously with children with similar educational needs, in the

same educational settings where appropriate.

‘‘Subpart 2—Research, Evaluation, and Dissemination

‘‘SEC. 3221. AUTHORITY.

‘‘(a) IN GENERAL.—The Secretary is authorized to conduct data

collection, dissemination, research, and ongoing program evaluation

activities in accordance with the provisions of this subpart for the

purpose of improving language instruction educational programs

and special alternative instruction programs for limited English

proficient children.

‘‘(b) COMPETITIVE AWARDS.—Research and program evaluation

activities carried out under this subpart shall be supported through

competitive grants, contracts, and cooperative agreements awarded

to institutions of higher education, nonprofit organizations, State

educational agencies, and local educational agencies.

‘‘(c) ADMINISTRATION.—The Secretary shall conduct data collection, dissemination, and ongoing program evaluation activities authorized by this subpart through the Office of English Language Acquisition, Language Enhancement, and Academic Achievement for

Limited English Proficient Students.

‘‘SEC. 3222. RESEARCH.

‘‘(a) ADMINISTRATION.—The Secretary shall conduct research activities authorized by this subpart through the Office of Educational

Research and Improvement in coordination and collaboration with

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the Office of English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient

Students. ‘‘(b) REQUIREMENTS.—Such research activities— ‘‘(1) shall have a practical application to teachers, counselors, paraprofessionals, school administrators, parents, and

others involved in improving the education of limited English

proficient children and their families; ‘‘(2) may include research on effective instruction practices

for multilingual classes, and on effective instruction strategies

to be used by a teacher or other staff member who does not

know the native language of a limited English proficient child

in the teacher’s or staff member’s classroom; ‘‘(3) may include establishing (through the National Center

for Education Statistics in consultation with experts in second

language acquisition and scientifically based research on teaching limited English proficient children) a common definition of

‘limited English proficient child’ for purposes of national data

collection; and ‘‘(4) shall be administered by individuals with expertise in

second language acquisition, scientifically based research on

teaching limited English proficient children, and the needs of

limited English proficient children and their families.

‘‘(c) FIELD-INITIATED RESEARCH.— ‘‘(1) IN GENERAL.—The Secretary shall reserve not less than

5 percent of the funds made available to carry out this section

for field-initiated research conducted by recipients of grants

under subpart 1 or this subpart who have received such grants

within the previous 5 years. Such research may provide for longitudinal studies of limited English proficient children or teachers who serve such children, monitoring the education of such

children from entry into language instruction educational programs through secondary school completion. ‘‘(2) APPLICATIONS.—An applicant for assistance under this

subsection may submit an application for such assistance to the

Secretary at the same time as the applicant submits another application under subpart 1 or this subpart. The Secretary shall

complete a review of such applications on a timely basis to

allow the activities carried out under research and program

grants to be coordinated when recipients are awarded 2 or more

of such grants.

‘‘(d) CONSULTATION.—The Secretary shall consult with agencies,

organizations, and individuals that are engaged in research and

practice on the education of limited English proficient children, language instruction educational programs, or related research, to

identify areas of study and activities to be funded under this section.

‘‘(e) DATA COLLECTION.—The Secretary shall provide for the collection of data on limited English proficient children as part of the

data systems operated by the Department.

‘‘SEC. 3223. ACADEMIC EXCELLENCE AWARDS.

‘‘(a) AUTHORITY.—The Secretary may make grants to State educational agencies to assist the agencies in recognizing local educational agencies and other public and nonprofit entities whose programs have—

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‘‘(1) demonstrated significant progress in assisting limited

English proficient children to learn English according to age

appropriate and developmentally appropriate standards; and

‘‘(2) demonstrated significant progress in assisting limited

English proficient children to meet, according to age appropriate and developmentally appropriate standards, the same

challenging State academic content and student academic

achievement standards as all children are expected to meet.

‘‘(b) APPLICATIONS.—A State educational agency desiring a

grant under this section shall include an application for such grant

in the application submitted by the agency under section 3224(e).

‘‘SEC. 3224. STATE GRANT PROGRAM.

‘‘(a) STATE GRANT PROGRAM.—The Secretary is authorized to

make an award to a State educational agency that demonstrates, to

the satisfaction of the Secretary, that such agency, through such

agency’s programs and other Federal education programs, effectively

provides for the education of limited English proficient children

within the State.

‘‘(b) PAYMENTS.—The amount paid to a State educational agency under subsection (a) shall not exceed 5 percent of the total

amount awarded to local educational agencies and entities within

the State under subpart 1 for the previous fiscal year, except that

in no case shall the amount paid by the Secretary to any State educational agency under this subsection for any fiscal year be less

than $100,000.

‘‘(c) USE OF FUNDS.—

‘‘(1) IN GENERAL.—A State educational agency shall use

funds awarded under this section—

‘‘(A) to assist local educational agencies in the State

with activities that—

‘‘(i) consist of program design, capacity building,

assessment of student academic achievement, program

evaluation, and development of data collection and accountability systems for limited English proficient children; and

‘‘(ii) are aligned with State reform efforts; and

‘‘(B) to collect data on the State’s limited English proficient populations and document the services available to

all such populations.

‘‘(2) TRAINING.—The State educational agency may also use

funds provided under this section for the training of State educational agency personnel in educational issues affecting limited English proficient children.

‘‘(3) SPECIAL RULE.—Recipients of funds under this section

shall not restrict the provision of services under this section to

federally funded programs.

‘‘(d) STATE CONSULTATION.—A State educational agency receiving funds under this section shall consult with recipients of grants

under this subpart and other individuals or organizations involved

in the development or operation of programs serving limited English

proficient children to ensure that such funds are used in a manner

consistent with the requirements of this subpart.

‘‘(e) APPLICATIONS.—A State educational agency desiring to receive funds under this section shall submit an application to the

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Secretary at such time, in such form, and containing such information and assurances as the Secretary may require.

‘‘(f) SUPPLEMENT, NOT SUPPLANT.—Federal funds made available under this section for any fiscal year shall be used by the State

educational agency to supplement and, to the extent practical, to increase the State funds that, in the absence of such Federal funds,

would be made available for the purposes described in this section,

and in no case to supplant such State funds.

‘‘(g) REPORT TO THE SECRETARY.—A State educational agency

receiving an award under this section shall provide for the annual

submission of a summary report to the Secretary describing such

State’s use of the funds made available through the award.

‘‘SEC. 3225. INSTRUCTION MATERIALS DEVELOPMENT.

‘‘(a) IN GENERAL.—The Secretary may make grants for the development, publication, and dissemination of high-quality instruction materials—

‘‘(1) in Native American languages (including Native Hawaiian languages and the language of Native American Pacific

Islanders), and the language of natives of the outlying areas, for

which instruction materials are not readily available; and

‘‘(2) in other low-incidence languages in the United States

for which instruction materials are not readily available.

‘‘(b) PRIORITY.—In making the grants, the Secretary shall give

priority to applicants for the grants who propose—

‘‘(1) to develop instruction materials in languages indigenous to the United States or the outlying areas; and

‘‘(2) to develop and evaluate materials, in collaboration

with entities carrying out activities assisted under subpart 1

and this subpart, that are consistent with challenging State

academic content and student academic achievement standards.

‘‘Subpart 3—Professional Development

‘‘SEC. 3231. PROFESSIONAL DEVELOPMENT GRANTS.

‘‘(a) PURPOSE.—The purpose of this section is to provide assistance to prepare educators to improve educational services for limited English proficient children by—

‘‘(1) supporting professional development programs and activities to prepare teachers, pupil service personnel, administrators, and other educational personnel working in language instruction educational programs to provide effective services to

limited English proficient children;

‘‘(2) incorporating curricula and resources concerning appropriate and effective instruction and assessment methodologies specific to limited English proficient children into

preservice and inservice professional development programs;

‘‘(3) upgrading the qualifications and skills of non-certified

educational personnel, including paraprofessionals, to enable

such personnel to meet high professional standards for educating limited English proficient children;

‘‘(4) improving the quality of professional development programs in schools or departments of education at institutions of

higher education, for educational personnel serving, or preparing to serve, limited English proficient children; and

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‘‘(5) supporting the recruitment and training of prospective

educational personnel to serve limited English proficient children by providing fellowships for undergraduate, graduate, doctoral, and post-doctoral study related to the instruction of such

children.

‘‘(b) AUTHORIZATION.— ‘‘(1) IN GENERAL.—The Secretary is authorized to award

grants under this section to— ‘‘(A) State educational agencies;

‘‘(B) local educational agencies;

‘‘(C) institutions of higher education; or

‘‘(D) consortia of one or more local educational agencies, State educational agencies, institutions of higher education, for-profit organizations, or nonprofit organizations.

‘‘(2) DURATION.—Each grant awarded under this section

shall be awarded for a period of not more than 4 years.

‘‘(c) AUTHORIZED ACTIVITIES.—Grants awarded under this section shall be used to conduct high-quality professional development

programs and effective activities to improve the quality of instruction and services provided to limited English proficient children,

including—

‘‘(1) implementing preservice and inservice professional development programs for teachers who serve limited English proficient children, administrators, and other educational personnel who are preparing to provide educational services for

limited English proficient children, including professional development programs that assist limited English proficient children to attain English proficiency; ‘‘(2) implementing school-based collaborative efforts among

teachers to improve instruction in core academic subjects, especially reading, for limited English proficient children; ‘‘(3) developing and implementing programs to assist beginning teachers who serve limited English proficient children

with transitioning to the teaching profession, including programs that provide mentoring and team teaching with trained

and experienced teachers;

‘‘(4) implementing programs that support effective teacher

use of education technologies to improve instruction and assessment;

‘‘(5) developing curricular materials and assessments for

teachers that are appropriate to the needs of limited English

proficient children, and that are aligned with challenging State

academic content and student academic achievement standards,

including materials and assessments that ensure limited

English proficient children attain English proficiency;

‘‘(6) integrating and coordinating activities with entities

carrying out other programs consistent with the purpose of this

section and supported under this Act, or other Acts as appropriate;

‘‘(7) developing and implementing career ladder programs

to upgrade the qualifications and skills of non-certified educational personnel working in, or preparing to work in, language instruction educational programs to enable such personnel to meet high professional standards, including standards for certification and licensure as teachers;

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‘‘(8) developing and implementing activities to help recruit

and train secondary school students as teachers who serve limited English proficient children; ‘‘(9) providing fellowships and assistance for costs related

to enrollment in a course of study at an institution of higher

education that addresses the instruction of limited English proficient children in such areas as teacher training, program administration, research, evaluation, and curriculum development, and for the support of dissertation research related to

such study, except that any person receiving such a fellowship

or assistance shall agree to— ‘‘(A) work in an activity related to improving the educational services for limited English proficient children authorized under this subpart, including work as a teacher

that serves limited English proficient children, for a period

of time equivalent to the period of time during which such

person receives assistance under this paragraph; or ‘‘(B) repay such assistance; and ‘‘(10) carrying out such other activities as are consistent

with the purpose of this section.

‘‘(d) APPLICATION.— ‘‘(1) IN GENERAL.—Each eligible entity desiring a grant

under this section shall submit an application to the Secretary

at such time, in such form, and containing such information as

the Secretary may require. ‘‘(2) CONTENTS.—Each application shall— ‘‘(A) describe the programs and activities proposed to

be developed, implemented, and administered under the

award; ‘‘(B) describe how the applicant has consulted with,

and assessed the needs of, public and private schools serving limited English proficient children to determine such

schools’ need for, and the design of, the program for which

funds are sought; and

‘‘(C) describe how the programs and activities to be carried out under the award will be used to ensure that limited English proficient children meet challenging State academic content and student academic achievement standards and attain English proficiency.

‘‘(3) SPECIAL RULE.—An eligible entity that proposes to conduct a master’s-level or doctoral-level program with funds received under this section shall include in the entity’s application an assurance that such program will include a training

practicum in a local elementary school or secondary school program serving limited English proficient children.

‘‘(4) OUTREACH AND TECHNICAL ASSISTANCE.—The Secretary shall provide for outreach and technical assistance to institutions of higher education eligible for assistance under title

III of the Higher Education Act of 1965, and institutions of

higher education that are operated or funded by the Bureau of

Indian Affairs, to facilitate the participation of such institutions

in programs and activities under this section. ‘‘(5) DISTRIBUTION RULE.—In making awards under this

section, the Secretary shall ensure adequate representation of

Hispanic-serving institutions that demonstrate competence and

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experience in carrying out the programs and activities authorized under this section and that are otherwise qualified.

‘‘(e) PRIORITIES IN AWARDING GRANTS.—

‘‘(1) GRANTS TO AGENCIES.—In awarding grants to State

educational agencies and local educational agencies under this

section, the Secretary shall give priority to agencies that propose

programs and activities designed to implement professional development programs for teachers and educational personnel

who are providing or preparing to provide educational services

for limited English proficient children, including services provided through language instruction educational programs, that

ensure such children attain English proficiency and meet challenging State academic content and student academic achievement standards.

‘‘(2) GRANTS TO INSTITUTIONS OF HIGHER EDUCATION.—In

awarding grants to institutions of higher education under this

section, the Secretary shall give priority to institutions that propose programs and activities to recruit and upgrade the qualifications and skills of certified and non-certified educational

personnel by offering degree programs that prepare beginning

teachers to serve limited English proficient children.

‘‘(f) PROGRAM EVALUATIONS.—Each recipient of an award under

this section for a program or activity shall annually conduct an

independent evaluation of the program or activity and submit to the

Secretary a report containing such evaluation. Such report shall include information on—

‘‘(1) the program or activity conducted by the recipient to

provide high-quality professional development to participants in

such program or activity;

‘‘(2) the number of participants served through the program

or activity, the number of participants who completed the requirements of the program or activity, and the number of participants who took positions in an instruction setting with limited English proficient children;

‘‘(3) the effectiveness of the program or activity in imparting

the professional skills necessary for participants to achieve the

objectives of the program or activity; and

‘‘(4) the teaching effectiveness of graduates of the program

or activity or other participants who have completed the program or activity.

‘‘Subpart 4—Emergency Immigrant Education Program

‘‘SEC. 3241. PURPOSE.

‘‘The purpose of this subpart is to assist eligible local educational agencies that experience unexpectedly large increases in

their student population due to immigration—

‘‘(1) to provide high-quality instruction to immigrant children and youth; and

‘‘(2) to help such children and youth—

‘‘(A) with their transition into American society; and

‘‘(B) meet the same challenging State academic content

and student academic achievement standards as all children are expected to meet.

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‘‘SEC. 3242. STATE ADMINISTRATIVE COSTS.

‘‘For any fiscal year, a State educational agency may reserve not

more than 1.5 percent (2 percent if the State educational agency distributes funds received under this subpart to local educational agencies on a competitive basis) of the amount allotted to such agency

under section 3244 to pay the costs of performing such agency’s administrative functions under this subpart.

‘‘SEC. 3243. WITHHOLDING.

‘‘Whenever the Secretary, after providing reasonable notice and

opportunity for a hearing to any State educational agency, finds

that there is a failure to comply with a requirement of any provision

of this subpart, the Secretary shall notify that agency that further

payments will not be made to the agency under this subpart or, in

the discretion of the Secretary, that the State educational agency

shall not make further payments under this subpart to specified

local educational agencies whose actions cause or are involved in

such failure until the Secretary is satisfied that there is no longer

any such failure to comply. Until the Secretary is so satisfied, no

further payments shall be made to the State educational agency

under this subpart, or payments by the State educational agency

under this subpart shall be limited to local educational agencies

whose actions did not cause or were not involved in the failure, as

the case may be.

‘‘SEC. 3244. STATE ALLOTMENTS.

‘‘(a) PAYMENTS.—The Secretary shall, in accordance with the

provisions of this section, make payments to State educational agencies for each of the fiscal years 2002 through 2008 for the purpose

set forth in section 3241.

‘‘(b) ALLOTMENTS.—

‘‘(1) IN GENERAL.—Except as provided in subsections (c)

and (d), of the amount appropriated for each fiscal year for this

subpart, each State participating in the program assisted under

this subpart shall receive an allotment equal to the proportion

of the number of immigrant children and youth who are enrolled in public elementary schools or secondary schools under

the jurisdiction of each local educational agency described in

paragraph (2), and in nonpublic elementary schools or secondary schools within the district served by each such local

educational agency within such State, relative to the total number of immigrant children and youth so enrolled in all the

States participating in the program assisted under this subpart.

‘‘(2) ELIGIBLE LOCAL EDUCATIONAL AGENCIES.—A local educational agency referred to in paragraph (1) is a local educational agency for which the sum of the number of immigrant

children and youth who are enrolled in public elementary

schools or secondary schools under the jurisdiction of such

agency, and in nonpublic elementary schools or secondary

schools within the district served by such agency, during the fiscal year for which the payments are to be made under this subpart, is equal to at least—

‘‘(A) 500; or

‘‘(B) 3 percent of the total number of children enrolled

in such public or nonpublic schools during such fiscal year,

whichever is less.

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‘‘(c) DETERMINATIONS OF NUMBER OF CHILDREN AND YOUTH.—

‘‘(1) IN GENERAL.—Determinations by the Secretary under

this section for any period with respect to the number of immigrant children and youth shall be made on the basis of data or

estimates provided to the Secretary by each State educational

agency in accordance with criteria established by the Secretary,

unless the Secretary determines, after notice and opportunity for

a hearing to the affected State educational agency, that such

data or estimates are clearly erroneous.

‘‘(2) SPECIAL RULE.—No such determination with respect to

the number of immigrant children and youth shall operate because of an underestimate or overestimate to deprive any State

educational agency of the allotment under this section that such

State would otherwise have received had such determination

been made on the basis of accurate data.

‘‘(d) REALLOTMENT.—

‘‘(1) IN GENERAL.—Whenever the Secretary determines that

any amount of a payment made to a State under this subpart

for a fiscal year will not be used by such State for carrying out

the purpose for which the payment was made, the Secretary

shall make such amount available for carrying out such purpose to one or more other States to the extent the Secretary determines that such other States will be able to use such additional amount for carrying out such purpose.

‘‘(2) FISCAL YEAR.—Any amount made available to a State

from any appropriation for a fiscal year in accordance with

paragraph (1) shall, for purposes of this subpart, be regarded

as part of such State’s payment (as determined under subsection (b)) for such year, but shall remain available until the

end of the succeeding fiscal year.

‘‘(e) RESERVATION OF FUNDS.—

‘‘(1) IN GENERAL.—Notwithstanding any other provision of

this subpart, if the amount appropriated to carry out this subpart exceeds $50,000,000 for a fiscal year, a State educational

agency may reserve not more than 20 percent of such agency’s

payment under this subpart for such year to award grants, on

a competitive basis, to local educational agencies within the

State as follows:

‘‘(A) AGENCIES WITH IMMIGRANT CHILDREN AND

YOUTH.—At least 1⁄2 of the funds reserved under this paragraph shall be made available to eligible local educational

agencies (as described in subsection (b)(2)) within the State

with the highest numbers and percentages of immigrant

children and youth.

‘‘(B) AGENCIES WITH A SUDDEN INFLUX OF CHILDREN

AND YOUTH.—Funds reserved under this paragraph and

not made available under subparagraph (A) may be distributed to local educational agencies within the State that

are experiencing a sudden influx of immigrant children

and youth and that are otherwise not eligible for assistance

under this subpart.

‘‘(2) USE OF GRANT FUNDS.—Each local educational agency

receiving a grant under paragraph (1) shall use such grant

funds to carry out the activities described in section 3247.

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‘‘(3) INFORMATION.—Local educational agencies receiving

funds under paragraph (1) with the highest number of immigrant children and youth may make information available on

serving immigrant children and youth to local educational

agencies in the State with sparse numbers of such children and

youth.

‘‘SEC. 3245. STATE APPLICATIONS.

‘‘(a) SUBMISSION.—No State educational agency shall receive

any payment under this subpart for any fiscal year unless such

agency submits an application to the Secretary at such time, in such

manner, and containing or accompanied by such information, as

the Secretary may reasonably require. Each such application

shall— ‘‘(1) provide that the educational programs, services, and

activities for which payments under this subpart are made will

be administered by or under the supervision of the agency; ‘‘(2) provide assurances that payments under this subpart

will be used for purposes set forth in sections 3241 and 3247,

including a description of how local educational agencies receiving funds under this subpart will use such funds to meet

such purposes and will coordinate with entities carrying out

other programs and activities assisted under this Act, and other

Acts as appropriate; ‘‘(3) provide an assurance that local educational agencies

receiving funds under this subpart will coordinate the use of

such funds with entities carrying out programs and activities

assisted under part A of title I; ‘‘(4) provide assurances that such payments, with the exception of payments reserved under section 3244(e), will be distributed among local educational agencies within that State on the

basis of the number of immigrant children and youth counted

with respect to each such local educational agency under section

3244(b)(1); ‘‘(5) provide assurances that the State educational agency

will not finally disapprove in whole or in part any application

for funds received under this subpart without first affording the

local educational agency submitting an application for such

funds reasonable notice and opportunity for a hearing; ‘‘(6) provide for making such reports as the Secretary may

reasonably require to perform the Secretary’s functions under

this subpart; ‘‘(7) provide assurances— ‘‘(A) that to the extent consistent with the number of

immigrant children and youth enrolled in the nonpublic elementary schools or secondary schools within the district

served by a local educational agency, such agency, after

consultation with appropriate officials of such schools,

shall provide for the benefit of such children and youth secular, neutral, and nonideological services, materials, and

equipment necessary for the education of such children and

youth;

‘‘(B) that the control of funds provided under this subpart for any materials or equipment, or property repaired,

remodeled, or constructed with those funds shall be in a

public agency for the uses and purpose provided in this

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subpart, and a public agency shall administer such funds

and property; and

‘‘(C) that the provision of services pursuant to this

paragraph shall be provided by employees of a public agency or through contract by such public agency with a person,

association, agency, or corporation who or which, in the

provision of such services, is independent of such nonpublic

elementary school or secondary school and of any religious

organization, and such employment or contract shall be

under the control and supervision of such public agency,

and the funds provided under this paragraph shall not be

commingled with State or local funds;

‘‘(8) provide that funds reserved under section 3244(e) be

awarded on a competitive basis based on merit and need in accordance with such section; and

‘‘(9) provide an assurance that the State educational agency

and local educational agencies in the State receiving funds

under this subpart will comply with the requirements of section

1120(b).

‘‘(b) APPLICATION REVIEW.—

‘‘(1) IN GENERAL.—The Secretary shall review all applications submitted pursuant to this section by State educational

agencies.

‘‘(2) APPROVAL.—The Secretary shall approve any application submitted by a State educational agency that meets the requirements of this section.

‘‘(3) DISAPPROVAL.—The Secretary shall disapprove any application submitted by a State educational agency that does not

meet the requirements of this section, but shall not finally disapprove an application except after providing reasonable notice,

technical assistance, and an opportunity for a hearing to the

State educational agency.

‘‘SEC. 3246. ADMINISTRATIVE PROVISIONS.

‘‘(a) NOTIFICATION OF AMOUNT.—The Secretary, not later than

June 1 of each year, shall notify each State educational agency that

has an application approved under section 3245 of the amount of

such agency’s allotment under section 3244 for the succeeding year.

‘‘(b) SERVICES TO IMMIGRANT CHILDREN AND YOUTH ENROLLED

IN NONPUBLIC SCHOOLS.—If by reason of any provision of law a

local educational agency is prohibited from providing educational

services for immigrant children and youth enrolled in nonpublic elementary schools and secondary schools, as required by section

3245(a)(7), or if the Secretary determines that a local educational

agency has substantially failed or is unwilling to provide for the

participation on an equitable basis of such children and youth enrolled in such schools, the Secretary may waive such requirement

and shall arrange for the provision of services, subject to the requirements of this subpart, to such children and youth. Such waivers shall be subject to consultation, withholding, notice, and judicial

review requirements in accordance with the provisions of title I.

‘‘SEC. 3247. USES OF FUNDS.

‘‘(a) USE OF FUNDS.—Funds awarded under this subpart shall

be used to pay for enhanced instructional opportunities for immigrant children and youth, which may include—

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‘‘(1) family literacy, parent outreach, and training activities

designed to assist parents to become active participants in the

education of their children;

‘‘(2) support of personnel, including teacher aides who have

been specifically trained, or are being trained, to provide services to immigrant children and youth;

‘‘(3) tutorials, mentoring, and academic or career counseling for immigrant children and youth;

‘‘(4) identification and acquisition of curricular materials,

educational software, and technologies;

‘‘(5) the provision of basic instruction services that are directly attributable to the presence in the school district of immigrant children and youth, including payment of costs of providing additional classroom supplies, costs of transportation, or

such other costs as are directly attributable to such additional

basic instruction services; and

‘‘(6) such other activities, related to the purpose of this subpart, as the Secretary may authorize.

‘‘(b) CONSORTIA.—A local educational agency that receives a

grant under this subpart may collaborate or form a consortium with

one or more local educational agencies, institutions of higher education, and nonprofit organizations to carry out a program described in an application approved under this subpart.

‘‘(c) SUBGRANTS.—A local educational agency that receives a

grant under this subpart may, with the approval of the Secretary,

make a subgrant to, or enter into a contract with, an institution of

higher education, a nonprofit organization, or a consortium of such

institutions or organizations to carry out a program described in an

application approved under this subpart, including a program to

serve out-of-school youth.

‘‘(d) CONSTRUCTION.—Nothing in this subpart shall be construed to prohibit a local educational agency from serving immigrant children and youth simultaneously with children and youth

with similar educational needs, in the same educational settings

where appropriate.

‘‘SEC. 3248. REPORTS.

‘‘(a) BIENNIAL REPORT.—Each State educational agency receiving funds under this subpart shall submit, once every 2 years, a report to the Secretary concerning the expenditure of funds by local

educational agencies under this subpart. Each local educational

agency receiving funds under this subpart shall submit to the State

educational agency such information as may be necessary for such

report.

‘‘(b) REPORT TO CONGRESS.—The Secretary shall submit, once

every 2 years, a report to the appropriate committees of Congress

concerning programs assisted under this subpart.

‘‘Subpart 5—Administration

‘‘SEC. 3251. RELEASE TIME.

‘‘The Secretary shall allow entities carrying out professional development programs funded under this part to use funds provided

under this part for professional release time to enable individuals

to participate in programs assisted under this part.

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‘‘SEC. 3252. NOTIFICATION.

‘‘A State educational agency, and when applicable, the State

board for postsecondary education, shall be notified within 3 working days after the date an award under this part is made to an eligible entity within the State.

‘‘SEC. 3253. COORDINATION AND REPORTING REQUIREMENTS.

‘‘(a) COORDINATION WITH RELATED PROGRAMS.—In order to

maximize Federal efforts aimed at serving the educational needs of

children and youth of limited English proficiency, the Secretary

shall coordinate and ensure close cooperation with other programs

serving language-minority and limited English proficient children

that are administered by the Department and other agencies. The

Secretary shall consult with the Secretary of Labor, the Secretary of

Health and Human Services, the Secretary of Agriculture, the Attorney General, and the heads of other relevant agencies to identify

and eliminate barriers to appropriate coordination of programs that

affect language-minority and limited English proficient children

and their families. The Secretary shall provide for continuing consultation and collaboration, between the Office of English Language

Acquisition, Language Enhancement, and Academic Achievement

for Limited English Proficient Students and relevant programs operated by the Department, including programs under this part and

other programs under this Act, in planning, contracts, providing

joint technical assistance, providing joint field monitoring activities

and in other relevant activities to ensure effective program coordination to provide high-quality educational opportunities to all language-minority and limited English proficient children.

‘‘(b) DATA.—The Secretary shall, to the extent feasible, ensure

that all data collected by the Department shall include the collection

and reporting of data on limited English proficient children.

‘‘(c) PUBLICATION OF PROPOSALS.—The Secretary shall publish

and disseminate all requests for proposals for programs funded

under this part.

‘‘(d) REPORT.—The Director shall prepare and, not later than

February 1 of every other year, shall submit to the Secretary, the

Committee on Education and the Workforce of the House of Representatives, and the Committee on Health, Education, Labor, and

Pensions of the Senate a report—

‘‘(1) on programs and activities carried out to serve limited

English proficient children under this part, and the effectiveness of such programs and activities in improving the academic

achievement and English proficiency of children who are limited English proficient;

‘‘(2) containing a critical synthesis of data reported by

States under section 3224, when applicable;

‘‘(3) containing an estimate of the number of certified or licensed teachers working in language instruction educational

programs and educating limited English proficient children,

and an estimate of the number of such teachers that will be

needed for the succeeding 5 fiscal years;

‘‘(4) containing the major findings of scientifically based research carried out under this part; and

‘‘(5) containing other information gathered from the reports

submitted to the Secretary under this title when applicable.

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‘‘PART C—GENERAL PROVISIONS

‘‘SEC. 3301. DEFINITIONS.

‘‘Except as otherwise provided, in this title:

‘‘(1) CHILD.—The term ‘child’ means any individual aged 3

through 21.

‘‘(2) COMMUNITY-BASED ORGANIZATION.—The term ‘community-based organization’ means a private nonprofit organization

of demonstrated effectiveness, Indian tribe, or tribally sanctioned educational authority, that is representative of a community or significant segments of a community and that provides

educational or related services to individuals in the community.

Such term includes a Native Hawaiian or Native American Pacific Islander native language educational organization.

‘‘(3) COMMUNITY COLLEGE.—The term ‘community college’

means an institution of higher education as defined in section

101 of the Higher Education Act of 1965 that provides not less

than a 2-year program that is acceptable for full credit toward

a bachelor’s degree, including institutions receiving assistance

under the Tribally Controlled College or University Assistance

Act of 1978.

‘‘(4) DIRECTOR.—The term ‘Director’ means the Director of

the Office of English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient Students established under section 209 of the Department of Education Organization Act.

‘‘(5) FAMILY EDUCATION PROGRAM.—The term ‘family education program’ means a language instruction educational program or special alternative instruction program that—

‘‘(A) is designed—

‘‘(i) to help limited English proficient adults and

out-of-school youths achieve English proficiency; and

‘‘(ii) to provide instruction on how parents and

family members can facilitate the educational achievement of their children;

‘‘(B) when feasible, uses instructional programs based

on models developed under the Even Start Family Literacy

Programs, which promote adult literacy and train parents

to support the educational growth of their children, the

Parents as Teachers Program, and the Home Instruction

Program for Preschool Youngsters; and

‘‘(C) gives preference to participation by parents and

immediate family members of children attending school.

‘‘(6) IMMIGRANT CHILDREN AND YOUTH.—The term ‘immigrant children and youth’ means individuals who—

‘‘(A) are aged 3 through 21;

‘‘(B) were not born in any State; and

‘‘(C) have not been attending one or more schools in

any one or more States for more than 3 full academic years.

‘‘(7) INDIAN TRIBE.—The term ‘Indian tribe’ means any Indian tribe, band, nation, or other organized group or community, including any Native village or Regional Corporation or

Village Corporation as defined in or established pursuant to the

Alaska Native Claims Settlement Act, that is recognized as eliVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00315 Fmt 6659 Sfmt 6603 E:\HR\OC\A334HR.126 pfrm07 PsN: A334HR
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gible for the special programs and services provided by the

United States to Indians because of their status as Indians.

‘‘(8) LANGUAGE INSTRUCTION EDUCATIONAL PROGRAM.—The

term ‘language instruction educational program’ means an instruction course—

‘‘(A) in which a limited English proficient child is

placed for the purpose of developing and attaining English

proficiency, while meeting challenging State academic content and student academic achievement standards, as required by section 1111(b)(1); and

‘‘(B) that may make instructional use of both English

and a child’s native language to enable the child to develop

and attain English proficiency, and may include the participation of English proficient children if such course is

designed to enable all participating children to become proficient in English and a second language.

‘‘(9) NATIVE AMERICAN AND NATIVE AMERICAN LANGUAGE.—

The terms ‘Native American’ and ‘Native American language’

shall have the meanings given such terms in section 103 of the

Native American Languages Act.

‘‘(10) NATIVE HAWAIIAN OR NATIVE AMERICAN PACIFIC ISLANDER NATIVE LANGUAGE EDUCATIONAL ORGANIZATION.—The

term ‘Native Hawaiian or Native American Pacific Islander native language educational organization’ means a nonprofit organization with—

‘‘(A) a majority of its governing board and employees

consisting of fluent speakers of the traditional Native American languages used in the organization’s educational programs; and

‘‘(B) not less than 5 years successful experience in providing educational services in traditional Native American

languages.

‘‘(11) NATIVE LANGUAGE.—The term ‘native language’, when

used with reference to an individual of limited English proficiency, means—

‘‘(A) the language normally used by such individual; or

‘‘(B) in the case of a child or youth, the language normally used by the parents of the child or youth.

‘‘(12) PARAPROFESSIONAL.—The term ‘paraprofessional’

means an individual who is employed in a preschool, elementary school, or secondary school under the supervision of a certified or licensed teacher, including individuals employed in

language instruction educational programs, special education,

and migrant education.

‘‘(13) SPECIALLY QUALIFIED AGENCY.—The term ‘specially

qualified agency’ means an eligible entity, as defined in section

3141, in a State whose State educational agency—

‘‘(A) does not participate in a program under subpart

1 of part A for a fiscal year; or

‘‘(B) submits a plan (or any amendment to a plan) that

the Secretary, after reasonable notice and opportunity for a

hearing, determines does not satisfy the requirements of

such subpart.

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‘‘(14) STATE.—The term ‘State’ means each of the 50 States,

the District of Columbia, and the Commonwealth of Puerto

Rico.

‘‘(15) TRIBALLY SANCTIONED EDUCATIONAL AUTHORITY.—

The term ‘tribally sanctioned educational authority’ means—

‘‘(A) any department or division of education operating

within the administrative structure of the duly constituted

governing body of an Indian tribe; and

‘‘(B) any nonprofit institution or organization that is—

‘‘(i) chartered by the governing body of an Indian

tribe to operate a school described in section 3112(a) or

otherwise to oversee the delivery of educational services

to members of the tribe; and

‘‘(ii) approved by the Secretary for the purpose of

carrying out programs under subpart 1 of part A for

individuals served by a school described in section

3112(a).

‘‘SEC. 3302. PARENTAL NOTIFICATION.

‘‘(a) IN GENERAL.—Each eligible entity using funds provided

under this title to provide a language instruction educational program shall, not later than 30 days after the beginning of the school

year, inform a parent or the parents of a limited English proficient

child identified for participation in, or participating in, such program of—

‘‘(1) the reasons for the identification of their child as limited English proficient and in need of placement in a language

instruction educational program;

‘‘(2) the child’s level of English proficiency, how such level

was assessed, and the status of the child’s academic achievement;

‘‘(3) the method of instruction used in the program in which

their child is, or will be, participating, and the methods of instruction used in other available programs, including how such

programs differ in content, instruction goals, and use of

English and a native language in instruction;

‘‘(4) how the program in which their child is, or will be participating will meet the educational strengths and needs of the

child;

‘‘(5) how such program will specifically help their child

learn English, and meet age appropriate academic achievement

standards for grade promotion and graduation;

‘‘(6) the specific exit requirements for such program, the expected rate of transition from such program into classrooms

that are not tailored for limited English proficient children,

and the expected rate of graduation from secondary school for

such program if funds under this title are used for children in

secondary schools;

‘‘(7) in the case of a child with a disability, how such program meets the objectives of the individualized education program of the child; and

‘‘(8) information pertaining to parental rights that includes

written guidance—

‘‘(A) detailing—

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‘‘(i) the right that parents have to have their child

immediately removed from such program upon their request; and ‘‘(ii) the options that parents have to decline to enroll their child in such program or to choose another

program or method of instruction, if available; and

‘‘(B) assisting parents in selecting among various programs and methods of instruction, if more than one program or method is offered by the eligible entity. ‘‘(b) SEPARATE NOTIFICATION.—In addition to providing the information required to be provided under subsection (a), each eligible

entity that is using funds provided under this title to provide a language instruction educational program, and that has failed to make

progress on the annual measurable achievement objectives described

in section 3122 for any fiscal year for which part A is in effect, shall

separately inform a parent or the parents of a child identified for

participation in such program, or participating in such program, of

such failure not later than 30 days after such failure occurs. ‘‘(c) RECEIPT OF INFORMATION.—The information required to be

provided under subsections (a) and (b) to a parent shall be provided

in an understandable and uniform format and, to the extent practicable, in a language that the parent can understand. ‘‘(d) SPECIAL RULE APPLICABLE DURING SCHOOL YEAR.—For a

child who has not been identified for participation in a language instruction educational program prior to the beginning of the school

year, the eligible entity shall carry out subsections (a) through (c)

with respect to the parents of the child within 2 weeks of the child

being placed in such a program. ‘‘(e) PARENTAL PARTICIPATION.— ‘‘(1) IN GENERAL.—Each eligible entity using funds provided under this title to provide a language instruction educational program shall implement an effective means of outreach to parents of limited English proficient children to inform

such parents of how they can— ‘‘(A) be involved in the education of their children; and

‘‘(B) be active participants in assisting their children— ‘‘(i) to learn English;

‘‘(ii) to achieve at high levels in core academic subjects; and ‘‘(iii) to meet the same challenging State academic

content and student academic achievement standards

as all children are expected to meet. ‘‘(2) RECEIPT OF RECOMMENDATIONS.—The outreach described in paragraph (1) shall include holding, and sending notice of opportunities for, regular meetings for the purpose of formulating and responding to recommendations from parents described in such paragraph.

‘‘(f) BASIS FOR ADMISSION OR EXCLUSION.—A child shall not be

admitted to, or excluded from, any federally assisted education program on the basis of a surname or language-minority status.

‘‘SEC. 3303. NATIONAL CLEARINGHOUSE.

‘‘The Secretary shall establish and support the operation of a

National Clearinghouse for English Language Acquisition and Language Instruction Educational Programs, which shall collect, analyze, synthesize, and disseminate information about language inVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00318 Fmt 6659 Sfmt 6603 E:\HR\OC\A334HR.128 pfrm07 PsN: A334HR
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struction educational programs for limited English proficient children, and related programs. The National Clearinghouse shall—

‘‘(1) be administered as an adjunct clearinghouse of the

Educational Resources Information Center Clearinghouses system supported by the Office of Educational Research and Improvement;

‘‘(2) coordinate activities with Federal data and information clearinghouses and entities operating Federal dissemination networks and systems;

‘‘(3) develop a system for improving the operation and effectiveness of federally funded language instruction educational

programs;

‘‘(4) collect and disseminate information on—

‘‘(A) educational research and processes related to the

education of limited English proficient children; and

‘‘(B) accountability systems that monitor the academic

progress of limited English proficient children in language

instruction educational programs, including information on

academic content and English proficiency assessments for

language instruction educational programs; and

‘‘(5) publish, on an annual basis, a list of grant recipients

under this title.

‘‘SEC. 3304. REGULATIONS.

‘‘In developing regulations under this title, the Secretary shall

consult with State educational agencies and local educational agencies, organizations representing limited English proficient individuals, and organizations representing teachers and other personnel

involved in the education of limited English proficient children.’’.

TITLE IV—21ST CENTURY SCHOOLS

SEC. 401. 21ST CENTURY SCHOOLS.

Title IV (20 U.S.C. 7101 et seq.) is amended to read as follows:

‘‘TITLE IV—21ST CENTURY SCHOOLS

‘‘PART A—SAFE AND DRUG-FREE SCHOOLS AND

COMMUNITIES

‘‘SEC. 4001. SHORT TITLE.

‘‘This part may be cited as the ‘Safe and Drug-Free Schools and

Communities Act’.

‘‘SEC. 4002. PURPOSE.

‘‘The purpose of this part is to support programs that prevent

violence in and around schools; that prevent the illegal use of alcohol, tobacco, and drugs; that involve parents and communities; and

that are coordinated with related Federal, State, school, and community efforts and resources to foster a safe and drug-free learning

environment that supports student academic achievement, through

the provision of Federal assistance to—

‘‘(1) States for grants to local educational agencies and consortia of such agencies to establish, operate, and improve local

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programs of school drug and violence prevention and early

intervention;

‘‘(2) States for grants to, and contracts with, communitybased organizations and public and private entities for programs of drug and violence prevention and early intervention,

including community-wide drug and violence prevention planning and organizing activities;

‘‘(3) States for development, training, technical assistance,

and coordination activities; and

‘‘(4) public and private entities to provide technical assistance; conduct training, demonstrations, and evaluation; and to

provide supplementary services and community-wide drug and

violence prevention planning and organizing activities for the

prevention of drug use and violence among students and youth.

‘‘SEC. 4003. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated—

‘‘(1) $650,000,000 for fiscal year 2002, and such sums as

may be necessary for each of the 5 succeeding fiscal years, for

State grants under subpart 1; and

‘‘(2) such sums for fiscal year 2002, and for each of the 5

succeeding fiscal years, for national programs under subpart 2.

‘‘Subpart 1—State Grants

‘‘SEC. 4111. RESERVATIONS AND ALLOTMENTS.

‘‘(a) RESERVATIONS.—

‘‘(1) IN GENERAL.—From the amount made available under

section 4003(1) to carry out this subpart for each fiscal year, the

Secretary—

‘‘(A) shall reserve 1 percent or $4,750,000 (whichever is

greater) of such amount for grants to Guam, American

Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands, to be allotted

in accordance with the Secretary’s determination of their

respective needs and to carry out programs described in

this subpart;

‘‘(B) shall reserve 1 percent or $4,750,000 (whichever is

greater) of such amount for the Secretary of the Interior to

carry out programs described in this subpart for Indian

youth; and

‘‘(C) shall reserve 0.2 percent of such amount for Native

Hawaiians to be used under section 4117 to carry out programs described in this subpart.

‘‘(2) OTHER RESERVATIONS.—From the amount made available under section 4003(2) to carry out subpart 2 for each fiscal

year, the Secretary—

‘‘(A) may reserve not more than $2,000,000 for the national impact evaluation required by section 4122(a);

‘‘(B) notwithstanding section 3 of the No Child Left Behind Act of 2001, shall reserve an amount necessary to

make continuation grants to grantees under the Safe

Schools/Healthy Students initiative (under the same terms

and conditions as provided for in the grants involved).

‘‘(b) STATE ALLOTMENTS.—

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‘‘(1) IN GENERAL.—Except as provided in paragraph (2), the

Secretary shall, for each fiscal year, allot among the States— ‘‘(A) 1⁄2 of the remainder not reserved under subsection

(a) according to the ratio between the school-aged population of each State and the school-aged population of all

the States; and ‘‘(B) 1⁄2 of such remainder according to the ratio between the amount each State received under section 1124A

for the preceding year and the sum of such amounts received by all the States.

‘‘(2) MINIMUM.—For any fiscal year, no State shall be allotted under this subsection an amount that is less than the greater of— ‘‘(A) 1⁄2 of 1 percent of the total amount allotted to all

the States under this subsection; or ‘‘(B) the amount such State received for fiscal year

2001 under section 4111 as such section was in effect the

day preceding the date of enactment of the No Child Left

Behind Act of 2001.

‘‘(3) REALLOTMENT.— ‘‘(A) REALLOTMENT FOR FAILURE TO APPLY.—If any

State does not apply for an allotment under this subpart

for a fiscal year, the Secretary shall reallot the amount of

the State’s allotment to the remaining States in accordance

with this section.

‘‘(B) REALLOTMENT OF UNUSED FUNDS.—The Secretary

may reallot any amount of any allotment to a State if the

Secretary determines that the State will be unable to use

such amount within 2 years of such allotment. Such reallotments shall be made on the same basis as allotments

are made under paragraph (1).

‘‘(4) DEFINITIONS.—In this section the term ‘State’ means

each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.

‘‘(c) LIMITATION.—Amounts appropriated under section 4003(2)

for a fiscal year may not be increased above the amounts appropriated under such section for the previous fiscal year unless the

amounts appropriated under section 4003(1) for the fiscal year involved are at least 10 percent greater that the amounts appropriated

under such section 4003(1) for the previous fiscal year.

‘‘SEC. 4112. RESERVATION OF STATE FUNDS FOR SAFE AND DRUGFREE SCHOOLS.

‘‘(a) STATE RESERVATION FOR THE CHIEF EXECUTIVE OFFICER

OF A STATE.—

‘‘(1) IN GENERAL.—The chief executive officer of a State may

reserve not more than 20 percent of the total amount allocated

to a State under section 4111(b) for each fiscal year to award

competitive grants and contracts to local educational agencies,

community-based organizations (including community antidrug coalitions) other public entities and private organizations,

and consortia thereof. Such grants and contracts shall be used

to carry out the comprehensive State plan described in section

4113(a) through programs or activities that complement and

support activities of local educational agencies described in section 4115(b). Such officer shall award grants based on—

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‘‘(A) the quality of the program or activity proposed;

and

‘‘(B) how the program or activity meets the principles

of effectiveness described in section 4115(a).

‘‘(2) PRIORITY.—In making such grants and contracts under

this section, a chief executive officer shall give priority to programs and activities that prevent illegal drug use and violence

for—

‘‘(A) children and youth who are not normally served

by State educational agencies or local educational agencies;

or

‘‘(B) populations that need special services or additional resources (such as youth in juvenile detention facilities, runaway or homeless children and youth, pregnant

and parenting teenagers, and school dropouts).

‘‘(3) SPECIAL CONSIDERATION.—In awarding funds under

paragraph (1), a chief executive officer shall give special consideration to grantees that pursue a comprehensive approach to

drug and violence prevention that includes providing and incorporating mental health services related to drug and violence

prevention in their program.

‘‘(4) PEER REVIEW.—Grants or contracts awarded under

this section shall be subject to a peer review process.

‘‘(5) USE OF FUNDS.—Grants and contracts under this section shall be used to implement drug and violence prevention

activities, including—

‘‘(A) activities that complement and support local educational agency activities under section 4115, including developing and implementing activities to prevent and reduce

violence associated with prejudice and intolerance;

‘‘(B) dissemination of information about drug and violence prevention; and

‘‘(C) development and implementation of communitywide drug and violence prevention planning and organizing.

‘‘(6) ADMINISTRATIVE COSTS.—The chief executive officer of

a State may use not more than 3 percent of the amount described in paragraph (1) for the administrative costs incurred

in carrying out the duties of such officer under this section.

‘‘(b) IN STATE DISTRIBUTION.—

‘‘(1) IN GENERAL.—A State educational agency shall distribute not less than 93 percent of the amount made available

to the State under section 4111(b), less the amount reserved

under subsection (a) of this section, to its local educational

agencies.

‘‘(2) STATE ADMINISTRATION COSTS.—

‘‘(A) IN GENERAL.—A State educational agency may use

not more than 3 percent of the amount made available to

the State under section 4111(b) for each fiscal year less the

amount reserved under subsection (a) of this section, for

State educational agency administrative costs, including

the implementation of the uniform management information and reporting system as provided for under subsection

(c)(3).

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‘‘(B) ADDITIONAL AMOUNTS FOR THE UNIFORM MANAGE- MENT INFORMATION SYSTEM.—In the case of fiscal year

2002, a State educational agency may, in addition to

amounts provided for in subparagraph (A), use 1 percent of

the amount made available to the State educational agency

under section 4111(b) for each fiscal year less the amount

reserved under subsection (a) of this section, for implementation of the uniform management information and reporting system as provided for under subsection (c)(3). ‘‘(c) STATE ACTIVITIES.— ‘‘(1) IN GENERAL.—A State educational agency may use not

more than 5 percent of the amount made available to the State

under section 4111(b) for each fiscal year less the amount reserved under subsection (a) of this section, for activities described in this subsection. ‘‘(2) ACTIVITIES.—A State educational agency shall use the

amounts described in paragraph (1), either directly, or through

grants and contracts, to plan, develop, and implement capacity

building, technical assistance and training, evaluation, program improvement services, and coordination activities for local

educational agencies, community-based organizations, and

other public and private entities. Such uses— ‘‘(A) shall meet the principles of effectiveness described

in section 4115(a); ‘‘(B) shall complement and support local uses of funds

under section 4115(b); ‘‘(C) shall be in accordance with the purposes of this

part; and ‘‘(D) may include, among others activities— ‘‘(i) identification, development, evaluation, and

dissemination of drug and violence prevention strategies, programs, activities, and other information; ‘‘(ii) training, technical assistance, and demonstration projects to address violence that is associated with

prejudice and intolerance; and

‘‘(iii) financial assistance to enhance drug and violence prevention resources available in areas that serve

large numbers of low-income children, are sparsely

populated, or have other special needs.

‘‘(3) UNIFORM MANAGEMENT INFORMATION AND REPORTING

SYSTEM.—

‘‘(A) INFORMATION AND STATISTICS.—A State shall establish a uniform management information and reporting

system.

‘‘(B) USES OF FUNDS.—A State may use funds described in subparagraphs (A) and (B) of subsection (b)(2),

either directly or through grants and contracts, to implement the uniform management information and reporting

system described in subparagraph (A), for the collection of

information on— ‘‘(i) truancy rates;

‘‘(ii) the frequency, seriousness, and incidence of violence and drug-related offenses resulting in suspensions and expulsions in elementary schools and secondary schools in the State;

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‘‘(iii) the types of curricula, programs, and services

provided by the chief executive officer, the State educational agency, local educational agencies, and other

recipients of funds under this subpart; and ‘‘(iv) the incidence and prevalence, age of onset,

perception of health risk, and perception of social disapproval of drug use and violence by youth in schools

and communities.

‘‘(C) COMPILATION OF STATISTICS.—In compiling the

statistics required for the uniform management information

and reporting system, the offenses described in subparagraph (B)(ii) shall be defined pursuant to the State’s criminal code, but shall not identify victims of crimes or persons

accused of crimes. The collected data shall include incident

reports by school officials, anonymous student surveys, and

anonymous teacher surveys. ‘‘(D) REPORTING.—The information described under

subparagraph (B) shall be reported to the public and the

data referenced in clauses (i) and (ii) of such subparagraph

shall be reported to the State on a school-by-school basis. ‘‘(E) LIMITATION.—Nothing in this subsection shall be

construed to authorize the Secretary to require particular

policies, procedures, or practices with respect to crimes committed on school property or school security.

‘‘SEC. 4113. STATE APPLICATION.

‘‘(a) IN GENERAL.—In order to receive an allotment under section 4111(b) for any fiscal year, a State shall submit to the Secretary, at such time as the Secretary may require, an application

that— ‘‘(1) contains a comprehensive plan for the use of funds by

the State educational agency and the chief executive officer of

the State to provide safe, orderly, and drug-free schools and

communities through programs and activities that complement

and support activities of local educational agencies under section 4115(b), that comply with the principles of effectiveness

under section 4115(a), and that otherwise are in accordance

with the purpose of this part; ‘‘(2) describes how activities funded under this subpart will

foster a safe and drug-free learning environment that supports

academic achievement; ‘‘(3) provides an assurance that the application was developed in consultation and coordination with appropriate State

officials and others, including the chief executive officer, the

chief State school officer, the head of the State alcohol and drug

abuse agency, the heads of the State health and mental health

agencies, the head of the State criminal justice planning agency, the head of the State child welfare agency, the head of the

State board of education, or their designees, and representatives

of parents, students, and community-based organizations; ‘‘(4) describes how the State educational agency will coordinate such agency’s activities under this subpart with the chief

executive officer’s drug and violence prevention programs under

this subpart and with the prevention efforts of other State agencies and other programs, as appropriate, in accordance with the

provisions in section 9306;

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‘‘(5) provides an assurance that funds reserved under section 4112(a) will not duplicate the efforts of the State educational agency and local educational agencies with regard to

the provision of school-based drug and violence prevention activities and that those funds will be used to serve populations

not normally served by the State educational agencies and local

educational agencies and populations that need special services,

such as school dropouts, suspended and expelled students,

youth in detention centers, runaway or homeless children and

youth, and pregnant and parenting youth;

‘‘(6) provides an assurance that the State will cooperate

with, and assist, the Secretary in conducting data collection as

required by section 4122;

‘‘(7) provides an assurance that the local educational agencies in the State will comply with the provisions of section 9501

pertaining to the participation of private school children and

teachers in the programs and activities under this subpart;

‘‘(8) provides an assurance that funds under this subpart

will be used to increase the level of State, local, and other nonFederal funds that would, in the absence of funds under this

subpart, be made available for programs and activities authorized under this subpart, and in no case supplant such State,

local, and other non-Federal funds;

‘‘(9) contains the results of a needs assessment conducted by

the State for drug and violence prevention programs, which

shall be based on ongoing State evaluation activities, including

data on—

‘‘(A) the incidence and prevalence of illegal drug use

and violence among youth in schools and communities, including the age of onset, the perception of health risks, and

the perception of social disapproval among such youth;

‘‘(B) the prevalence of risk factors, including high or increasing rates of reported cases of child abuse or domestic

violence;

‘‘(C) the prevalence of protective factors, buffers, or assets; and

‘‘(D) other variables in the school and community identified through scientifically based research;

‘‘(10) provides a statement of the State’s performance measures for drug and violence prevention programs and activities

to be funded under this subpart that will be focused on student

behavior and attitudes, derived from the needs assessment described in paragraph (9), and be developed in consultation between the State and local officials, and that consist of—

‘‘(A) performance indicators for drug and violence prevention programs and activities; and

‘‘(B) levels of performance for each performance indicator;

‘‘(11) describes the procedures the State will use for assessing and publicly reporting progress toward meeting the performance measures described in paragraph (10);

‘‘(12) provides an assurance that the State application will

be available for public review after submission of the application;

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‘‘(13) describes the special outreach activities that will be

carried out by the State educational agency and the chief executive officer of the State to maximize the participation of community-based organizations of demonstrated effectiveness that provide services such as mentoring programs in low-income communities; ‘‘(14) describes how funds will be used by the State educational agency and the chief executive officer of the State to

support, develop, and implement community-wide comprehensive drug and violence prevention planning and organizing activities; ‘‘(15) describes how input from parents will be sought regarding the use of funds by the State educational agency and

the chief executive officer of the State; ‘‘(16) describes how the State educational agency will review applications from local educational agencies, including

how the agency will receive input from parents in such review; ‘‘(17) describes how the State educational agency will monitor the implementation of activities under this subpart, and

provide technical assistance for local educational agencies, community-based organizations, other public entities, and private

organizations; ‘‘(18) describes how the chief executive officer of the State

will award funds under section 4112(a) and implement a plan

for monitoring the performance of, and providing technical assistance to, recipients of such funds; and ‘‘(19) includes any other information the Secretary may require.

‘‘(b) INTERIM APPLICATION.— ‘‘(1) AUTHORITY.—Notwithstanding any other provision of

this section, a State may submit for fiscal year 2002 a 1-year

interim application and plan for the use of funds under this

subpart that is consistent with the requirements of this section

and contains such information as the Secretary may specify in

regulations.

‘‘(2) PURPOSE.—The purpose of such interim application

and plan shall be to afford the State the opportunity to fully develop and review such State’s application and comprehensive

plan otherwise required by this section. ‘‘(3) EXCEPTION.—A State may not receive a grant under

this subpart for a fiscal year after fiscal year 2002 unless the

Secretary has approved such State’s application and comprehensive plan as described in subsection (a).

‘‘(c) APPROVAL PROCESS.—

‘‘(1) DEEMED APPROVAL.—An application submitted by a

State pursuant to this section shall undergo peer review by the

Secretary and shall be deemed to be approved by the Secretary

unless the Secretary makes a written determination, prior to the

expiration of the 120-day period beginning on the date on which

the Secretary received the application, that the application is

not in compliance with this subpart. ‘‘(2) DISAPPROVAL.—The Secretary shall not finally disapprove the application, except after giving the State educational agency and the chief executive officer of the State notice

and an opportunity for a hearing.

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‘‘(3) NOTIFICATION.—If the Secretary finds that the application is not in compliance, in whole or in part, with this subpart,

the Secretary shall—

‘‘(A) give the State educational agency and the chief executive officer of the State notice and an opportunity for a

hearing; and

‘‘(B) notify the State educational agency and the chief

executive officer of the State of the finding of noncompliance, and in such notification, shall—

‘‘(i) cite the specific provisions in the application

that are not in compliance; and

‘‘(ii) request additional information, only as to the

noncompliant provisions, needed to make the application compliant.

‘‘(4) RESPONSE.—If the State educational agency and the

chief executive officer of the State respond to the Secretary’s notification described in paragraph (3)(B) during the 45-day period beginning on the date on which the agency received the notification, and resubmit the application with the requested information described in paragraph (3)(B)(ii), the Secretary shall

approve or disapprove such application prior to the later of—

‘‘(A) the expiration of the 45-day period beginning on

the date on which the application is resubmitted; or

‘‘(B) the expiration of the 120-day period described in

paragraph (1).

‘‘(5) FAILURE TO RESPOND.—If the State educational agency

and the chief executive officer of the State do not respond to the

Secretary’s notification described in paragraph (3)(B) during

the 45-day period beginning on the date on which the agency

received the notification, such application shall be deemed to be

disapproved.

‘‘SEC. 4114. LOCAL EDUCATIONAL AGENCY PROGRAM.

‘‘(a) IN GENERAL.—

‘‘(1) FUNDS TO LOCAL EDUCATIONAL AGENCIES.—A State

shall provide the amount made available to the State under

this subpart, less the amounts reserved under section 4112 to

local educational agencies for drug and violence prevention and

education programs and activities as follows:

‘‘(A) 60 percent of such amount based on the relative

amount such agencies received under part A of title I for

the preceding fiscal year.

‘‘(B) 40 percent of such amount based on the relative

enrollments in public and private nonprofit elementary

schools and secondary schools within the boundaries of

such agencies.

‘‘(2) ADMINISTRATIVE COSTS.—Of the amount received under

paragraph (1), a local educational agency may use not more

than 2 percent for the administrative costs of carrying out its

responsibilities under this subpart.

‘‘(3) RETURN OF FUNDS TO STATE; REALLOCATION.—

‘‘(A) RETURN.—Except as provided in subparagraph

(B), upon the expiration of the 1-year period beginning on

the date on which a local educational agency receives its allocation under this subpart—

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‘‘(i) such agency shall return to the State educational agency any funds from such allocation that remain unobligated; and

‘‘(ii) the State educational agency shall reallocate

any such amount to local educational agencies that

have submitted plans for using such amount for programs or activities on a timely basis.

‘‘(B) CARRYOVER.—In any fiscal year, a local educational agency, may retain for obligation in the succeeding

fiscal year—

‘‘(i) an amount equal to not more than 25 percent

of the allocation it received under this subpart for such

fiscal year; or

‘‘(ii) upon a demonstration of good cause by such

agency and approval by the State educational agency,

an amount that exceeds 25 percent of such allocation.

‘‘(C) REALLOCATION.—If a local educational agency

chooses not to apply to receive the amount allocated to such

agency under subsection (a), or if such agency’s application

under subsection (d) is disapproved by the State educational agency, the State educational agency shall reallocate such amount to one or more of its other local educational agencies.

‘‘(b) ELIGIBILITY.—To be eligible to receive a subgrant under

this subpart, a local educational agency desiring a subgrant shall

submit an application to the State educational agency in accordance

with subsection (d). Such an application shall be amended, as necessary, to reflect changes in the activities and programs of the local

educational agency.

‘‘(c) DEVELOPMENT.—

‘‘(1) CONSULTATION.—

‘‘(A) IN GENERAL.—A local educational agency shall develop its application through timely and meaningful consultation with State and local government representatives,

representatives of schools to be served (including private

schools), teachers and other staff, parents, students, community-based organizations, and others with relevant and

demonstrated expertise in drug and violence prevention activities (such as medical, mental health, and law enforcement professionals).

‘‘(B) CONTINUED CONSULTATION.—On an ongoing basis,

the local educational agency shall consult with such representatives and organizations in order to seek advice regarding how best to coordinate such agency’s activities

under this subpart with other related strategies, programs,

and activities being conducted in the community.

‘‘(2) DESIGN AND DEVELOPMENT.—To ensure timely and

meaningful consultation under paragraph (1), a local educational agency at the initial stages of design and development

of a program or activity shall consult, in accordance with this

subsection, with appropriate entities and persons on issues regarding the design and development of the program or activity,

including efforts to meet the principles of effectiveness described

in section 4115(a).

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‘‘(d) CONTENTS OF APPLICATIONS.—An application submitted by

a local educational agency under this section shall contain— ‘‘(1) an assurance that the activities or programs to be

funded comply with the principles of effectiveness described in

section 4115(a) and foster a safe and drug-free learning environment that supports academic achievement; ‘‘(2) a detailed explanation of the local educational agency’s

comprehensive plan for drug and violence prevention, including

a description of— ‘‘(A) how the plan will be coordinated with programs

under this Act, and other Federal, State, and local programs for drug and violence prevention, in accordance with

section 9306; ‘‘(B) the local educational agency’s performance measures for drug and violence prevention programs and activities, that shall consist of— ‘‘(i) performance indicators for drug and violence

prevention programs and activities; including— ‘‘(I) specific reductions in the prevalence of

identified risk factors; and ‘‘(II) specific increases in the prevalence of protective factors, buffers, or assets if any have been

identified; and

‘‘(ii) levels of performance for each performance indicator;

‘‘(C) how such agency will assess and publicly report

progress toward attaining its performance measures; ‘‘(D) the drug and violence prevention activity or program to be funded, including how the activity or program

will meet the principles of effectiveness described in section

4115(a), and the means of evaluating such activity or program; and ‘‘(E) how the services will be targeted to schools and

students with the greatest need;

‘‘(3) a description for how the results of the evaluations of

the effectiveness of the program will be used to refine, improve,

and strengthen the program;

‘‘(4) an assurance that funds under this subpart will be

used to increase the level of State, local, and other non-Federal

funds that would, in the absence of funds under this subpart,

be made available for programs and activities authorized under

this subpart, and in no case supplant such State, local, and

other non-Federal funds;

‘‘(5) a description of the mechanisms used to provide effective notice to the community of an intention to submit an application under this subpart;

‘‘(6) an assurance that drug and violence prevention programs supported under this subpart convey a clear and consistent message that acts of violence and the illegal use of drugs

are wrong and harmful;

‘‘(7) an assurance that the applicant has, or the schools to

be served have, a plan for keeping schools safe and drug-free

that includes—

‘‘(A) appropriate and effective school discipline policies

that prohibit disorderly conduct, the illegal possession of

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weapons, and the illegal use, possession, distribution, and

sale of tobacco, alcohol, and other drugs by students;

‘‘(B) security procedures at school and while students

are on the way to and from school;

‘‘(C) prevention activities that are designed to create

and maintain safe, disciplined, and drug-free environments;

‘‘(D) a crisis management plan for responding to violent or traumatic incidents on school grounds; and

‘‘(E) a code of conduct policy for all students that clearly states the responsibilities of students, teachers, and administrators in maintaining a classroom environment

that—

‘‘(i) allows a teacher to communicate effectively

with all students in the class;

‘‘(ii) allows all students in the class to learn;

‘‘(iii) has consequences that are fair, and developmentally appropriate;

‘‘(iv) considers the student and the circumstances

of the situation; and

‘‘(v) is enforced accordingly;

‘‘(8) an assurance that the application and any waiver request under section 4115(a)(3) will be available for public review after submission of the application; and

‘‘(9) such other assurances, goals, and objectives identified

through scientifically based research that the State may reasonably require in accordance with the purpose of this part.

‘‘(e) REVIEW OF APPLICATION.—

‘‘(1) IN GENERAL.—In reviewing local applications under

this section, a State educational agency shall use a peer review

process or other methods of assuring the quality of such applications.

‘‘(2) CONSIDERATIONS.—In determining whether to approve

the application of a local educational agency under this section,

a State educational agency shall consider the quality of application and the extent to which the application meets the principles

of effectiveness described in section 4115(a).

‘‘(f) APPROVAL PROCESS.—

‘‘(1) DEEMED APPROVAL.—An application submitted by a

local educational agency pursuant to this section shall be

deemed to be approved by the State educational agency unless

the State educational agency makes a written determination,

prior to the expiration of the 120-day period beginning on the

date on which the State educational agency received the application, that the application is not in compliance with this subpart.

‘‘(2) DISAPPROVAL.—The State educational agency shall not

finally disapprove the application, except after giving the local

educational agency notice and opportunity for a hearing.

‘‘(3) NOTIFICATION.—If the State educational agency finds

that the application is not in compliance, in whole or in part,

with this subpart, the State educational agency shall—

‘‘(A) give the local educational agency notice and an opportunity for a hearing; and

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‘‘(B) notify the local educational agency of the finding

of noncompliance, and in such notification, shall— ‘‘(i) cite the specific provisions in the application

that are not in compliance; and ‘‘(ii) request additional information, only as to the

noncompliant provisions, needed to make the application compliant. ‘‘(4) RESPONSE.—If the local educational agency responds to

the State educational agency’s notification described in paragraph (3)(B) during the 45-day period beginning on the date on

which the agency received the notification, and resubmits the

application with the requested information described in paragraph (3)(B)(ii), the State educational agency shall approve or

disapprove such application prior to the later of— ‘‘(A) the expiration of the 45-day period beginning on

the date on which the application is resubmitted; or ‘‘(B) the expiration of the 120-day period described in

paragraph (1).

‘‘(5) FAILURE TO RESPOND.—If the local educational agency

does not respond to the State educational agency’s notification

described in paragraph (3)(B) during the 45-day period beginning on the date on which the agency received the notification,

such application shall be deemed to be disapproved.

‘‘SEC. 4115. AUTHORIZED ACTIVITIES.

‘‘(a) PRINCIPLES OF EFFECTIVENESS.— ‘‘(1) IN GENERAL.—For a program or activity developed pursuant to this subpart to meet the principles of effectiveness, such

program or activity shall— ‘‘(A) be based on an assessment of objective data regarding the incidence of violence and illegal drug use in

the elementary schools and secondary schools and communities to be served, including an objective analysis of the

current conditions and consequences regarding violence

and illegal drug use, including delinquency and serious

discipline problems, among students who attend such

schools (including private school students who participate

in the drug and violence prevention program) that is based

on ongoing local assessment or evaluation activities; ‘‘(B) be based on an established set of performance

measures aimed at ensuring that the elementary schools

and secondary schools and communities to be served by the

program have a safe, orderly, and drug-free learning environment;

‘‘(C) be based on scientifically based research that provides evidence that the program to be used will reduce violence and illegal drug use; ‘‘(D) be based on an analysis of the data reasonably

available at the time, of the prevalence of risk factors, including high or increasing rates of reported cases of child

abuse and domestic violence; protective factors, buffers, assets; or other variables in schools and communities in the

State identified through scientifically based research; and

‘‘(E) include meaningful and ongoing consultation with

and input from parents in the development of the application and administration of the program or activity.

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‘‘(2) PERIODIC EVALUATION.—

‘‘(A) REQUIREMENT.—The program or activity shall undergo a periodic evaluation to assess its progress toward reducing violence and illegal drug use in schools to be served

based on performance measures described in section

4114(d)(2)(B).

‘‘(B) USE OF RESULTS.—The results shall be used to refine, improve, and strengthen the program, and to refine

the performance measures, and shall also be made available to the public upon request, with public notice of such

availability provided.

‘‘(3) WAIVER.—A local educational agency may apply to the

State for a waiver of the requirement of subsection (a)(1)(C) to

allow innovative activities or programs that demonstrate substantial likelihood of success.

‘‘(b) LOCAL EDUCATIONAL AGENCY ACTIVITIES.—

‘‘(1) PROGRAM REQUIREMENTS.—A local educational agency

shall use funds made available under section 4114 to develop,

implement, and evaluate comprehensive programs and activities, which are coordinated with other school and communitybased services and programs, that shall—

‘‘(A) foster a safe and drug-free learning environment

that supports academic achievement;

‘‘(B) be consistent with the principles of effectiveness described in subsection (a)(1);

‘‘(C) be designed to—

‘‘(i) prevent or reduce violence; the use, possession

and distribution of illegal drugs; and delinquency; and

‘‘(ii) create a well disciplined environment conducive to learning, which includes consultation between

teachers, principals, and other school personnel to

identify early warning signs of drug use and violence

and to provide behavioral interventions as part of

classroom management efforts; and

‘‘(D) include activities to—

‘‘(i) promote the involvement of parents in the activity or program;

‘‘(ii) promote coordination with community groups

and coalitions, and government agencies; and

‘‘(iii) distribute information about the local educational agency’s needs, goals, and programs under

this subpart.

‘‘(2) AUTHORIZED ACTIVITIES.—Each local educational agency, or consortium of such agencies, that receives a subgrant

under this subpart may use such funds to carry out activities

that comply with the principles of effectiveness described in subsection (a), such as the following:

‘‘(A) Age appropriate and developmentally based activities that—

‘‘(i) address the consequences of violence and the illegal use of drugs, as appropriate;

‘‘(ii) promote a sense of individual responsibility;

‘‘(iii) teach students that most people do not illegally use drugs;

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‘‘(iv) teach students to recognize social and peer

pressure to use drugs illegally and the skills for resisting illegal drug use;

‘‘(v) teach students about the dangers of emerging

drugs;

‘‘(vi) engage students in the learning process; and

‘‘(vii) incorporate activities in secondary schools

that reinforce prevention activities implemented in elementary schools.

‘‘(B) Activities that involve families, community sectors

(which may include appropriately trained seniors), and a

variety of drug and violence prevention providers in setting

clear expectations against violence and illegal use of drugs

and appropriate consequences for violence and illegal use of

drugs.

‘‘(C) Dissemination of drug and violence prevention information to schools and the community.

‘‘(D) Professional development and training for, and involvement of, school personnel, pupil services personnel,

parents, and interested community members in prevention,

education, early identification and intervention, mentoring,

or rehabilitation referral, as related to drug and violence

prevention.

‘‘(E) Drug and violence prevention activities that may

include the following:

‘‘(i) Community-wide planning and organizing activities to reduce violence and illegal drug use, which

may include gang activity prevention.

‘‘(ii) Acquiring and installing metal detectors, electronic locks, surveillance cameras, or other related

equipment and technologies.

‘‘(iii) Reporting criminal offenses committed on

school property.

‘‘(iv) Developing and implementing comprehensive

school security plans or obtaining technical assistance

concerning such plans, which may include obtaining a

security assessment or assistance from the School Security and Technology Resource Center at the Sandia National Laboratory located in Albuquerque, New Mexico.

‘‘(v) Supporting safe zones of passage activities that

ensure that students travel safely to and from school,

which may include bicycle and pedestrian safety programs.

‘‘(vi) The hiring and mandatory training, based on

scientific research, of school security personnel (including school resource officers) who interact with students

in support of youth drug and violence prevention activities under this part that are implemented in the

school.

‘‘(vii) Expanded and improved school-based mental

health services related to illegal drug use and violence,

including early identification of violence and illegal

drug use, assessment, and direct or group counseling

services provided to students, parents, families, and

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school personnel by qualified school-based mental

health service providers. ‘‘(viii) Conflict resolution programs, including peer

mediation programs that educate and train peer mediators and a designated faculty supervisor, and youth

anti-crime and anti-drug councils and activities. ‘‘(ix) Alternative education programs or services for

violent or drug abusing students that reduce the need

for suspension or expulsion or that serve students who

have been suspended or expelled from the regular educational settings, including programs or services to assist students to make continued progress toward meeting the State academic achievement standards and to

reenter the regular education setting. ‘‘(x) Counseling, mentoring, referral services, and

other student assistance practices and programs, including assistance provided by qualified school-based

mental health services providers and the training of

teachers by school-based mental health services providers in appropriate identification and intervention

techniques for students at risk of violent behavior and

illegal use of drugs. ‘‘(xi) Programs that encourage students to seek advice from, and to confide in, a trusted adult regarding

concerns about violence and illegal drug use. ‘‘(xii) Drug and violence prevention activities designed to reduce truancy. ‘‘(xiii) Age-appropriate, developmentally-based violence prevention and education programs that address

victimization associated with prejudice and intolerance, and that include activities designed to help students develop a sense of individual responsibility and

respect for the rights of others, and to resolve conflicts

without violence.

‘‘(xiv) Consistent with the fourth amendment to the

Constitution of the United States, the testing of a student for illegal drug use or the inspecting of a student’s

locker for weapons or illegal drugs or drug paraphernalia, including at the request of or with the consent of a parent or legal guardian of the student, if the

local educational agency elects to so test or inspect.

‘‘(xv) Emergency intervention services following

traumatic crisis events, such as a shooting, major accident, or a drug-related incident that have disrupted the

learning environment.

‘‘(xvi) Establishing or implementing a system for

transferring suspension and expulsion records, consistent with section 444 of the General Education Provisions Act (20 U.S.C. 1232g), by a local educational

agency to any public or private elementary school or

secondary school.

‘‘(xvii) Developing and implementing character

education programs, as a component of drug and violence prevention programs, that take into account the

views of parents of the students for whom the program

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is intended and such students, such as a program described in subpart 3 of part D of title V. ‘‘(xviii) Establishing and maintaining a school

safety hotline. ‘‘(xix) Community service, including community

service performed by expelled students, and servicelearning projects. ‘‘(xx) Conducting a nationwide background check

of each local educational agency employee, regardless

of when hired, and prospective employees for the purpose of determining whether the employee or prospective employee has been convicted of a crime that bears

upon the employee’s fitness— ‘‘(I) to be responsible for the safety or wellbeing of children; ‘‘(II) to serve in the particular capacity in

which the employee or prospective employee is or

will be employed; or ‘‘(III) to otherwise be employed by the local

educational agency.

‘‘(xxi) Programs to train school personnel to identify warning signs of youth suicide and to create an action plan to help youth at risk of suicide. ‘‘(xxii) Programs that respond to the needs of students who are faced with domestic violence or child

abuse.

‘‘(F) The evaluation of any of the activities authorized

under this subsection and the collection of objective data

used to assess program needs, program implementation, or

program success in achieving program goals and objectives. ‘‘(c) LIMITATION.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), not

more than 40 percent of the funds available to a local educational agency under this subpart may be used to carry out the

activities described in clauses (ii) through (vi) of subsection

(b)(2)(E), of which not more than 50 percent of such amount

may be used to carry out the activities described in clauses (ii)

through (v) of such subsection. ‘‘(2) EXCEPTION.—A local educational agency may use funds

under this subpart for activities described in clauses (ii)

through (v) of subsection (b)(2)(E) only if funding for these activities is not received from other Federal agencies.

‘‘(d) RULE OF CONSTRUCTION.—Nothing in this section shall be

construed to prohibit the use of funds under this subpart by any

local educational agency or school for the establishment or implementation of a school uniform policy if such policy is part of the

overall comprehensive drug and violence prevention plan of the

State involved and is supported by the State’s needs assessment and

other scientifically based research information.

‘‘SEC. 4116. REPORTING.

‘‘(a) STATE REPORT.—

‘‘(1) IN GENERAL.—By December 1, 2003, and every 2 years

thereafter, the chief executive officer of the State, in cooperation

with the State educational agency, shall submit to the Secretary

a report—

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‘‘(A) on the implementation and outcomes of State programs under section 4112(a)(1) and section 4112(c) and

local educational agency programs under section 4115(b),

as well as an assessment of their effectiveness;

‘‘(B) on the State’s progress toward attaining its performance measures for drug and violence prevention under

section 4113(a)(10); and

‘‘(C) on the State’s efforts to inform parents of, and include parents in, violence and drug prevention efforts.

‘‘(2) SPECIAL RULE.—The report required by this subsection

shall be—

‘‘(A) in the form specified by the Secretary;

‘‘(B) based on the State’s ongoing evaluation activities,

and shall include data on the incidence and prevalence,

age of onset, perception of health risk, and perception of social disapproval of drug use and violence by youth in

schools and communities; and

‘‘(C) made readily available to the public.

‘‘(b) LOCAL EDUCATIONAL AGENCY REPORT.—

‘‘(1) IN GENERAL.—Each local educational agency receiving

funds under this subpart shall submit to the State educational

agency such information that the State requires to complete the

State report required by subsection (a), including a description

of how parents were informed of, and participated in, violence

and drug prevention efforts.

‘‘(2) AVAILABILITY.—Information under paragraph (1) shall

be made readily available to the public.

‘‘(3) PROVISION OF DOCUMENTATION.—Not later than January 1 of each year that a State is required to report under subsection (a), the Secretary shall provide to the State education

agency all of the necessary documentation required for compliance with this section.

‘‘SEC. 4117. PROGRAMS FOR NATIVE HAWAIIANS.

‘‘(a) GENERAL AUTHORITY.—From the funds made available

pursuant to section 4111(a)(1)(C) to carry out this section, the Secretary shall make grants to or enter into cooperative agreements or

contracts with organizations primarily serving and representing Native Hawaiians for the benefit of Native Hawaiians to plan, conduct,

and administer programs, or portions thereof, that are authorized

by and consistent with the provisions of this subpart.

‘‘(b) DEFINITION OF NATIVE HAWAIIAN.—For the purposes of this

section, the term ‘Native Hawaiian’ means any individual any of

whose ancestors were natives, prior to 1778, of the area which now

comprises the State of Hawaii.

‘‘Subpart 2—National Programs

‘‘SEC. 4121. FEDERAL ACTIVITIES.

‘‘(a) PROGRAM AUTHORIZED.—From funds made available to

carry out this subpart under section 4003(2), the Secretary, in consultation with the Secretary of Health and Human Services, the Director of the Office of National Drug Control Policy, and the Attorney General, shall carry out programs to prevent the illegal use of

drugs and violence among, and promote safety and discipline for,

students. The Secretary shall carry out such programs directly, or

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through grants, contracts, or cooperative agreements with public

and private entities and individuals, or through agreements with

other Federal agencies, and shall coordinate such programs with

other appropriate Federal activities. Such programs may include— ‘‘(1) the development and demonstration of innovative strategies for the training of school personnel, parents, and members

of the community for drug and violence prevention activities

based on State and local needs; ‘‘(2) the development, demonstration, scientifically based

evaluation, and dissemination of innovative and high quality

drug and violence prevention programs and activities, based on

State and local needs, which may include— ‘‘(A) alternative education models, either established

within a school or separate and apart from an existing

school, that are designed to promote drug and violence prevention, reduce disruptive behavior, reduce the need for repeat suspensions and expulsions, enable students to meet

challenging State academic standards, and enable students

to return to the regular classroom as soon as possible; ‘‘(B) community service and service-learning projects,

designed to rebuild safe and healthy neighborhoods and increase students’ sense of individual responsibility; ‘‘(C) video-based projects developed by noncommercial

telecommunications entities that provide young people with

models for conflict resolution and responsible decisionmaking; and ‘‘(D) child abuse education and prevention programs

for elementary and secondary students;

‘‘(3) the provision of information on drug abuse education

and prevention to the Secretary of Health and Human Services

for dissemination; ‘‘(4) the provision of information on violence prevention and

education and school safety to the Department of Justice for

dissemination;

‘‘(5) technical assistance to chief executive officers, State

agencies, local educational agencies, and other recipients of

funding under this part to build capacity to develop and implement high-quality, effective drug and violence prevention programs consistent with the principles of effectiveness in section

4115(a);

‘‘(6) assistance to school systems that have particularly severe drug and violence problems, including hiring drug prevention and school safety coordinators, or assistance to support appropriate response efforts to crisis situations;

‘‘(7) the development of education and training programs,

curricula, instructional materials, and professional training

and development for preventing and reducing the incidence of

crimes and conflicts motivated by hate in localities most directly affected by hate crimes;

‘‘(8) activities in communities designated as empowerment

zones or enterprise communities that will connect schools to

community-wide efforts to reduce drug and violence problems;

and

‘‘(9) other activities in accordance with the purpose of this

part, based on State and local needs.

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‘‘(b) PEER REVIEW.—The Secretary shall use a peer review process in reviewing applications for funds under this section.

‘‘SEC. 4122. IMPACT EVALUATION.

‘‘(a) BIENNIAL EVALUATION.—The Secretary, in consultation

with the Safe and Drug-Free Schools and Communities Advisory

Committee described in section 4124, shall conduct an independent

biennial evaluation of the impact of programs assisted under this

subpart and of other recent and new initiatives to combat violence

and illegal drug use in schools. The evaluation shall report on

whether community and local educational agency programs funded

under this subpart—

‘‘(1) comply with the principles of effectiveness described in

section 4115(a);

‘‘(2) have appreciably reduced the level of illegal drug, alcohol and tobacco use, and school violence and the illegal presence of weapons at schools; and

‘‘(3) have conducted effective parent involvement and training programs.

‘‘(b) DATA COLLECTION.—The National Center for Education

Statistics shall collect data, that is subject to independent review,

to determine the incidence and prevalence of illegal drug use and

violence in elementary schools and secondary schools in the States.

The collected data shall include incident reports by schools officials,

anonymous student surveys, and anonymous teacher surveys.

‘‘(c) BIENNIAL REPORT.—Not later than January 1, 2003, and

every 2 years thereafter, the Secretary shall submit to the President

and Congress a report on the findings of the evaluation conducted

under subsection (a) together with the data collected under subsection (b) and data available from other sources on the incidence

and prevalence, age of onset, perception of health risk, and perception of social disapproval of drug use and violence in elementary

schools and secondary schools in the States. The Secretary shall include data submitted by the States pursuant to subsection 4116(a).

‘‘SEC. 4123. HATE CRIME PREVENTION.

‘‘(a) GRANT AUTHORIZATION.—From funds made available to

carry out this subpart under section 4003(2) the Secretary may

make grants to local educational agencies and community-based organizations for the purpose of providing assistance to localities most

directly affected by hate crimes.

‘‘(b) USE OF FUNDS.—

‘‘(1) PROGRAM DEVELOPMENT.—Grants under this section

may be used to improve elementary and secondary educational

efforts, including—

‘‘(A) development of education and training programs

designed to prevent and to reduce the incidence of crimes

and conflicts motivated by hate;

‘‘(B) development of curricula for the purpose of improving conflict or dispute resolution skills of students,

teachers, and administrators;

‘‘(C) development and acquisition of equipment and instructional materials to meet the needs of, or otherwise be

part of, hate crime or conflict programs; and

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‘‘(D) professional training and development for teachers

and administrators on the causes, effects, and resolutions

of hate crimes or hate-based conflicts.

‘‘(2) APPLICATION.—In order to be eligible to receive a grant

under this section for any fiscal year, a local educational agency, or a local educational agency in conjunction with a community-based organization, shall submit an application to the Secretary in such form and containing such information as the

Secretary may reasonably require.

‘‘(3) REQUIREMENTS.—Each application under paragraph

(2) shall include—

‘‘(A) a request for funds for the purpose described in

this section;

‘‘(B) a description of the schools and communities to be

served by the grants; and

‘‘(C) assurances that Federal funds received under this

section shall be used to supplement, and not supplant, nonFederal funds.

‘‘(4) COMPREHENSIVE PLAN.—Each application shall include

a comprehensive plan that contains—

‘‘(A) a description of the hate crime or conflict problems

within the schools or the community targeted for assistance;

‘‘(B) a description of the program to be developed or

augmented by such Federal and matching funds;

‘‘(C) assurances that such program or activity shall be

administered by or under the supervision of the applicant;

‘‘(D) procedures for the proper and efficient administration of such program; and

‘‘(E) fiscal control and fund accounting procedures as

may be necessary to ensure prudent use, proper disbursement, and accurate accounting of funds received under this

section.

‘‘(c) AWARD OF GRANTS.—

‘‘(1) SELECTION OF RECIPIENTS.—The Secretary shall consider the incidence of crimes and conflicts motivated by bias in

the targeted schools and communities in awarding grants

under this section.

‘‘(2) GEOGRAPHIC DISTRIBUTION.—The Secretary shall attempt, to the extent practicable, to achieve an equitable geographic distribution of grant awards.

‘‘(3) DISSEMINATION OF INFORMATION.—The Secretary shall

attempt, to the extent practicable, to make available information

regarding successful hate crime prevention programs, including

programs established or expanded with grants under this section.

‘‘(d) REPORTS.—The Secretary shall submit to Congress a report

every 2 years that shall contain a detailed statement regarding

grants and awards, activities of grant recipients, and an evaluation

of programs established under this section.

‘‘SEC. 4124. SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES ADVISORY COMMITTEE.

‘‘(a) ESTABLISHMENT.—

‘‘(1) IN GENERAL.—There is hereby established an advisory

committee to be known as the ‘Safe and Drug Free Schools and

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Communities Advisory Committee’ (referred to in this section as

the ‘Advisory Committee’) to— ‘‘(A) consult with the Secretary under subsection (b);

‘‘(B) coordinate Federal school- and community-based

substance abuse and violence prevention programs and reduce duplicative research or services; ‘‘(C) develop core data sets and evaluation protocols for

safe and drug-free school- and community-based programs; ‘‘(D) provide technical assistance and training for safe

and drug-free school- and community-based programs; ‘‘(E) provide for the diffusion of scientifically based research to safe and drug-free school- and community-based

programs; and ‘‘(F) review other regulations and standards developed

under this title.

‘‘(2) COMPOSITION.—The Advisory Committee shall be composed of representatives from— ‘‘(A) the Department of Education;

‘‘(B) the Centers for Disease Control and Prevention;

‘‘(C) the National Institute on Drug Abuse;

‘‘(D) the National Institute on Alcoholism and Alcohol

Abuse; ‘‘(E) the Center for Substance Abuse Prevention;

‘‘(F) the Center for Mental Health Services;

‘‘(G) the Office of Juvenile Justice and Delinquency

Prevention; ‘‘(H) the Office of National Drug Control Policy;

‘‘(I) State and local governments, including education

agencies; and ‘‘(J) researchers and expert practitioners. ‘‘(3) CONSULTATION.—In carrying out its duties under this

section, the Advisory Committee shall annually consult with interested State and local coordinators of school- and communitybased substance abuse and violence prevention programs and

other interested groups.

‘‘(b) PROGRAMS.— ‘‘(1) IN GENERAL.—From amounts made available under

section 4003(2) to carry out this subpart, the Secretary, in consultation with the Advisory Committee, shall carry out scientifically based research programs to strengthen the accountability

and effectiveness of the State, chief executive officer’s, and national programs under this part. ‘‘(2) GRANTS, CONTRACTS OR COOPERATIVE AGREEMENTS.—

The Secretary shall carry out paragraph (1) directly or through

grants, contracts, or cooperative agreements with public and

private entities and individuals or through agreements with

other Federal agencies.

‘‘(3) COORDINATION.—The Secretary shall coordinate programs under this section with other appropriate Federal activities.

‘‘(4) ACTIVITIES.—Activities that may be carried out under

programs funded under this section may include—

‘‘(A) the provision of technical assistance and training,

in collaboration with other Federal agencies utilizing their

expertise and national and regional training systems, for

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Governors, State educational agencies and local educational agencies to support high quality, effective programs that—

‘‘(i) provide a thorough assessment of the substance

abuse and violence problem;

‘‘(ii) utilize objective data and the knowledge of a

wide range of community members;

‘‘(iii) develop measurable goals and objectives; and

‘‘(iv) implement scientifically based research activities that have been shown to be effective and that meet

identified needs;

‘‘(B) the provision of technical assistance and training

to foster program accountability;

‘‘(C) the diffusion and dissemination of best practices

and programs;

‘‘(D) the development of core data sets and evaluation

tools;

‘‘(E) program evaluations;

‘‘(F) the provision of information on drug abuse education and prevention to the Secretary of Health and

Human Services for dissemination by the clearinghouse for

alcohol and drug abuse information established under section 501(d)(16) of the Public Health Service Act; and

‘‘(G) other activities that meet unmet needs related to

the purpose of this part and that are undertaken in consultation with the Advisory Committee.

‘‘SEC. 4125. NATIONAL COORDINATOR PROGRAM.

‘‘(a) IN GENERAL.—From funds made available to carry out this

subpart under section 4003(2), the Secretary may provide for the establishment of a National Coordinator Program under which the

Secretary shall award grants to local educational agencies for the

hiring of drug prevention and school safety program coordinators.

‘‘(b) USE OF FUNDS.—Amounts received under a grant under

subsection (a) shall be used by local educational agencies to recruit,

hire, and train individuals to serve as drug prevention and school

safety program coordinators in schools with significant drug and

school safety problems. Such coordinators shall be responsible for

developing, conducting, and analyzing assessments of drug and

crime problems at their schools, and administering the safe and

drug-free grant program at such schools.

‘‘SEC. 4126. COMMUNITY SERVICE GRANT PROGRAM.

‘‘(a) IN GENERAL.—From funds made available to carry out this

subpart under section 4003(2), the Secretary may make grants to

States to carry out programs under which students expelled or suspended from school are required to perform community service.

‘‘(b) ALLOCATION.—From the amount described in subsection

(a), the Secretary shall allocate among the States—

‘‘(1) 1⁄2 according to the ratio between the school-aged population of each State and the school-aged population of all the

States; and

‘‘(2) 1⁄2 according to the ratio between the amount each

State received under section 1124A for the preceding year and

the sum of such amounts received by all the States.

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‘‘(c) MINIMUM.—For any fiscal year, no State shall be allotted

under this section an amount that is less than 1⁄2 of 1 percent of the

total amount allotted to all the States under this section.

‘‘(d) REALLOTMENT.—The Secretary may reallot any amount of

any allotment to a State if the Secretary determines that the State

will be unable to use such amount within 2 years of such allotment.

Such reallotments shall be made on the same basis as allotments

are made under subsection (b).

‘‘(e) DEFINITION.—In this section, the term ‘State’ means each of

the 50 States, the District of Columbia, and the Commonwealth of

Puerto Rico.

‘‘SEC. 4127. SCHOOL SECURITY TECHNOLOGY AND RESOURCE CENTER.

‘‘(a) CENTER.—From funds made available to carry out this

subpart under section 4003(2), the Secretary, the Attorney General,

and the Secretary of Energy may enter into an agreement for the establishment at the Sandia National Laboratories, in partnership

with the National Law Enforcement and Corrections Technology

Center—Southeast and the National Center for Rural Law Enforcement in Little Rock, Arkansas, of a center to be known as the

‘School Security Technology and Resource Center’ (hereinafter in

this section ‘the Center’).

‘‘(b) ADMINISTRATION.—The Center established under subsection

(a) shall be administered by the Attorney General.

‘‘(c) FUNCTIONS.—The center established under subsection (a)

shall be a resource to local educational agencies for school security

assessments, security technology development, evaluation and implementation, and technical assistance relating to improving school security. The Center will also conduct and publish school violence research, coalesce data from victim communities, and monitor and report on schools that implement school security strategies.

‘‘SEC. 4128. NATIONAL CENTER FOR SCHOOL AND YOUTH SAFETY.

‘‘(a) ESTABLISHMENT.—From funds made available to carry out

this subpart under section 4003(2), the Secretary of Education and

the Attorney General may jointly establish a National Center for

School and Youth Safety (in this section referred to as the ‘Center’).

The Secretary of Education and the Attorney General may establish

the Center at an existing facility, if the facility has a history of performing two or more of the duties described in subsection (b). The

Secretary of Education and the Attorney General shall jointly appoint a Director of the Center to oversee the operation of the Center.

‘‘(b) DUTIES.—The Center shall carry out emergency response,

anonymous student hotline, consultation, and information and outreach activities with respect to elementary and secondary school

safety, including the following:

‘‘(1) EMERGENCY RESPONSE.—The staff of the Center, and

such temporary contract employees as the Director of the Center

shall determine necessary, shall offer emergency assistance to

local communities to respond to school safety crises. Such assistance shall include counseling for victims and the community, assistance to law enforcement to address short-term security concerns, and advice on how to enhance school safety, prevent future incidents, and respond to future incidents. ‘‘(2) ANONYMOUS STUDENT HOTLINE.—The Center shall establish a toll-free telephone number for students to report crimiVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00342 Fmt 6659 Sfmt 6603 E:\HR\OC\A334HR.138 pfrm07 PsN: A334HR
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nal activity, threats of criminal activity, and other high-risk behaviors such as substance abuse, gang or cult affiliation, depression, or other warning signs of potentially violent behavior.

The Center shall relay the reports, without attribution, to local

law enforcement or appropriate school hotlines. The Director of

the Center shall work with the Attorney General to establish

guidelines for Center staff to work with law enforcement around

the Nation to relay information reported through the hotline. ‘‘(3) CONSULTATION.—The Center shall establish a toll-free

number for the public to contact staff of the Center for consultation regarding school safety. The Director of the Center shall

hire administrative staff and individuals with expertise in enhancing school safety, including individuals with backgrounds

in counseling and psychology, education, law enforcement and

criminal justice, and community development to assist in the

consultation. ‘‘(4) INFORMATION AND OUTREACH.—The Center shall compile information about the best practices in school violence prevention, intervention, and crisis management, and shall serve

as a clearinghouse for model school safety program information. The staff of the Center shall work to ensure local governments, school officials, parents, students, and law enforcement

officials and agencies are aware of the resources, grants, and

expertise available to enhance school safety and prevent school

crime. The staff of the Center shall give special attention to providing outreach to rural and impoverished communities.

‘‘SEC. 4129. GRANTS TO REDUCE ALCOHOL ABUSE.

‘‘(a) IN GENERAL.—The Secretary, in consultation with the Administrator of the Substance Abuse and Mental Health Services Administration, may award grants from funds made available to carry

out this subpart under section 4003(2), on a competitive basis, to

local educational agencies to enable such agencies to develop and

implement innovative and effective programs to reduce alcohol

abuse in secondary schools. ‘‘(b) ELIGIBILITY.—To be eligible to receive a grant under subsection (a), a local educational agency shall prepare and submit to

the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including— ‘‘(1) a description of the activities to be carried out under

the grant; ‘‘(2) an assurance that such activities will include 1 or more

of the proven strategies for reducing underage alcohol abuse as

determined by the Substance Abuse and Mental Health Services

Administration;

‘‘(3) an explanation of how activities to be carried under the

grant that are not described in paragraph (2) will be effective

in reducing underage alcohol abuse, including references to the

past effectiveness of such activities;

‘‘(4) an assurance that the applicant will submit to the Secretary an annual report concerning the effectiveness of the programs and activities funded under the grant; and

‘‘(5) such other information as the Secretary determines appropriate.

‘‘(c) STREAMLINING OF PROCESS FOR LOW-INCOME AND RURAL

LEAS.—The Secretary, in consultation with the Administrator of the

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Substance Abuse and Mental Health Services Administration, shall

develop procedures to make the application process for grants under

this section more user-friendly, particularly for low-income and

rural local educational agencies. ‘‘(d) RESERVATIONS.— ‘‘(1) SAMHSA.—The Secretary may reserve 20 percent of any

amount used to carry out this section to enable the Administrator of the Substance Abuse and Mental Health Services Administration to provide alcohol abuse resources and start-up assistance to local educational agencies receiving grants under

this section. ‘‘(2) LOW-INCOME AND RURAL AREAS.—The Secretary may

reserve 25 percent of any amount used to carry out this section

to award grants to low-income and rural local educational

agencies.

‘‘SEC. 4130. MENTORING PROGRAMS.

‘‘(a) PURPOSE; DEFINITIONS.— ‘‘(1) PURPOSE.—The purpose of this section is to make assistance available to promote mentoring programs for children

with greatest need— ‘‘(A) to assist such children in receiving support and

guidance from a mentor; ‘‘(B) to improve the academic achievement of such children;‘‘(C) to improve interpersonal relationships between

such children and their peers, teachers, other adults, and

family members; ‘‘(D) to reduce the dropout rate of such children; and

‘‘(E) to reduce juvenile delinquency and involvement in

gangs by such children.

‘‘(2) DEFINITIONS.—In this part: ‘‘(A) CHILD WITH GREATEST NEED.—The term ‘child

with greatest need’ means a child who is at risk of educational failure, dropping out of school, or involvement in

criminal or delinquent activities, or who lacks strong positive role models. ‘‘(B) ELIGIBLE ENTITY.—The term ‘eligible entity’ means—‘‘(i) a local educational agency;

‘‘(ii) a nonprofit, community-based organization; or

‘‘(iii) a partnership between a local educational

agency and a nonprofit, community-based organization.

‘‘(C) MENTOR.—The term ‘mentor’ means a responsible

adult, a postsecondary school student, or a secondary

school student who works with a child—

‘‘(i) to provide a positive role model for the child;

‘‘(ii) to establish a supportive relationship with the

child; and

‘‘(iii) to provide the child with academic assistance

and exposure to new experiences and examples of opportunity that enhance the ability of the child to become a responsible adult.

‘‘(D) STATE.—The term ‘State’ means each of the several States, the District of Columbia, the Commonwealth of

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Puerto Rico, the United States Virgin Islands, Guam,

American Samoa, and the Commonwealth of the Northern

Mariana Islands. ‘‘(b) GRANT PROGRAM.— ‘‘(1) IN GENERAL.—The Secretary may award grants from

funds made available to carry out this subpart under section

4003(2) to eligible entities to assist such entities in establishing

and supporting mentoring programs and activities for children

with greatest need that— ‘‘(A) are designed to link such children (particularly

children living in rural areas, high-crime areas, or troubled

home environments, or children experiencing educational

failure) with mentors who— ‘‘(i) have received training and support in mentoring; ‘‘(ii) have been screened using appropriate reference

checks, child and domestic abuse record checks, and

criminal background checks; and ‘‘(iii) are interested in working with children with

greatest need; and

‘‘(B) are intended to achieve 1 or more of the following

goals with respect to children with greatest need: ‘‘(i) Provide general guidance.

‘‘(ii) Promote personal and social responsibility.

‘‘(iii) Increase participation in, and enhance the

ability to benefit from, elementary and secondary education. ‘‘(iv) Discourage illegal use of drugs and alcohol,

violence, use of dangerous weapons, promiscuous behavior, and other criminal, harmful, or potentially

harmful activity. ‘‘(v) Encourage participation in community service

and community activities. ‘‘(vi) Encourage setting goals and planning for the

future, including encouragement of graduation from

secondary school and planning for postsecondary education or training.

‘‘(viii) Discourage involvement in gangs.

‘‘(2) USE OF FUNDS.— ‘‘(A) IN GENERAL.—Each eligible entity awarded a

grant under this subsection shall use the grant funds for

activities that establish or implement a mentoring program,

that may include—

‘‘(i) hiring of mentoring coordinators and support

staff;

‘‘(ii) providing for the professional development of

mentoring coordinators and support staff;

‘‘(iii) recruitment, screening, and training of mentors;‘‘(iv) reimbursement to schools, if appropriate, for

the use of school materials or supplies in carrying out

the mentoring program; ‘‘(v) dissemination of outreach materials;

‘‘(vi) evaluation of the mentoring program using

scientifically based methods; and

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‘‘(vii) such other activities as the Secretary may

reasonably prescribe by rule.

‘‘(B) PROHIBITED USES.—Notwithstanding subparagraph (A), an eligible entity awarded a grant under this

section may not use the grant funds— ‘‘(i) to directly compensate mentors;

‘‘(ii) to obtain educational or other materials or

equipment that would otherwise be used in the ordinary course of the eligible entity’s operations; ‘‘(iii) to support litigation of any kind; or

‘‘(iv) for any other purpose reasonably prohibited

by the Secretary by rule. ‘‘(3) AVAILABILITY OF FUNDS.—Funds made available

through a grant under this section shall be available for obligation for a period not to exceed 3 years. ‘‘(4) APPLICATION.—Each eligible entity seeking a grant

under this section shall submit to the Secretary an application

that includes— ‘‘(A) a description of the plan for the mentoring program the eligible entity proposes to carry out with such

grant; ‘‘(B) information on the children expected to be served

by the mentoring program for which such grant is sought; ‘‘(C) a description of the mechanism the eligible entity

will use to match children with mentors based on the needs

of the children; ‘‘(D) an assurance that no mentor will be assigned to

mentor so many children that the assignment will undermine the mentor’s ability to be an effective mentor or the

mentor’s ability to establish a close relationship (a one-toone relationship, where practicable) with each mentored

child;‘‘(E) an assurance that the mentoring program will

provide children with a variety of experiences and support,

including—

‘‘(i) emotional support;

‘‘(ii) academic assistance; and

‘‘(iii) exposure to experiences that the children

might not otherwise encounter on their own;

‘‘(F) an assurance that the mentoring program will be

monitored to ensure that each child assigned a mentor benefits from that assignment and that the child will be assigned a new mentor if the relationship between the original mentor and the child is not beneficial to the child;

‘‘(G) information regarding how mentors and children

will be recruited to the mentoring program;

‘‘(H) information regarding how prospective mentors

will be screened;

‘‘(I) information on the training that will be provided

to mentors; and

‘‘(J) information on the system that the eligible entity

will use to manage and monitor information relating to the

mentoring program’s—

‘‘(i) reference checks;

‘‘(ii) child and domestic abuse record checks;

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‘‘(iii) criminal background checks; and

‘‘(iv) procedure for matching children with mentors.

‘‘(5) SELECTION.—

‘‘(A) COMPETITIVE BASIS.—In accordance with this subsection, the Secretary shall award grants to eligible entities

on a competitive basis.

‘‘(B) PRIORITY.—In awarding grants under subparagraph (A), the Secretary shall give priority to each eligible

entity that—

‘‘(i) serves children with greatest need living in

rural areas, high-crime areas, or troubled home environments, or who attend schools with violence problems;

‘‘(ii) provides high quality background screening of

mentors, training of mentors, and technical assistance

in carrying out mentoring programs; or

‘‘(iii) proposes a school-based mentoring program.

‘‘(C) OTHER CONSIDERATIONS.—In awarding grants

under subparagraph (A), the Secretary shall also

consider—

‘‘(i) the degree to which the location of the mentoring program proposed by each eligible entity contributes to a fair distribution of mentoring programs with

respect to urban and rural locations;

‘‘(ii) the quality of the mentoring program proposed

by each eligible entity, including—

‘‘(I) the resources, if any, the eligible entity will

dedicate to providing children with opportunities

for job training or postsecondary education;

‘‘(II) the degree to which parents, teachers,

community-based organizations, and the local

community have participated, or will participate,

in the design and implementation of the proposed

mentoring program;

‘‘(III) the degree to which the eligible entity

can ensure that mentors will develop longstanding

relationships with the children they mentor;

‘‘(IV) the degree to which the mentoring program will serve children with greatest need in the

4th through 8th grades; and

‘‘(V) the degree to which the mentoring program will continue to serve children from the 9th

grade through graduation from secondary school,

as needed; and

‘‘(iii) the capability of each eligible entity to effectively implement its mentoring program.

‘‘(D) GRANT TO EACH STATE.—Notwithstanding any

other provision of this subsection, in awarding grants

under subparagraph (A), the Secretary shall select not less

than 1 grant recipient from each State for which there is

an eligible entity that submits an application of sufficient

quality pursuant to paragraph (4).

‘‘(6) MODEL SCREENING GUIDELINES.—

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‘‘(A) IN GENERAL.—Based on model screening guidelines developed by the Office of Juvenile Programs of the

Department of Justice, the Secretary shall develop and distribute to each eligible entity awarded a grant under this

section specific model guidelines for the screening of mentors who seek to participate in mentoring programs assisted

under this section. ‘‘(B) BACKGROUND CHECKS.—The guidelines developed

under this subsection shall include, at a minimum, a requirement that potential mentors be subject to reference

checks, child and domestic abuse record checks, and criminal background checks.

‘‘Subpart 3—Gun Possession

‘‘SEC. 4141. GUN-FREE REQUIREMENTS.

‘‘(a) SHORT TITLE.—This subpart may be cited as the ‘‘Gun-Free

Schools Act’’. ‘‘(b) REQUIREMENTS.— ‘‘(1) IN GENERAL.—Each State receiving Federal funds

under the No Child Left Behind Act of 2001 shall have in effect

a State law requiring local educational agencies to expel from

school for a period of not less than one year a student who is

determined to have brought a firearm to a school, or to have

possessed a firearm at a school, under the jurisdiction of local

educational agencies in that State, except that such State law

shall allow the chief administering officer of a local educational

agency to modify such expulsion requirement for a student on

a case-by-case basis if such modification is in writing. ‘‘(2) CONSTRUCTION.—Nothing in this subpart shall be construed to prevent a State from allowing a local educational

agency that has expelled a student from such a student’s regular school setting from providing educational services to such

student in an alternative setting. ‘‘(3) DEFINITION.—For the purpose of this section, the term ‘firearm’ has the same meaning given such term in section

921(a) of title 18, United States Code.

‘‘(c) SPECIAL RULE.—The provisions of this section shall be construed in a manner consistent with the Individuals with Disabilities

Education Act. ‘‘(d) REPORT TO STATE.—Each local educational agency requesting assistance from the State educational agency that is to be provided from funds made available to the State under the No Child

Left Behind Act of 2001 shall provide to the State, in the application requesting such assistance— ‘‘(1) an assurance that such local educational agency is in

compliance with the State law required by subsection (b); and ‘‘(2) a description of the circumstances surrounding any expulsions imposed under the State law required by subsection

(b), including— ‘‘(A) the name of the school concerned;

‘‘(B) the number of students expelled from such school;

and

‘‘(C) the type of firearms concerned.

‘‘(e) REPORTING.—Each State shall report the information described in subsection (d) to the Secretary on an annual basis.

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‘‘(f) DEFINITION.—For the purpose of subsection (d), the term ‘school’ means any setting that is under the control and supervision

of the local educational agency for the purpose of student activities

approved and authorized by the local educational agency. ‘‘(g) EXCEPTION.—Nothing in this section shall apply to a firearm that is lawfully stored inside a locked vehicle on school property, or if it is for activities approved and authorized by the local

educational agency and the local educational agency adopts appropriate safeguards to ensure student safety. ‘‘(h) POLICY REGARDING CRIMINAL JUSTICE SYSTEM REFER- RAL.— ‘‘(1) IN GENERAL.—No funds shall be made available under

the No Child Left Behind Act of 2001 to any local educational

agency unless such agency has a policy requiring referral to the

criminal justice or juvenile delinquency system of any student

who brings a firearm or weapon to a school served by such

agency. ‘‘(2) DEFINITIONS.—For the purpose of this subsection, the

terms ‘firearm’ and ‘school’ have the same meaning given to

such terms by section 921(a) of title 18, United States Code.

‘‘Subpart 4—General Provisions

‘‘SEC. 4151. DEFINITIONS.

‘‘In this part: ‘‘(1) CONTROLLED SUBSTANCE.—The term ‘controlled substance’ means a drug or other substance identified under Schedule I, II, III, IV, or V in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)). ‘‘(2) DRUG.—The term ‘drug’ includes controlled substances;

the illegal use of alcohol and tobacco; and the harmful, abusive,

or addictive use of substances, including inhalants and anabolic steroids. ‘‘(3) DRUG AND VIOLENCE PREVENTION.—The term ‘drug

and violence prevention’ means— ‘‘(A) with respect to drugs, prevention, early intervention, rehabilitation referral, or education related to the illegal use of drugs; ‘‘(B) with respect to violence, the promotion of school

safety, such that students and school personnel are free

from violent and disruptive acts, including sexual harassment and abuse, and victimization associated with prejudice and intolerance, on school premises, going to and from

school, and at school-sponsored activities, through the creation and maintenance of a school environment that is free

of weapons and fosters individual responsibility and respect for the rights of others.

‘‘(4) HATE CRIME.—The term ‘hate crime’ means a crime as

described in section 1(b) of the Hate Crime Statistics Act of

1990.‘‘(5) NONPROFIT.—The term ‘nonprofit’, as applied to a

school, agency, organization, or institution means a school,

agency, organization, or institution owned and operated by one

or more nonprofit corporations or associations, no part of the

net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.

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‘‘(6) PROTECTIVE FACTOR, BUFFER, OR ASSET.—The terms

‘protective factor’, ‘buffer’, and ‘asset’ mean any one of a number

of the community, school, family, or peer-individual domains

that are known, through prospective, longitudinal research efforts, or which are grounded in a well-established theoretical

model of prevention, and have been shown to prevent alcohol,

tobacco, or illegal drug use, as well as violent behavior, by

youth in the community, and which promote positive youth development.

‘‘(7) RISK FACTOR.—The term ‘risk factor’ means any one of

a number of characteristics of the community, school, family, or

peer-individual domains that are known, through prospective,

longitudinal research efforts, to be predictive of alcohol, tobacco,

and illegal drug use, as well as violent behavior, by youth in

the school and community.

‘‘(8) SCHOOL-AGED POPULATION.—The term ‘school-aged

population’ means the population aged five through 17, as determined by the Secretary on the basis of the most recent satisfactory data available from the Department of Commerce.

‘‘(9) SCHOOL BASED MENTAL HEALTH SERVICES PROVIDER.—

The term ‘school based mental health services provider’ includes

a State licensed or State certified school counselor, school psychologist, school social worker, or other State licensed or certified mental health professional qualified under State law to

provide such services to children and adolescents.

‘‘(10) SCHOOL PERSONNEL.—The term ‘school personnel’ includes teachers, principals, administrators, counselors, social

workers, psychologists, nurses, librarians, and other support

staff who are employed by a school or who perform services for

the school on a contractual basis.

‘‘(11) SCHOOL RESOURCE OFFICER.—The term ‘school resource officer’ means a career law enforcement officer, with

sworn authority, deployed in community oriented policing, and

assigned by the employing police department to a local educational agency to work in collaboration with schools and community based organizations to—

‘‘(A) educate students in crime and illegal drug use prevention and safety;

‘‘(B) develop or expand community justice initiatives for

students; and

‘‘(C) train students in conflict resolution, restorative

justice, and crime and illegal drug use awareness.

‘‘SEC. 4152. MESSAGE AND MATERIALS.

‘‘(a) ‘WRONG AND HARMFUL’ MESSAGE.—Drug and violence prevention programs supported under this part shall convey a clear

and consistent message that the illegal use of drugs and acts of violence are wrong and harmful.

‘‘(b) CURRICULUM.—The Secretary shall not prescribe the use of

specific curricula for programs supported under this part.

‘‘SEC. 4153. PARENTAL CONSENT.

‘‘Upon receipt of written notification from the parents or legal

guardians of a student, the local educational agency shall withdraw

such student from any program or activity funded under this part.

The local educational agency shall make reasonable efforts to inVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00350 Fmt 6659 Sfmt 6603 E:\HR\OC\A334HR.141 pfrm07 PsN: A334HR
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form parents or legal guardians of the content of such programs or

activities funded under this part, other than classroom instruction.

‘‘SEC. 4154. PROHIBITED USES OF FUNDS.

‘‘No funds under this part may be used for— ‘‘(1) construction (except for minor remodeling needed to accomplish the purposes of this part); or ‘‘(2) medical services, drug treatment or rehabilitation, except for pupil services or referral to treatment for students who

are victims of, or witnesses to, crime or who illegally use drugs.

‘‘SEC. 4155. TRANSFER OF SCHOOL DISCIPLINARY RECORDS.

‘‘(a) NONAPPLICATION OF PROVISIONS.—This section shall not

apply to any disciplinary records with respect to a suspension or expulsion that are transferred from a private, parochial or other nonpublic school, person, institution, or other entity, that provides education below the college level. ‘‘(b) DISCIPLINARY RECORDS.—In accordance with the Family

Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g), not

later than 2 years after the date of enactment of this part, each

State receiving Federal funds under this Act shall provide an assurance to the Secretary that the State has a procedure in place to facilitate the transfer of disciplinary records, with respect to a suspension or expulsion, by local educational agencies to any private or

public elementary school or secondary school for any student who is

enrolled or seeks, intends, or is instructed to enroll, on a full- or

part-time basis, in the school.

‘‘PART B—21ST CENTURY COMMUNITY LEARNING

CENTERS

‘‘SEC. 4201. PURPOSE; DEFINITIONS.

‘‘(a) PURPOSE.—The purpose of this part is to provide opportunities for communities to establish or expand activities in community learning centers that— ‘‘(1) provide opportunities for academic enrichment, including providing tutorial services to help students, particularly

students who attend low-performing schools, to meet State and

local student academic achievement standards in core academic

subjects, such as reading and mathematics;

‘‘(2) offer students a broad array of additional services, programs, and activities, such as youth development activities,

drug and violence prevention programs, counseling programs,

art, music, and recreation programs, technology education programs, and character education programs, that are designed to

reinforce and complement the regular academic program of participating students; and

‘‘(3) offer families of students served by community learning

centers opportunities for literacy and related educational development.

‘‘(b) DEFINITIONS.—In this part:

‘‘(1) COMMUNITY LEARNING CENTER.—The term ‘community

learning center’ means an entity that—

‘‘(A) assists students in meeting State and local academic achievement standards in core academic subjects,

such as reading and mathematics, by providing the students with opportunities for academic enrichment activities

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and a broad array of other activities (such as drug and violence prevention, counseling, art, music, recreation, technology, and character education programs) during nonschool hours or periods when school is not in session (such

as before and after school or during summer recess) that reinforce and complement the regular academic programs of

the schools attended by the students served; and ‘‘(B) offers families of students served by such center

opportunities for literacy and related educational development.

‘‘(2) COVERED PROGRAM.—The term ‘covered program’ means a program for which— ‘‘(A) the Secretary made a grant under part I of title X

(as such part was in effect on the day before the date of enactment of the No Child Left Behind Act of 2001); and ‘‘(B) the grant period had not ended on that date of enactment.

‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible entity’ means a

local educational agency, community-based organization, another public or private entity, or a consortium of 2 or more of

such agencies, organizations, or entities. ‘‘(4) STATE.—The term ‘State’ means each of the 50 States,

the District of Columbia, and the Commonwealth of Puerto

Rico.

‘‘SEC. 4202. ALLOTMENTS TO STATES.

‘‘(a) RESERVATION.—From the funds appropriated under section

4206 for any fiscal year, the Secretary shall reserve— ‘‘(1) such amount as may be necessary to make continuation

awards to grant recipients under covered programs (under the

terms of those grants); ‘‘(2) not more than 1 percent for national activities, which

the Secretary may carry out directly or through grants and contracts, such as providing technical assistance to eligible entities

carrying out programs under this part or conducting a national

evaluation; and ‘‘(3) not more than 1 percent for payments to the outlying

areas and the Bureau of Indian Affairs, to be allotted in accordance with their respective needs for assistance under this part,

as determined by the Secretary, to enable the outlying areas

and the Bureau to carry out the purpose of this part.

‘‘(b) STATE ALLOTMENTS.—

‘‘(1) DETERMINATION.—From the funds appropriated under

section 4206 for any fiscal year and remaining after the Secretary makes reservations under subsection (a), the Secretary

shall allot to each State for the fiscal year an amount that

bears the same relationship to the remainder as the amount the

State received under subpart 2 of part A of title I for the preceding fiscal year bears to the amount all States received under

that subpart for the preceding fiscal year, except that no State

shall receive less than an amount equal to 1⁄2 of 1 percent of the

total amount made available to all States under this subsection.

‘‘(2) REALLOTMENT OF UNUSED FUNDS.—If a State does not

receive an allotment under this part for a fiscal year, the Secretary shall reallot the amount of the State’s allotment to the

remaining States in accordance with this section.

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‘‘(c) STATE USE OF FUNDS.— ‘‘(1) IN GENERAL.—Each State that receives an allotment

under this part shall reserve not less than 95 percent of the

amount allotted to such State under subsection (b), for each fiscal year for awards to eligible entities under section 4204. ‘‘(2) STATE ADMINISTRATION.—A State educational agency

may use not more than 2 percent of the amount made available

to the State under subsection (b) for— ‘‘(A) the administrative costs of carrying out its responsibilities under this part; ‘‘(B) establishing and implementing a peer review process for grant applications described in section 4204(b) (including consultation with the Governor and other State

agencies responsible for administering youth development

programs and adult learning activities); and ‘‘(C) supervising the awarding of funds to eligible entities (in consultation with the Governor and other State

agencies responsible for administering youth development

programs and adult learning activities).

‘‘(3) STATE ACTIVITIES.—A State educational agency may

use not more than 3 percent of the amount made available to

the State under subsection (b) for the following activities: ‘‘(A) Monitoring and evaluation of programs and activities assisted under this part. ‘‘(B) Providing capacity building, training, and technical assistance under this part. ‘‘(C) Comprehensive evaluation (directly, or through a

grant or contract) of the effectiveness of programs and activities assisted under this part. ‘‘(D) Providing training and technical assistance to eligible entities who are applicants for or recipients of awards

under this part.

‘‘SEC. 4203. STATE APPLICATION.

‘‘(a) IN GENERAL.—In order to receive an allotment under section 4202 for any fiscal year, a State shall submit to the Secretary,

at such time as the Secretary may require, an application that— ‘‘(1) designates the State educational agency as the agency

responsible for the administration and supervision of programs

assisted under this part; ‘‘(2) describes how the State educational agency will use

funds received under this part, including funds reserved for

State-level activities;

‘‘(3) contains an assurance that the State educational agency will make awards under this part only to eligible entities

that propose to serve—

‘‘(A) students who primarily attend—

‘‘(i) schools eligible for schoolwide programs under

section 1114; or

‘‘(ii) schools that serve a high percentage of students from low-income families; and

‘‘(B) the families of students described in subparagraph

(A);

‘‘(4) describes the procedures and criteria the State educational agency will use for reviewing applications and awarding funds to eligible entities on a competitive basis, which shall

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include procedures and criteria that take into consideration the

likelihood that a proposed community learning center will help

participating students meet local content and student academic

achievement standards;

‘‘(5) describes how the State educational agency will ensure

that awards made under this part are—

‘‘(A) of sufficient size and scope to support high-quality,

effective programs that are consistent with the purpose of

this part; and

‘‘(B) in amounts that are consistent with section

4204(h);

‘‘(6) describes the steps the State educational agency will

take to ensure that programs implement effective strategies, including providing ongoing technical assistance and training,

evaluation, and dissemination of promising practices;

‘‘(7) describes how programs under this part will be coordinated with programs under this Act, and other programs as appropriate;

‘‘(8) contains an assurance that the State educational

agency—

‘‘(A) will make awards for programs for a period of not

less than 3 years and not more than 5 years; and

‘‘(B) will require each eligible entity seeking such an

award to submit a plan describing how the community

learning center to be funded through the award will continue after funding under this part ends;

‘‘(9) contains an assurance that funds appropriated to carry

out this part will be used to supplement, and not supplant,

other Federal, State, and local public funds expended to provide

programs and activities authorized under this part and other

similar programs;

‘‘(10) contains an assurance that the State educational

agency will require eligible entities to describe in their applications under section 4204(b) how the transportation needs of participating students will be addressed;

‘‘(11) provides an assurance that the application was developed in consultation and coordination with appropriate State

officials, including the chief State school officer, and other State

agencies administering before and after school (or summer

school) programs, the heads of the State health and mental

health agencies or their designees, and representatives of teachers, parents, students, the business community, and communitybased organizations;

‘‘(12) describes the results of the State’s needs and resources

assessment for before and after school activities, which shall be

based on the results of on-going State evaluation activities;

‘‘(13) describes how the State educational agency will evaluate the effectiveness of programs and activities carried out

under this part, which shall include, at a minimum—

‘‘(A) a description of the performance indicators and

performance measures that will be used to evaluate programs and activities; and

‘‘(B) public dissemination of the evaluations of programs and activities carried out under this part; and

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‘‘(14) provides for timely public notice of intent to file an

application and an assurance that the application will be available for public review after submission.

‘‘(b) DEEMED APPROVAL.—An application submitted by a State

educational agency pursuant to subsection (a) shall be deemed to be

approved by the Secretary unless the Secretary makes a written determination, prior to the expiration of the 120-day period beginning

on the date on which the Secretary received the application, that the

application is not in compliance with this part.

‘‘(c) DISAPPROVAL.—The Secretary shall not finally disapprove

the application, except after giving the State educational agency notice and opportunity for a hearing.

‘‘(d) NOTIFICATION.—If the Secretary finds that the application

is not in compliance, in whole or in part, with this part, the Secretary shall—

‘‘(1) give the State educational agency notice and an opportunity for a hearing; and

‘‘(2) notify the State educational agency of the finding of

noncompliance, and, in such notification, shall—

‘‘(A) cite the specific provisions in the application that

are not in compliance; and

‘‘(B) request additional information, only as to the noncompliant provisions, needed to make the application compliant.

‘‘(e) RESPONSE.—If the State educational agency responds to the

Secretary’s notification described in subsection (d)(2) during the 45-

day period beginning on the date on which the agency received the

notification, and resubmits the application with the requested information described in subsection (d)(2)(B), the Secretary shall approve

or disapprove such application prior to the later of—

‘‘(1) the expiration of the 45-day period beginning on the

date on which the application is resubmitted; or

‘‘(2) the expiration of the 120-day period described in subsection (b).

‘‘(f) FAILURE TO RESPOND.—If the State educational agency does

not respond to the Secretary’s notification described in subsection

(d)(2) during the 45-day period beginning on the date on which the

agency received the notification, such application shall be deemed to

be disapproved.

‘‘SEC. 4204. LOCAL COMPETITIVE GRANT PROGRAM.

‘‘(a) IN GENERAL.—A State that receives funds under this part

for a fiscal year shall provide the amount made available under section 4202(c)(1) to eligible entities for community learning centers in

accordance with this part.

‘‘(b) APPLICATION.—

‘‘(1) IN GENERAL.—To be eligible to receive an award under

this part, an eligible entity shall submit an application to the

State educational agency at such time, in such manner, and including such information as the State educational agency may

reasonably require.

‘‘(2) CONTENTS.—Each application submitted under paragraph (1) shall include—

‘‘(A) a description of the before and after school or summer recess activities to be funded, including—

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‘‘(i) an assurance that the program will take place

in a safe and easily accessible facility;

‘‘(ii) a description of how students participating in

the program carried out by the community learning

center will travel safely to and from the center and

home; and

‘‘(iii) a description of how the eligible entity will

disseminate information about the community learning

center (including its location) to the community in a

manner that is understandable and accessible;

‘‘(B) a description of how the activity is expected to improve student academic achievement;

‘‘(C) an identification of Federal, State, and local programs that will be combined or coordinated with the proposed program to make the most effective use of public resources;

‘‘(D) an assurance that the proposed program was developed, and will be carried out, in active collaboration

with the schools the students attend;

‘‘(E) a description of how the activities will meet the

principles of effectiveness described in section 4205(b);

‘‘(F) an assurance that the program will primarily target students who attend schools eligible for schoolwide programs under section 1114 and the families of such students;

‘‘(G) an assurance that funds under this part will be

used to increase the level of State, local, and other non-Federal funds that would, in the absence of funds under this

part, be made available for programs and activities authorized under this part, and in no case supplant Federal,

State, local, or non-Federal funds;

‘‘(H) a description of the partnership between a local

educational agency, a community-based organization, and

another public entity or private entity, if appropriate;

‘‘(I) an evaluation of the community needs and available resources for the community learning center and a description of how the program proposed to be carried out in

the center will address those needs (including the needs of

working families);

‘‘(J) a demonstration that the eligible entity has experience, or promise of success, in providing educational and

related activities that will complement and enhance the

academic performance, achievement, and positive youth development of the students;

‘‘(K) a description of a preliminary plan for how the

community learning center will continue after funding

under this part ends;

‘‘(L) an assurance that the community will be given notice of an intent to submit an application and that the application and any waiver request will be available for public review after submission of the application;

‘‘(M) if the eligible entity plans to use senior volunteers

in activities carried out through the community learning

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age and use appropriately qualified seniors to serve as the

volunteers; and ‘‘(N) such other information and assurances as the

State educational agency may reasonably require. ‘‘(c) APPROVAL OF CERTAIN APPLICATIONS.—The State educational agency may approve an application under this part for a

program to be located in a facility other than an elementary school

or secondary school only if the program will be at least as available

and accessible to the students to be served as if the program were

located in an elementary school or secondary school. ‘‘(d) PERMISSIVE LOCAL MATCH.— ‘‘(1) IN GENERAL.—A State educational agency may require

an eligible entity to match funds awarded under this part, except that such match may not exceed the amount of the grant

award and may not be derived from other Federal or State

funds. ‘‘(2) SLIDING SCALE.—The amount of a match under paragraph (1) shall be established based on a sliding fee scale that

takes into account— ‘‘(A) the relative poverty of the population to be targeted

by the eligible entity; and ‘‘(B) the ability of the eligible entity to obtain such

matching funds.

‘‘(3) IN-KIND CONTRIBUTIONS.—Each State educational

agency that requires an eligible entity to match funds under

this subsection shall permit the eligible entity to provide all or

any portion of such match in the form of in-kind contributions. ‘‘(4) CONSIDERATION.—Notwithstanding this subsection, a

State educational agency shall not consider an eligible entity’s

ability to match funds when determining which eligible entities

will receive awards under this part.

‘‘(e) PEER REVIEW.—In reviewing local applications under this

section, a State educational agency shall use a peer review process

or other methods of assuring the quality of such applications. ‘‘(f) GEOGRAPHIC DIVERSITY.—To the extent practicable, a State

educational agency shall distribute funds under this part equitably

among geographic areas within the State, including urban and

rural communities. ‘‘(g) DURATION OF AWARDS.—Grants under this part may be

awarded for a period of not less than 3 years and not more than

5 years. ‘‘(h) AMOUNT OF AWARDS.—A grant awarded under this part

may not be made in an amount that is less than $50,000.

‘‘(i) PRIORITY.—

‘‘(1) IN GENERAL.—In awarding grants under this part, a

State educational agency shall give priority to applications—

‘‘(A) proposing to target services to students who attend

schools that have been identified as in need of improvement

under section 1116; and ‘‘(B) submitted jointly by eligible entities consisting of

not less than 1— ‘‘(i) local educational agency receiving funds under

part A of title I; and ‘‘(ii) community-based organization or other public

or private entity.

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‘‘(2) SPECIAL RULE.—The State educational agency shall

provide the same priority under paragraph (1) to an application

submitted by a local educational agency if the local educational

agency demonstrates that it is unable to partner with a community-based organization in reasonable geographic proximity and

of sufficient quality to meet the requirements of this part.

‘‘SEC. 4205. LOCAL ACTIVITIES.

‘‘(a) AUTHORIZED ACTIVITIES.—Each eligible entity that receives

an award under this part may use the award funds to carry out a

broad array of before and after school activities (including during

summer recess periods) that advance student academic achievement,

including—

‘‘(1) remedial education activities and academic enrichment

learning programs, including providing additional assistance to

students to allow the students to improve their academic

achievement; ‘‘(2) mathematics and science education activities;

‘‘(3) arts and music education activities;

‘‘(4) entrepreneurial education programs;

‘‘(5) tutoring services (including those provided by senior

citizen volunteers) and mentoring programs; ‘‘(6) programs that provide after school activities for limited

English proficient students that emphasize language skills and

academic achievement; ‘‘(7) recreational activities;

‘‘(8) telecommunications and technology education programs; ‘‘(9) expanded library service hours;

‘‘(10) programs that promote parental involvement and

family literacy; ‘‘(11) programs that provide assistance to students who

have been truant, suspended, or expelled to allow the students

to improve their academic achievement; and ‘‘(12) drug and violence prevention programs, counseling

programs, and character education programs.

‘‘(b) PRINCIPLES OF EFFECTIVENESS.— ‘‘(1) IN GENERAL.—For a program or activity developed pursuant to this part to meet the principles of effectiveness, such

program or activity shall— ‘‘(A) be based upon an assessment of objective data regarding the need for before and after school programs (including during summer recess periods) and activities in the

schools and communities;

‘‘(B) be based upon an established set of performance

measures aimed at ensuring the availability of high quality

academic enrichment opportunities; and

‘‘(C) if appropriate, be based upon scientifically based

research that provides evidence that the program or activity

will help students meet the State and local student academic achievement standards.

‘‘(2) PERIODIC EVALUATION.—

‘‘(A) IN GENERAL.—The program or activity shall undergo a periodic evaluation to assess its progress toward

achieving its goal of providing high quality opportunities

for academic enrichment.

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‘‘(B) USE OF RESULTS.—The results of evaluations

under subparagraph (A) shall be— ‘‘(i) used to refine, improve, and strengthen the program or activity, and to refine the performance measures; and ‘‘(ii) made available to the public upon request,

with public notice of such availability provided.

‘‘SEC. 4206. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated— ‘‘(1) $1,250,000,000 for fiscal year 2002;

‘‘(2) $1,500,000,000 for fiscal year 2003;

‘‘(3) $1,750,000,000 for fiscal year 2004;

‘‘(4) $2,000,000,000 for fiscal year 2005;

‘‘(5) $2,250,000,000 for fiscal year 2006; and

‘‘(6) $2,500,000,000 for fiscal year 2007.

‘‘PART C—ENVIRONMENTAL TOBACCO SMOKE

‘‘SEC. 4301. SHORT TITLE.

‘‘This part may be cited as the ‘Pro-Children Act of 2001’.

‘‘SEC. 4302. DEFINITIONS.

‘‘As used in this part: ‘‘(1) CHILDREN.—The term ‘children’ means individuals

who have not attained the age of 18. ‘‘(2) CHILDREN’S SERVICES.—The term ‘children’s services’ means the provision on a routine or regular basis of health, day

care, education, or library services— ‘‘(A) that are funded, after the date of enactment of the

No Child Left Behind Act of 2001, directly by the Federal

Government or through State or local governments, by Federal grant, loan, loan guarantee, or contract programs— ‘‘(i) administered by either the Secretary of Health

and Human Services or the Secretary of Education

(other than services provided and funded solely under

titles XVIII and XIX of the Social Security Act); or ‘‘(ii) administered by the Secretary of Agriculture

in the case of a clinic (as defined in part 246.2 of title

7, Code of Federal Regulations (or any corresponding

similar regulation or ruling)) under section 17(b)(6) of

the Child Nutrition Act of 1966; or

‘‘(B) that are provided in indoor facilities that are constructed, operated, or maintained with such Federal funds,

as determined by the appropriate head of a Federal agency

in any enforcement action carried out under this part,

except that nothing in clause (ii) of subparagraph (A) is intended to include facilities (other than clinics) where coupons

are redeemed under the Child Nutrition Act of 1966. ‘‘(3) INDOOR FACILITY.—The term ‘indoor facility’ means a

building that is enclosed.

‘‘(4) PERSON.—The term ‘person’ means any State or local

subdivision of a State, agency of such State or subdivision, corporation, or partnership that owns or operates or otherwise controls and provides children’s services or any individual who

owns or operates or otherwise controls and provides such services.

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‘‘(5) SECRETARY.—The term ‘Secretary’ means the Secretary

of Health and Human Services.

‘‘SEC. 4303. NONSMOKING POLICY FOR CHILDREN’S SERVICES.

‘‘(a) PROHIBITION.—After the date of enactment of the No Child

Left Behind Act of 2001, no person shall permit smoking within any

indoor facility owned or leased or contracted for, and utilized, by

such person for provision of routine or regular kindergarten, elementary, or secondary education or library services to children.

‘‘(b) ADDITIONAL PROHIBITION.—

‘‘(1) IN GENERAL.—After the date of enactment of the No

Child Left Behind Act of 2001, no person shall permit smoking

within any indoor facility (or portion of such a facility) owned

or leased or contracted for, and utilized by, such person for the

provision of regular or routine health care or day care or early

childhood development (Head Start) services.

‘‘(2) EXCEPTION.—Paragraph (1) shall not apply to—

‘‘(A) any portion of such facility that is used for inpatient hospital treatment of individuals dependent on, or addicted to, drugs or alcohol; and

‘‘(B) any private residence.

‘‘(c) FEDERAL AGENCIES.—

‘‘(1) KINDERGARTEN, ELEMENTARY, OR SECONDARY EDUCATION OR LIBRARY SERVICES.—After the date of enactment of

the No Child Left Behind Act of 2001, no Federal agency shall

permit smoking within any indoor facility in the United States

operated by such agency, directly or by contract, to provide routine or regular kindergarten, elementary, or secondary education or library services to children.

‘‘(2) HEALTH OR DAY CARE OR EARLY CHILDHOOD DEVELOPMENT SERVICES.—

‘‘(A) IN GENERAL.—After the date of enactment of the

No Child Left Behind Act of 2001, no Federal agency shall

permit smoking within any indoor facility (or portion of

such facility) operated by such agency, directly or by contract, to provide routine or regular health or day care or

early childhood development (Head Start) services to children.

‘‘(B) EXCEPTION.—Subparagraph (A) shall not apply

to—

‘‘(i) any portion of such facility that is used for inpatient hospital treatment of individuals dependent on,

or addicted to, drugs or alcohol; and

‘‘(ii) any private residence.

‘‘(3) APPLICATION OF PROVISIONS.—The provisions of paragraph (2) shall also apply to the provision of such routine or

regular kindergarten, elementary or secondary education or library services in the facilities described in paragraph (2) not

subject to paragraph (1).

‘‘(d) NOTICE.—The prohibitions in subsections (a) through (c)

shall be published in a notice in the Federal Register by the Secretary (in consultation with the heads of other affected agencies)

and by such agency heads in funding arrangements involving the

provision of children’s services administered by such heads. Such

prohibitions shall be effective 90 days after such notice is published,

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or 270 days after the date of enactment of the No Child Left Behind

Act of 2001, whichever occurs first. ‘‘(e) CIVIL PENALTIES.— ‘‘(1) IN GENERAL.—Any failure to comply with a prohibition

in this section shall be considered to be a violation of this section and any person subject to such prohibition who commits

such violation may be liable to the United States for a civil penalty in an amount not to exceed $1,000 for each violation, or

may be subject to an administrative compliance order, or both,

as determined by the Secretary. Each day a violation continues

shall constitute a separate violation. In the case of any civil

penalty assessed under this section, the total amount shall not

exceed fifty percent of the amount of Federal funds received

under the No Child Left Behind Act of 2001 by such person for

the fiscal year in which the continuing violation occurred. For

the purpose of the prohibition in subsection (c), the term ‘person’, as used in this paragraph, shall mean the head of the applicable Federal agency or the contractor of such agency providing the services to children. ‘‘(2) ADMINISTRATIVE PROCEEDING.—A civil penalty may be

assessed in a written notice, or an administrative compliance

order may be issued under paragraph (1), by the Secretary only

after an opportunity for a hearing in accordance with section

554 of title 5, United States Code. Before making such assessment or issuing such order, or both, the Secretary shall give

written notice of the assessment or order to such person by certified mail with return receipt and provide information in the

notice of an opportunity to request in writing, not later than 30

days after the date of receipt of such notice, such hearing. The

notice shall reasonably describe the violation and be accompanied with the procedures for such hearing and a simple form

that may be used to request such hearing if such person desires

to use such form. If a hearing is requested, the Secretary shall

establish by such certified notice the time and place for such

hearing, which shall be located, to the greatest extent possible,

at a location convenient to such person. The Secretary (or the

Secretary’s designee) and such person may consult to arrange a

suitable date and location where appropriate.

‘‘(3) CIRCUMSTANCES AFFECTING PENALTY OR ORDER.—In

determining the amount of the civil penalty or the nature of the

administrative compliance order, the Secretary shall take into

account, as appropriate— ‘‘(A) the nature, circumstances, extent, and gravity of

the violation; ‘‘(B) with respect to the violator, any good faith efforts

to comply, the importance of achieving early and permanent compliance, the ability to pay or comply, the effect of

the penalty or order on the ability to continue operation,

any prior history of the same kind of violation, the degree

of culpability, and any demonstration of willingness to

comply with the prohibitions of this section in a timely

manner; and

‘‘(C) such other matters as justice may require.

‘‘(4) MODIFICATION.—The Secretary may, as appropriate,

compromise, modify, or remit, with or without conditions, any

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civil penalty or administrative compliance order. In the case of

a civil penalty, the amount, as finally determined by the Secretary or agreed upon in compromise, may be deducted from

any sums that the United States or the agencies or instrumentalities of the United States owe to the person against whom the

penalty is assessed.

‘‘(5) PETITION FOR REVIEW.—Any person aggrieved by a

penalty assessed or an order issued, or both, by the Secretary

under this section may file a petition for judicial review of the

order with the United States Court of Appeals for the District

of Columbia Circuit or for any other circuit in which the person

resides or transacts business. Such person shall provide a copy

of the petition to the Secretary or the Secretary’s designee. The

petition shall be filed within 30 days after the Secretary’s assessment or order, or both, are final and have been provided to

such person by certified mail. The Secretary shall promptly provide to the court a certified copy of the transcript of any hearing

held under this section and a copy of the notice or order.

‘‘(6) FAILURE TO COMPLY.—If a person fails to pay an assessment of a civil penalty or comply with an order, after the

assessment or order, or both, are final under this section, or

after a court has entered a final judgment under paragraph (5)

in favor of the Secretary, the Attorney General, at the request

of the Secretary, shall recover the amount of the civil penalty

(plus interest at prevailing rates from the day the assessment

or order, or both, are final) or enforce the order in an action

brought in the appropriate district court of the United States.

In such action, the validity and appropriateness of the penalty

or order or the amount of the penalty shall not be subject to review.

‘‘SEC. 4304. PREEMPTION.

‘‘Nothing in this part is intended to preempt any provision of

law of a State or political subdivision of a State that is more restrictive than a provision of this part.’’.

TITLE V—PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

SEC. 501. INNOVATIVE PROGRAMS AND PARENTAL CHOICE PROVISIONS.

Title V (20 U.S.C. 7201 et seq.) is amended to read as follows:

‘‘TITLE V—PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE

PROGRAMS

‘‘PART A—INNOVATIVE PROGRAMS

‘‘SEC. 5101. PURPOSES, STATE AND LOCAL RESPONSIBILITY.

‘‘(a) PURPOSES.—The purposes of this part are the following:

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‘‘(1) To support local education reform efforts that are consistent with and support statewide education reform efforts.

‘‘(2) To provide funding to enable State educational agencies and local educational agencies to implement promising

educational reform programs and school improvement programs based on scientifically based research.

‘‘(3) To provide a continuing source of innovation and educational improvement, including support programs to provide

library services and instructional and media materials.

‘‘(4) To meet the educational needs of all students, including at-risk youth.

‘‘(5) To develop and implement education programs to improve school, student, and teacher performance, including professional development activities and class size reduction programs.

‘‘(b) STATE AND LOCAL RESPONSIBILITY.—The State educational

agency shall bear the basic responsibility for the administration of

funds made available under this part, but it is the intent of Congress that the responsibility be carried out with a minimum of paperwork and that the responsibility for the design and implementation of programs assisted under this part be mainly that of local

educational agencies, school superintendents and principals, and

classroom teachers and supporting personnel, because local educational agencies and individuals have the most direct contact with

students and are most likely to be able to design programs to meet

the educational needs of students in their own school districts.

‘‘Subpart 1—State and Local Programs

‘‘SEC. 5111. ALLOTMENT TO STATES.

‘‘(a) IN GENERAL.—From the sums appropriated to carry out

this part for each fiscal year and not reserved under subsection (b),

the Secretary shall allot, and make available in accordance with

this part, to each State educational agency an amount that bears

the same ratio to such sums as the school-age population of the

State bears to the school-age population of all States, except that no

State shall receive less than an amount equal to 1⁄2 of 1 percent of

such sums.

‘‘(b) RESERVATION.—From the sums appropriated to carry out

this part for each fiscal year, the Secretary shall reserve not more

than 1 percent for payments to the outlying areas, to be allotted in

accordance with their respective needs for assistance under this

part.

‘‘SEC. 5112. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES.

‘‘(a) DISTRIBUTION RULE.—

‘‘(1) ALLOCATION OF BASE AMOUNTS.—From the amount

made available to a State educational agency under this part

for a fiscal year, the State educational agency shall distribute,

to local educational agencies within the State, an amount that

is not less than 85 percent of the amount made available to the

State educational agency under this part for fiscal year 2002,

according to the relative enrollments in public and in private

nonprofit schools within the jurisdictions of such local educational agencies, adjusted, in accordance with criteria approved by the Secretary, to provide higher per-pupil allocations

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to local educational agencies that have the greatest numbers or

percentages of children whose education imposes a higher-thanaverage cost per child, such as— ‘‘(A) children living in areas with high concentrations

of economically disadvantaged families; ‘‘(B) children from economically disadvantaged families; and ‘‘(C) children living in sparsely populated areas. ‘‘(2) ALLOCATION OF INCREASED AMOUNTS.—From the

amount made available to a State educational agency under

this part for a fiscal year that exceeds the amount made available to the agency under this part for fiscal year 2002, the State

educational agency shall distribute 100 percent (or, in the case

of a State educational agency receiving a minimum allotment

under section 5111(a), not less than 50 percent, notwithstanding subsection (b)) to local educational agencies within the

State, on the same basis as the State educational agency distributes amounts under paragraph (1).

‘‘(b) LIMITATIONS AND REQUIREMENTS.—Not more than 15 percent of funds made available under section 5111 for State programs

under this part for any fiscal year may be used for State administration under section 5121. ‘‘(c) CALCULATION OF ENROLLMENTS.— ‘‘(1) IN GENERAL.—The calculation of relative enrollments

under subsection (a)(1) shall be on the basis of the total of— ‘‘(A) the number of children enrolled in public schools;

and ‘‘(B) the number of children enrolled in private nonprofit schools that participated in programs assisted under

this part, for the fiscal year preceding the fiscal year for

which the determination is made.

‘‘(2) RULE OF CONSTRUCTION.—Nothing in this subsection

shall diminish the responsibility of each local educational agency to contact, on an annual basis, appropriate officials from private nonprofit schools within the areas served by such agencies

in order to determine whether such schools desire that their

children participate in programs assisted under this part. ‘‘(3) ADJUSTMENTS.— ‘‘(A) STATE CRITERIA.—Relative enrollments calculated

under subsection (a)(1) shall be adjusted, in accordance

with criteria approved by the Secretary under subparagraph (B), to provide higher per-pupil allocations only to

local educational agencies that serve the greatest numbers

or percentages of— ‘‘(i) children living in areas with high concentrations of economically disadvantaged families; ‘‘(ii) children from economically disadvantaged

families; or ‘‘(iii) children living in sparsely populated areas. ‘‘(B) REVIEW OF CRITERIA.—The Secretary shall review

criteria submitted by a State educational agency for adjusting allocations under paragraph (1) and shall approve such

criteria only if the Secretary determines that such criteria

are reasonably calculated to produce an adjusted allocation

that reflects the relative needs of the State’s local eduVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00364 Fmt 6659 Sfmt 6603 E:\HR\OC\A334HR.146 pfrm07 PsN: A334HR
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cational agencies based on the factors set forth in subparagraph (A). ‘‘(d) PAYMENT OF ALLOCATIONS.— ‘‘(1) DISTRIBUTION.—From the funds paid to a State educational agency under this subpart for a fiscal year, the State

educational agency shall distribute to each eligible local educational agency that has submitted an application as required

by section 5133 the amount of such local educational agency’s

allocation, as determined under subsection (a). ‘‘(2) ADDITIONAL FUNDS.— ‘‘(A) USE.—Additional funds resulting from higher perpupil allocations provided to a local educational agency on

the basis of adjusted enrollments of children described in

subsection (a)(1) may, in the discretion of the local educational agency, be allocated for expenditures to provide

services for children enrolled in public schools and private

nonprofit schools in direct proportion to the number of children described in subsection (a)(1) and enrolled in such

schools within the area served by the local educational

agency. ‘‘(B) ALLOCATION.—In any fiscal year, any local educational agency that elects to allocate such additional funds

in the manner described in subparagraph (A) shall allocate

all additional funds to schools within the area served by

the local educational agency in such manner. ‘‘(C) RULE OF CONSTRUCTION.—Subparagraphs (A) and

(B) may not be construed to require any school to limit the

use of the additional funds described in subparagraph (A)

to the provision of services to specific students or categories

of students.

‘‘Subpart 2—State Programs

‘‘SEC. 5121. STATE USES OF FUNDS.

‘‘A State educational agency may use funds made available for

State use under section 5112(b) only for one or more of the following: ‘‘(1) State administration of programs under this part,

including—

‘‘(A) allocating funds to local educational agencies;

‘‘(B) planning, supervising, and processing State educational agency funds; and ‘‘(C) monitoring and evaluating programs under this

part.

‘‘(2) Support for the planning, design, and initial implementation of charter schools as described in part B. ‘‘(3) Statewide education reform, school improvement programs and technical assistance and direct grants to local educational agencies, which assist such agencies under section

5131.‘‘(4) Support for the design and implementation of highquality yearly student assessments. ‘‘(5) Support for implementation of challenging State and

local academic achievement standards. ‘‘(6) Support for arrangements that provide for independent

analysis to measure and report on school district achievement.

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‘‘(7) Support for the program described in section 321 of the

Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2001 (as enacted into law by section 1(a)(1) of Public Law 106–554).

‘‘(8) Support for programs to assist in the implementation

of the policy described in section 9507 which may include payment of reasonable transportation costs and tuition costs for

such students.

‘‘SEC. 5122. STATE APPLICATIONS.

‘‘(a) APPLICATION REQUIREMENTS.—Any State that desires to receive assistance under this part shall submit to the Secretary an application that includes each of the following:

‘‘(1) Designation of the State educational agency as the

State agency responsible for administration and supervision of

programs assisted under this part.

‘‘(2) Provision for an annual statewide summary of how assistance under this part is contributing toward improving student academic achievement or improving the quality of education for students.

‘‘(3) Information setting forth the allocation of funds required to implement section 5142.

‘‘(4) A provision that the State educational agency will keep

such records, and provide such information to the Secretary, as

may be required for fiscal audit and program evaluation (consistent with the responsibilities of the Secretary under this section).

‘‘(5) An assurance that, apart from providing technical and

advisory assistance and monitoring compliance with this part,

the State educational agency has not exercised, and will not exercise, any influence in the decisionmaking processes of local

educational agencies as to the expenditure made pursuant to an

application submitted under section 5133.

‘‘(6) An assurance that there is compliance with the specific

requirements of this part.

‘‘(7) Provision for timely public notice and public dissemination of the information provided under paragraph (3).

‘‘(b) STATEWIDE SUMMARY.—The statewide summary referred to

in subsection (a)(2) shall be submitted annually to the Secretary

and shall be derived from the evaluation information submitted by

local educational agencies to the State educational agency under

section 5133(b)(8). The State educational agency shall determine the

format and content of such summary and may include in the summary statistical measures, such as the number of students served by

each type of innovative assistance program described in section 5131

and the number of teachers trained.

‘‘(c) PERIOD OF APPLICATION.—An application submitted by the

State educational agency under subsection (a) shall be for a period

not to exceed 3 years. The agency may amend the application annually, as may be necessary to reflect changes, without filing a new application.

‘‘(d) AUDIT RULE.—A local educational agency that receives less

than an average of $10,000 under this part for any 3 consecutive

fiscal years shall not be audited more frequently than once every 5

years.

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‘‘Subpart 3—Local Innovative Education Programs

‘‘SEC. 5131. LOCAL USES OF FUNDS.

‘‘(a) INNOVATIVE ASSISTANCE PROGRAMS.—Funds made available to local educational agencies under section 5112 shall be used

for innovative assistance programs, which may include any of the

following:

‘‘(1) Programs to recruit, train, and hire highly qualified

teachers to reduce class size, especially in the early grades, and

professional development activities carried out in accordance

with title II, that give teachers, principals, and administrators

the knowledge and skills to provide students with the opportunity to meet challenging State or local academic content

standards and student academic achievement standards.

‘‘(2) Technology activities related to the implementation of

school-based reform efforts, including professional development

to assist teachers and other school personnel (including school

library media personnel) regarding how to use technology effectively in the classrooms and the school library media centers involved.

‘‘(3) Programs for the development or acquisition and use

of instructional and educational materials, including library

services and materials (including media materials), academic

assessments, reference materials, computer software and hardware for instructional use, and other curricular materials that

are tied to high academic standards, that will be used to improve student academic achievement, and that are part of an

overall education reform program.

‘‘(4) Promising education reform projects, including magnet

schools.

‘‘(5) Programs to improve the academic achievement of educationally disadvantaged elementary school and secondary

school students, including activities to prevent students from

dropping out of school.

‘‘(6) Programs to improve the literacy skills of adults, especially the parents of children served by the local educational

agency, including adult education and family literacy programs.

‘‘(7) Programs to provide for the educational needs of gifted

and talented children.

‘‘(8) The planning, design, and initial implementation of

charter schools as described in part B.

‘‘(9) School improvement programs or activities under sections 1116 and 1117.

‘‘(10) Community service programs that use qualified school

personnel to train and mobilize young people to measurably

strengthen their communities through nonviolence, responsibility, compassion, respect, and moral courage.

‘‘(11) Activities to promote consumer, economic, and personal finance education, such as disseminating information on

and encouraging use of the best practices for teaching the basic

principles of economics and promoting the concept of achieving

financial literacy through the teaching of personal financial

management skills (including the basic principles involved with

earning, spending, saving, and investing).

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‘‘(12) Activities to promote, implement, or expand public

school choice.

‘‘(13) Programs to hire and support school nurses.

‘‘(14) Expansion and improvement of school-based mental

health services, including early identification of drug use and

violence, assessment, and direct individual or group counseling

services provided to students, parents, and school personnel by

qualified school-based mental health services personnel.

‘‘(15) Alternative educational programs for those students

who have been expelled or suspended from their regular educational setting, including programs to assist students to reenter the regular educational setting upon return from treatment

or alternative educational programs.

‘‘(16) Programs to establish or enhance prekindergarten

programs for children.

‘‘(17) Academic intervention programs that are operated

jointly with community-based organizations and that support

academic enrichment, and counseling programs conducted during the school day (including during extended school day or extended school year programs), for students most at risk of not

meeting challenging State academic achievement standards or

not completing secondary school.

‘‘(18) Programs for cardiopulmonary resuscitation (CPR)

training in schools.

‘‘(19) Programs to establish smaller learning communities.

‘‘(20) Activities that encourage and expand improvements

throughout the area served by the local educational agency that

are designed to advance student academic achievement.

‘‘(21) Initiatives to generate, maintain, and strengthen parental and community involvement.

‘‘(22) Programs and activities that expand learning opportunities through best-practice models designed to improve classroom learning and teaching.

‘‘(23) Programs to provide same-gender schools and classrooms (consistent with applicable law).

‘‘(24) Service learning activities.

‘‘(25) School safety programs, including programs to implement the policy described in section 9507 and which may include payment of reasonable transportation costs and tuition

costs for such students.

‘‘(26) Programs that employ research-based cognitive and

perceptual development approaches and rely on a diagnosticprescriptive model to improve students’ learning of academic

content at the preschool, elementary, and secondary levels.

‘‘(27) Supplemental educational services, as defined in section 1116(e).

‘‘(b) REQUIREMENTS.—The innovative assistance programs described in subsection (a) shall be—

‘‘(1) tied to promoting challenging academic achievement

standards;

‘‘(2) used to improve student academic achievement; and

‘‘(3) part of an overall education reform strategy.

‘‘(c) GUIDELINES.—Not later than 120 days after the date of enactment of the No Child Left Behind Act of 2001, the Secretary shall

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issue guidelines for local educational agencies seeking funding for

programs described in subsection (a)(23).

‘‘SEC. 5132. ADMINISTRATIVE AUTHORITY.

‘‘In order to conduct the programs authorized by this part, each

State educational agency or local educational agency may use funds

made available under this part to make grants to, and to enter into

contracts with, local educational agencies, institutions of higher

education, libraries, museums, and other public and private nonprofit agencies, organizations, and institutions.

‘‘SEC. 5133. LOCAL APPLICATIONS.

‘‘(a) SUBMISSION OF APPLICATION.—A local educational agency

may receive an allocation of funds under this part for any year for

which the agency submits an application under this section that the

State educational agency certifies under subsection (b).

‘‘(b) CERTIFICATION AND CONTENTS OF APPLICATION.—The State

educational agency shall certify each application submitted under

subsection (a) that includes each of the following:

‘‘(1) A description of locally identified needs relative to the

purposes of this part and to the innovative assistance programs

described in section 5131.

‘‘(2) A statement that sets forth the planned allocation of

funds, based on the needs identified in subparagraph (A),

among innovative assistance programs described in section

5131, a description of the programs that the local educational

agency intends to support, and a description of the reasons for

the selection of such programs.

‘‘(3) Information setting forth the allocation of such funds

required to implement section 5142.

‘‘(4) A description of how assistance under this part will

contribute to improving student academic achievement or improving the quality of education for students.

‘‘(5) An assurance that the local educational agency will

comply with this part, including the provisions of section 5142

concerning the participation of children enrolled in private nonprofit schools.

‘‘(6) An assurance that the local educational agency will

keep such records, and provide such information to the State

educational agency, as may be reasonably required for fiscal

audit and program evaluation (consistent with the responsibilities of the State educational agency under this part).

‘‘(7) Provision, in the allocation of funds for the assistance

authorized by this part and in the planning, design, and implementation of such innovative assistance programs, for systematic consultation with parents of children attending elementary

schools and secondary schools in the area served by the local

educational agency, with teachers and administrative personnel

in such schools, and with such other groups involved in the implementation of this part (such as librarians, school counselors,

and other pupil services personnel) as may be considered appropriate by the local educational agency.

‘‘(8) An assurance that—

‘‘(A) programs carried out under this part will be evaluated annually;

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‘‘(B) the evaluation will be used to make decisions

about appropriate changes in programs for the subsequent

year;‘‘(C) the evaluation will describe how assistance under

this part affected student academic achievement and will

include, at a minimum, information and data on the use

of funds, the types of services furnished, and the students

served under this part; and ‘‘(D) the evaluation will be submitted to the State educational agency at the time and in the manner requested by

the State educational agency.

‘‘(9) If the local educational agency seeks funds under section 5131(a)(23), a description of how the agency will comply

with the guidelines issued by the Secretary regarding same-gender schools and classrooms under section 5131(c).

‘‘(b) PERIOD OF APPLICATION.—An application submitted by a

local educational agency under subsection (a) may seek allocations

under this part for a period not to exceed 3 fiscal years. The agency

may amend the application annually, as may be necessary to reflect

changes, without the filing of a new application. ‘‘(c) LOCAL EDUCATIONAL AGENCY DISCRETION.— ‘‘(1) IN GENERAL.—Subject to the limitations and requirements of this part, a local educational agency shall have complete discretion in determining how funds made available to

carry out this subpart will be divided among programs described in section 5131. ‘‘(2) LIMITATION.—In exercising the discretion described in

paragraph (1), a local educational agency shall ensure that expenditures under this subpart carry out the purposes of this

part and are used to meet the educational needs within the

schools served by the local educational agency.

‘‘Subpart 4—General Provisions

‘‘SEC. 5141. MAINTENANCE OF EFFORT.

‘‘(a) IN GENERAL.—Except as provided in subsection (b), a State

educational agency is entitled to receive its full allotment of funds

under this part for any fiscal year only if the Secretary determines

that either the combined fiscal effort per student or the aggregate expenditures within the State, with respect to the provision of free

public education for the fiscal year preceding the fiscal year for

which the determination is made, was not less than 90 percent of

such combined fiscal effort or aggregate expenditures for the second

fiscal year preceding the fiscal year for which the determination is

made. ‘‘(b) REDUCTION OF FUNDS.—The Secretary shall reduce the

amount of the allotment of funds under this part in any fiscal year

in the exact proportion by which the State educational agency fails

to meet the requirements of subsection (a) by falling below 90 percent of the fiscal effort per student or aggregate expenditures (using

the measure most favorable to the State educational agency), and no

such lesser amount shall be used for computing the effort or expenditures required under paragraph (1) for subsequent years. ‘‘(c) WAIVER.—The Secretary may waive, for 1 fiscal year only,

the requirements of this section, if the Secretary determines that

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lable circumstances, such as a natural disaster or a precipitous and

unforeseen decline in the financial resources of the State educational agency.

‘‘SEC. 5142. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE

SCHOOLS.

‘‘(a) PARTICIPATION ON EQUITABLE BASIS.— ‘‘(1) IN GENERAL.—To the extent consistent with the number

of children in the school district of a local educational agency

that is eligible to receive funds under this part, or that serves

the area in which a program assisted under this part is located,

who are enrolled in private nonprofit elementary schools and

secondary schools, or, with respect to instructional or personnel

training programs funded by the State educational agency from

funds made available for State educational agency use, the

local educational agency, after consultation with appropriate

private school officials— ‘‘(A) shall provide, as may be necessary, for the benefit

of such children in such schools— ‘‘(i) secular, neutral, and nonideological services,

materials, and equipment, including the participation

of the teachers of such children (and other educational

personnel serving such children) in training programs;

and ‘‘(ii) the repair, minor remodeling, or construction

of public facilities (consistent with subsection (c)); or

‘‘(B) if such services, materials, and equipment are not

feasible or necessary in one or more such private schools,

as determined by the local educational agency after consultation with the appropriate private school officials, shall

provide such other arrangements as will assure equitable

participation of such children in the purposes and benefits

of this part.

‘‘(2) OTHER PROVISIONS FOR SERVICES.—If no program is

carried out under paragraph (1) in the school district of a local

educational agency, the State educational agency shall make

arrangements, such as through contracts with nonprofit agencies or organizations, under which children in private schools

in the district are provided with services and materials to the

same extent as would have occurred if the local educational

agency had received funds under this part.

‘‘(3) APPLICATION OF REQUIREMENTS.—The requirements of

this section relating to the participation of children, teachers,

and other personnel serving such children shall apply to programs carried out under this part by a State educational agency or local educational agency, whether directly or through

grants to, or contracts with, other public or private agencies, institutions, or organizations.

‘‘(b) EQUAL EXPENDITURES.—

‘‘(1) IN GENERAL.—Expenditures for programs under subsection (a) shall be equal (consistent with the number of children to be served) to expenditures for programs under this part

for children enrolled in the public schools of the local educational agency.

‘‘(2) CONCENTRATED PROGRAMS.—Taking into account the

needs of the individual children and other factors that relate to

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the expenditures referred to in paragraph (1), and when funds

available to a local educational agency under this part are used

to concentrate programs on a particular group, attendance area,

or grade or age level, children enrolled in private schools who

are included within the group, attendance area, or grade or age

level selected for such concentration shall, after consultation

with the appropriate private school officials, be assured equitable participation in the purposes and benefits of such programs.

‘‘(c) ADMINISTRATIVE REQUIREMENTS.— ‘‘(1) FUNDS AND PROPERTY.—The control of funds provided

under this part, and title to materials, equipment, and property

repaired, remodeled, or constructed with such funds, shall be in

a public agency for the uses and purposes provided in this part,

and a public agency shall administer such funds and property. ‘‘(2) PROVISION OF SERVICES.—Services provided under this

part shall be provided by employees of a public agency or

through contract by such a public agency with a person, association, agency, or corporation that, in the provision of such

services, is independent of the private school and of any religious organizations, and such employment or contract shall be

under the control and supervision of such a public agency. The

funds provided under this part shall not be commingled with

State or local funds.

‘‘(d) WAIVER.— ‘‘(1) STATE PROHIBITION.—If a State educational agency or

local educational agency is prohibited, by reason of any provision of law, from providing for the participation in programs of

children enrolled in private elementary schools and secondary

schools as required by subsections (a) through (c), the Secretary

shall waive such requirements for the agency involved and shall

arrange for the provision of services to such children through

arrangements that shall be subject to the requirements of this

section.

‘‘(2) FAILURE TO COMPLY.—If the Secretary determines that

a State educational agency or a local educational agency has

substantially failed, or is unwilling, to provide for the participation on an equitable basis of children enrolled in private elementary schools and secondary schools as required by subsections (a) through (c), the Secretary may waive such requirements and shall arrange for the provision of services to such

children through arrangements that shall be subject to the requirements of this section.

‘‘(e) WITHHOLDING OF ALLOTMENT OR ALLOCATION.—Pending

final resolution of any investigation or complaint that could result

in a waiver under subsection (d)(1) or (d)(2), the Secretary may

withhold from the allotment or allocation of the affected State educational agency or local educational agency the amount estimated

by the Secretary to be necessary to pay the cost of services to be provided by the Secretary under such subsection. ‘‘(f) DURATION OF DETERMINATION.—Any determination by the

Secretary under this section shall continue in effect until the Secretary determines that there will no longer be any failure or inability on the part of the State educational agency or local educational

agency to meet the requirements of subsections (a) through (c).

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‘‘(g) PAYMENT FROM STATE ALLOTMENT.—When the Secretary

arranges for services under subsection (d), the Secretary shall, after

consultation with the appropriate public school and private school

officials, pay the cost of such services, including the administrative

costs of arranging for those services, from the appropriate allotment

of the State educational agency under this part. ‘‘(h) REVIEW OF DETERMINATION.— ‘‘(1) WRITTEN OBJECTIONS.—The Secretary shall not take

any final action under this section until the State educational

agency and the local educational agency affected by such action

have had an opportunity, for not less than 45 days after receiving written notice thereof, to submit written objections and to

appear before the Secretary or the Secretary’s designee to show

cause why that action should not be taken. ‘‘(2) COURT ACTION.—If a State educational agency or local

educational agency is dissatisfied with the Secretary’s final action after a proceeding under paragraph (1), such agency may,

not later than 60 days after notice of such action, file with the

United States court of appeals for the circuit in which such

State is located a petition for review of that action. A copy of

the petition shall be transmitted by the clerk of the court to the

Secretary. The Secretary thereupon shall file in the court the

record of the proceedings on which the Secretary based the action, as provided in section 2112 of title 28, United States Code. ‘‘(3) REMAND TO SECRETARY.—The findings of fact by the

Secretary with respect to a proceeding under paragraph (1), if

supported by substantial evidence, shall be conclusive. The

court, for good cause shown, may remand the case to the Secretary to take further evidence and the Secretary may make new

or modified findings of fact and may modify the Secretary’s previous action, and shall file in the court the record of the further

proceedings. Such new or modified findings of fact shall likewise be conclusive, if supported by substantial evidence. ‘‘(4) COURT REVIEW.—Upon the filing of a petition under

paragraph (2), the court shall have jurisdiction to affirm the action of the Secretary or to set such action aside, in whole or in

part. The judgment of the court shall be subject to review by the

Supreme Court upon certiorari or certification, as provided in

section 1254 of title 28, United States Code.

‘‘(i) PRIOR DETERMINATION.—Any bypass determination by the

Secretary under title VI (as such title was in effect on the day preceding the date of enactment of the No Child Left Behind Act of

2001) shall, to the extent consistent with the purposes of this part,

apply to programs under this part.

‘‘SEC. 5143. FEDERAL ADMINISTRATION.

‘‘(a) TECHNICAL ASSISTANCE.—The Secretary, upon request,

shall provide technical assistance to State educational agencies and

local educational agencies under this part.

‘‘(b) RULEMAKING.—The Secretary shall issue regulations under

this part only to the extent that such regulations are necessary to

ensure that there is compliance with the specific requirements and

assurances required by this part.

‘‘(c) AVAILABILITY OF APPROPRIATIONS.—Notwithstanding any

other provision of law, unless expressly in limitation of this subsection, funds appropriated in any fiscal year to carry out programs

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under this part shall become available for obligation on July 1 of

such fiscal year and shall remain available for obligation until the

end of the subsequent fiscal year.

‘‘SEC. 5144. SUPPLEMENT, NOT SUPPLANT.

‘‘Funds made available under this part shall be used to supplement, and not supplant, any other Federal, State, or local education

funds.

‘‘SEC. 5145. DEFINITIONS.

‘‘In this part:

‘‘(1) LOCAL EDUCATIONAL AGENCY.—The term ‘local educational agency’ means a local educational agency or a consortium of such agencies. ‘‘(2) PUBLIC SCHOOL.—The term ‘public school’ means a

public elementary school or a public secondary school. ‘‘(3) SCHOOL-AGE POPULATION.—The term ‘school-age population’ means the population aged 5 through 17.

‘‘(4) STATE.—The term ‘State’ means each of the 50 States,

the District of Columbia, and the Commonwealth of Puerto

Rico.

‘‘SEC. 5146. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated to carry out this

part—

‘‘(1) $450,000,000 for fiscal year 2002;

‘‘(2) $475,000,000 for fiscal year 2003;

‘‘(3) $500,000,000 for fiscal year 2004;

‘‘(4) $525,000,000 for fiscal year 2005;

‘‘(5) $550,000,000 for fiscal year 2006; and

‘‘(6) $600,000,000 for fiscal year 2007.

‘‘PART B—PUBLIC CHARTER SCHOOLS

‘‘Subpart 1—Charter School Programs

‘‘SEC. 5201. PURPOSE.

‘‘It is the purpose of this subpart to increase national understanding of the charter schools model by—

‘‘(1) providing financial assistance for the planning, program design, and initial implementation of charter schools;

‘‘(2) evaluating the effects of such schools, including the effects on students, student academic achievement, staff, and parents;

‘‘(3) expanding the number of high-quality charter schools

available to students across the Nation; and

‘‘(4) encouraging the States to provide support to charter

schools for facilities financing in an amount more nearly commensurate to the amount the States have typically provided for

traditional public schools.

‘‘SEC. 5202. PROGRAM AUTHORIZED.

‘‘(a) IN GENERAL.—The Secretary may award grants to State

educational agencies having applications approved pursuant to section 5203 to enable such agencies to conduct a charter school grant

program in accordance with this subpart.

‘‘(b) SPECIAL RULE.—If a State educational agency elects not to

participate in the program authorized by this subpart or does not

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have an application approved under section 5203, the Secretary may

award a grant to an eligible applicant that serves such State and

has an application approved pursuant to section 5203(c). ‘‘(c) PROGRAM PERIODS.— ‘‘(1) GRANTS TO STATES.—Grants awarded to State educational agencies under this subpart shall be for a period of not

more than 3 years. ‘‘(2) GRANTS TO ELIGIBLE APPLICANTS.—Grants awarded by

the Secretary to eligible applicants or subgrants awarded by

State educational agencies to eligible applicants under this subpart shall be for a period of not more than 3 years, of which

the eligible applicant may use— ‘‘(A) not more than 18 months for planning and program design; ‘‘(B) not more than 2 years for the initial implementation of a charter school; and ‘‘(C) not more than 2 years to carry out dissemination

activities described in section 5204(f)(6)(B). ‘‘(d) LIMITATION.—A charter school may not receive— ‘‘(1) more than 1 grant for activities described in subparagraphs (A) and (B) of subsection (c)(2); or ‘‘(2) more than 1 grant for activities under subparagraph

(C) of subsection (c)(2).

‘‘(e) PRIORITY TREATMENT.— ‘‘(1) IN GENERAL.—In awarding grants under this subpart

for fiscal year 2002 or any succeeding fiscal year from any

funds appropriated under section 5211 (other than funds reserved to carry out section 5205(b)), the Secretary shall give priority to States to the extent that the States meet the criteria described in paragraph (2) and 1 or more of the criteria described

in subparagraph (A), (B), or (C) of paragraph (3). ‘‘(2) REVIEW AND EVALUATION PRIORITY CRITERIA.—The criteria referred to in paragraph (1) are that the State provides for

periodic review and evaluation by the authorized public chartering agency of each charter school, at least once every 5 years

unless required more frequently by State law, to determine

whether the charter school is meeting the terms of the school’s

charter, and is meeting or exceeding the student academic

achievement requirements and goals for charter schools as set

forth under State law or the school’s charter. ‘‘(3) PRIORITY CRITERIA.—The criteria referred to in paragraph (1) are the following:

‘‘(A) The State has demonstrated progress, in increasing the number of high-quality charter schools that are

held accountable in the terms of the schools’ charters for

meeting clear and measurable objectives for the educational

progress of the students attending the schools, in the period

prior to the period for which a State educational agency or

eligible applicant applies for a grant under this subpart. ‘‘(B) The State— ‘‘(i) provides for 1 authorized public chartering

agency that is not a local educational agency, such as

a State chartering board, for each individual or entity

seeking to operate a charter school pursuant to such

State law; or

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‘‘(ii) in the case of a State in which local educational agencies are the only authorized public chartering agencies, allows for an appeals process for the

denial of an application for a charter school.

‘‘(C) The State ensures that each charter school has a

high degree of autonomy over the charter school’s budgets

and expenditures.

‘‘(f) AMOUNT CRITERIA.—In determining the amount of a grant

to be awarded under this subpart to a State educational agency, the

Secretary shall take into consideration the number of charter

schools that are operating, or are approved to open, in the State.

‘‘SEC. 5203. APPLICATIONS.

‘‘(a) APPLICATIONS FROM STATE AGENCIES.—Each State educational agency desiring a grant from the Secretary under this subpart shall submit to the Secretary an application at such time, in

such manner, and containing or accompanied by such information

as the Secretary may require.

‘‘(b) CONTENTS OF A STATE EDUCATIONAL AGENCY APPLICATION.—Each application submitted pursuant to subsection (a)

shall—

‘‘(1) describe the objectives of the State educational agency’s

charter school grant program and a description of how such objectives will be fulfilled, including steps taken by the State educational agency to inform teachers, parents, and communities of

the State educational agency’s charter school grant program;

and

‘‘(2) describe how the State educational agency—

‘‘(A) will inform each charter school in the State

regarding—

‘‘(i) Federal funds that the charter school is eligible

to receive; and

‘‘(ii) Federal programs in which the charter school

may participate;

‘‘(B) will ensure that each charter school in the State

receives the charter school’s commensurate share of Federal

education funds that are allocated by formula each year,

including during the first year of operation of the charter

school; and

‘‘(C) will disseminate best or promising practices of

charter schools to each local educational agency in the

State; and

‘‘(3) contain assurances that the State educational agency

will require each eligible applicant desiring to receive a

subgrant to submit an application to the State educational

agency containing—

‘‘(A) a description of the educational program to be implemented by the proposed charter school, including—

‘‘(i) how the program will enable all students to

meet challenging State student academic achievement

standards;

‘‘(ii) the grade levels or ages of children to be

served; and

‘‘(iii) the curriculum and instructional practices to

be used;

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‘‘(B) a description of how the charter school will be

managed;

‘‘(C) a description of—

‘‘(i) the objectives of the charter school; and

‘‘(ii) the methods by which the charter school will

determine its progress toward achieving those objectives;

‘‘(D) a description of the administrative relationship between the charter school and the authorized public chartering agency;

‘‘(E) a description of how parents and other members

of the community will be involved in the planning, program

design, and implementation of the charter school;

‘‘(F) a description of how the authorized public chartering agency will provide for continued operation of the

school once the Federal grant has expired, if such agency

determines that the school has met the objectives described

in subparagraph (C)(i);

‘‘(G) a request and justification for waivers of any Federal statutory or regulatory provisions that the eligible applicant believes are necessary for the successful operation of

the charter school, and a description of any State or local

rules, generally applicable to public schools, that will be

waived for, or otherwise not apply to, the school;

‘‘(H) a description of how the subgrant funds or grant

funds, as appropriate, will be used, including a description

of how such funds will be used in conjunction with other

Federal programs administered by the Secretary;

‘‘(I) a description of how students in the community

will be—

‘‘(i) informed about the charter school; and

‘‘(ii) given an equal opportunity to attend the charter school;

‘‘(J) an assurance that the eligible applicant will annually provide the Secretary and the State educational agency

such information as may be required to determine if the

charter school is making satisfactory progress toward

achieving the objectives described in subparagraph (C)(i);

‘‘(K) an assurance that the eligible applicant will cooperate with the Secretary and the State educational agency in evaluating the program assisted under this subpart;

‘‘(L) a description of how a charter school that is considered a local educational agency under State law, or a

local educational agency in which a charter school is located, will comply with sections 613(a)(5) and 613(e)(1)(B)

of the Individuals with Disabilities Education Act;

‘‘(M) if the eligible applicant desires to use subgrant

funds for dissemination activities under section

5202(c)(2)(C), a description of those activities and how

those activities will involve charter schools and other public

schools, local educational agencies, developers, and potential developers; and

‘‘(N) such other information and assurances as the Secretary and the State educational agency may require.

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‘‘(c) ELIGIBLE APPLICANT APPLICATION.—Each eligible applicant

desiring a grant pursuant to section 5202(b) shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require.

‘‘(d) CONTENTS OF ELIGIBLE APPLICANT APPLICATION.—Each

application submitted pursuant to subsection (c) shall contain—

‘‘(1) the information and assurances described in subparagraphs (A) through (N) of subsection (b)(3), except that for purposes of this subsection subparagraphs (J), (K), and (N) of such

subsection shall be applied by striking ‘and the State educational agency’ each place such term appears;

‘‘(2) assurances that the State educational agency—

‘‘(A) will grant, or will obtain, waivers of State statutory or regulatory requirements; and

‘‘(B) will assist each subgrantee in the State in receiving a waiver under section 5204(e); and

‘‘(3) assurances that the eligible applicant has provided its

authorized public chartering authority timely notice, and a

copy, of the application, except that the State educational agency (or the Secretary, in the case of an application submitted to

the Secretary) may waive the requirement of this paragraph in

the case of an application for a precharter planning grant or

subgrant if the authorized public chartering authority to which

a charter school proposal will be submitted has not been determined at the time the grant or subgrant application is submitted.

‘‘SEC. 5204. ADMINISTRATION.

‘‘(a) SELECTION CRITERIA FOR STATE EDUCATIONAL AGENCIES.—The Secretary shall award grants to State educational agencies under this subpart on the basis of the quality of the applications submitted under section 5203(b), after taking into consideration such factors as—

‘‘(1) the contribution that the charter schools grant program

will make to assisting educationally disadvantaged and other

students in meeting State academic content standards and

State student academic achievement standards;

‘‘(2) the degree of flexibility afforded by the State educational agency to charter schools under the State’s charter

schools law;

‘‘(3) the ambitiousness of the objectives for the State charter

school grant program;

‘‘(4) the quality of the strategy for assessing achievement of

those objectives;

‘‘(5) the likelihood that the charter school grant program

will meet those objectives and improve educational results for

students;

‘‘(6) the number of high-quality charter schools created

under this subpart in the State; and

‘‘(7) in the case of State educational agencies that propose

to use grant funds to support dissemination activities under

subsection (f)(6)(B), the quality of those activities and the likelihood that those activities will improve student academic

achievement.

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‘‘(b) SELECTION CRITERIA FOR ELIGIBLE APPLICANTS.—The Secretary shall award grants to eligible applicants under this subpart

on the basis of the quality of the applications submitted under section 5203(c), after taking into consideration such factors as— ‘‘(1) the quality of the proposed curriculum and instructional practices; ‘‘(2) the degree of flexibility afforded by the State educational agency and, if applicable, the local educational agency

to the charter school; ‘‘(3) the extent of community support for the application;

‘‘(4) the ambitiousness of the objectives for the charter

school; ‘‘(5) the quality of the strategy for assessing achievement of

those objectives; ‘‘(6) the likelihood that the charter school will meet those

objectives and improve educational results for students; and ‘‘(7) in the case of an eligible applicant that proposes to use

grant funds to support dissemination activities under subsection (f)(6)(B), the quality of those activities and the likelihood

that those activities will improve student achievement.

‘‘(c) PEER REVIEW.—The Secretary, and each State educational

agency receiving a grant under this subpart, shall use a peer review

process to review applications for assistance under this subpart. ‘‘(d) DIVERSITY OF PROJECTS.—The Secretary and each State

educational agency receiving a grant under this subpart, shall

award grants and subgrants under this subpart in a manner that,

to the extent possible, ensures that such grants and subgrants— ‘‘(1) are distributed throughout different areas of the Nation

and each State, including urban and rural areas; and ‘‘(2) will assist charter schools representing a variety of

educational approaches, such as approaches designed to reduce

school size.

‘‘(e) WAIVERS.—The Secretary may waive any statutory or regulatory requirement over which the Secretary exercises administrative

authority except any such requirement relating to the elements of a

charter school described in section 5210(1), if—

‘‘(1) the waiver is requested in an approved application

under this subpart; and

‘‘(2) the Secretary determines that granting such a waiver

will promote the purpose of this subpart.

‘‘(f) USE OF FUNDS.—

‘‘(1) STATE EDUCATIONAL AGENCIES.—Each State educational agency receiving a grant under this subpart shall use

such grant funds to award subgrants to 1 or more eligible applicants in the State to enable such applicant to plan and implement a charter school in accordance with this subpart, except

that the State educational agency may reserve not more than 10

percent of the grant funds to support dissemination activities

described in paragraph (6). ‘‘(2) ELIGIBLE APPLICANTS.—Each eligible applicant receiving funds from the Secretary or a State educational agency

shall use such funds to plan and implement a charter school,

or to disseminate information about the charter school and successful practices in the charter school, in accordance with this

subpart.

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‘‘(3) ALLOWABLE ACTIVITIES.—An eligible applicant receiving a grant or subgrant under this subpart may use the grant

or subgrant funds only for— (A) post-award planning and design of the educational

program, which may include— ‘‘(i) refinement of the desired educational results

and of the methods for measuring progress toward

achieving those results; and ‘‘(ii) professional development of teachers and other

staff who will work in the charter school; and

‘‘(B) initial implementation of the charter school, which

may include— ‘‘(i) informing the community about the school;

‘‘(ii) acquiring necessary equipment and educational materials and supplies; ‘‘(iii) acquiring or developing curriculum materials; and ‘‘(iv) other initial operational costs that cannot be

met from State or local sources. ‘‘(4) ADMINISTRATIVE EXPENSES.— ‘‘(A) STATE EDUCATIONAL AGENCY ADMINISTRATIVE EX- PENSES.—Each State educational agency receiving a grant

pursuant to this subpart may reserve not more than 5 percent of such grant funds for administrative expenses associated with the charter school grant program assisted under

this subpart. ‘‘(B) LOCAL ADMINISTRATIVE EXPENSES.—A local educational agency may not deduct funds for administrative

fees or expenses from a subgrant awarded to an eligible applicant, unless the eligible applicant enters voluntarily into

a mutually agreed upon arrangement for administrative

services with the relevant local educational agency. Absent

such approval, the local educational agency shall distribute

all such subgrant funds to the eligible applicant without

delay.

‘‘(5) REVOLVING LOAN FUNDS.—Each State educational

agency receiving a grant pursuant to this subpart may reserve

not more than 10 percent of the grant funds for the establishment of a revolving loan fund. Such fund may be used to make

loans to eligible applicants that have received a subgrant under

this subpart, under such terms as may be determined by the

State educational agency, for the initial operation of the charter

school grant program of the eligible applicant until such time

as the recipient begins receiving ongoing operational support

from State or local financing sources. ‘‘(6) DISSEMINATION.—

‘‘(A) IN GENERAL.—A charter school may apply for

funds under this subpart, whether or not the charter school

has applied for or received funds under this subpart for

planning, program design, or implementation, to carry out

the activities described in subparagraph (B) if the charter

school has been in operation for at least 3 consecutive years

and has demonstrated overall success, including— ‘‘(i) substantial progress in improving student academic achievement;

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‘‘(ii) high levels of parent satisfaction; and

‘‘(iii) the management and leadership necessary to

overcome initial start-up problems and establish a

thriving, financially viable charter school.

‘‘(B) ACTIVITIES.—A charter school described in subparagraph (A) may use funds reserved under paragraph (1)

to assist other schools in adapting the charter school’s program (or certain aspects of the charter school’s program), or

to disseminate information about the charter school,

through such activities as— ‘‘(i) assisting other individuals with the planning

and start-up of 1 or more new public schools, including

charter schools, that are independent of the assisting

charter school and the assisting charter school’s developers, and that agree to be held to at least as high a

level of accountability as the assisting charter school; ‘‘(ii) developing partnerships with other public

schools, including charter schools, designed to improve

student academic achievement in each of the schools

participating in the partnership; ‘‘(iii) developing curriculum materials, assessments, and other materials that promote increased student achievement and are based on successful practices

within the assisting charter school; and ‘‘(iv) conducting evaluations and developing materials that document the successful practices of the assisting charter school and that are designed to improve

student performance in other schools. ‘‘(g) TRIBALLY CONTROLLED SCHOOLS.—Each State that receives

a grant under this subpart and designates a tribally controlled

school as a charter school shall not consider payments to a school

under the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2507)

in determining— ‘‘(1) the eligibility of the school to receive any other Federal,

State, or local aid; or ‘‘(2) the amount of such aid.

‘‘SEC. 5205. NATIONAL ACTIVITIES.

‘‘(a) IN GENERAL.—The Secretary shall reserve for each fiscal year the greater of 5 percent or $5,000,000 of the amount appropriated to carry out this subpart, except that in no fiscal year shall

the total amount so reserved exceed $8,000,000, to carry out the following activities:

‘‘(1) To provide charter schools, either directly or through

State educational agencies, with—

‘‘(A) information regarding—

‘‘(i) Federal funds that charter schools are eligible

to receive; and

‘‘(ii) other Federal programs in which charter

schools may participate; and

‘‘(B) assistance in applying for Federal education funds

that are allocated by formula, including assistance with filing deadlines and submission of applications.

‘‘(2) To provide for other evaluations or studies that include

the evaluation of the impact of charter schools on student academic achievement, including information regarding—

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‘‘(A) students attending charter schools reported on the

basis of race, age, disability, gender, limited English proficiency, and previous enrollment in public school; and ‘‘(B) the professional qualifications of teachers within a

charter school and the turnover of the teaching force.

‘‘(3) To provide— ‘‘(A) information to applicants for assistance under this

subpart; ‘‘(B) assistance to applicants for assistance under this

subpart with the preparation of applications under section

5203;‘‘(C) assistance in the planning and startup of charter

schools; ‘‘(D) training and technical assistance to existing charter schools; and ‘‘(E) for the dissemination to other public schools of

best or promising practices in charter schools.

‘‘(4) To provide (including through the use of 1 or more contracts that use a competitive bidding process) for the collection

of information regarding the financial resources available to

charter schools, including access to private capital, and to widely disseminate to charter schools any such relevant information

and model descriptions of successful programs. ‘‘(5) To carry out evaluations of, technical assistance for,

and information dissemination regarding, the per-pupil facilities aid programs. In carrying out the evaluations, the Secretary may carry out 1 or more evaluations of State programs

assisted under this subsection, which shall, at a minimum,

address—

‘‘(A) how, and the extent to which, the programs promote educational equity and excellence; and ‘‘(B) the extent to which charter schools supported

through the programs are— ‘‘(i) held accountable to the public;

‘‘(ii) effective in improving public education; and

‘‘(iii) open and accessible to all students.

‘‘(b) PER-PUPIL FACILITIES AID PROGRAMS.— ‘‘(1) DEFINITION OF PER-PUPIL FACILITIES AID PROGRAM.—In

this subsection, the term ‘per-pupil facilities aid program’ means a program in which a State makes payments, on a perpupil basis, to charter schools to provide the schools with

financing—

‘‘(A) that is dedicated solely for funding charter school

facilities; or ‘‘(B) a portion of which is dedicated for funding charter

school facilities.

‘‘(2) GRANTS.—

‘‘(A) IN GENERAL.—From the amount made available to

carry out this subsection under paragraphs (2) and (3)(B)

of section 5211(b) for any fiscal year, the Secretary shall

make grants, on a competitive basis, to States to pay for the

Federal share of the cost of establishing or enhancing, and

administering per-pupil facilities aid programs.

‘‘(B) PERIOD.—The Secretary shall award grants under

this subsection for periods of not more than 5 years.

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‘‘(C) FEDERAL SHARE.—The Federal share of the cost

described in subparagraph (A) for a per-pupil facilities aid

program shall be not more than— ‘‘(i) 90 percent of the cost, for the first fiscal year

for which the program receives assistance under this

subsection; ‘‘(ii) 80 percent in the second such year;

‘‘(iii) 60 percent in the third such year;

‘‘(iv) 40 percent in the fourth such year; and

‘‘(v) 20 percent in the fifth such year. ‘‘(3) USE OF FUNDS.— ‘‘(A) IN GENERAL.—A State that receives a grant under

this subsection shall use the funds made available through

the grant to establish or enhance, and administer, a perpupil facilities aid program for charter schools in the State. ‘‘(B) EVALUATIONS; TECHNICAL ASSISTANCE; DISSEMINA- TION.—From the amount made available to a State through

a grant under this subsection for a fiscal year, the State

may reserve not more than 5 percent to carry out evaluations, to provide technical assistance, and to disseminate

information.

‘‘(C) SUPPLEMENT, NOT SUPPLANT.—Funds made available under this subsection shall be used to supplement, and

not supplant, State and local public funds expended to provide per pupil facilities aid programs, operations financing

programs, or other programs, for charter schools.

‘‘(4) REQUIREMENTS.—

‘‘(A) VOLUNTARY PARTICIPATION.—No State may be required to participate in a program carried out under this

subsection.

‘‘(B) STATE LAW.—To be eligible to receive a grant

under this subsection, a State shall establish or enhance,

and administer, a per-pupil facilities aid program for charter schools in the State, that— ‘‘(i) is specified in State law; and

‘‘(ii) provides annual financing, on a per-pupil

basis, for charter school facilities. ‘‘(5) APPLICATIONS.—To be eligible to receive a grant under

this subsection, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ‘‘(6) PRIORITIES.—In making grants under this subsection,

the Secretary shall give priority to States that meet the criteria

described in paragraph (2), and subparagraphs (A), (B), and

(C) of paragraph (3), of section 5202(e).

‘‘(c) RULE OF CONSTRUCTION.—Nothing in this section shall be

construed to require charter schools to collect any data described in

subsection (a).

‘‘SEC. 5206. FEDERAL FORMULA ALLOCATION DURING FIRST YEAR AND

FOR SUCCESSIVE ENROLLMENT EXPANSIONS.

‘‘(a) IN GENERAL.—For purposes of the allocation to schools by

the States or their agencies of funds under part A of title I, and any

other Federal funds which the Secretary allocates to States on a formula basis, the Secretary and each State educational agency shall

take such measures as are necessary to ensure that every charter

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school receives the Federal funding for which the charter school is

eligible not later than 5 months after the charter school first opens,

notwithstanding the fact that the identity and characteristics of the

students enrolling in that charter school are not fully and completely determined until that charter school actually opens. The

measures similarly shall ensure that every charter school expanding

its enrollment in any subsequent year of operation receives the Federal funding for which the charter school is eligible not later than

5 months after such expansion.

‘‘(b) ADJUSTMENT AND LATE OPENINGS.—

‘‘(1) IN GENERAL.—The measures described in subsection (a)

shall include provision for appropriate adjustments, through recovery of funds or reduction of payments for the succeeding

year, in cases where payments made to a charter school on the

basis of estimated or projected enrollment data exceed the

amounts that the school is eligible to receive on the basis of actual or final enrollment data.

‘‘(2) RULE.—For charter schools that first open after November 1 of any academic year, the State, in accordance with

guidance provided by the Secretary and applicable Federal statutes and regulations, shall ensure that such charter schools

that are eligible for the funds described in subsection (a) for

such academic year have a full and fair opportunity to receive

those funds during the charter schools’ first year of operation.

‘‘SEC. 5207. SOLICITATION OF INPUT FROM CHARTER SCHOOL OPERATORS.

‘‘To the extent practicable, the Secretary shall ensure that administrators, teachers, and other individuals directly involved in

the operation of charter schools are consulted in the development of

any rules or regulations required to implement this subpart, as well

as in the development of any rules or regulations relevant to charter

schools that are required to implement part A of title I, the Individuals with Disabilities Education Act, or any other program administered by the Secretary that provides education funds to charter

schools or regulates the activities of charter schools.

‘‘SEC. 5208. RECORDS TRANSFER.

‘‘State educational agencies and local educational agencies, to

the extent practicable, shall ensure that a student’s records and, if

applicable, a student’s individualized education program as defined

in section 602(11) of the Individuals with Disabilities Education

Act, are transferred to a charter school upon the transfer of the student to the charter school, and to another public school upon the

transfer of the student from a charter school to another public

school, in accordance with applicable State law.

‘‘SEC. 5209. PAPERWORK REDUCTION.

‘‘To the extent practicable, the Secretary and each authorized

public chartering agency shall ensure that implementation of this

subpart results in a minimum of paperwork for any eligible applicant or charter school.

‘‘SEC. 5210. DEFINITIONS.

‘‘In this subpart:

‘‘(1) CHARTER SCHOOL.—The term ‘charter school’ means a

public school that—

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‘‘(A) in accordance with a specific State statute authorizing the granting of charters to schools, is exempt from significant State or local rules that inhibit the flexible operation and management of public schools, but not from any

rules relating to the other requirements of this paragraph; ‘‘(B) is created by a developer as a public school, or is

adapted by a developer from an existing public school, and

is operated under public supervision and direction; ‘‘(C) operates in pursuit of a specific set of educational

objectives determined by the school’s developer and agreed

to by the authorized public chartering agency; ‘‘(D) provides a program of elementary or secondary

education, or both; ‘‘(E) is nonsectarian in its programs, admissions policies, employment practices, and all other operations, and is

not affiliated with a sectarian school or religious institution;‘‘(F) does not charge tuition;

‘‘(G) complies with the Age Discrimination Act of 1975,

title VI of the Civil Rights Act of 1964, title IX of the Education Amendments of 1972, section 504 of the Rehabilitation Act of 1973, and part B of the Individuals with Disabilities Education Act; ‘‘(H) is a school to which parents choose to send their

children, and that admits students on the basis of a lottery,

if more students apply for admission than can be accommodated; ‘‘(I) agrees to comply with the same Federal and State

audit requirements as do other elementary schools and secondary schools in the State, unless such requirements are

specifically waived for the purpose of this program; ‘‘(J) meets all applicable Federal, State, and local

health and safety requirements; ‘‘(K) operates in accordance with State law; and

‘‘(L) has a written performance contract with the authorized public chartering agency in the State that includes

a description of how student performance will be measured

in charter schools pursuant to State assessments that are

required of other schools and pursuant to any other assessments mutually agreeable to the authorized public chartering agency and the charter school.

‘‘(2) DEVELOPER.—The term ‘developer’ means an individual or group of individuals (including a public or private

nonprofit organization), which may include teachers, administrators and other school staff, parents, or other members of the

local community in which a charter school project will be carried out.

‘‘(3) ELIGIBLE APPLICANT.—The term ‘eligible applicant’

means a developer that has—

‘‘(A) applied to an authorized public chartering authority to operate a charter school; and

‘‘(B) provided adequate and timely notice to that authority under section 5203(d)(3).

‘‘(4) AUTHORIZED PUBLIC CHARTERING AGENCY.—The term

‘authorized public chartering agency’ means a State educational

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agency, local educational agency, or other public entity that has

the authority pursuant to State law and approved by the Secretary to authorize or approve a charter school.

‘‘SEC. 5211. AUTHORIZATION OF APPROPRIATIONS.

‘‘(a) IN GENERAL.—There are authorized to be appropriated to carry out this subpart $300,000,000 for fiscal year 2002 and such

sums as may be necessary for each of the 5 succeeding fiscal years. ‘‘(b) RESERVATION.—From the amount appropriated under subsection (a) for each fiscal year, the Secretary shall reserve— ‘‘(1) $200,000,000 to carry out this subpart, other than section 5205(b); and ‘‘(2) any funds in excess of $200,000,000, that do not exceed $300,000,000, to carry out section 5205(b); and ‘‘(3)(A) 50 percent of any funds in excess of $300,000,000 to

carry out this subpart, other than section 5205(b); and ‘‘(B) 50 percent of any funds in excess of $300,000,000 to

carry out section 5205(b).

‘‘Subpart 2—Credit Enhancement Initiatives To Assist Charter School Facility Acquisition, Construction, and Renovation

‘‘SEC. 5221. PURPOSE.

‘‘The purpose of this subpart is to provide grants to eligible entities to permit the eligible entities to demonstrate innovative credit

enhancement initiatives that assist charter schools to address the

cost of acquiring, constructing, and renovating facilities.

‘‘SEC. 5222. GRANTS TO ELIGIBLE ENTITIES.

‘‘(a) GRANTS.—The Secretary shall use 100 percent of the

amount available to carry out this subpart to award not less than

3 grants to eligible entities that have applications approved under

this subpart to demonstrate innovative methods of assisting charter

schools to address the cost of acquiring, constructing, and renovating facilities by enhancing the availability of loans or bond financing.

‘‘(b) GRANTEE SELECTION.—

‘‘(1) EVALUATION OF APPLICATION.—The Secretary shall

evaluate each application submitted under section 5223, and

shall determine whether the application is sufficient to merit

approval.

‘‘(2) DISTRIBUTION OF GRANTS.—The Secretary shall award

at least 1 grant to an eligible entity described in section

5230(2)(A), at least 1 grant to an eligible entity described in section 5230(2)(B), and at least 1 grant to an eligible entity described in section 5230(2)(C), if applications are submitted that

permit the Secretary to do so without approving an application

that is not of sufficient quality to merit approval.

‘‘(c) GRANT CHARACTERISTICS.—Grants under this subpart shall

be of a sufficient size, scope, and quality so as to ensure an effective

demonstration of an innovative means of enhancing credit for the

financing of charter school acquisition, construction, or renovation.

‘‘(d) SPECIAL RULE.—In the event the Secretary determines that

the funds made available under this subpart are insufficient to permit the Secretary to award not less than 3 grants in accordance

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section (b)(2) shall not apply, and the Secretary may determine the

appropriate number of grants to be awarded in accordance with

subsection (c).

‘‘SEC. 5223. APPLICATIONS.

‘‘(a) IN GENERAL.—To receive a grant under this subpart, an eligible entity shall submit to the Secretary an application in such

form as the Secretary may reasonably require. ‘‘(b) CONTENTS.—An application submitted under subsection (a)

shall contain— ‘‘(1) a statement identifying the activities proposed to be undertaken with funds received under this subpart, including how

the eligible entity will determine which charter schools will receive assistance, and how much and what types of assistance

charter schools will receive; ‘‘(2) a description of the involvement of charter schools in

the application’s development and the design of the proposed

activities; ‘‘(3) a description of the eligible entity’s expertise in capital

market financing; ‘‘(4) a description of how the proposed activities will leverage the maximum amount of private-sector financing capital

relative to the amount of government funding used and otherwise enhance credit available to charter schools;

‘‘(5) a description of how the eligible entity possesses sufficient expertise in education to evaluate the likelihood of success

of a charter school program for which facilities financing is

sought; ‘‘(6) in the case of an application submitted by a State governmental entity, a description of the actions that the entity has

taken, or will take, to ensure that charter schools within the

State receive the funding the charter schools need to have adequate facilities; and ‘‘(7) such other information as the Secretary may reasonably require.

‘‘SEC. 5224. CHARTER SCHOOL OBJECTIVES.

‘‘An eligible entity receiving a grant under this subpart shall

use the funds deposited in the reserve account established under section 5225(a) to assist 1 or more charter schools to access private sector capital to accomplish 1 or both of the following objectives:

‘‘(1) The acquisition (by purchase, lease, donation, or otherwise) of an interest (including an interest held by a third party

for the benefit of a charter school) in improved or unimproved

real property that is necessary to commence or continue the operation of a charter school.

‘‘(2) The construction of new facilities, or the renovation, repair, or alteration of existing facilities, necessary to commence

or continue the operation of a charter school.

‘‘SEC. 5225. RESERVE ACCOUNT.

‘‘(a) USE OF FUNDS.—To assist charter schools to accomplish

the objectives described in section 5224, an eligible entity receiving

a grant under this subpart shall, in accordance with State and local

law, directly or indirectly, alone or in collaboration with others, deposit the funds received under this subpart (other than funds used

for administrative costs in accordance with section 5226) in a reVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00387 Fmt 6659 Sfmt 6603 E:\HR\OC\A334HR.156 pfrm07 PsN: A334HR
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serve account established and maintained by the eligible entity for

this purpose. Amounts deposited in such account shall be used by

the eligible entity for 1 or more of the following purposes:

‘‘(1) Guaranteeing, insuring, and reinsuring bonds, notes,

evidences of debt, loans, and interests therein, the proceeds of

which are used for an objective described in section 5224.

‘‘(2) Guaranteeing and insuring leases of personal and real

property for an objective described in section 5224.

‘‘(3) Facilitating financing by identifying potential lending

sources, encouraging private lending, and other similar activities that directly promote lending to, or for the benefit of, charter schools.

‘‘(4) Facilitating the issuance of bonds by charter schools,

or by other public entities for the benefit of charter schools, by

providing technical, administrative, and other appropriate assistance (including the recruitment of bond counsel, underwriters, and potential investors and the consolidation of multiple charter school projects within a single bond issue).

‘‘(b) INVESTMENT.—Funds received under this subpart and deposited in the reserve account established under subsection (a) shall

be invested in obligations issued or guaranteed by the United States

or a State, or in other similarly low-risk securities.

‘‘(c) REINVESTMENT OF EARNINGS.—Any earnings on funds received under this subpart shall be deposited in the reserve account

established under subsection (a) and used in accordance with such

subsection.

‘‘SEC. 5226. LIMITATION ON ADMINISTRATIVE COSTS.

‘‘An eligible entity may use not more than 0.25 percent of the

funds received under this subpart for the administrative costs of

carrying out its responsibilities under this subpart.

‘‘SEC. 5227. AUDITS AND REPORTS.

‘‘(a) FINANCIAL RECORD MAINTENANCE AND AUDIT.—The financial records of each eligible entity receiving a grant under this subpart shall be maintained in accordance with generally accepted accounting principles and shall be subject to an annual audit by an

independent public accountant.

‘‘(b) REPORTS.—

‘‘(1) GRANTEE ANNUAL REPORTS.—Each eligible entity receiving a grant under this subpart annually shall submit to the

Secretary a report of its operations and activities under this

subpart.

‘‘(2) CONTENTS.—Each annual report submitted under

paragraph (1) shall include—

‘‘(A) a copy of the most recent financial statements, and

any accompanying opinion on such statements, prepared by

the independent public accountant reviewing the financial

records of the eligible entity;

‘‘(B) a copy of any report made on an audit of the financial records of the eligible entity that was conducted

under subsection (a) during the reporting period;

‘‘(C) an evaluation by the eligible entity of the effectiveness of its use of the Federal funds provided under this

subpart in leveraging private funds;

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‘‘(D) a listing and description of the charter schools

served during the reporting period;

‘‘(E) a description of the activities carried out by the eligible entity to assist charter schools in meeting the objectives set forth in section 5224; and

‘‘(F) a description of the characteristics of lenders and

other financial institutions participating in the activities

undertaken by the eligible entity under this subpart during

the reporting period.

‘‘(3) SECRETARIAL REPORT.—The Secretary shall review the

reports submitted under paragraph (1) and shall provide a

comprehensive annual report to Congress on the activities conducted under this subpart.

‘‘SEC. 5228. NO FULL FAITH AND CREDIT FOR GRANTEE OBLIGATIONS.

‘‘No financial obligation of an eligible entity entered into pursuant to this subpart (such as an obligation under a guarantee, bond,

note, evidence of debt, or loan) shall be an obligation of, or guaranteed in any respect by, the United States. The full faith and credit

of the United States is not pledged to the payment of funds which

may be required to be paid under any obligation made by an eligible entity pursuant to any provision of this subpart.

‘‘SEC. 5229. RECOVERY OF FUNDS.

‘‘(a) IN GENERAL.—The Secretary, in accordance with chapter

37 of title 31, United States Code, shall collect—

‘‘(1) all of the funds in a reserve account established by an

eligible entity under section 5225(a) if the Secretary determines,

not earlier than 2 years after the date on which the eligible entity first received funds under this subpart, that the eligible entity has failed to make substantial progress in carrying out the

purposes described in section 5225(a); or

‘‘(2) all or a portion of the funds in a reserve account established by an eligible entity under section 5225(a) if the Secretary determines that the eligible entity has permanently

ceased to use all or a portion of the funds in such account to

accomplish any purpose described in section 5225(a).

‘‘(b) EXERCISE OF AUTHORITY.—The Secretary shall not exercise

the authority provided in subsection (a) to collect from any eligible

entity any funds that are being properly used to achieve 1 or more

of the purposes described in section 5225(a).

‘‘(c) PROCEDURES.—The provisions of sections 451, 452, and 458

of the General Education Provisions Act shall apply to the recovery

of funds under subsection (a).

‘‘(d) CONSTRUCTION.—This section shall not be construed to impair or affect the authority of the Secretary to recover funds under

part D of the General Education Provisions Act.

‘‘SEC. 5230. DEFINITIONS.

‘‘In this subpart:

‘‘(1) CHARTER SCHOOL.—The term ‘charter school’ has the

meaning given such term in section 5210.

‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible entity’ means—

‘‘(A) a public entity, such as a State or local governmental entity;

‘‘(B) a private nonprofit entity; or

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‘‘(C) a consortium of entities described in subparagraphs (A) and (B).

‘‘SEC. 5231. AUTHORIZATION OF APPROPRIATIONS.

‘‘For the purpose of carrying out this subpart, there are authorized to be appropriated $150,000,000 for fiscal year 2002 and such

sums as may be necessary for fiscal year 2003.’’

‘‘Subpart 3—Voluntary Public School Choice Programs

‘‘SEC. 5241. GRANTS.

‘‘(a) AUTHORIZATION.—From funds made available under section 5248 to carry out this subpart, the Secretary shall award

grants, on a competitive basis, to eligible entities to enable the entities to establish or expand a program of public school choice (referred to in this subpart as a ‘program’) in accordance with this

subpart.

‘‘(b) DURATION.—Grants awarded under subsection (a) may be

awarded for a period of not more than 5 years.

‘‘SEC. 5242. USES OF FUNDS.

‘‘(a) REQUIRED USE OF FUNDS.—An eligible entity that receives

a grant under this subpart shall use the grant funds to provide students selected to participate in the program with transportation

services or the cost of transportation to and from the public elementary schools and secondary schools, including charter schools, that

the students choose to attend under the program.

‘‘(b) PERMISSIBLE USES OF FUNDS.—An eligible entity that receives a grant under this subpart may use the grant funds for—

‘‘(1) planning or designing a program (for not more than 1

year);

‘‘(2) the cost of making tuition transfer payments to public

elementary schools or secondary schools to which students

transfer under the program;

‘‘(3) the cost of capacity-enhancing activities that enable

high-demand public elementary schools or secondary schools to

accommodate transfer requests under the program;

‘‘(4) the cost of carrying out public education campaigns to

inform students and parents about the program; and

‘‘(5) other costs reasonably necessary to implement the program.

‘‘(c) NONPERMISSIBLE USES OF FUNDS.—An eligible entity that

receives a grant under this subpart may not use the grant funds for

school construction. ‘‘(d) ADMINISTRATIVE EXPENSES.—The eligible entity may use

not more than 5 percent of the funds made available through the

grant for any fiscal year for administrative expenses.

‘‘SEC. 5243. APPLICATIONS.

‘‘(a) SUBMISSION.—An eligible entity that desires a grant under

this subpart shall submit an application to the Secretary at such

time, in such manner, and containing such information as the Secretary may require.

‘‘(b) CONTENTS.—An application submitted under subsection (a)

shall include—

‘‘(1) a description of the program for which the eligible entity seeks funds and the goals for such program;

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‘‘(2) a description of how and when parents of students will

be given the notice required under section 5245(a)(2); ‘‘(3) a description of how students will be selected for the

program; ‘‘(4) a description of how the program will be coordinated

with, and will complement and enhance, other related Federal

and non-Federal projects; ‘‘(5) if the program is to be carried out by a partnership, the

name of each partner and a description of the partner’s responsibilities; and ‘‘(6) such other information as the Secretary may require.

‘‘SEC. 5244. PRIORITIES.

‘‘In awarding grants under this subpart, the Secretary shall

give priority to an eligible entity— ‘‘(1) whose program would provide the widest variety of

choices to all students in participating schools; ‘‘(2) whose program would, through various choice options,

have the most impact in allowing students in low-performing

schools to attend higher-performing schools; and ‘‘(3) that is a partnership that seeks to implement an interdistrict approach to carrying out a program.

‘‘SEC. 5245. REQUIREMENTS AND VOLUNTARY PARTICIPATION.

‘‘(a) PARENT AND COMMUNITY INVOLVEMENT AND NOTICE.—In

carrying out a program under this subpart, an eligible entity

shall—

‘‘(1) develop the program with—

‘‘(A) the involvement of parents and others in the community to be served; and

‘‘(B) individuals who will carry out the program, including administrators, teachers, principals, and other

staff; and

‘‘(2) provide to parents of students in the area to be served

by the program with prompt notice of—

‘‘(A) the existence of the program;

‘‘(B) the program’s availability; and

‘‘(C) a clear explanation of how the program will operate.

‘‘(b) SELECTION OF STUDENTS.—An eligible entity that receives

a grant under this subpart shall select students to participate in a

program on the basis of a lottery, if more students apply for admission to the program than can be accommodated.

‘‘(c) VOLUNTARY PARTICIPATION.—Student participation in a

program funded under this subpart shall be voluntary.

‘‘SEC. 5246. EVALUATIONS.

‘‘(a) IN GENERAL.—From the amount made available to carry

out this subpart for any fiscal year, the Secretary may reserve not

more than 5 percent—

‘‘(1) to carry out evaluations;

‘‘(2) to provide technical assistance; and

‘‘(3) to disseminate information.

‘‘(b) EVALUATIONS.—In carrying out the evaluations under subsection (a), the Secretary shall, at a minimum, address—

‘‘(1) how, and the extent to which, the programs promote

educational equity and excellence;

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‘‘(2) the characteristics of the students participating in the

programs; and ‘‘(3) the effect of the programs on the academic achievement

of students participating in the programs, particularly students

who move from schools identified under section 1116 to schools

not so identified, and on the overall quality of participating

schools and districts.

‘‘SEC. 5247. DEFINITIONS.

‘‘In this subpart: ‘‘(1) CHARTER SCHOOL.—The term ‘charter school’ has the

meaning given such term in section 5210. ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible entity’ means— ‘‘(A) one or more State educational agencies;

‘‘(B) one or more local educational agencies; or

‘‘(C) a partnership of— ‘‘(i) one or more— ‘‘(I) State educational agencies; and

‘‘(II) local educational agencies or other public,

for-profit, or nonprofit entities; or

‘‘(ii) one or more— ‘‘(I) local educational agencies; and

‘‘(II) public, for-profit, or nonprofit entities. ‘‘(3) LOW-PERFORMING SCHOOL.—The term ‘low-performing

school’ means a public elementary school or secondary school

that has failed to make adequate yearly progress, as described

in section 1111(b), for 2 or more consecutive years.

‘‘SEC. 5248. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated to carry out this sub- part $100,000,000 for fiscal year 2002 and each of the 5 succeeding

fiscal years.

‘‘PART C—MAGNET SCHOOLS ASSISTANCE

‘‘SEC. 5301. FINDINGS AND PURPOSE.

‘‘(a) FINDINGS.—Congress makes the following findings:

‘‘(1) Magnet schools are a significant part of the Nation’s effort to achieve voluntary desegregation in our Nation’s schools.

‘‘(2) The use of magnet schools has increased dramatically

since the inception of the magnet schools assistance program

under this Act, with approximately 2,000,000 students nationwide attending such schools, of whom more than 65 percent are

non-white.

‘‘(3) Magnet schools offer a wide range of distinctive programs that have served as models for school improvement efforts.

‘‘(4) It is in the best interests of the United States—

‘‘(A) to continue the Federal Government’s support of

local educational agencies that are implementing court-ordered desegregation plans and local educational agencies

that are voluntarily seeking to foster meaningful interaction

among students of different racial and ethnic backgrounds,

beginning at the earliest stage of such students’ education;

‘‘(B) to ensure that all students have equitable access to

a high quality education that will prepare all students to

function well in a technologically oriented and a highly

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competitive economy comprised of people from many different racial and ethnic backgrounds; and

‘‘(C) to continue to desegregate and diversify schools by

supporting magnet schools, recognizing that segregation exists between minority and nonminority students as well as

among students of different minority groups.

‘‘(5) Desegregation efforts through magnet school programs

are a significant part of our Nation’s effort to achieve voluntary

desegregation in schools and help to ensure equal educational

opportunities for all students.

‘‘(b) PURPOSE.—The purpose of this part is to assist in the desegregation of schools served by local educational agencies by providing financial assistance to eligible local educational agencies

for—

‘‘(1) the elimination, reduction, or prevention of minority

group isolation in elementary schools and secondary schools

with substantial proportions of minority students, which shall

include assisting in the efforts of the United States to achieve

voluntary desegregation in public schools;

‘‘(2) the development and implementation of magnet school

programs that will assist local educational agencies in achieving systemic reforms and providing all students the opportunity

to meet challenging State academic content standards and student academic achievement standards;

‘‘(3) the development and design of innovative educational

methods and practices that promote diversity and increase

choices in public elementary schools and public secondary

schools and public educational programs;

‘‘(4) courses of instruction within magnet schools that will

substantially strengthen the knowledge of academic subjects

and the attainment of tangible and marketable vocational, technological, and professional skills of students attending such

schools;

‘‘(5) improving the capacity of local educational agencies,

including through professional development, to continue operating magnet schools at a high performance level after Federal

funding for the magnet schools is terminated; and

‘‘(6) ensuring that all students enrolled in the magnet

school programs have equitable access to high quality education

that will enable the students to succeed academically and continue with postsecondary education or productive employment.

‘‘SEC. 5302. DEFINITION.

‘‘For the purpose of this part, the term ‘magnet school’ means

a public elementary school, public secondary school, public elementary education center, or public secondary education center that offers a special curriculum capable of attracting substantial numbers

of students of different racial backgrounds.

‘‘SEC. 5303. PROGRAM AUTHORIZED.

‘‘The Secretary, in accordance with this part, is authorized to

award grants to eligible local educational agencies, and consortia of

such agencies where appropriate, to carry out the purpose of this

part for magnet schools that are—

‘‘(1) part of an approved desegregation plan; and

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‘‘(2) designed to bring students from different social, economic, ethnic, and racial backgrounds together.

‘‘SEC. 5304. ELIGIBILITY.

‘‘A local educational agency, or consortium of such agencies

where appropriate, is eligible to receive a grant under this part to

carry out the purpose of this part if such agency or consortium—

‘‘(1) is implementing a plan undertaken pursuant to a final

order issued by a court of the United States, or a court of any

State, or any other State agency or official of competent jurisdiction, that requires the desegregation of minority-group-segregated children or faculty in the elementary schools and secondary schools of such agency; or

‘‘(2) without having been required to do so, has adopted

and is implementing, or will, if a grant is awarded to such

local educational agency, or consortium of such agencies, under

this part, adopt and implement a plan that has been approved

by the Secretary as adequate under title VI of the Civil Rights

Act of 1964 for the desegregation of minority-group-segregated

children or faculty in such schools.

‘‘SEC. 5305. APPLICATIONS AND REQUIREMENTS.

‘‘(a) APPLICATIONS.—An eligible local educational agency, or

consortium of such agencies, desiring to receive a grant under this

part shall submit an application to the Secretary at such time, in

such manner, and containing such information and assurances as

the Secretary may reasonably require.

‘‘(b) INFORMATION AND ASSURANCES.—Each application submitted under subsection (a) shall include—

‘‘(1) a description of—

‘‘(A) how a grant awarded under this part will be used

to promote desegregation, including how the proposed magnet school programs will increase interaction among students of different social, economic, ethnic, and racial backgrounds;

‘‘(B) the manner and extent to which the magnet school

program will increase student academic achievement in the

instructional area or areas offered by the school;

‘‘(C) how the applicant will continue the magnet school

program after assistance under this part is no longer available, and, if applicable, an explanation of why magnet

schools established or supported by the applicant with

grant funds under this part cannot be continued without

the use of grant funds under this part;

‘‘(D) how grant funds under this part will be used—

‘‘(i) to improve student academic achievement for

all students attending the magnet school programs;

and

‘‘(ii) to implement services and activities that are

consistent with other programs under this Act, and

other Acts, as appropriate; and

‘‘(E) the criteria to be used in selecting students to attend the proposed magnet school program; and

‘‘(2) assurances that the applicant will—

‘‘(A) use grant funds under this part for the purposes

specified in section 5301(b);

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‘‘(B) employ highly qualified teachers in the courses of

instruction assisted under this part;

‘‘(C) not engage in discrimination based on race, religion, color, national origin, sex, or disability in—

‘‘(i) the hiring, promotion, or assignment of employees of the applicant or other personnel for whom

the applicant has any administrative responsibility;

‘‘(ii) the assignment of students to schools, or to

courses of instruction within the schools, of such applicant, except to carry out the approved plan; and

‘‘(iii) designing or operating extracurricular activities for students;

‘‘(D) carry out a high-quality education program that

will encourage greater parental decisionmaking and involvement; and

‘‘(E) give students residing in the local attendance area

of the proposed magnet school program equitable consideration for placement in the program, consistent with desegregation guidelines and the capacity of the applicant to accommodate the students.

‘‘(c) SPECIAL RULE.—No grant shall be awarded under this part

unless the Assistant Secretary of Education for Civil Rights determines that the assurances described in subsection (b)(2)(C) will be

met.

‘‘SEC. 5306. PRIORITY.

‘‘In awarding grants under this part, the Secretary shall give

priority to applicants that—

‘‘(1) demonstrate the greatest need for assistance, based on

the expense or difficulty of effectively carrying out approved desegregation plans and the magnet school program for which the

grant is sought;

‘‘(2) propose to carry out new magnet school programs, or

significantly revise existing magnet school programs; and

‘‘(3) propose to select students to attend magnet school programs by methods such as lottery, rather than through academic examination.

‘‘SEC. 5307. USE OF FUNDS.

‘‘(a) IN GENERAL.—Grant funds made available under this part

may be used by an eligible local educational agency, or consortium

of such agencies—

‘‘(1) for planning and promotional activities directly related

to the development, expansion, continuation, or enhancement of

academic programs and services offered at magnet schools;

‘‘(2) for the acquisition of books, materials, and equipment,

including computers and the maintenance and operation of materials, equipment, and computers, necessary to conduct programs in magnet schools;

‘‘(3) for the compensation, or subsidization of the compensation, of elementary school and secondary school teachers who

are highly qualified, and instructional staff where applicable,

who are necessary to conduct programs in magnet schools;

‘‘(4) with respect to a magnet school program offered to less

than the entire student population of a school, for instructional

activities that—

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‘‘(A) are designed to make available the special curriculum that is offered by the magnet school program to

students who are enrolled in the school but who are not enrolled in the magnet school program; and

‘‘(B) further the purpose of this part;

‘‘(5) for activities, which may include professional development, that will build the recipient’s capacity to operate magnet

school programs once the grant period has ended;

‘‘(6) to enable the local educational agency, or consortium

of such agencies, to have more flexibility in the administration

of a magnet school program in order to serve students attending

a school who are not enrolled in a magnet school program; and

‘‘(7) to enable the local educational agency, or consortium

of such agencies, to have flexibility in designing magnet schools

for students in all grades.

‘‘(b) SPECIAL RULE.—Grant funds under this part may be used

for activities described in paragraphs (2) and (3) of subsection (a)

only if the activities are directly related to improving student academic achievement based on the State’s challenging academic content standards and student academic achievement standards or directly related to improving student reading skills or knowledge of

mathematics, science, history, geography, English, foreign languages, art, or music, or to improving vocational, technological, and

professional skills.

‘‘SEC. 5308. PROHIBITION.

‘‘Grants under this part may not be used for transportation or

any activity that does not augment academic improvement.

‘‘SEC. 5309. LIMITATIONS.

‘‘(a) DURATION OF AWARDS.—A grant under this part shall be

awarded for a period that shall not exceed 3 fiscal years.

‘‘(b) LIMITATION ON PLANNING FUNDS.—A local educational

agency, or consortium of such agencies, may expend for planning

(professional development shall not be considered to be planning for

purposes of this subsection) not more than 50 percent of the grant

funds received under this part for the first year of the program and

not more than 15 percent of such funds for each of the second and

third such years.

‘‘(c) AMOUNT.—No local educational agency, or consortium of

such agencies, awarded a grant under this part shall receive more

than $4,000,000 under this part for any 1 fiscal year.

‘‘(d) TIMING.—To the extent practicable, the Secretary shall

award grants for any fiscal year under this part not later than July

1 of the applicable fiscal year.

‘‘SEC. 5310. EVALUATIONS.

‘‘(a) RESERVATION.—The Secretary may reserve not more than 2

percent of the funds appropriated under section 5311(a) for any fiscal year to carry out evaluations, provide technical assistance, and

carry out dissemination projects with respect to magnet school programs assisted under this part.

‘‘(b) CONTENTS.—Each evaluation described in subsection (a), at

a minimum, shall address—

‘‘(1) how and the extent to which magnet school programs

lead to educational quality and improvement;

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‘‘(2) the extent to which magnet school programs enhance

student access to a high quality education;

‘‘(3) the extent to which magnet school programs lead to the

elimination, reduction, or prevention of minority group isolation

in elementary schools and secondary schools with substantial

proportions of minority students; and

‘‘(4) the extent to which magnet school programs differ from

other school programs in terms of the organizational characteristics and resource allocations of such magnet school programs.

‘‘(c) DISSEMINATION.—The Secretary shall collect and disseminate to the general public information on successful magnet school

programs.

‘‘SEC. 5311. AUTHORIZATION OF APPROPRIATIONS; RESERVATION.

‘‘(a) AUTHORIZATION.—For the purpose of carrying out this part,

there are authorized to be appropriated $125,000,000 for fiscal year

2002 and such sums as may be necessary for each of the 5 succeeding fiscal years.

‘‘(b) AVAILABILITY OF FUNDS FOR GRANTS TO AGENCIES NOT

PREVIOUSLY ASSISTED.—In any fiscal year for which the amount

appropriated pursuant to subsection (a) exceeds $75,000,000, the

Secretary shall give priority in using such amounts in excess of

$75,000,000 to awarding grants to local educational agencies or

consortia of such agencies that did not receive a grant under this

part in the preceding fiscal year.

‘‘PART D—FUND FOR THE IMPROVEMENT OF

EDUCATION

‘‘SEC. 5401. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated to carry out this part

the following amounts:

‘‘(1) $550,000,000 for fiscal year 2002.

‘‘(2) $575,000,000 for fiscal year 2003.

‘‘(3) $600,000,000 for fiscal year 2004.

‘‘(4) $625,000,000 for fiscal year 2005.

‘‘(5) $650,000,000 for fiscal year 2006.

‘‘(6) $675,000,000 for fiscal year 2007.

‘‘Subpart 1—Fund for the Improvement of Education

‘‘SEC. 5411. PROGRAMS AUTHORIZED.

‘‘(a) AUTHORIZATION.—The Secretary is authorized to support

nationally significant programs to improve the quality of elementary

and secondary education at the State and local levels and help all

children meet challenging State academic content and student academic achievement standards. The Secretary may carry out such

programs directly, or through grants to, or contracts with—

‘‘(1) States or local educational agencies;

‘‘(2) institutions of higher education; and

‘‘(3) other public and private agencies, organizations, and

institutions.

‘‘(b) USES OF FUNDS.—Funds made available under section

5401 to carry out this subpart may be used for any of the following

programs:

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‘‘(1) Activities to promote systemic education reform at the

State and local levels, including scientifically based research,

development, and evaluation designed to improve—

‘‘(A) student academic achievement at the State and

local level; and

‘‘(B) strategies for effective parent and community involvement.

‘‘(2) Programs at the State and local levels that are designed to yield significant results, including programs to explore approaches to public school choice and school-based decisionmaking.

‘‘(3) Recognition programs, which may include financial

awards to States, local educational agencies, and schools that

have made the greatest progress, based on the Secretary’s determination or on a nomination by the State in which the school

is located (or in the case of a Bureau funded school, by the Secretary of the Interior) in—

‘‘(A) improving the academic achievement of economically disadvantaged students and students from major racial and ethnic minority groups; and

‘‘(B) in closing the academic achievement gap for those

groups of students farthest away from the proficient level

on the academic assessments administered by the State

under section 1111.

‘‘(4) Scientifically based studies and evaluations of education reform strategies and innovations, and the dissemination

of information on the effectiveness of such strategies and innovations.

‘‘(5) Identification and recognition of exemplary schools and

programs, such as Blue Ribbon Schools, including programs to

evaluate the effectiveness of using the best practices of exemplary or Blue Ribbon Schools to improve academic achievement.

‘‘(6) Activities to support Scholar-Athlete Games programs,

including the World Scholar-Athlete Games and the U.S. Scholar-Athlete Games.

‘‘(7) Programs to promote voter participation in American

elections through programs, such as the National Student/Parent Mock Election and Kids Voting USA.

‘‘(8) Demonstrations relating to the planning and evaluation of the effectiveness of programs under which local educational agencies or schools contract with private management

organizations to reform a school or schools.

‘‘(9) Other programs that meet the purposes of this Act.

‘‘(c) BASIS OF AWARDS.—The Secretary is authorized to—

‘‘(1) make awards under this subpart on the basis of competitions announced by the Secretary; and

‘‘(2) support meritorious unsolicited proposals for awards

under this subpart.

‘‘(d) EFFECTIVENESS OF PROGRAMS.—The Secretary shall ensure

that programs supported under this subpart are designed so that

their effectiveness is readily ascertainable, and shall ensure that

such effectiveness is assessed using rigorous, scientifically based research and evaluations.

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‘‘SEC. 5412. APPLICATIONS.

‘‘(a) SUBMISSION.—To be eligible for an award under this subpart, an entity shall submit an application to the Secretary, at such

time, in such manner, and containing such information as the Secretary may require.

‘‘(b) CONTENTS.—Each application submitted under subsection (a) shall—

‘‘(1) establish clear objectives, which are based on scientifically based research, for the proposed program; and

‘‘(2) describe the activities the applicant will carry out in

order to meet the objectives described in paragraph (1).

‘‘(c) PEER REVIEW.—The Secretary shall use a peer review process in reviewing applications for awards under this subpart and in

recognizing States, local educational agencies, and schools under

section 5411(b)(3), only if funds are used for such recognition programs. The Secretary may use funds appropriated under this subpart for the cost of such peer review.

‘‘SEC. 5413. PROGRAM REQUIREMENTS.

‘‘(a) EVALUATIONS.—A recipient of an award under this subpart

shall—

‘‘(1) evaluate the effectiveness of the program funded under

the award in achieving the objectives stated in application submitted under section 5412; and

‘‘(2) report to the Secretary such information as may be required to determine the effectiveness of such program, including

evidence of progress toward meeting such objectives.

‘‘(b) DISSEMINATION OF EVALUATION RESULTS.—The Secretary

shall provide for the dissemination of the evaluations of programs

funded under this subpart by making the evaluations publicly

available upon request, and shall provide public notice that the

evaluations are so available.

‘‘(c) MATCHING FUNDS.—The Secretary may require recipients of

awards under this subpart to provide matching funds from nonFederal sources, and shall permit the recipients to match funds in

whole or in part with in-kind contributions.

‘‘(d) SPECIAL RULE FOR RECOGNITION PROGRAMS.—The application requirements of section 5412(b), and the evaluation requirements of subsections (a) and (b) of this section, do not apply to recognition programs under section 5411(b)(3).

‘‘SEC. 5414. STUDIES OF NATIONAL SIGNIFICANCE.

‘‘(a) STUDIES.—The Secretary shall conduct the following studies of national significance: ‘‘(1) UNHEALTHY PUBLIC SCHOOL BUILDINGS.—A study regarding the health and learning impacts of environmentally

unhealthy public school buildings on students and teachers.

The study shall include the following information:

‘‘(A) The characteristics of those public elementary

school and secondary school buildings that contribute to

unhealthy school environments.

‘‘(B) The health and learning impacts of environmental

unhealthy public school buildings on students that are attending or that have attended such schools.

‘‘(C) Recommendations to Congress on how to assist

schools that are out of compliance with Federal or State

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health and safety codes, and a cost estimate of bringing up

environmentally unhealthy public school buildings to minimum Federal health and safety building standards.

‘‘(2) EXPOSURE TO VIOLENT ENTERTAINMENT.—A study regarding how exposure to violent entertainment (such as in movies, music, television, Internet content, video games, and arcade

games) affects children’s cognitive development and educational

achievement.

‘‘(3) SEXUAL ABUSE IN SCHOOLS.—A study regarding the

prevalence of sexual abuse in schools, including recommendations and legislative remedies for addressing the problem of sexual abuse in schools.

‘‘(b) COMPLETION DATE.—The studies under subsection (a) shall

be completed not later than 18 months after the date of enactment

of the No Child Left Behind Act of 2001.

‘‘(c) PUBLIC DISSEMINATION.—The Secretary shall make the

study conducted under subsection (a)(1) available to the public

through the Educational Resources Information Center National

Clearinghouse for Educational Facilities of the Department.

‘‘Subpart 2—Elementary and Secondary School Counseling

Programs

‘‘SEC. 5421. ELEMENTARY AND SECONDARY SCHOOL COUNSELING

PROGRAMS.

‘‘(a) GRANTS AUTHORIZED.—

‘‘(1) IN GENERAL.—The Secretary is authorized to award

grants to local educational agencies to enable such agencies to

establish or expand elementary school and secondary school

counseling programs that comply with the requirements of subsection (c)(2).

‘‘(2) SPECIAL CONSIDERATION.—In awarding grants under

this section, the Secretary shall give special consideration to applications describing programs that—

‘‘(A) demonstrate the greatest need for new or additional counseling services among children in the schools

served by the local educational agency, in part by providing

information on current ratios of students to school counselors, students to school social workers, and students to

school psychologists;

‘‘(B) propose the most promising and innovative approaches for initiating or expanding school counseling; and

‘‘(C) show the greatest potential for replication and dissemination.

‘‘(3) EQUITABLE DISTRIBUTION.—In awarding grants under

this section, the Secretary shall ensure an equitable geographic

distribution among the regions of the United States and among

local educational agencies located in urban, rural, and suburban areas.

‘‘(4) DURATION.—A grant under this section shall be awarded for a period not to exceed 3 years.

‘‘(5) MAXIMUM GRANT.—A grant awarded under this section

shall not exceed $400,000 for any fiscal year.

‘‘(6) SUPPLEMENT, NOT SUPPLANT.—Funds made available

under this section shall be used to supplement, and not supVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00400 Fmt 6659 Sfmt 6603 E:\HR\OC\A334HR.161 pfrm07 PsN: A334HR
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plant, other Federal, State, or local funds used for providing

school-based counseling and mental health services to students.

‘‘(b) APPLICATIONS.—

‘‘(1) IN GENERAL.—Each local educational agency desiring

a grant under this section shall submit an application to the

Secretary at such time, in such manner, and accompanied by

such information as the Secretary may reasonably require.

‘‘(2) CONTENTS.—Each application for a grant under this

section shall—

‘‘(A) describe the school population to be targeted by the

program, the particular counseling needs of such population, and the current school counseling resources available for meeting such needs;

‘‘(B) describe the activities, services, and training to be

provided by the program and the specific approaches to be

used to meet the needs described in subparagraph (A);

‘‘(C) describe the methods to be used to evaluate the

outcomes and effectiveness of the program;

‘‘(D) describe how the local educational agency will involve community groups, social service agencies, and other

public and private entities in collaborative efforts to enhance the program and promote school-linked services integration;

‘‘(E) document that the local educational agency has

the personnel qualified to develop, implement, and administer the program;

‘‘(F) describe how diverse cultural populations, if applicable, will be served through the program;

‘‘(G) assure that the funds made available under this

subpart for any fiscal year will be used to supplement, and

not supplant, any other Federal, State, or local funds used

for providing school-based counseling and mental health

services to students; and

‘‘(H) assure that the applicant will appoint an advisory

board composed of interested parties, including parents,

teachers, school administrators, counseling services providers described in subsection (c)(2)(D), and community

leaders, to advise the local educational agency on the design and implementation of the program.

‘‘(c) USE OF FUNDS.—

‘‘(1) IN GENERAL.—The Secretary is authorized to award

grants to local educational agencies to enable the local educational agencies to initiate or expand elementary school or secondary school counseling programs that comply with the requirements of paragraph (2).

‘‘(2) REQUIREMENTS.—Each program funded under this section shall—

‘‘(A) be comprehensive in addressing the counseling

and educational needs of all students;

‘‘(B) use a developmental, preventive approach to counseling;

‘‘(C) increase the range, availability, quantity, and

quality of counseling services in the elementary schools and

secondary schools of the local educational agency;

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‘‘(D) expand counseling services through qualified

school counselors, school social workers, school psychologists, other qualified psychologists, or child and adolescent

psychiatrists;

‘‘(E) use innovative approaches to increase children’s

understanding of peer and family relationships, work and

self, decisionmaking, or academic and career planning, or

to improve peer interaction;

‘‘(F) provide counseling services in settings that meet

the range of student needs;

‘‘(G) include in-service training appropriate to the activities funded under this Act for teachers, instructional

staff, and appropriate school personnel, including in-service

training in appropriate identification and early intervention techniques by school counselors, school social workers,

school psychologists, other qualified psychologists, and

child and adolescent psychiatrists;

‘‘(H) involve parents of participating students in the design, implementation, and evaluation of the counseling program;

‘‘(I) involve community groups, social service agencies,

or other public or private entities in collaborative efforts to

enhance the program and promote school-linked integration

of services;

‘‘(J) evaluate annually the effectiveness and outcomes of

the counseling services and activities assisted under this

section;

‘‘(K) ensure a team approach to school counseling in

the schools served by the local educational agency by working toward ratios recommended by the American School

Health Association of 1 school counselor to 250 students, 1

school social worker to 800 students, and 1 school psychologist to 1,000 students; and

‘‘(L) ensure that school counselors, school psychologists,

other qualified psychologists, school social workers, or child

and adolescent psychiatrists paid from funds made available under this section spend a majority of their time counseling students or in other activities directly related to the

counseling process.

‘‘(d) LIMITATION ON ADMINISTRATIVE COSTS.—Not more than 4

percent of the amounts made available under this section for any

fiscal year may be used for administrative costs to carry out this

section.

‘‘(e) DEFINITIONS.—For the purpose of this section—

‘‘(1) the term ‘child and adolescent psychiatrist’ means an

individual who—

‘‘(A) possesses State medical licensure; and

‘‘(B) has completed residency training programs in both

general psychiatry and child and adolescent psychiatry;

‘‘(2) the term ‘other qualified psychologist’ means an individual who has demonstrated competence in counseling children in a school setting and who—

‘‘(A) is licensed in psychology by the State in which the

individual works; and

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‘‘(B) practices in the scope of the individual’s education,

training, and experience with children in school settings;

‘‘(3) the term ‘school counselor’ means an individual who

has documented competence in counseling children and adolescents in a school setting and who— ‘‘(A) is licensed by the State or certified by an independent professional regulatory authority; ‘‘(B) in the absence of such State licensure or certification, possesses national certification in school counseling

or a specialty of counseling granted by an independent professional organization; or ‘‘(C) holds a minimum of a master’s degree in school

counseling from a program accredited by the Council for

Accreditation of Counseling and Related Educational Programs or the equivalent;

‘‘(4) the term ‘school psychologist’ means an individual

who— ‘‘(A) has completed a minimum of 60 graduate semester

hours in school psychology from an institution of higher

education and has completed 1,200 clock hours in a supervised school psychology internship, of which 600 hours are

in the school setting; ‘‘(B) is licensed or certified in school psychology by the

State in which the individual works; or ‘‘(C) in the absence of such State licensure or certification, possesses national certification by the National

School Psychology Certification Board; and

‘‘(5) the term ‘school social worker’ means an individual

who— ‘‘(A) holds a master’s degree in social work from a program accredited by the Council on Social Work Education;

and ‘‘(B)(i) is licensed or certified by the State in which

services are provided; or

‘‘(ii) in the absence of such State licensure or certification, possesses a national credential or certification as a

school social work specialist granted by an independent

professional organization.

‘‘(f) REPORT.—Not later than 2 years after assistance is made

available to local educational agencies under subsection (c), the Secretary shall make publicly available a report— ‘‘(1) evaluating the programs assisted pursuant to each

grant under this subpart; and ‘‘(2) outlining the information from local educational agencies regarding the ratios of students to— ‘‘(A) school counselors;

‘‘(B) school social workers; and

‘‘(C) school psychologists. ‘‘(g) SPECIAL RULE.— ‘‘(1) AMOUNT EQUALS OR EXCEEDS $40,000,000.—If the

amount of funds made available by the Secretary for this subpart equals or exceeds $40,000,000, the Secretary shall award

not less than $40,000,000 in grants to local educational agencies to enable the agencies to establish or expand counseling

programs in elementary schools.

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‘‘(2) AMOUNT LESS THAN $40,000,000.—If the amount of funds

made available by the Secretary for this subpart is less than

$40,000,000, the Secretary shall award grants to local educational agencies only to establish or expand counseling programs in elementary schools.

‘‘Subpart 3—Partnerships in Character Education

‘‘SEC. 5431. PARTNERSHIPS IN CHARACTER EDUCATION PROGRAM.

‘‘(a) PROGRAM AUTHORIZED.—

‘‘(1) IN GENERAL.—The Secretary is authorized to award

grants to eligible entities for the design and implementation of

character education programs that—

‘‘(A) are able to be integrated into classroom instruction

and to be consistent with State academic content standards; and

‘‘(B) are able to be carried out in conjunction with other

educational reform efforts.

‘‘(2) ELIGIBLE ENTITY.—In this section, the term ‘eligible entity’ means—

‘‘(A) a State educational agency in partnership with—

‘‘(i) one or more local educational agencies; or

‘‘(ii) one or more—

‘‘(I) local educational agencies; and

‘‘(II) nonprofit organizations or entities, including an institution of higher education;

‘‘(B) a local educational agency or consortium of local

educational agencies; or

‘‘(C) a local educational agency in partnership with one

or more nonprofit organizations or entities, including an

institution of higher education.

‘‘(3) DURATION.—Each grant under this section shall be

awarded for a period not to exceed 5 years, of which the eligible

entity may not use more than 1 year for planning and program

design.

‘‘(4) AMOUNT OF GRANTS FOR STATE EDUCATIONAL AGENCIES.—Subject to the availability of appropriations, the amount

of a grant made by the Secretary to a State educational agency

under this section shall not be less than $500,000 if the State

educational agency—

‘‘(A) is in a partnership described in paragraph (2)(A);

and

‘‘(B) meets such requirements as the Secretary may establish under this section.

‘‘(b) CONTRACTS UNDER PROGRAM.—

‘‘(1) EVALUATION.—Each eligible entity awarded a grant

under this section may contract with outside sources, including

institutions of higher education and private and nonprofit organizations, for the purposes of—

‘‘(A) evaluating the program for which the assistance is

made available;

‘‘(B) measuring the integration of such program into

the curriculum and teaching methods of schools where the

program is carried out; and

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‘‘(C) measuring the success of such program in fostering the elements of character selected by the recipient

under subsection (c).

‘‘(2) MATERIALS AND PROGRAM DEVELOPMENT.—Each eligible entity awarded a grant under this section may contract with

outside sources, including institutions of higher education and

private and nonprofit organizations, for assistance in—

‘‘(A) developing secular curricula, materials, teacher

training, and other activities related to character education;

and

‘‘(B) integrating secular character education into the

curricula and teaching methods of schools where the program is carried out.

‘‘(c) ELEMENTS OF CHARACTER.—

‘‘(1) SELECTION.—

‘‘(A) IN GENERAL.—Each eligible entity awarded a

grant under this section may select the elements of character that will be taught under the program for which the

grant was awarded.

‘‘(B) CONSIDERATION OF VIEWS.—In selecting elements

of character under subparagraph (A), the eligible entity

shall consider the views of the parents of the students to be

taught under the program and the views of the students.

‘‘(2) EXAMPLE ELEMENTS.—Elements of character selected

under this subsection may include any of the following:

‘‘(A) Caring.

‘‘(B) Civic virtue and citizenship.

‘‘(C) Justice and fairness.

‘‘(D) Respect.

‘‘(E) Responsibility.

‘‘(F) Trustworthiness.

‘‘(G) Giving.

‘‘(H) Any other elements deemed appropriate by the eligible entity.

‘‘(d) USE OF FUNDS BY STATE EDUCATIONAL AGENCY RECIPIENTS.—Of the total funds received in any fiscal year under this section by an eligible entity that is a State educational agency—

‘‘(1) not more than 3 percent of such funds may be used for

administrative purposes; and

‘‘(2) the remainder of such funds may be used for—

‘‘(A) collaborative initiatives with and between local

educational agencies and schools;

‘‘(B) the preparation or purchase of materials, and

teacher training;

‘‘(C) providing assistance to local educational agencies,

schools, or institutions of higher education; and

‘‘(D) technical assistance and evaluation.

‘‘(e) APPLICATION.—

‘‘(1) IN GENERAL.—Each eligible entity desiring a grant

under this section shall submit an application to the Secretary

at such time and in such manner as the Secretary may require.

‘‘(2) REQUIRED INFORMATION.—Each application for a grant

under this section shall include (together with any other information that the Secretary may require) information that—

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‘‘(A) demonstrates that the program for which the grant

is sought has clear objectives that are based on scientifically based research;

‘‘(B) describes any partnerships or collaborative efforts

among the organizations and entities of the eligible entity;

‘‘(C) describes the activities that will be carried out

with the grant funds and how such activities will meet the

objectives described in subparagraph (A), including—

‘‘(i) how parents, students, students with disabilities (including those with mental or physical disabilities), and other members of the community, including

members of private and nonprofit organizations, will

be involved in the design and implementation of the

program and how the eligible entity will work with the

larger community to increase the reach and promise of

the program;

‘‘(ii) curriculum and instructional practices that

will be used or developed; and

‘‘(iii) methods of teacher training and parent education that will be used or developed;

‘‘(D) describes how the program for which the grant is

sought will be linked to other efforts to improve academic

achievement, including—

‘‘(i) broader educational reforms that are being instituted by the eligible entity or its partners; and

‘‘(ii) State academic content standards;

‘‘(E) in the case of an eligible entity that is a State educational agency, describes how the State educational

agency—

‘‘(i) will provide technical and professional assistance to its local educational agency partners in the development and implementation of character education

programs; and

‘‘(ii) will assist other interested local educational

agencies that are not members of the original partnership in designing and establishing character education

programs;

‘‘(F) describes how the eligible entity will evaluate the

success of its program—

‘‘(i) based on the objectives described in subparagraph (A); and

‘‘(ii) in cooperation with any national evaluation

conducted pursuant to subsection (h)(2)(B)(iii); and

‘‘(G) assures that the eligible entity annually will provide to the Secretary such information as may be required

to determine the effectiveness of the program.

‘‘(f) SELECTION OF RECIPIENTS.—

‘‘(1) PEER REVIEW.—

‘‘(A) IN GENERAL.—In selecting eligible entities to receive grants under this section from among the applicants

for such grants, the Secretary shall use a peer review process that includes the participation of experts in the field of

character education and development.

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‘‘(B) USE OF FUNDS.—The Secretary may use funds appropriated under this section for the cost of carrying out

peer reviews under this paragraph.

‘‘(2) SELECTION CRITERIA.—Each selection under paragraph

(1) shall be made on the basis of the quality of the application

submitted, taking into consideration such factors as—

‘‘(A) the extent to which the program fosters character

in students and the potential for improved student academic achievement;

‘‘(B) the extent and ongoing nature of parental, student,

and community involvement;

‘‘(C) the quality of the plan for measuring and assessing success; and

‘‘(D) the likelihood that the objectives of the program

will be achieved.

‘‘(3) EQUITABLE DISTRIBUTION.—In making selections under

this subsection, the Secretary shall ensure, to the extent practicable under paragraph (2), that the programs assisted under

this section are equitably distributed among the geographic regions of the United States, and among urban, suburban, and

rural areas.

‘‘(g) PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND TEACHERS.—Each eligible entity that receives a grant under this section

shall provide, to the extent feasible and appropriate, for the participation in programs and activities under this section of students and

teachers in private elementary schools and secondary schools.

‘‘(h) EVALUATION AND PROGRAM DEVELOPMENT.—

‘‘(1) STATE AND LOCAL REPORTING AND EVALUATION.—Each

eligible entity receiving a grant under this section shall submit

to the Secretary a comprehensive evaluation of the program assisted under this section, including its impact on students, students with disabilities (including those with mental or physical

disabilities), teachers, administrators, parents, and others—

‘‘(A) by the end of the second year of the program; and

‘‘(B) not later than 1 year after completion of the grant

period.

‘‘(2) NATIONAL RESEARCH, DISSEMINATION, AND EVALUATION.—

‘‘(A) IN GENERAL.—

‘‘(i) AUTHORIZATION.—The Secretary is authorized

to award grants to, or enter into contracts or cooperative agreements with, State educational agencies or

local educational agencies, institutions of higher education, tribal organizations, or other public or private

agencies or organizations to carry out research, development, dissemination, technical assistance, and evaluation activities that support or inform State and local

character education programs.

‘‘(ii) RESERVATION OF FUNDS.—The Secretary shall

reserve not more than 5 percent of the funds made

available under this section to carry out this paragraph.

‘‘(B) USES.—Funds made available under subparagraph (A) may be used for the following:

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‘‘(i) Conducting research and development activities that focus on matters such as—

‘‘(I) the extent to which schools are undertaking character education initiatives;

‘‘(II) the effectiveness of instructional models

for all students, including students with disabilities (including those with mental or physical disabilities);

‘‘(III) materials and curricula for use by programs in character education;

‘‘(IV) models of professional development in

character education;

‘‘(V) the development of measures of effectiveness for character education programs (which may

include the factors described in paragraph (3));

and

‘‘(VI) the effectiveness of State and local programs receiving funds under this section.

‘‘(ii) Providing technical assistance to State and

local programs, particularly on matters of program

evaluation.

‘‘(iii) Conducting evaluations of State and local

programs receiving funding under this section, that

may be conducted through a national clearinghouse

under clause (iv).

‘‘(iv) Compiling and disseminating, through a national clearinghouse or other means—

‘‘(I) information on model character education

programs;

‘‘(II) information about high quality character

education materials and curricula;

‘‘(III) research findings in the area of character education and character development; and

‘‘(IV) any other information that will be useful

to character education program participants nationwide, including educators, parents, and administrators.

‘‘(C) PARTNERSHIPS.—In carrying out national activities under this paragraph, the Secretary may enter into

partnerships with national nonprofit character education

organizations and institutions of higher education with expertise and successful experience in implementing—

‘‘(i) character education programs that had an effective impact on schools, students, students with disabilities (including those with mental or physical disabilities), and teachers; or

‘‘(ii) character education program evaluation and

research.

‘‘(D) PARTNERSHIP FOR ACTIVITIES UNDER SUBPARAGRAPH (B)(iv).—In carrying out national activities under

subparagraph (B)(iv), the Secretary may enter into a partnership with a national nonprofit character education organization that will disseminate information to educators,

parents, administrators, and others nationwide, including

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information about the range of model character education

programs, materials, and curricula.

‘‘(E) REPORT.—Each entity awarded a grant or entering

into a contract or cooperative agreement under this paragraph shall submit an annual report to the Secretary

that—

‘‘(i) describes the entity’s progress in carrying out

research, development, dissemination, evaluation, and

technical assistance under this paragraph;

‘‘(ii) identifies unmet and future information needs

in the field of character education; and

‘‘(iii) if applicable, describes the progress of the entity in carrying out the requirements of subparagraph

(B)(iv), including a listing of—

‘‘(I) the number of requests for information received by the entity in the course of carrying out

such requirements;

‘‘(II) the types of organizations making such

requests; and

‘‘(III) the types of information requested.

‘‘(3) FACTORS.—Factors that may be considered in evaluating the success of programs funded under this section include

the following:

‘‘(A) Discipline issues.

‘‘(B) Student academic achievement.

‘‘(C) Participation in extracurricular activities.

‘‘(D) Parental and community involvement.

‘‘(E) Faculty and administration involvement.

‘‘(F) Student and staff morale.

‘‘(G) Overall improvements in school climate for all students, including students with disabilities (including those

with mental or physical disabilities).

‘‘(i) PERMISSIVE MATCH.—

‘‘(1) IN GENERAL.—The Secretary may require eligible entities to match funds awarded under this section with non-Federal funds, except that the amount of the match may not exceed

the amount of the grant award.

‘‘(2) SLIDING SCALE.—The amount of a match under paragraph (1) shall be established based on a sliding scale that

takes into account—

‘‘(A) the poverty of the population to be targeted by the

eligible entity; and

‘‘(B) the ability of the eligible entity to obtain funding

for the match.

‘‘(3) IN-KIND CONTRIBUTIONS.—The Secretary shall permit

eligible entities to match funds in whole or in part with in-kind

contributions.

‘‘(4) CONSIDERATION.—Notwithstanding this subsection, the

Secretary in making awards under this section shall not consider the ability of an eligible entity to match funds.

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‘‘Subpart 4—Smaller Learning Communities

‘‘SEC. 5441. SMALLER LEARNING COMMUNITIES.

‘‘(a) GRANT AUTHORITY.—The Secretary is authorized to award

grants to local educational agencies to enable the agencies to create

a smaller learning community or communities.

‘‘(b) APPLICATION.—Each local educational agency desiring a

grant under this subpart shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. The application shall include descriptions of the following:

‘‘(1) Strategies and methods the local educational agency

will use to create the smaller learning community or communities.

‘‘(2) Curriculum and instructional practices, including any

particular themes or emphases, to be used in the smaller learning environment.

‘‘(3) The extent of involvement of teachers and other school

personnel in investigating, designing, implementing, and sustaining the smaller learning community or communities.

‘‘(4) The process to be used for involving students, parents,

and other stakeholders in the development and implementation

of the smaller learning community or communities.

‘‘(5) Any cooperation or collaboration among community

agencies, organizations, businesses, and others to develop or implement a plan to create the smaller learning community or

communities.

‘‘(6) The training and professional development activities

that will be offered to teachers and others involved in the activities assisted under this subpart.

‘‘(7) The objectives of the activities assisted under this subpart, including a description of how such activities will better

enable all students to reach challenging State academic content

standards and State student academic achievement standards.

‘‘(8) The methods by which the local educational agency

will assess progress in meeting the objectives described in paragraph (7).

‘‘(9) If the smaller learning community or communities exist

as a school-within-a-school, the relationship, including governance and administration, of the smaller learning community to

the remainder of the school.

‘‘(10) The administrative and managerial relationship between the local educational agency and the smaller learning

community or communities, including how such agency will

demonstrate a commitment to the continuity of the smaller

learning community or communities (including the continuity of

student and teacher assignment to a particular learning community).

‘‘(11) How the local educational agency will coordinate or

use funds provided under this subpart with other funds provided under this Act or other Federal laws.

‘‘(12) The grade levels or ages of students who will participate in the smaller learning community or communities.

‘‘(13) The method of placing students in the smaller learning community or communities, such that students are not

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placed according to ability or any other measure, but are placed

at random or by their own choice, and not pursuant to testing

or other judgments.

‘‘(c) AUTHORIZED ACTIVITIES.—Funds under this section may be

used for one or more of the following: ‘‘(1) To study— ‘‘(A) the feasibility of creating the smaller learning

community or communities; and ‘‘(B) effective and innovative organizational and instructional strategies that will be used in the smaller learning community or communities.

‘‘(2) To research, develop, and implement— ‘‘(A) strategies for creating the smaller learning community or communities; and ‘‘(B) strategies for effective and innovative changes in

curriculum and instruction, geared to challenging State

academic content standards and State student academic

achievement standards.

‘‘(3) To provide professional development for school staff in

innovative teaching methods that— ‘‘(A) challenge and engage students; and

‘‘(B) will be used in the smaller learning community or

communities.

‘‘(4) To develop and implement strategies to include parents, business representatives, local institutions of higher education, community-based organizations, and other community

members in the smaller learning communities as facilitators of

activities that enable teachers to participate in professional development activities and provide links between students and

their community.

‘‘Subpart 5—Reading is Fundamental—Inexpensive Book

Distribution Program

‘‘SEC. 5451. INEXPENSIVE BOOK DISTRIBUTION PROGRAM FOR READING MOTIVATION.

‘‘(a) PURPOSE.—The purpose of this subpart is to establish and

implement a model partnership between a governmental entity and

a private entity, to help prepare young children for reading and to

motivate older children to read, through the distribution of inexpensive books. Local reading motivation programs assisted under this

section shall use such assistance to provide books, training for volunteers, motivational activities, and other essential literacy resources and shall assign the highest priority to serving the youngest

and neediest children in the United States.

‘‘(b) AUTHORIZATION.—The Secretary is authorized to enter into

a contract with Reading Is Fundamental (RIF) (hereafter in this

section referred to as the ‘contractor’) to support and promote programs, which include the distribution of inexpensive books to young

and school-age children, that motivate children to read.

‘‘(c) REQUIREMENTS OF CONTRACT.—Any contract entered into

under subsection (b) shall contain each of the following:

‘‘(1) A provision that the contractor will enter into subcontracts with local private nonprofit groups or organizations,

or with public agencies, under which each subcontractor will

agree to establish, operate, and provide the non-Federal share

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of the cost of reading motivation programs that include the distribution of books, by gift (to the extent feasible) or by loan, to

children from birth through secondary school age, including

children in family literacy programs. ‘‘(2) A provision that funds made available to subcontractors will be used only to pay the Federal share of the cost of

such programs. ‘‘(3) A provision that, in selecting subcontractors for initial

funding, the contractor will give priority to programs that will

serve a substantial number or percentage of children with special needs, such as the following: ‘‘(A) Low-income children, particularly in high-poverty

areas. ‘‘(B) Children at risk of school failure.

‘‘(C) Children with disabilities.

‘‘(D) Foster children.

‘‘(E) Homeless children.

‘‘(F) Migrant children.

‘‘(G) Children without access to libraries.

‘‘(H) Institutionalized or incarcerated children.

‘‘(I) Children whose parents are institutionalized or incarcerated.

‘‘(4) A provision that the contractor will provide such training and technical assistance to subcontractors as may be necessary to carry out the purpose of this subpart. ‘‘(5) A provision that the contractor will annually report to

the Secretary the number, and a description, of programs funded under paragraph (3). ‘‘(6) Such other terms and conditions as the Secretary determines to be appropriate to ensure the effectiveness of such programs.

‘‘(d) RESTRICTION ON PAYMENTS.—The Secretary shall make no

payment of the Federal share of the cost of acquiring and distributing books under any contract under this section unless the Secretary determines that the contractor or subcontractor, as the case

may be, has made arrangements with book publishers or distributors to obtain books at discounts at least as favorable as discounts

that are customarily given by such publisher or distributor for book

purchases made under similar circumstances in the absence of Federal assistance. ‘‘(e) SPECIAL RULES FOR CERTAIN SUBCONTRACTORS.—

‘‘(1) FUNDS FROM OTHER FEDERAL SOURCES.—Subcontractors operating programs under this section in low-income communities with a substantial number or percentage of children

with special needs, as described in subsection (c)(3), may use

funds from other Federal sources to pay the non-Federal share

of the cost of the program, if those funds do not comprise more

than 50 percent of the non-Federal share of the funds used for

the cost of acquiring and distributing books. ‘‘(2) WAIVER AUTHORITY.—Notwithstanding subsection (c),

the contractor may waive, in whole or in part, the requirement

in subsection (c)(1) for a subcontractor, if the subcontractor

demonstrates that it would otherwise not be able to participate

in the program, and enters into an agreement with the contractor with respect to the amount of the non-Federal share to

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which the waiver will apply. In a case in which such a waiver

is granted, the requirement in subsection (c)(2) shall not apply.

‘‘(f) MULTI-YEAR CONTRACTS.—The contractor may enter into a

multi-year subcontract under this section, if—

‘‘(1) the contractor believes that such subcontract will provide the subcontractor with additional leverage in seeking local

commitments; and

‘‘(2) the subcontract does not undermine the finances of the

national program.

‘‘(g) FEDERAL SHARE DEFINED.—In this section, the term ‘Federal share’ means, with respect to the cost to a subcontractor of purchasing books to be paid for under this section, 75 percent of such

costs to the subcontractor, except that the Federal share for programs serving children of migrant or seasonal farmworkers shall be

100 percent of such costs to the subcontractor.

‘‘Subpart 6—Gifted and Talented Students

‘‘SEC. 5461. SHORT TITLE.

‘‘This subpart may be cited as the ‘Jacob K. Javits Gifted and

Talented Students Education Act of 2001’.

‘‘SEC. 5462. PURPOSE.

‘‘The purpose of this subpart is to initiate a coordinated program of scientifically based research, demonstration projects, innovative strategies, and similar activities designed to build and enhance the ability of elementary schools and secondary schools nationwide to meet the special educational needs of gifted and talented

students.

‘‘SEC. 5463. RULE OF CONSTRUCTION.

‘‘Nothing in this subpart shall be construed to prohibit a recipient of funds under this subpart from serving gifted and talented

students simultaneously with students with similar educational

needs, in the same educational settings, where appropriate.

‘‘SEC. 5464. AUTHORIZED PROGRAMS.

‘‘(a) ESTABLISHMENT OF PROGRAM.—

‘‘(1) IN GENERAL.—The Secretary (after consultation with

experts in the field of the education of gifted and talented students) is authorized to make grants to, or enter into contracts

with, State educational agencies, local educational agencies, institutions of higher education, other public agencies, and other

private agencies and organizations (including Indian tribes and

Indian organizations (as such terms are defined in section 4 of

the Indian Self-Determination and Education Assistance Act

(25 U.S.C. 450b)) and Native Hawaiian organizations) to assist

such agencies, institutions, and organizations in carrying out

programs or projects authorized by this subpart that are designed to meet the educational needs of gifted and talented students, including the training of personnel in the education of

gifted and talented students and in the use, where appropriate,

of gifted and talented services, materials, and methods for all

students.

‘‘(2) APPLICATION.—Each entity seeking assistance under

this subpart shall submit an application to the Secretary at

such time, in such manner, and containing such information as

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the Secretary may reasonably require. Each such application

shall describe how—

‘‘(A) the proposed gifted and talented services, materials, and methods can be adapted, if appropriate, for use

by all students; and

‘‘(B) the proposed programs can be evaluated.

‘‘(b) USE OF FUNDS.—Programs and projects assisted under this

section may include each of the following:

‘‘(1) Conducting—

‘‘(A) scientifically based research on methods and techniques for identifying and teaching gifted and talented students and for using gifted and talented programs and

methods to serve all students; and

‘‘(B) program evaluations, surveys, and the collection,

analysis, and development of information needed to accomplish the purpose of this subpart.

‘‘(2) Carrying out professional development (including fellowships) for personnel (including leadership personnel) involved in the education of gifted and talented students.

‘‘(3) Establishing and operating model projects and exemplary programs for serving gifted and talented students, including innovative methods for identifying and educating students

who may not be served by traditional gifted and talented programs (such as summer programs, mentoring programs, service

learning programs, and cooperative programs involving business, industry, and education).

‘‘(4) Implementing innovative strategies, such as cooperative

learning, peer tutoring, and service learning.

‘‘(5) Carrying out programs of technical assistance and information dissemination, including assistance and information

with respect to how gifted and talented programs and methods,

where appropriate, may be adapted for use by all students.

‘‘(6) Making materials and services available through State

regional educational service centers, institutions of higher education, or other entities.

‘‘(7) Providing funds for challenging, high-level course

work, disseminated through technologies (including distance

learning), for individual students or groups of students in

schools and local educational agencies that would not otherwise

have the resources to provide such course work.

‘‘(c) SPECIAL RULE.—To the extent that funds appropriated to

carry out this subpart for a fiscal year beginning with fiscal year

2002 exceed such funds appropriated for fiscal year 2001, the Secretary shall use such excess funds to award grants, on a competitive

basis, to State educational agencies, local educational agencies, or

both, to implement activities described in subsection (b).

‘‘(d) CENTER FOR RESEARCH AND DEVELOPMENT.—

‘‘(1) IN GENERAL.—The Secretary (after consultation with

experts in the field of the education of gifted and talented students) shall establish a National Research Center for the Education of Gifted and Talented Children and Youth through

grants to, or contracts with, one or more institutions of higher

education or State educational agencies, or a combination or

consortium of such institutions and agencies and other public

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or private agencies and organizations, for the purpose of carrying out activities described in subsection (b).

‘‘(2) DIRECTOR.—The National Center shall be headed by a

Director. The Secretary may authorize the Director to carry out

such functions of the National Center as may be agreed upon

through arrangements with institutions of higher education,

State educational agencies, local educational agencies, or other

public or private agencies and organizations.

‘‘(3) FUNDING.—The Secretary may use not more than 30

percent of the funds made available under this subpart for fiscal year 2001 to carry out this subsection.

‘‘(e) COORDINATION.—Scientifically based research activities

supported under this subpart—

‘‘(1) shall be carried out in consultation with the Office of

Educational Research and Improvement to ensure that such activities are coordinated with and enhance the research and development activities supported by such Office; and

‘‘(2) may include collaborative scientifically based research

activities which are jointly funded and carried out with such

Office.

‘‘SEC. 5465. PROGRAM PRIORITIES.

‘‘(a) GENERAL PRIORITY.—In carrying out this subpart, the Secretary shall give highest priority to programs and projects designed

to develop new information that—

‘‘(1) improves the capability of schools to plan, conduct, and

improve programs to identify and serve gifted and talented students; and

‘‘(2) assists schools in the identification of, and provision of

services to, gifted and talented students (including economically

disadvantaged individuals, individuals with limited English

proficiency, and individuals with disabilities) who may not be

identified and served through traditional assessment methods.

‘‘(b) SERVICE PRIORITY.—The Secretary shall ensure that not

less than 50 percent of the applications approved under section

5464(a)(2) in a fiscal year address the priority described in subsection (a)(2).

‘‘SEC. 5466. GENERAL PROVISIONS.

‘‘(a) PARTICIPATION OF PRIVATE SCHOOL CHILDREN AND TEACHERS.—In making grants and entering into contracts under this subpart, the Secretary shall ensure, where appropriate, that provision

is made for the equitable participation of students and teachers in

private nonprofit elementary schools and secondary schools, including the participation of teachers and other personnel in professional

development programs serving such students.

‘‘(b) REVIEW, DISSEMINATION, AND EVALUATION.—The Secretary

shall—

‘‘(1) use a peer review process in reviewing applications

under this subpart;

‘‘(2) ensure that information on the activities and results of

programs and projects funded under this subpart is disseminated to appropriate State educational agencies, local educational agencies, and other appropriate organizations, including nonprofit private organizations; and

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‘‘(3) evaluate the effectiveness of programs under this subpart in accordance with section 9601, in terms of the impact on

students traditionally served in separate gifted and talented

programs and on other students, and submit the results of such

evaluation to Congress not later than 2 years after the date of

enactment of the No Child Left Behind Act of 2001.

‘‘(c) PROGRAM OPERATIONS.—The Secretary shall ensure that

the programs under this subpart are administered within the Department by a person who has recognized professional qualifications

and experience in the field of the education of gifted and talented

students and who shall—

‘‘(1) administer and coordinate the programs authorized

under this subpart;

‘‘(2) serve as a focal point of national leadership and information on the educational needs of gifted and talented students

and the availability of educational services and programs designed to meet such needs;

‘‘(3) assist the Assistant Secretary for Educational Research

and Improvement in identifying research priorities that reflect

the needs of gifted and talented students; and

‘‘(4) shall disseminate, and consult on, the information developed under this subpart with other offices within the Department.

‘‘Subpart 7—Star Schools Program

‘‘SEC. 5471. SHORT TITLE.

‘‘This subpart may be cited as the ‘Star Schools Act’.

‘‘SEC. 5472. PURPOSES.

‘‘The purposes of this subpart are the following:

‘‘(1) To encourage improved instruction in mathematics,

science, and foreign languages as well as other subjects (such

as literacy skills and vocational education).

‘‘(2) To serve underserved populations, including disadvantaged, illiterate, limited English proficient populations, and individuals with disabilities through a Star Schools program

under which grants are made to eligible telecommunication

partnerships to enable such partnerships—

‘‘(A) to develop, construct, acquire, maintain, and operate telecommunications audio and visual facilities and

equipment;

‘‘(B) to develop and acquire educational and instructional programming; and

‘‘(C) to obtain technical assistance for the use of such

facilities and instructional programming.

‘‘SEC. 5473. GRANT PROGRAM AUTHORIZED.

‘‘(a) AUTHORIZATION.—The Secretary, in conjunction with the

Office of Educational Technology, is authorized to make grants, in

accordance with the provisions of this subpart, to eligible entities to

pay the Federal share of the cost of the following:

‘‘(1) Development, construction, acquisition, maintenance,

and operation of telecommunications facilities and equipment.

‘‘(2) Development and acquisition of live, interactive instructional programming.

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‘‘(3) Development and acquisition of preservice and inservice teacher training programs based on established research regarding teacher-to-teacher mentoring, and ongoing, in-class instruction.

‘‘(4) Establishment of teleconferencing facilities and resources for making interactive training available to teachers.

‘‘(5) Obtaining technical assistance.

‘‘(6) Coordination of the design and connectivity of telecommunications networks to reach the greatest number of

schools.

‘‘(b) DURATION AND AMOUNT.—

‘‘(1) IN GENERAL.—A grant under this section may not

exceed—

‘‘(A) 5 years in duration (subject to subsection (c)); and

‘‘(B) $10,000,000 in any single fiscal year.

‘‘(c) RENEWAL.—

‘‘(1) IN GENERAL.—Grants awarded under subsection (a)

may be renewed for a single additional period of 3 years.

‘‘(2) CONTINUING ELIGIBILITY.—In order to be eligible to receive a grant renewal under this subsection, a grant recipient

shall demonstrate, to the satisfaction of the Secretary, in an addendum to its application submitted under section 5474, that

the grant recipient will—

‘‘(A) continue to provide services in the subject areas

and geographic areas assisted with funds received under

this subpart for the previous grant period; and

‘‘(B) use all grant funds received under this subpart for

the 3-year renewal period to provide expanded services by—

‘‘(i) increasing the number of students, schools, or

school districts served by the courses of instruction assisted under this part in the previous fiscal year;

‘‘(ii) providing new courses of instruction; and

‘‘(iii) serving new populations of underserved individuals, such as children or adults who are disadvantaged, have limited English proficiency, are individuals with disabilities, are illiterate, or lack secondary

school diplomas or their recognized equivalent.

‘‘(3) SUPPLEMENT, NOT SUPPLANT.—Grant funds received

under this subsection shall be used to supplement, and not supplant, services provided by the grant recipient under this subpart in the previous fiscal year.

‘‘(d) RESERVATIONS.—

‘‘(1) INSTRUCTIONAL PROGRAMMING.—At least 25 percent of

the funds made available to the Secretary for any fiscal year

under this subpart shall be used for the cost of instructional

programming.

‘‘(2) LOCAL EDUCATIONAL AGENCY ASSISTANCE.—At least 50

percent of the funds available in any fiscal year under this subpart shall be used for the cost of facilities, equipment, teacher

training or retraining, technical assistance, or programming,

for local educational agencies that are eligible to receive assistance under part A of title I.

‘‘(e) FEDERAL SHARE.—

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‘‘(1) AMOUNT.—The Federal share of the cost of projects

funded under this section shall not exceed the following

amounts:‘‘(A) 75 percent for the first and second years for which

an eligible telecommunications partnership receives a grant

under this subpart. ‘‘(B) 60 percent for the third and fourth such years.

‘‘(C) 50 percent for the fifth such year. ‘‘(2) REDUCTION OR WAIVER.—The Secretary may reduce or

waive the corresponding non-Federal share under paragraph (1)

upon a showing of financial hardship.

‘‘(f) REQUIRED LOCAL EDUCATIONAL AGENCY PARTICIPATION.— The Secretary is authorized to make a grant under this section to

any eligible entity, if at least one local educational agency is participating in the proposed program. ‘‘(g) ASSISTANCE OBTAINING SATELLITE TIME.—The Secretary

may assist recipients of grants made under this section in acquiring

satellite time, where appropriate, as economically as possible.

‘‘SEC. 5474. APPLICATIONS.

‘‘(a) SUBMISSION.—Each eligible entity that desires to receive a

grant under section 5473 shall submit an application to the Secretary, at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require.‘‘(b) CONTENTS.—An application submitted under subsection (a)

shall include each of the following: ‘‘(1) A description of how the proposed program will assist

all students to have an opportunity to meet challenging State

academic achievement standards, how such program will assist

State and local educational reform efforts, and how such program will contribute to creating a high-quality system of educational development. ‘‘(2) A description of the telecommunications facilities and

equipment and technical assistance for which assistance is

sought, which may include— ‘‘(A) the design, development, construction, acquisition,

maintenance, and operation of State or multistate educational telecommunications networks and technology resource centers; ‘‘(B) microwave, fiber optics, cable, and satellite transmission equipment or any combination thereof; ‘‘(C) reception facilities;

‘‘(D) satellite time;

‘‘(E) production facilities;

‘‘(F) other telecommunications equipment capable of

serving a wide geographic area; ‘‘(G) the provision of training services to instructors

who will be using the facilities and equipment for which

assistance is sought, including training in using such facilities and equipment and training in integrating programs into the classroom curriculum; and ‘‘(H) the development of educational and related programming for use on a telecommunications network.

‘‘(3) In the case of an application for assistance for instructional programming, a description of the types of programming

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that will be developed to enhance instruction and training and

provide an assurance that such programming will be designed

in consultation with professionals (including classroom teachers) who are experts in the applicable subject matter and grade

level.‘‘(4) A description of how the eligible entity has engaged in

sufficient survey and analysis of the area to be served to ensure

that the services offered by the eligible entity will increase the

availability of courses of instruction in English, mathematics,

science, foreign languages, arts, history, geography, or other disciplines. ‘‘(5) A description of the professional development policies

for teachers and other school personnel to be implemented to ensure the effective use of the telecommunications facilities and

equipment for which assistance is sought. ‘‘(6) A description of the manner in which historically underserved students (such as students from low-income families,

limited English proficient students, students with disabilities,

or students who have low literacy skills) and their families, will

participate in the benefits of the telecommunications facilities,

equipment, technical assistance, and programming assisted

under this subpart. ‘‘(7) A description of how existing telecommunications

equipment, facilities, and services, where available, will be

used.‘‘(8) An assurance that the financial interest of the United

States in the telecommunications facilities and equipment will

be protected for the useful life of such facilities and equipment. ‘‘(9) An assurance that a significant portion of any facilities

and equipment, technical assistance, and programming for

which assistance is sought for elementary schools and secondary schools will be made available to schools or local educational agencies that have a high number or percentage of

children eligible to be counted under part A of title I.

‘‘(10) An assurance that the applicant will use the funds

provided under this subpart to supplement, and not supplant,

funds available for the purposes of this subpart.

‘‘(11) A description of how funds received under this subpart will be coordinated with funds received for educational

technology in the classroom.

‘‘(12) A description of the activities or services for which assistance is sought, such as—

‘‘(A) providing facilities, equipment, training services,

and technical assistance;

‘‘(B) making programs accessible to students with disabilities through mechanisms such as closed captioning

and descriptive video services;

‘‘(C) linking networks around issues of national importance (such as elections) or to provide information about

employment opportunities, job training, or student and

other social service programs;

‘‘(D) sharing curriculum resources between networks

and development of program guides which demonstrate cooperative, cross-network listing of programs for specific curriculum areas;

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‘‘(E) providing teacher and student support services, including classroom and training support materials which

permit student and teacher involvement in the live interactive distance learning telecasts;

‘‘(F) incorporating community resources, such as libraries and museums, into instructional programs;

‘‘(G) providing professional development for teachers,

including, as appropriate, training to early childhood development and Head Start teachers and staff and vocational education teachers and staff, and adult and family

educators;

‘‘(H) providing programs for adults to maximize the use

of telecommunications facilities and equipment;

‘‘(I) providing teacher training on proposed or established models of exemplary academic content standards in

mathematics and science and other disciplines as such

standards are developed; and

‘‘(J) providing parent education programs during and

after the regular school day which reinforce a student’s

course of study and actively involve parents in the learning

process.

‘‘(13) A description of how the proposed program as a whole

will be financed and how arrangements for future financing

will be developed before the program expires.

‘‘(14) An assurance that a significant portion of any facilities, equipment, technical assistance, and programming for

which assistance is sought for elementary schools and secondary schools will be made available to schools in local educational agencies that have a high percentage of children counted for the purpose of part A of title I.

‘‘(15) An assurance that the applicant will provide such information and cooperate in any evaluation that the Secretary

may conduct under this subpart.

‘‘(16) Such additional assurances as the Secretary may reasonably require.

‘‘(c) APPROVAL.—In approving applications submitted under

subsection (a) for grants under section 5473, the Secretary shall—

‘‘(1) to the extent feasible, ensure an equitable geographic

distribution of services provided under this subpart.

‘‘(2) give priority to applications describing programs that—

‘‘(A) propose high-quality plans, will provide instruction consistent with State academic content standards, or

will otherwise provide significant and specific assistance to

States and local educational agencies undertaking systemic

education reform;

‘‘(B) will provide services to programs serving adults,

especially parents, with low levels of literacy;

‘‘(C) will serve schools with significant numbers of children counted for the purposes of part A of title I;

‘‘(D) ensure that the eligible entity will—

‘‘(i) serve the broadest range of institutions, programs providing instruction outside of the school setting, programs serving adults, especially parents, with

low levels of literacy, institutions of higher education,

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teacher training centers, research institutes, and private industry; ‘‘(ii) have substantial academic and teaching capabilities, including the capability of training, retraining,

and inservice upgrading of teaching skills and the capability to provide professional development; ‘‘(iii) provide a comprehensive range of courses for

educators to teach instructional strategies for students

with different skill levels; ‘‘(iv) provide training to participating educators in

ways to integrate telecommunications courses into existing school curriculum; ‘‘(v) provide instruction for students, teachers, and

parents; ‘‘(vi) serve a multistate area; and

‘‘(vii) give priority to the provision of equipment

and linkages to isolated areas; and

‘‘(E) involve a telecommunications entity (such as a satellite, cable, telephone, computer, or public or private television stations) participating in the eligible entity and donating equipment or in-kind services for telecommunications linkages.

‘‘SEC. 5475. OTHER GRANT ASSISTANCE.

‘‘(a) SPECIAL STATEWIDE NETWORK.— ‘‘(1) IN GENERAL.—The Secretary, in conjunction with the

Office of Educational Technology, may provide assistance to a

statewide telecommunications network if such network— ‘‘(A) provides 2-way full-motion interactive video and

audio communications; ‘‘(B) links together public colleges and universities and

secondary schools throughout the State; and ‘‘(C) meets any other requirements determined appropriate by the Secretary.

‘‘(2) MATCHING CONTRIBUTION.—A statewide telecommunications network assisted under paragraph (1) shall contribute,

either directly or through private contributions, non-Federal

funds equal to not less than 50 percent of the cost of such network.

‘‘(b) SPECIAL LOCAL NETWORK.— ‘‘(1) IN GENERAL.—The Secretary is authorized to provide

assistance, on a competitive basis, to a local educational agency,

or a consortium of such agencies, to enable such agency or consortium to establish a high-technology demonstration program.

‘‘(2) PROGRAM REQUIREMENTS.—A high-technology demonstration program assisted under paragraph (1) shall—

‘‘(A) include 2-way full-motion interactive video, audio,

and text communications;

‘‘(B) link together elementary schools and secondary

schools, colleges, and universities;

‘‘(C) provide parent participation and family programs;

‘‘(D) include a staff development program; and

‘‘(E) have a significant contribution and participation

from business and industry.

‘‘(3) MATCHING REQUIREMENT.—A local educational agency

or consortium receiving a grant under paragraph (1) shall proVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00421 Fmt 6659 Sfmt 6603 E:\HR\OC\A334HR.169 pfrm07 PsN: A334HR
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vide, either directly or through private contributions, non-Federal matching funds equal to not less than 50 percent of the

amount of the grant.

‘‘(c) TELECOMMUNICATIONS PROGRAMS FOR CONTINUING EDUCATION.—

‘‘(1) AUTHORITY.—The Secretary is authorized to award

grants, on a competitive basis, to eligible entities to develop and

operate one or more programs that provide online access to educational resources in support of continuing education and curriculum requirements relevant to achieving a secondary school

diploma or its recognized equivalent. The program authorized

by this subsection shall be designed to advance adult literacy,

secondary school completion, and the acquisition of specified

competency by the end of the 12th grade.

‘‘(2) APPLICATIONS.—Each eligible entity desiring a grant

under this subsection shall submit an application to the Secretary. The application shall include each of the following:

‘‘(A) A demonstration that the applicant will use publicly funded or free public telecommunications infrastructure to deliver video, voice, and data in an integrated service to support and assist in the acquisition of a secondary

school diploma or its recognized equivalent.

‘‘(B) An assurance that the content of the materials to

be delivered is consistent with the accreditation requirements of the State for which such materials are used.

‘‘(C) To the extent feasible, materials developed in the

Federal departments and agencies and under appropriate

federally funded programs.

‘‘(D) An assurance that the applicant has the technological and substantive experience to carry out the program.

‘‘(E) Such additional assurances as the Secretary may

reasonably require.

‘‘SEC. 5476. ADMINISTRATIVE PROVISIONS.

‘‘(a) LEADERSHIP, EVALUATION, AND PEER REVIEW.—

‘‘(1) RESERVATION OF FUNDS.—The Secretary may reserve

not more than 5 percent of the amount made available to carry

out this subpart for a fiscal year for national leadership, evaluation, and peer review activities, which the Secretary may

carry out directly or through grants, contracts, and cooperative

agreements.

‘‘(2) LEADERSHIP.—Funds reserved for leadership activities

under paragraph (1) may be used for—

‘‘(A) disseminating information, including lists and descriptions of services available from grant recipients under

this subpart; and

‘‘(B) other activities designed to enhance the quality of

distance learning activities nationwide.

‘‘(3) EVALUATION.—Funds reserved for evaluation activities

under paragraph (1) may be used to conduct independent evaluations of the activities assisted under this subpart and of distance learning in general, including—

‘‘(A) analyses of distance learning efforts (including

such efforts that are, or are not, assisted under this subpart); and

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‘‘(B) comparisons of the effects (including student outcomes) of different technologies in distance learning efforts.

‘‘(4) PEER REVIEW.—Funds reserved for peer review activities under paragraph (1) may be used for peer review of— ‘‘(A) applications for grants under this subpart; and

‘‘(B) activities assisted under this subpart. ‘‘(b) COORDINATION.—The Department, the National Science

Foundation, the Department of Agriculture, the Department of Commerce, and any other Federal department or agency operating a telecommunications network for educational purposes, shall coordinate

the activities assisted under this subpart with the activities of such

department or agency relating to a telecommunications network for

educational purposes. ‘‘(c) FUNDS FROM OTHER AGENCIES.—The Secretary may accept

funds from other Federal departments or agencies to carry out the

purposes of this subpart, including funds for the purchase of equipment.‘‘(d) AVAILABILITY OF FUNDS.—Funds made available to carry

out this subpart shall remain available until expended. ‘‘(e) CLOSED CAPTIONING AND DESCRIPTIVE VIDEO.—The Secretary shall encourage each entity receiving funds under this subpart to provide— ‘‘(1) closed captioning of the verbal content of the entity’s

programming, as appropriate; and ‘‘(2) descriptive video of the visual content of the entity’s

programming, as appropriate.

‘‘SEC. 5477. DEFINITIONS.

‘‘In this subpart: ‘‘(1) EDUCATIONAL INSTITUTION.—The term ‘educational institution’ means an institution of higher education, a local educational agency, or a State educational agency. ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible entity’ includes

any of the following that is organized on a Statewide or

multistate basis: ‘‘(A) A public agency or corporation established for the

purpose of developing and operating telecommunications

networks to enhance educational opportunities provided by

educational institutions, teacher training centers, and other

entities, except that any such agency or corporation shall

represent the interests of elementary schools and secondary

schools that are eligible to participate in the program under

part A of title I.

‘‘(B) A partnership that will provide telecommunications services and that includes three or more of the following entities, at least one of which shall be an agency described in clause (i) or (ii): ‘‘(i) A local educational agency that serves a significant number of elementary schools and secondary

schools that are eligible for assistance under part A of

title I, or elementary schools and secondary schools operated or funded for Indian children by the Department of the Interior eligible under section

1121(d)(1)(A).

‘‘(ii) A State educational agency.

‘‘(iii) An adult and family education program.

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‘‘(iv) An institution of higher education or a State

higher education agency (as that term is defined in section 103 of the Higher Education Act of 1965 (20

U.S.C. 1003)).

‘‘(v) A teacher training center or academy that—

‘‘(I) provides teacher preservice and inservice

training; and

‘‘(II) receives Federal financial assistance or

has been approved by a State agency;

‘‘(vi)(I) A public or private entity with experience

and expertise in the planning and operation of a telecommunications network, including entities involved in

telecommunications through satellite, cable, telephone,

or computer; or

‘‘(II) a public broadcasting entity with such experience.

‘‘(vii) A public or private elementary school or secondary school.

‘‘(3) INSTRUCTIONAL PROGRAMMING.—The term ‘instructional programming’ means courses of instruction and training

courses for elementary and secondary students, teachers, and

others, and materials for use in such instruction and training

that have been prepared in audio and visual form on tape, disc,

film, or live, and presented by means of telecommunications devices.

‘‘(4) PUBLIC BROADCASTING ENTITY.—The term ‘public

broadcasting entity’ has the same meaning given such term in

section 397 of the Communications Act of 1934 (47 U.S.C. 397).

‘‘Subpart 8—Ready to Teach

‘‘SEC. 5481. GRANTS.

‘‘(a) IN GENERAL.—The Secretary is authorized to award grants

to a nonprofit telecommunications entity, or partnership of such entities, for the purpose of carrying out a national telecommunications-based program to improve teaching in core curriculum

areas. The program shall be designed to assist elementary school

and secondary school teachers in preparing all students to achieve

challenging State academic content and student academic achievement standards in core curriculum areas.

‘‘(b) DIGITAL EDUCATIONAL PROGRAMMING.—The Secretary is

authorized to award grants, as provided for in section 5484, to eligible entities described in subsection (b) of such section, to enable such

entities to develop, produce, and distribute innovative educational

and instructional video programming that is designed for use by elementary schools and secondary schools and based on challenging

State academic content and student academic achievement standards. In awarding such grants, the Secretary shall ensure that eligible entities enter into multiyear content development collaborative

arrangements with State educational agencies, local educational

agencies, institutions of higher education, businesses, or other agencies or organizations.

‘‘SEC. 5482. APPLICATION REQUIRED.

‘‘(a) GENERAL APPLICATION.—

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‘‘(1) IN GENERAL.—To be eligible to receive a grant under

section 5481(a), a nonprofit telecommunications entity, or partnership of such entities shall submit an application to the Secretary. Each such application shall—

‘‘(A) demonstrate that the applicant will use the public

broadcasting infrastructure, the Internet, and school digital

networks, where available, to deliver video and data in an

integrated service to train teachers in the use of materials

and learning technologies for achieving challenging State

academic content and student academic achievement standards;

‘‘(B) ensure that the project for which assistance is

sought will be conducted in cooperation with appropriate

State educational agencies, local educational agencies, and

State or local nonprofit public telecommunications entities;

‘‘(C) ensure that a significant portion of the benefits

available for elementary schools and secondary schools

from the project for which assistance is sought will be

available to schools of local educational agencies that have

a high percentage of children counted for the purpose of

part A of title I; and

‘‘(D) contain such additional assurances as the Secretary may reasonably require.

‘‘(2) SITES.—In approving applications under paragraph

(1), the Secretary shall ensure that the program authorized by

section 5481(a) is conducted at elementary school and secondary

school sites throughout the United States.

‘‘(b) PROGRAMMING APPLICATION.—To be eligible to receive a

grant under section 5481(b), an entity shall submit an application

to the Secretary at such time, in such manner, and accompanied by

such information as the Secretary may reasonably require.

‘‘SEC. 5483. REPORTS AND EVALUATION.

‘‘An entity receiving a grant under section 5481(a) shall prepare

and submit to the Secretary an annual report that contains such information as the Secretary may require. At a minimum, such report

shall describe the program activities undertaken with funds received

under the grant, including—

‘‘(1) the core curriculum areas for which program activities

have been undertaken and the number of teachers using the

program in each core curriculum area; and

‘‘(2) the States in which teachers using the program are located.

‘‘SEC. 5484. DIGITAL EDUCATIONAL PROGRAMMING GRANTS.

‘‘(a) GRANTS.—The Secretary is authorized to award grants

under section 5481(b) to eligible entities to facilitate the development

of educational programming that shall—

‘‘(1) include student assessment tools to provide feedback on

student academic achievement;

‘‘(2) include built-in teacher utilization and support components to ensure that teachers understand and can easily use the

content of the programming with group instruction or for individual student use;

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‘‘(3) be created for, or adaptable to, challenging State academic content standards and student academic achievement

standards; and

‘‘(4) be capable of distribution through digital broadcasting

and school digital networks.

‘‘(b) ELIGIBLE ENTITIES.—To be eligible to receive a grant under

section 5481(b), an entity shall be a local public telecommunications

entity, as defined in section 397(12) of the Communications Act of

1934, that is able to demonstrate a capacity for the development and

distribution of educational and instructional television programming of high quality.

‘‘(c) COMPETITIVE BASIS.—Grants under section 5481(b) shall be

awarded on a competitive basis as determined by the Secretary.

‘‘(d) MATCHING REQUIREMENT.—To be eligible to receive a grant

under section 5481(b), an entity shall contribute to the activities assisted under such grant non-Federal matching funds in an amount

equal to not less than 100 percent of the amount of the grant. Such

matching funds may include funds provided for the transition to

digital broadcasting, as well as in-kind contributions.

‘‘(e) DURATION.—A grant under section 5481(b) shall be awarded for a period of 3 years in order to provide a sufficient period of

time for the creation of a substantial body of significant content.

‘‘SEC. 5485. ADMINISTRATIVE COSTS.

‘‘An entity that receives a grant under this subpart may not use

more than 5 percent of the amount received under the grant for administrative costs.

‘‘Subpart 9—Foreign Language Assistance Program

‘‘SEC. 5491. SHORT TITLE.

‘‘This subpart may be cited as the ‘Foreign Language Assistance

Act of 2001’.

‘‘SEC. 5492. PROGRAM AUTHORIZED.

‘‘(a) PROGRAM AUTHORITY.—

‘‘(1) IN GENERAL.—The Secretary is authorized to make

grants, on a competitive basis, to State educational agencies or

local educational agencies to pay the Federal share of the cost

of innovative model programs providing for the establishment,

improvement, or expansion of foreign language study for elementary school and secondary school students.

‘‘(2) DURATION.—Each grant under paragraph (1) shall be

awarded for a period of 3 years.

‘‘(b) REQUIREMENTS.—

‘‘(1) GRANTS TO STATE EDUCATIONAL AGENCIES.—In awarding a grant under subsection (a) to a State educational agency,

the Secretary shall support programs that promote systemic approaches to improving foreign language learning in the State.

‘‘(2) GRANTS TO LOCAL EDUCATIONAL AGENCIES.—In awarding a grant under subsection (a) to a local educational agency,

the Secretary shall support programs that—

‘‘(A) show the promise of being continued beyond the

grant period;

‘‘(B) demonstrate approaches that can be disseminated

and duplicated in other local educational agencies; and

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‘‘(C) may include a professional development component.

‘‘(c) FEDERAL SHARE.—

‘‘(1) IN GENERAL.—The Federal share for each fiscal year

shall be 50 percent.

‘‘(2) WAIVER.—Notwithstanding paragraph (1), the Secretary may determine the Federal share for any local educational agency which the Secretary determines does not have

adequate resources to pay the non-Federal share of the cost of

the activities assisted under this subpart.

‘‘(d) SPECIAL RULE.—Not less than 3⁄4 of the funds made available under section 5401 to carry out this subpart shall be used for

the expansion of foreign language learning in the elementary

grades.

‘‘(e) RESERVATION.—The Secretary may reserve not more than 5

percent of funds made available under section 5401 to carry out this

subpart for a fiscal year to evaluate the efficacy of programs assisted under this subpart.

‘‘SEC. 5493. APPLICATIONS.

‘‘(a) IN GENERAL.—Any State educational agency or local educational agency desiring a grant under this subpart shall submit an

application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require.

‘‘(b) SPECIAL CONSIDERATION.—The Secretary shall give special

consideration to applications describing programs that—

‘‘(1) include intensive summer foreign language programs

for professional development;

‘‘(2) link nonnative English speakers in the community with

the schools in order to promote two-way language learning;

‘‘(3) promote the sequential study of a foreign language for

students, beginning in elementary schools;

‘‘(4) make effective use of technology, such as computer-assisted instruction, language laboratories, or distance learning,

to promote foreign language study;

‘‘(5) promote innovative activities, such as foreign language

immersion, partial foreign language immersion, or contentbased instruction; and

‘‘(6) are carried out through a consortium comprised of the

agency receiving the grant and an elementary school or secondary school.

‘‘SEC. 5494. ELEMENTARY SCHOOL FOREIGN LANGUAGE INCENTIVE

PROGRAM.

‘‘(a) INCENTIVE PAYMENTS.—From amounts made available

under section 5401 to carry out this subpart, the Secretary shall

make an incentive payment for each fiscal year to each public elementary school that provides to students attending such school a

program designed to lead to communicative competency in a foreign

language.

‘‘(b) AMOUNT.—The Secretary shall determine the amount of the

incentive payment under subsection (a) for each public elementary

school for each fiscal year on the basis of the number of students

participating in a program described in such subsection at such

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school for such year compared to the total number of such students

at all such schools in the United States for such year.

‘‘(c) REQUIREMENT.—The Secretary shall consider a program to

be designed to lead to communicative competency in a foreign language if such program is comparable to a program that provides not

less than 45 minutes of instruction in a foreign language for not

fewer than 4 days per week throughout an academic year.

‘‘Subpart 10—Physical Education

‘‘SEC. 5501. SHORT TITLE.

‘‘This subpart may be cited as the ‘Carol M. White Physical

Education Program’.

‘‘SEC. 5502. PURPOSE.

‘‘The purpose of this subpart is to award grants and contracts

to initiate, expand, and improve physical education programs for all

kindergarten through 12th-grade students.

‘‘SEC. 5503. PROGRAM AUTHORIZED.

‘‘(a) AUTHORIZATION.—The Secretary is authorized to award

grants to local educational agencies and community-based organizations (such as Boys and Girls Clubs, Boy Scouts and Girl Scouts,

and the Young Men’s Christian Organization (YMCA) and Young

Women’s Christian Organization (YWCA)) to pay the Federal share

of the costs of initiating, expanding, and improving physical education programs (including after-school programs) for kindergarten

through 12th-grade students by—

‘‘(1) providing equipment and support to enable students to

participate actively in physical education activities; and

‘‘(2) providing funds for staff and teacher training and education.

‘‘(b) PROGRAM ELEMENTS.—A physical education program funded under this subpart may provide for one or more of the following:

‘‘(1) Fitness education and assessment to help students understand, improve, or maintain their physical well-being.

‘‘(2) Instruction in a variety of motor skills and physical activities designed to enhance the physical, mental, and social or

emotional development of every student.

‘‘(3) Development of, and instruction in, cognitive concepts

about motor skill and physical fitness that support a lifelong

healthy lifestyle.

‘‘(4) Opportunities to develop positive social and cooperative

skills through physical activity participation.

‘‘(5) Instruction in healthy eating habits and good nutrition.

‘‘(6) Opportunities for professional development for teachers

of physical education to stay abreast of the latest research,

issues, and trends in the field of physical education.

‘‘(c) SPECIAL RULE.—For the purpose of this subpart, extracurricular activities, such as team sports and Reserve Officers’

Training Corps (ROTC) program activities, shall not be considered

as part of the curriculum of a physical education program assisted

under this subpart.

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‘‘SEC. 5504. APPLICATIONS.

‘‘(a) SUBMISSION.—Each local educational agency or community-based organization desiring a grant or contract under this subpart shall submit to the Secretary an application that contains a

plan to initiate, expand, or improve physical education programs in

order to make progress toward meeting State standards for physical

education.

‘‘(b) PRIVATE SCHOOL AND HOME-SCHOOLED STUDENTS.—An

application for funds under this subpart may provide for the participation, in the activities funded under this subpart, of—

‘‘(1) students enrolled in private nonprofit elementary

schools or secondary schools, and their parents and teachers; or

‘‘(2) home-schooled students, and their parents and teachers.

‘‘SEC. 5505. REQUIREMENTS.

‘‘(a) ANNUAL REPORT TO THE SECRETARY.—In order to continue

receiving funding after the first year of a multiyear grant or contract under this subpart, the administrator of the grant or contract

for the local educational agency or community-based organization

shall submit to the Secretary an annual report that—

‘‘(1) describes the activities conducted during the preceding

year; and

‘‘(2) demonstrates that progress has been made toward

meeting State standards for physical education.

‘‘(b) ADMINISTRATIVE EXPENSES.—Not more than 5 percent of

the grant funds made available to a local educational agency or

community-based organization under this subpart for any fiscal

year may be used for administrative expenses.

‘‘SEC. 5506. ADMINISTRATIVE PROVISIONS.

‘‘(a) FEDERAL SHARE.—The Federal share under this subpart

may not exceed—

‘‘(1) 90 percent of the total cost of a program for the first

year for which the program receives assistance under this subpart; and

‘‘(2) 75 percent of such cost for the second and each subsequent such year.

‘‘(b) PROPORTIONALITY.—To the extent practicable, the Secretary

shall ensure that grants awarded under this subpart shall be equitably distributed among local educational agencies and communitybased organizations serving urban and rural areas.

‘‘(c) REPORT TO CONGRESS.—Not later than June 1, 2003, the

Secretary shall submit a report to Congress that—

‘‘(1) describes the programs assisted under this subpart;

‘‘(2) documents the success of such programs in improving

physical fitness; and

‘‘(3) makes such recommendations as the Secretary determines appropriate for the continuation and improvement of the

programs assisted under this subpart.

‘‘(d) AVAILABILITY OF FUNDS.—Amounts made available to the

Secretary to carry out this subpart shall remain available until expended.

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‘‘SEC. 5507. SUPPLEMENT, NOT SUPPLANT.

‘‘Funds made available under this subpart shall be used to supplement, and not supplant, any other Federal, State, or local funds

available for physical education activities.

‘‘Subpart 11—Community Technology Centers

‘‘SEC. 5511. PURPOSE AND PROGRAM AUTHORIZATION.

‘‘(a) PURPOSE.—It is the purpose of this subpart to assist eligible applicants—

‘‘(1) to create or expand community technology centers that

will provide disadvantaged residents of economically distressed

urban and rural communities with access to information technology and related training; and

‘‘(2) to provide technical assistance and support to community technology centers.

‘‘(b) PROGRAM AUTHORIZATION.—The Secretary is authorized, in

conjunction with the Office of Educational Technology, to award

grants, contracts, or cooperative agreements, on a competitive basis,

for a period of not more than 3 years, to eligible applicants in order

to assist such applicants in—

‘‘(1) creating or expanding community technology centers; or

‘‘(2) providing technical assistance and support to community technology centers.

‘‘(3) SERVICE OF AMERICORPS PARTICIPANTS.—The Secretary

may collaborate with the Chief Executive Officer of the Corporation for National and Community Service on the use in community technology centers of participants in National Service programs carried out under subtitle C of title I of the National and

Community Service Act of 1990 (42 U.S.C. 12571 et seq.).

‘‘SEC. 5512. ELIGIBILITY AND APPLICATION REQUIREMENTS.

‘‘(a) ELIGIBLE APPLICANTS.—In order to be eligible to receive an

award under this subpart, an applicant shall—

‘‘(1) be an entity (such as a foundation, museum, library,

for-profit business, public or private nonprofit organization, or

community-based organization), an institution of higher education, a State educational agency, a local education agency, or

a consortium of such entities, institutions, or agencies; and

‘‘(2) have the capacity to significantly expand access to computers and related services for disadvantaged residents of economically distressed urban and rural communities (who would

otherwise be denied such access).

‘‘(b) APPLICATION REQUIREMENTS.—In order to receive an

award under this subpart, an eligible applicant shall submit an application to the Secretary at such time, and containing such information, as the Secretary may require. The application shall include

each of the following:

‘‘(1) A description of the proposed project, including a description of the magnitude of the need for the services and how

the project would expand access to information technology and

related services to disadvantaged residents of an economically

distressed urban or rural community.

‘‘(2) A demonstration of—

‘‘(A) the commitment, including the financial commitment, of entities (such as institutions, organizations, busiVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00430 Fmt 6659 Sfmt 6603 E:\HR\OC\A334HR.173 pfrm07 PsN: A334HR
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ness and other groups in the community) that will provide

support for the creation, expansion, and continuation of the

proposed project; and

‘‘(B) the extent to which the proposed project coordinates with other appropriate agencies, efforts, and organizations providing services to disadvantaged residents of an

economically distressed urban or rural community.

‘‘(3) A description of how the proposed project would be sustained once the Federal funds awarded under this subpart end.

‘‘(4) A plan for the evaluation of the program, which shall

include benchmarks to monitor progress toward specific project

objectives.

‘‘(c) MATCHING REQUIREMENTS.—The Federal share of the cost

of any project funded under this subpart shall not exceed 50 percent.

The non-Federal share of such project may be in cash or in kind,

fairly evaluated, including services.

‘‘SEC. 5513. USES OF FUNDS.

‘‘(a) REQUIRED USES.—A recipient shall use funds under this

subpart for—

‘‘(1) creating or expanding community technology centers

that expand access to information technology and related training for disadvantaged residents of distressed urban or rural

communities; and

‘‘(2) evaluating the effectiveness of the project.

‘‘(b) PERMISSIBLE USES.—A recipient may use funds under this

subpart for activities, described in its application, that carry out the

purposes of this subpart, such as—

‘‘(1) supporting a center coordinator, and staff, to supervise

instruction and build community partnerships;

‘‘(2) acquiring equipment, networking capabilities, and infrastructure to carry out the project; and

‘‘(3) developing and providing services and activities for

community residents that provide access to computers, information technology, and the use of such technology in support of

preschool preparation, academic achievement, educational development, and workforce development, such as the following:

‘‘(A) After-school activities in which children and

youths use software that provides academic enrichment and

assistance with homework, develop their technical skills, explore the Internet, and participate in multimedia activities,

including web page design and creation.

‘‘(B) Adult education and family literacy activities

through technology and the Internet, including—

‘‘(i) General Education Development, Language Instruction Educational Programs, and adult basic education classes or programs;

‘‘(ii) introduction to computers;

‘‘(iii) intergenerational activities; and

‘‘(iv) educational development opportunities.

‘‘(C) Career development and job preparation activities,

such as—

‘‘(i) training in basic and advanced computer

skills;

‘‘(ii) resume writing workshops; and

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‘‘(iii) access to databases of employment opportunities, career information, and other online materials.

‘‘(D) Small business activities, such as—

‘‘(i) computer-based training for basic entrepreneurial skills and electronic commerce; and

‘‘(ii) access to information on business start-up programs that is available online, or from other sources.

‘‘(E) Activities that provide home access to computers

and technology, such as assistance and services to promote

the acquisition, installation, and use of information technology in the home through low-cost solutions such as

networked computers, web-based television devices, and

other technology.

‘‘Subpart 12—Educational, Cultural, Apprenticeship, and Exchange Programs for Alaska Natives, Native Hawaiians,

and Their Historical Whaling and Trading Partners in

Massachusetts

‘‘SEC. 5521. SHORT TITLE.

‘‘This subpart may be cited as the ‘Alaska Native and Native

Hawaiian Education Through Cultural and Historical Organizations Act’.

‘‘SEC. 5522. FINDINGS AND PURPOSES.

‘‘(a) FINDINGS.—Congress finds the following:

‘‘(1) Alaska Natives and Native Hawaiians have been

linked for over 200 years to the coastal towns of Salem, Massachusetts, and New Bedford, Massachusetts, through the China

trade from Salem and whaling voyages from New Bedford.

‘‘(2) Nineteenth-century trading ships sailed from Salem,

Massachusetts, around Cape Horn of South America, and up

the Northwest coast of the United States to Alaska, where their

crews traded with Alaska Native people for furs, and then went

on to Hawaii to trade for sandalwood with Native Hawaiians

before going on to China.

‘‘(3) During the 19th century, over 2,000 whaling voyages

sailed out of New Bedford, Massachusetts to the Arctic region

of Alaska, and joined Alaska Natives from Barrow, Alaska and

other areas in the Arctic region in subsistence whaling activities.

‘‘(4) Many New Bedford whaling voyages continued on to

Hawaii, where they joined Native Hawaiians from the neighboring islands.

‘‘(5) From those commercial and whaling voyages, a rich

cultural exchange and strong trading relationships developed

among the three peoples involved.

‘‘(6) In the past decades, awareness of the historical trading, cultural, and whaling links has faded among Alaska Natives, Native Hawaiians, and the people of the continental

United States.

‘‘(7) In 2000, the Alaska Native Heritage Center in Alaska,

the Bishop Museum in Hawaii, and the Peabody-Essex Museum

in Massachusetts initiated the New Trade Winds project to use

21st-century technology, including the Internet, to educate students and their parents about historic and contemporary culVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00432 Fmt 6659 Sfmt 6603 E:\HR\OC\A334HR.174 pfrm07 PsN: A334HR
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tural and trading ties that continue to link the diverse cultures

of the peoples involved.

‘‘(8) The New Bedford Whaling Museum, in partnership

with the New Bedford Whaling National Historical Park, has

developed a cultural exchange and educational program with

the Inupiat Heritage Center in Barrow, Alaska to bring together

the children, parents, and elders from the Arctic region of Alaska with children and families of Massachusetts to learn about

their historical ties and about each other’s contemporary cultures.

‘‘(9) Within the fast-growing cultural sector, meaningful

educational and career opportunities based on traditional relationships exist for Alaska Natives, Native Hawaiians, and lowincome youth in Massachusetts.

‘‘(10) Cultural institutions can provide practical, culturally

relevant, education-related internship and apprentice programs,

such as the Museum Action Corps at the Peabody-Essex Museum and similar programs at the New Bedford Oceanarium

and other institutions, to prepare youths and their families for

careers in the cultural sector.

‘‘(11) The resources of the institutions described in paragraphs (7) and (8) provide unique opportunities for illustrating

and interpreting the contributions of Alaska Natives, Native

Hawaiians, the whaling industry, and the China trade to the

economic, social, and environmental history of the United

States, for educating students and their parents, and for providing opportunities for internships and apprenticeships leading to careers with cultural institutions.

‘‘(b) PURPOSES.—The purposes of this subpart are the following:

‘‘(1) To authorize and develop innovative culturally-based

educational programs and cultural exchanges to assist Alaska

Natives, Native Hawaiians, and children and families of Massachusetts linked by history and tradition to Alaska and Hawaii to learn about shared culture and traditions.

‘‘(2) To authorize and develop internship and apprentice

programs to assist Alaska Natives, Native Hawaiians, and children and families of Massachusetts linked by history and tradition with Alaska and Hawaii to prepare for careers with cultural institutions.

‘‘(3) To supplement programs and authorities in the area of

education to further the objectives of this subpart.

‘‘SEC. 5523. PROGRAM AUTHORIZATION.

‘‘(a) GRANTS AND CONTRACTS.—In order to carry out programs

that fulfill the purposes of this subpart, the Secretary is authorized

to make grants to, or enter into contracts with, the following:

‘‘(1) The Alaska Native Heritage Center in Anchorage, Alaska.

‘‘(2) The Inupiat Heritage Center in Barrow, Alaska.

‘‘(3) The Bishop Museum in Hawaii.

‘‘(4) The Peabody-Essex Museum in Salem, Massachusetts.

‘‘(5) The New Bedford Whaling Museum and the New Bedford Oceanarium in New Bedford, Massachusetts.

‘‘(6) Other Alaska Native and Native Hawaiian cultural

and educational organizations.

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‘‘(7) Cultural and educational organizations with experience in developing or operating programs that illustrate and interpret the contributions of Alaska Natives, Native Hawaiians,

the whaling industry, and the China trade to the economic, social, and environmental history of the United States.

‘‘(8) Consortia of the organizations and entities described in

this subsection.

‘‘(b) USES OF FUNDS.—Activities provided through programs

carried out under this subpart may include one or more of the following:

‘‘(1) Development and implementation of educational programs to increase understanding of cultural diversity and

multicultural communication among Alaska Natives, Native

Hawaiians, and the people of the continental United States,

based on historic patterns of trading and commerce.

‘‘(2) Development and implementation of programs using

modern technology, including the Internet, to educate students,

their parents, and teachers about historic and contemporary

cultural and trading ties that continue to link the diverse cultures of Alaska Natives, Native Hawaiians, and the people of

Massachusetts.

‘‘(3) Cultural exchanges of elders, students, parents, and

teachers among Alaska Natives, Native Hawaiians, and the

people of Massachusetts to increase awareness of diverse cultures among each group.

‘‘(4) Sharing of collections among cultural institutions designed to increase awareness of diverse cultures and links

among them.

‘‘(5) Development and implementation of internship and apprentice programs in cultural institutions to train Alaska Natives, Native Hawaiians and low-income students in Massachusetts for careers with cultural institutions.

‘‘(6) Other activities, consistent with the purposes of this

subpart, to meet the educational needs of Alaska Natives, Native Hawaiians, and students and their parents in Massachusetts.

‘‘SEC. 5524. ADMINISTRATIVE PROVISIONS.

‘‘(a) APPLICATION REQUIRED.—No grant may be made under

this subpart, and no contract may be entered into under this subpart, unless the entity seeking the grant or contract submits an application to the Secretary at such time, in such manner, and containing such information as the Secretary may determine to be necessary to carry out the provisions of this subpart.

‘‘(b) LOCAL EDUCATIONAL AGENCY COORDINATION.—Each applicant for a grant or contract under this subpart shall inform each

local educational agency serving students who will participate in

the program to be carried out under the grant or contract about the

application.

‘‘SEC. 5525. AVAILABILITY OF FUNDS.

‘‘If sufficient funds are made available under section 5401 to

carry out this subpart for a fiscal year, the Secretary shall make

available, to support activities described in section 5523(b), the following amounts:

‘‘(1) Not less than $2,000,000 each to—

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‘‘(A) the New Bedford Whaling Museum, in partnership

with the New Bedford Oceanarium, in Massachusetts; and

‘‘(B) the Inupiat Heritage Center in Alaska.

‘‘(2) For the New Trade Winds project, not less than

$1,000,000 each to—

‘‘(A) the Alaska Native Heritage Center in Alaska;

‘‘(B) the Bishop Museum in Hawaii; and

‘‘(C) the Peabody-Essex Museum in Massachusetts.

‘‘(3) For internship and apprenticeship programs (including

the Museum Action Corps of the Peabody-Essex Museum), not

less than $1,000,000 each to—

‘‘(A) the Alaska Native Heritage Center in Alaska;

‘‘(B) the Bishop Museum in Hawaii; and

‘‘(C) the Peabody-Essex Museum in Massachusetts.

‘‘SEC. 5526. DEFINITIONS.

‘‘In this subpart:

‘‘(1) ALASKA NATIVE.—The term ‘Alaska Native’ has the

meaning given that term in section 7306.

‘‘(2) NATIVE HAWAIIAN.—The term ‘Native Hawaiian’ has

the meaning given that term in section 7207.

‘‘Subpart 13—Excellence in Economic Education

‘‘SEC. 5531. SHORT TITLE.

‘‘This subpart may be cited as the ‘Excellence in Economic Education Act of 2001’.

‘‘SEC. 5532. PURPOSE AND GOALS.

‘‘(a) PURPOSE.—The purpose of this subpart is to promote economic and financial literacy among all students in kindergarten

through grade 12 by awarding a competitive grant to a national

nonprofit educational organization that has as its primary purpose

the improvement of the quality of student understanding of personal

finance and economics.

‘‘(b) OBJECTIVES.—The objectives of this subpart are the following:

‘‘(1) To increase students’ knowledge of, and achievement

in, economics to enable the students to become more productive

and informed citizens.

‘‘(2) To strengthen teachers’ understanding of, and competency in, economics to enable the teachers to increase student

mastery of economic principles and the practical application of

those principles.

‘‘(3) To encourage economic education research and development, to disseminate effective instructional materials, and to

promote replication of best practices and exemplary programs

that foster economic literacy.

‘‘(4) To assist States in measuring the impact of education

in economics.

‘‘(5) To leverage and expand private and public support for

economic education partnerships at national, State, and local

levels.

‘‘SEC. 5533. GRANT PROGRAM AUTHORIZED.

‘‘(a) AUTHORIZATION.—The Secretary is authorized to award a

competitive grant to a national nonprofit educational organization

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that has as its primary purpose the improvement of the quality of

student understanding of personal finance and economics through

effective teaching of economics in the Nation’s classrooms (referred

to in this subpart as the ‘grantee’). ‘‘(b) USES OF FUNDS.— ‘‘(1) DIRECT ACTIVITIES.—The grantee shall use 25 percent

of the funds made available through the grant for a fiscal

year— ‘‘(A) to strengthen and expand the grantee’s relationships with State and local personal finance, entrepreneurial, and economic education organizations; ‘‘(B) to support and promote training of teachers who

teach a grade from kindergarten through grade 12 regarding economics, including the dissemination of information

on effective practices and research findings regarding the

teaching of economics; ‘‘(C) to support research on effective teaching practices

and the development of assessment instruments to document student understanding of personal finance and economics; and ‘‘(D) to develop and disseminate appropriate materials

to foster economic literacy.

‘‘(2) SUBGRANTS.—The grantee shall use 75 percent of the

funds made available through the grant for a fiscal year to

award subgrants to State educational agencies or local educational agencies, and State or local economic, personal finance,

or entrepreneurial education organizations (referred to in this

section as the ‘recipient’). The grantee shall award such a

subgrant to pay for the Federal share of the cost of enabling the

recipient to work in partnership with one or more of the entities

described in paragraph (3) for one or more of the following purposes: ‘‘(A) Collaboratively establishing and conducting teacher training programs that use effective and innovative approaches to the teaching of economics, personal finance,

and entrepreneurship.

‘‘(B) Providing resources to school districts that desire

to incorporate economics and personal finance into the curricula of the schools in the districts.

‘‘(C) Conducting evaluations of the impact of economic

and financial literacy education on students.

‘‘(D) Conducting economic and financial literacy education research.

‘‘(E) Creating and conducting school-based student activities to promote consumer, economic, and personal finance education (such as saving, investing, and entrepreneurial education) and to encourage awareness and student

academic achievement in economics.

‘‘(F) Encouraging replication of best practices to promote economic and financial literacy.

‘‘(3) PARTNERSHIP ENTITIES.—The entities described in this

paragraph are the following:

‘‘(A) A private sector entity.

‘‘(B) A State educational agency.

‘‘(C) A local educational agency.

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‘‘(D) An institution of higher education.

‘‘(E) An organization promoting economic development.

‘‘(F) An organization promoting educational excellence.

‘‘(G) An organization promoting personal finance or entrepreneurial education.

‘‘SEC. 5534. APPLICATIONS.

‘‘(a) GRANTEE APPLICATIONS.—To be eligible to receive a grant

under this subpart, the grantee shall submit to the Secretary an application at such time, in such manner, and accompanied by such

information as the Secretary may require.

‘‘(b) RECIPIENT APPLICATIONS.—

‘‘(1) SUBMISSION.—To be eligible to receive a subgrant

under this section, a recipient shall submit an application to

the grantee at such time, in such manner, and accompanied by

such information as the grantee may require.

‘‘(2) REVIEW.—The grantee shall invite the individuals described in paragraph (3) to review all applications from recipients for a subgrant under this section and to make recommendations to the grantee regarding the approval of the applications.

‘‘(3) REVIEWERS.—The individuals described in this paragraph are the following:

‘‘(i) Leaders in the fields of economics and education.

‘‘(ii) Such other individuals as the grantee determines to be necessary, especially members of the State

and local business, banking, and finance communities.

‘‘SEC. 5535. REQUIREMENTS.

‘‘(a) ADMINISTRATIVE COSTS.—The grantee and each recipient

receiving a subgrant under this subpart for a fiscal year may use

not more than 5 percent of the funds made available through the

grant or subgrant for administrative costs.

‘‘(b) TEACHER TRAINING PROGRAMS.—In carrying out the teacher training programs described in section 5533(b)(2)(A), a recipient

shall—

‘‘(1) train teachers who teach a grade from kindergarten

through grade 12; and

‘‘(2) encourage teachers from disciplines other than economics and financial literacy to participate in such teacher training

programs, if the training will promote the economic and financial literacy of those teachers’ students.

‘‘(c) INVOLVEMENT OF BUSINESS COMMUNITY.—In carrying out

the activities assisted under this subpart, the grantee and recipients

are strongly encouraged to—

‘‘(1) include interactions with the local business community

to the fullest extent possible to reinforce the connection between

economic and financial literacy and economic development; and

‘‘(2) work with private businesses to obtain matching contributions for Federal funds and assist recipients in working toward self-sufficiency.

‘‘(d) ADDITIONAL REQUIREMENTS AND TECHNICAL ASSISTANCE.—The grantee shall—

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‘‘(1) meet such other requirements as the Secretary determines to be necessary to assure compliance with this section;

and

‘‘(2) receive from the Secretary such technical assistance as

may be necessary to carry out this section.

‘‘SEC. 5536. ADMINISTRATIVE PROVISIONS.

‘‘(a) FEDERAL SHARE.—The Federal share of the cost described

in section 5533(b)(2) shall be 50 percent.

‘‘(b) PAYMENT OF NON-FEDERAL SHARE.—The non-Federal

share may be paid in cash or in kind (fairly evaluated, including

plant, equipment, or services).

‘‘(c) REPORTS TO CONGRESS.—Not later than 2 years after the

date funds are first made available to carry out this subpart, and

every 2 years thereafter, the Secretary shall submit to the appropriate committees of Congress a report regarding activities assisted

under this subpart.

‘‘SEC. 5537. SUPPLEMENT, NOT SUPPLANT.

‘‘Funds made available to carry out this subpart shall be used

to supplement, and not supplant, other Federal, State, and local

funds expended for the purpose described in section 5532(a).

‘‘Subpart 14—Grants to Improve the Mental Health of

Children

‘‘SEC. 5541. GRANTS FOR THE INTEGRATION OF SCHOOLS AND MENTAL HEALTH SYSTEMS.

‘‘(a) AUTHORIZATION.—The Secretary is authorized to award

grants to, or enter into contracts or cooperative agreements with,

State educational agencies, local educational agencies, or Indian

tribes, for the purpose of increasing student access to quality mental

health care by developing innovative programs to link local school

systems with the local mental health system.

‘‘(b) DURATION.—With respect to a grant, contract, or cooperative agreement awarded or entered into under this section, the period during which payments under such grant, contract or agreement are made to the recipient may not exceed 5 years.

‘‘(c) USE OF FUNDS.—A State educational agency, local educational agency, or Indian tribe that receives a grant, contract, or

cooperative agreement under this section shall use amounts made

available through such grant, contract, or cooperative agreement for

the following:

‘‘(1) To enhance, improve, or develop collaborative efforts

between school-based service systems and mental health service

systems to provide, enhance, or improve prevention, diagnosis,

and treatment services to students.

‘‘(2) To enhance the availability of crisis intervention services, appropriate referrals for students potentially in need of

mental health services, and ongoing mental health services.

‘‘(3) To provide training for the school personnel and mental health professionals who will participate in the program

carried out under this section.

‘‘(4) To provide technical assistance and consultation to

school systems and mental health agencies and families participating in the program carried out under this section.

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‘‘(5) To provide linguistically appropriate and culturally

competent services. ‘‘(6) To evaluate the effectiveness of the program carried out

under this section in increasing student access to quality mental health services, and make recommendations to the Secretary

about sustainability of the program.

‘‘(d) APPLICATIONS.—To be eligible to receive a grant, contract,

or cooperative agreement under this section, a State educational

agency, local educational agency, or Indian tribe shall submit an

application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require.

The application shall include each of the following: ‘‘(1) A description of the program to be funded under the

grant, contract, or cooperative agreement. ‘‘(2) A description of how such program will increase access

to quality mental health services for students. ‘‘(3) A description of how the applicant will establish a crisis intervention program to provide immediate mental health

services to the school community when necessary. ‘‘(4) An assurance that— ‘‘(A) persons providing services under the grant, contract, or cooperative agreement are adequately trained to

provide such services; ‘‘(B) the services will be provided in accordance with

subsection (c); ‘‘(C) teachers, principal administrators, and other

school personnel are aware of the program; and ‘‘(D) parents of students participating in services under

this section will be involved in the design and implementation of the services.

‘‘(5) An explanation of how the applicant will support and

integrate existing school-based services with the program to provide appropriate mental health services for students. ‘‘(6) An explanation of how the applicant will establish a

program that will support students and the school in maintaining an environment conducive to learning.

‘‘(e) INTERAGENCY AGREEMENTS.— ‘‘(1) DESIGNATION OF LEAD AGENCY.—The recipient of each

grant, contract, or cooperative agreement shall designate a lead

agency to direct the establishment of an interagency agreement

among local educational agencies, juvenile justice authorities,

mental health agencies, and other relevant entities in the State,

in collaboration with local entities and parents and guardians

of students. ‘‘(2) CONTENTS.—The interagency agreement shall ensure

the provision of the services described in subsection (c), specifying with respect to each agency, authority, or entity—

‘‘(A) the financial responsibility for the services;

‘‘(B) the conditions and terms of responsibility for the

services, including quality, accountability, and coordination of the services; and ‘‘(C) the conditions and terms of reimbursement among

the agencies, authorities, or entities that are parties to the

interagency agreement, including procedures for dispute

resolution.

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‘‘(f) EVALUATION.—The Secretary shall evaluate each program

carried out by a State educational agency, local educational agency,

or Indian tribe under this section and shall disseminate the findings with respect to each such evaluation to appropriate public and

private entities.

‘‘(g) DISTRIBUTION OF AWARDS.—The Secretary shall ensure

that grants, contracts, and cooperative agreements awarded or entered into under this section are equitably distributed among the

geographical regions of the United States and among urban, suburban, and rural populations.

‘‘(h) RULE OF CONSTRUCTION.—Nothing in Federal law shall be

construed—

‘‘(1) to prohibit an entity involved with a program carried

out under this section from reporting a crime that is committed

by a student to appropriate authorities; or

‘‘(2) to prevent State law enforcement and judicial authorities from exercising their responsibilities with regard to the application of Federal and State law to crimes committed by a

student.

‘‘(i) SUPPLEMENT, NOT SUPPLANT.—Any services provided

through programs carried out under this section must supplement,

and not supplant, existing mental health services, including any

services required to be provided under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).

‘‘SEC. 5542. PROMOTION OF SCHOOL READINESS THROUGH EARLY

CHILDHOOD EMOTIONAL AND SOCIAL DEVELOPMENT.

‘‘(a) AUTHORIZATION.—The Secretary, in consultation with the

Secretary of Health and Human Services, may award grants (to be

known as ‘Foundations for Learning Grants’) to local educational

agencies, local councils, community-based organizations, and other

public or nonprofit private entities to assist eligible children to become ready for school.

‘‘(b) APPLICATIONS.—To be eligible to receive a grant under this

section, a local educational agency, local council, community-based

organization, or other public or nonprofit private entity, or a combination of such entities, shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. The application

shall include each of the following:

‘‘(1) A description of the population that the applicant intends to serve and the types of services to be provided under the

grant.

‘‘(2) A description of the manner in which services under

the grant will be coordinated with existing similar services provided by public and nonprofit private entities within the State.

‘‘(3) An assurance that—

‘‘(A) services under the grant shall be provided by or

under the supervision of qualified professionals with expertise in early childhood development;

‘‘(B) such services shall be culturally competent;

‘‘(C) such services shall be provided in accordance with

subsection (c);

‘‘(D) funds received under this section shall be used to

supplement, and not supplant, non-Federal funds; and

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‘‘(E) parents of students participating in services under

this section will be involved in the design and implementation of the services.

‘‘(c) USES OF FUNDS.—A local educational agency, local council,

community-based organization, or other public or nonprofit private

entity that receives funds under this section may use such funds to

benefit eligible children, for one or more of the following:

‘‘(1) To deliver services to eligible children and their families that foster eligible children’s emotional, behavioral, and social development and take into consideration the characteristics

described in subsection (f)(1).

‘‘(2) To coordinate and facilitate access by eligible children

and their families to the services available through community

resources, including mental health, physical health, substance

abuse, educational, domestic violence prevention, child welfare,

and social services.

‘‘(3) To provide ancillary services such as transportation or

child care in order to facilitate the delivery of any other services

or activities authorized by this section.

‘‘(4) To develop or enhance early childhood community

partnerships and build toward a community system of care that

brings together child-serving agencies or organizations to provide individualized supports for eligible children and their families.

‘‘(5) To evaluate the success of strategies and services provided pursuant to this section in promoting young children’s

successful entry to school and to maintain data systems required for effective evaluations.

‘‘(6) To pay for the expenses of administering the activities

authorized under this section, including assessment of children’s eligibility for services.

‘‘(d) LIMITATIONS.—

‘‘(1) SERVICES NOT OTHERWISE FUNDED.—A local educational agency, local council, community-based organization,

or other public or nonprofit private entity may use funds under

this section only to pay for services that cannot be paid for

using other Federal, State, or local public resources or through

private insurance.

‘‘(2) ADMINISTRATIVE EXPENSES.—A grantee may not use

more than 3 percent of the amount of the grant to pay the administrative expenses described in subsection (c)(6).

‘‘(e) EVALUATIONS.—The Secretary shall directly evaluate, or

enter into a contract for an outside evaluation of, each program carried out under this section and shall disseminate the findings with

respect to such evaluation to appropriate public and private entities.

‘‘(f) DEFINITIONS.—In this section:

‘‘(1) ELIGIBLE CHILD.—The term ‘eligible child’ means a

child who has not attained the age of 7 years, and to whom two

or more of the following characteristics apply:

‘‘(A) The child has been abused, maltreated, or neglected.

‘‘(B) The child has been exposed to violence.

‘‘(C) The child has been homeless.

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‘‘(D) The child has been removed from child care, Head

Start, or preschool for behavioral reasons or is at risk of

being so removed.

‘‘(E) The child has been exposed to parental depression

or other mental illness.

‘‘(F) The family income with respect to the child is

below 200 percent of the poverty line.

‘‘(G) The child has been exposed to parental substance

abuse.

‘‘(H) The child has had early behavioral and peer relationship problems.

‘‘(I) The child had a low birth weight.

‘‘(J) The child has a cognitive deficit or developmental

disability.

‘‘(2) LOCAL COUNCIL.—The term ‘local council’ means a

council that is established or designated by a local government

entity, Indian tribe, regional corporation, or native Hawaiian

entity, as appropriate, which is composed of representatives of

local agencies directly affected by early learning programs, parents, key community leaders, and other individuals concerned

with early learning issues in the locality, such as elementary

education, child care resource and referral services, early learning opportunities, child care, and health services.

‘‘(3) PROVIDER OF EARLY CHILDHOOD SERVICES.—The term

‘provider of early childhood services’ means a public or private

entity that has regular contact with young children, including

child welfare agencies, child care providers, Head Start and

Early Head Start providers, preschools, kindergartens, libraries, mental health professionals, family courts, homeless shelters, and primary care providers.

‘‘Subpart 15—Arts in Education

‘‘SEC. 5551. ASSISTANCE FOR ARTS EDUCATION.

‘‘(a) PURPOSES.—The purposes of this subpart are the following:

‘‘(1) To support systemic education reform by strengthening

arts education as an integral part of the elementary school and

secondary school curriculum.

‘‘(2) To help ensure that all students meet challenging State

academic content standards and challenging State student academic achievement standards in the arts.

‘‘(3) To support the national effort to enable all students to

demonstrate competence in the arts.

‘‘(b) AUTHORITY.—The Secretary is authorized to make grants

to, or enter into contracts or cooperative agreements with, eligible

entities described in subsection (c).

‘‘(c) ELIGIBLE ENTITIES.—The Secretary may make assistance

available under subsection (b) to each of the following eligible entities:

‘‘(1) State educational agencies.

‘‘(2) Local educational agencies.

‘‘(3) Institutions of higher education.

‘‘(4) Museums or other cultural institutions.

‘‘(5) Any other public or private agencies, institutions, or organizations.

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‘‘(d) USE OF FUNDS.—Assistance made available under this subpart may be used for any of the following:

‘‘(1) Research on arts education.

‘‘(2) Planning, developing, acquiring, expanding, improving, or disseminating information about model school-based

arts education programs.

‘‘(3) The development of model State arts education assessments based on State academic achievement standards.

‘‘(4) The development and implementation of curriculum

frameworks for arts education.

‘‘(5) The development of model inservice professional development programs for arts educators and other instructional

staff.

‘‘(6) Supporting collaborative activities with Federal agencies or institutions involved in arts education, arts educators,

and organizations representing the arts, including State and

local arts agencies involved in arts education.

‘‘(7) Supporting model projects and programs in the performing arts for children and youth through arrangements

made with the John F. Kennedy Center for the Performing Arts.

‘‘(8) Supporting model projects and programs by Very Special Arts which assure the participation in mainstream settings

in arts and education programs of individuals with disabilities.

‘‘(9) Supporting model projects and programs to integrate

arts education into the regular elementary school and secondary

school curriculum.

‘‘(10) Other activities that further the purposes of this subpart.

‘‘(e) SPECIAL RULE.—If the amount made available to the Secretary to carry out this subpart for any fiscal year is $15,000,000

or less, then such amount shall only be available to carry out the

activities described in paragraphs (7) and (8) of subsection (d).

‘‘(f) CONDITIONS.—As conditions of receiving assistance made

available under this subpart, the Secretary shall require each entity

receiving such assistance—

‘‘(1) to coordinate, to the extent practicable, each project or

program carried out with such assistance with appropriate activities of public or private cultural agencies, institutions, and

organizations, including museums, arts education associations,

libraries, and theaters; and

‘‘(2) to use such assistance only to supplement, and not to

supplant, any other assistance or funds made available from

non-Federal sources for the activities assisted under this subpart.

‘‘(g) CONSULTATION.—In carrying out this subpart, the Secretary shall consult with Federal agencies or institutions, arts educators (including professional arts education associations), and organizations representing the arts (including State and local arts

agencies involved in arts education).

‘‘Subpart 16—Parental Assistance and Local Family

Information Centers

‘‘SEC. 5561. PURPOSES.

‘‘The purposes of this subpart are the following:

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‘‘(1) To provide leadership, technical assistance, and financial support to nonprofit organizations (including statewide

nonprofit organizations) and local educational agencies to help

the organizations and agencies implement successful and effective parental involvement policies, programs, and activities that

lead to improvements in student academic achievement.

‘‘(2) To strengthen partnerships among parents (including

parents of children from birth through age 5), teachers, principals, administrators, and other school personnel in meeting

the educational needs of children.

‘‘(3) To develop and strengthen the relationship between

parents and their children’s school.

‘‘(4) To further the developmental progress of children assisted under this subpart.

‘‘(5) To coordinate activities funded under this subpart with

parental involvement initiatives funded under section 1118 and

other provisions of this Act.

‘‘(6) To provide a comprehensive approach to improving student learning, through coordination and integration of Federal,

State, and local services and programs.

‘‘SEC. 5562. GRANTS AUTHORIZED.

‘‘(a) PARENTAL INFORMATION AND RESOURCE CENTERS.—The

Secretary is authorized to award grants in each fiscal year to nonprofit organizations (including statewide nonprofit organizations),

and consortia of such organizations and local educational agencies,

to establish school-linked or school-based parental information and

resource centers that provide comprehensive training, information,

and support to—

‘‘(1) parents of children enrolled in elementary schools and

secondary schools;

‘‘(2) individuals who work with the parents of children enrolled in elementary schools and secondary schools;

‘‘(3) State educational agencies, local educational agencies,

schools, organizations that support family-school partnerships

(such as parent-teacher associations and Parents as Teachers

organizations), and other organizations that carry out parent

education and family involvement programs; and

‘‘(4) parents of children from birth through age 5.

‘‘(b) GEOGRAPHIC DISTRIBUTION.—In awarding grants under

this subpart, the Secretary shall, to the extent practicable, ensure

that such grants are distributed in all geographic regions of the

United States.

‘‘SEC. 5563. APPLICATIONS.

‘‘(a) SUBMISSION.—Each nonprofit organization (including a

statewide nonprofit organization), or a consortia of such an organization and a local educational agency, that desires a grant under

this subpart shall submit an application to the Secretary at such

time, in such manner, and accompanied by such information as the

Secretary may require. ‘‘(b) CONTENTS.—Each application submitted under subsection

(a), at a minimum, shall include assurances that the organization

or consortium will— ‘‘(1)(A) be governed by a board of directors the membership

of which includes parents; or

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‘‘(B) be an organization or consortium that represents the

interests of parents;

‘‘(2) establish a special advisory committee the membership

of which includes—

‘‘(A) parents of children enrolled in elementary schools

and secondary schools, who shall constitute a majority of

the members of the special advisory committee;

‘‘(B) representatives of education professionals with expertise in improving services for disadvantaged children;

and

‘‘(C) representatives of local elementary schools and secondary schools, including students and representatives

from local youth organizations;

‘‘(3) use at least 50 percent of the funds received under this

subpart in each fiscal year to serve areas with high concentrations of low-income families, in order to serve parents who are

severely educationally or economically disadvantaged;

‘‘(4) operate a center of sufficient size, scope, and quality to

ensure that the center is adequate to serve the parents in the

area;

‘‘(5) serve both urban and rural areas;

‘‘(6) design a center that meets the unique training, information, and support needs of parents of children enrolled in elementary schools and secondary schools, particularly such parents who are educationally or economically disadvantaged;

‘‘(7) demonstrate the capacity and expertise to conduct the

effective training, information, and support activities for which

assistance is sought;

‘‘(8) network with—

‘‘(A) local educational agencies and schools;

‘‘(B) parents of children enrolled in elementary schools

and secondary schools;

‘‘(C) parent training and information centers assisted

under section 682 of the Individuals with Disabilities Education Act;

‘‘(D) clearinghouses; and

‘‘(E) other organizations and agencies;

‘‘(9) focus on serving parents of children enrolled in elementary schools and secondary schools who are parents of low-income, minority, and limited English proficient children;

‘‘(10) use at least 30 percent of the funds received under this

subpart in each fiscal year to establish, expand, or operate Parents as Teachers programs, Home Instruction for Preschool

Youngsters programs, or other early childhood parent education

programs;

‘‘(11) provide assistance to parents in areas such as understanding State and local standards and measures of student

and school academic achievement;

‘‘(12) work with State educational agencies and local educational agencies to determine parental needs and the best

means for delivery of services;

‘‘(13) identify and coordinate Federal, State, and local services and programs that support improved student learning, including programs supported under this Act, violence prevention

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programs, nutrition programs, housing programs, Head Start

programs, adult education, and job training; and

‘‘(14) work with and foster partnerships with other agencies

that provide programs and deliver services described in paragraph (13) to make such programs and services more accessible

to children and families.

‘‘SEC. 5564. USES OF FUNDS.

‘‘(a) IN GENERAL.—Grant funds received under this subpart

shall be used for one or more of the following:

‘‘(1) To assist parents in participating effectively in their

children’s education and to help their children meet State and

local standards, such as assisting parents—

‘‘(A) to engage in activities that will improve student

academic achievement, including understanding the accountability systems in place within their State educational

agency and local educational agency and understanding

their children’s educational academic achievement in comparison to State and local standards;

‘‘(B) to provide follow-up support for their children’s

educational achievement;

‘‘(C) to communicate effectively with teachers, principals, counselors, administrators, and other school personnel;

‘‘(D) to become active participants in the development,

implementation, and review of school-parent compacts, parent involvement policies, and school planning and improvement;

‘‘(E) to participate in the design and provision of assistance to students who are not making adequate academic

progress;

‘‘(F) to participate in State and local decisionmaking;

and

‘‘(G) to train other parents (such as training related to

Parents as Teachers activities).

‘‘(2) To obtain information about the range of options, programs, services, and resources available at the national, State,

and local levels to assist parents and school personnel who

work with parents.

‘‘(3) To help the parents learn and use the technology applied in their children’s education.

‘‘(4) To plan, implement, and fund activities for parents

that coordinate the education of their children with other Federal, State, and local services and programs that serve their

children or their families.

‘‘(5) To provide support for State or local educational personnel, if the participation of such personnel will further the activities assisted under the grant.

‘‘(6) To coordinate and integrate early childhood programs

with school-age programs.

‘‘(b) PERMISSIVE ACTIVITIES.—Grant funds received under this

subpart may be used to assist schools with activities including one

or more of the following:

‘‘(1) Developing and implementing the schools’ plans or activities under sections 1118 and 1119.

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‘‘(2) Developing and implementing school improvement

plans, including addressing problems that develop in the implementation of the schools’ plans or activities under sections 1118

and 1119. ‘‘(3) Providing information about assessment and individual results to parents in a manner and a language the family can understand. ‘‘(4) Coordinating the efforts of Federal, State, and local

parent education and family involvement initiatives. ‘‘(5) Providing training, information, and support to— ‘‘(A) State educational agencies;

‘‘(B) local educational agencies and schools, especially

low-performing local educational agencies and schools; and ‘‘(C) organizations that support family-school partnerships.

‘‘SEC. 5565. ADMINISTRATIVE PROVISIONS.

‘‘(a) MATCHING FUNDS FOR GRANT RENEWAL.—For each fiscal

year after the first fiscal year in which an organization or consortium receives assistance under this subpart, the organization or consortium shall demonstrate in the application submitted for such fiscal year, that a portion of the services provided by the organization

or consortium is supported through non-Federal contributions,

which contributions may be in cash or in kind. ‘‘(b) SUBMISSION OF INFORMATION.— ‘‘(1) IN GENERAL.—Each organization or consortium receiving assistance under this subpart shall submit to the Secretary,

on an annual basis, information concerning the parental information and resource centers assisted under this subpart, including the following information: ‘‘(A) The number of parents (including the number of

minority and limited English proficient parents) who receive information and training. ‘‘(B) The types and modes of training, information, and

support provided under this subpart. ‘‘(C) The strategies used to reach and serve parents of

minority and limited English proficient children, parents

with limited literacy skills, and other parents in need of the

services provided under this subpart. ‘‘(D) The parental involvement policies and practices

used by the center and an evaluation of whether such policies and practices are effective in improving home-school

communication, student academic achievement, student

and school academic achievement, and parental involvement in school planning, review, and improvement. ‘‘(E) The effectiveness of the activities that local educational agencies and schools are carrying out, with regard

to parental involvement and other activities assisted under

this Act, that lead to improved student academic achievement and improved student and school academic achievement.

‘‘(2) DISSEMINATION.—The Secretary shall disseminate annually to Congress and the public the information that each organization or consortium submits under paragraph (1).

‘‘(c) TECHNICAL ASSISTANCE.—The Secretary shall provide technical assistance, by grant or contract, for the establishment, develVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00447 Fmt 6659 Sfmt 6603 E:\HR\OC\A334HR.179 pfrm07 PsN: A334HR
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opment, and coordination of parent training, information, and support programs and parental information and resource centers. ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this subpart shall be

construed to prohibit a parental information and resource center

from— ‘‘(1) having its employees or agents meet with a parent at

a site that is not on school grounds; or ‘‘(2) working with another agency that serves children. ‘‘(e) PARENTAL RIGHTS.—Notwithstanding any other provision

of this subpart— ‘‘(1) no person (including a parent who educates a child at

home, a public school parent, or a private school parent) shall

be required to participate in any program of parent education

or developmental screening under this subpart; and ‘‘(2) no program or center assisted under this subpart shall

take any action that infringes in any manner on the right of a

parent to direct the education of their children.

‘‘(f) CONTINUATION OF AWARDS.—The Secretary shall use funds

made available under this subpart to continue to make grant or

contract payments to each entity that was awarded a multiyear

grant or contract under title IV of the Goals 2000: Educate America

Act (as such title was in effect on the day before the date of enactment of the No Child Left Behind Act of 2001) for the duration of

the grant or contract award.

‘‘SEC. 5566. LOCAL FAMILY INFORMATION CENTERS.

‘‘(a) IN GENERAL.—If the amount made available to carry out this subpart for a fiscal year is more than $50,000,000, the Secretary is authorized to award 50 percent of the amount that exceeds

$50,000,000 as grants to, and enter into contracts and cooperative

agreements with, local nonprofit parent organizations to enable the

organizations to support local family information centers that help

ensure that parents of students in elementary schools and secondary

schools assisted under this subpart have the training, information,

and support the parents need to enable the parents to participate effectively in their children’s early childhood education, in their children’s elementary and secondary education, and in helping their

children to meet challenging State academic content and student

academic achievement standards. ‘‘(b) LOCAL NONPROFIT PARENT ORGANIZATION DEFINED.—In

this section, the term ‘local nonprofit parent organization’ means a

private nonprofit organization (other than an institution of higher

education) that—

‘‘(1) has a demonstrated record of working with low-income

individuals and parents;

‘‘(2)(A) has a board of directors, the majority of whom are

parents of students in elementary schools and secondary schools

assisted under part A of title I and located in the geographic

area to be served by a local family information center; or

‘‘(B) has a special governing committee to direct and implement a local family information center, a majority of the members of whom are parents of students in schools assisted under

part A of title I; and

‘‘(3) is located in a community with elementary schools and

secondary schools that receive funds under part A of title I, and

is accessible to the families of students in those schools.

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‘‘Subpart 17—Combatting Domestic Violence

‘‘SEC. 5571. GRANTS TO COMBAT THE IMPACT OF EXPERIENCING OR

WITNESSING DOMESTIC VIOLENCE ON ELEMENTARY AND

SECONDARY SCHOOL CHILDREN.

‘‘(a) DEFINITIONS.—In this section: ‘‘(1) DOMESTIC VIOLENCE.—The term ‘domestic violence’ has

the meaning given that term in section 2003 of the Omnibus

Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg– 2). ‘‘(2) EXPERT.—The term ‘expert’ means— ‘‘(A) an expert on domestic violence, sexual assault, and

child abuse from the educational, legal, youth, mental

health, substance abuse, or victim advocacy field; and ‘‘(B) a State or local domestic violence coalition or community-based youth organization.

‘‘(3) WITNESS DOMESTIC VIOLENCE.— ‘‘(A) IN GENERAL.—The term ‘witness domestic violence’ means to witness— ‘‘(i) an act of domestic violence that constitutes actual or attempted physical assault; or ‘‘(ii) a threat or other action that places the victim

in fear of domestic violence.

‘‘(B) WITNESS.—In subparagraph (A), the term ‘witness’ means—‘‘(i) to directly observe an act, threat, or action described in subparagraph (A), or the aftermath of that

act, threat, or action; or ‘‘(ii) to be within earshot of an act, threat, or action

described in subparagraph (A), or the aftermath of that

act, threat, or action. ‘‘(b) GRANTS AUTHORIZED.— ‘‘(1) AUTHORITY.—The Secretary is authorized to award

grants to local educational agencies that work with experts to

enable the elementary schools and secondary schools served by

the local educational agency—

‘‘(A) to provide training to school administrators, faculty, and staff, with respect to issues concerning children

who experience domestic violence in dating relationships or

who witness domestic violence, and the impact of the violence on the children;

‘‘(B) to provide educational programming for students

regarding domestic violence and the impact of experiencing

or witnessing domestic violence on children;

‘‘(C) to provide support services for students and school

personnel to develop and strengthen effective prevention

and intervention strategies with respect to issues concerning

children who experience domestic violence in dating relationships or who witness domestic violence, and the impact

of the violence on the children; and

‘‘(D) to develop and implement school system policies

regarding appropriate and safe responses to, identification

of, and referral procedures for, students who are experiencing or witnessing domestic violence.

‘‘(2) AWARD BASIS.—The Secretary is authorized to award

grants under this section—

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‘‘(A) on a competitive basis; and

‘‘(B) in a manner that ensures that such grants are equitably distributed among local educational agencies located in rural, urban, and suburban areas.

‘‘(3) POLICY DISSEMINATION.—The Secretary shall disseminate to local educational agencies any Department policy guidance regarding the prevention of domestic violence and the impact on children of experiencing or witnessing domestic violence.

‘‘(c) USES OF FUNDS.—Funds made available to carry out this

subpart may be used for one or more of the following purposes: ‘‘(1) To provide training for elementary school and secondary school administrators, faculty, and staff that addresses

issues concerning elementary school and secondary school students who experience domestic violence in dating relationships

or who witness domestic violence, and the impact of such violence on those students. ‘‘(2) To provide education programs for elementary school

and secondary school students that are developmentally appropriate for the students’ grade levels and are designed to meet

any unique cultural and language needs of the particular student populations. ‘‘(3) To develop and implement elementary school and secondary school system policies regarding— ‘‘(A) appropriate and safe responses to, identification

of, and referral procedures for, students who are experiencing or witnessing domestic violence; and ‘‘(B) to develop and implement policies on reporting

and referral procedures for those students.

‘‘(4) To provide the necessary human resources to respond

to the needs of elementary school and secondary school students

and personnel who are faced with the issue of domestic violence,

such as a resource person who is either on-site or on-call and

who is an expert.

‘‘(5) To provide media center materials and educational

materials to elementary schools and secondary schools that address issues concerning children who experience domestic violence in dating relationships or who witness domestic violence,

and the impact of the violence on those children.

‘‘(6) To conduct evaluations to assess the impact of programs and policies assisted under this subpart in order to enhance the development of the programs.

‘‘(d) CONFIDENTIALITY.—Policies, programs, training materials,

and evaluations developed and implemented under subsection (c)

shall address issues of safety and confidentiality for the victim and

the victim’s family in a manner consistent with applicable Federal

and State laws.

‘‘(e) APPLICATION.—To be eligible for a grant under this section

for a fiscal year, a local educational agency, in consultation with an

expert, shall submit an application to the Secretary at such time, in

such manner, and containing such information as the Secretary

may require. The application shall include each of the following:

‘‘(1) A description of the need for funds provided under the

grant and the plan for implementation of any of the activities

described in subsection (c).

447

‘‘(2) A description of how the experts will work in consultation and collaboration with the local educational agency.

‘‘(3) Measurable objectives for, and expected results from,

the use of the funds provided under the grant.

‘‘(4) Provisions for appropriate remuneration for collaborating partners.

‘‘Subpart 18—Healthy, High-Performance Schools

‘‘SEC. 5581. GRANT PROGRAM AUTHORIZED.

‘‘The Secretary, in consultation with the Secretary of Energy

and the Administrator of the Environmental Protection Agency, is

authorized to award grants to State educational agencies to permit

such State educational agencies to carry out section 5582.

‘‘SEC. 5582. STATE USES OF FUNDS.

‘‘(a) SUBGRANTS.—

‘‘(1) IN GENERAL.—A State educational agency receiving a

grant under this subpart shall use funds made available under

the grant to award subgrants to local educational agencies to

permit such local educational agencies to carry out the activities

described in section 5583.

‘‘(2) LIMITATION.—A State educational agency shall award

subgrants under this subsection to local educational agencies

that are the neediest, as determined by the State, and that have

made a commitment to develop healthy, high-performance

school buildings in accordance with the plan developed and approved under paragraph (3)(A).

‘‘(3) IMPLEMENTATION.—

‘‘(A) PLANS.—A State educational agency shall award

subgrants under this subsection only to local educational

agencies that, in consultation with the State educational

agency and State agencies with responsibilities relating to

energy and health, have developed plans that the State educational agency determines to be feasible and appropriate

in order to achieve the purposes for which the subgrants

are made.

‘‘(B) SUPPLEMENTING GRANT FUNDS.—The State educational agency shall encourage local educational agencies

that receive subgrants under this subsection to supplement

their subgrant funds with funds from other sources in

order to implement their plans.

‘‘(b) ADMINISTRATION.—A State educational agency receiving a

grant under this subpart shall use the grant funds made available

under this subpart for one or more of the following:

‘‘(1) To evaluate compliance by local educational agencies

with the requirements of this subpart.

‘‘(2) To distribute information and materials on healthy,

high-performance school buildings for both new and existing facilities.

‘‘(3) To organize and conduct programs for school board

members, school district personnel, and others to disseminate

information on healthy, high-performance school buildings.

‘‘(4) To provide technical services and assistance in planning and designing healthy, high-performance school buildings.

448

‘‘(5) To collect and monitor information pertaining to

healthy, high-performance school building projects.

‘‘SEC. 5583. LOCAL USES OF FUNDS.

‘‘(a) IN GENERAL.—A local educational agency that receives a

subgrant under section 5582(a) shall use the subgrant funds to plan

and prepare for healthy, high-performance school building projects

that—

‘‘(1) reduce energy use to at least 30 percent below that of

a school constructed in compliance with standards prescribed

in chapter 8 of the 2000 International Energy Conservation

Code, or a similar State code intended to achieve substantially

equivalent results;

‘‘(2) meet Federal and State health and safety codes; and

‘‘(3) support healthful, energy efficient, and environmentally

sound practices.

‘‘(b) USE OF FUNDS.—A local educational agency that receives

a subgrant under section 5582(a) shall use funds for one or more

of the following:

‘‘(1) To develop a comprehensive energy audit of the energy

consumption characteristics of a building and the need for additional energy conservation measures necessary to allow

schools to meet the guidelines set out in subsection (a).

‘‘(2) To produce a comprehensive analysis of building strategies, designs, materials, and equipment that—

‘‘(A) are cost effective, produce greater energy efficiency,

and enhance indoor air quality; and

‘‘(B) can be used when conducting school construction

and renovation or purchasing materials and equipment.

‘‘(3) To obtain research and provide technical services and

assistance in planning and designing healthy, high-performance school buildings, including developing a timeline for implementation of such plans.

‘‘SEC. 5584. REPORT TO CONGRESS.

‘‘The Secretary shall conduct a biennial review of State actions

implementing this subpart and carrying out the plans developed

under this subpart through State and local funding, and shall submit a report to Congress on the results of such reviews.

‘‘SEC. 5585. LIMITATIONS.

‘‘No funds received under this subpart may be used for any of

the following:

‘‘(1) Payment of maintenance of costs in connection with

any projects constructed in whole or in part with Federal funds

provided under this subpart.

‘‘(2) Construction, renovation, or repair of school facilities.

‘‘(3) Construction, renovation, repair, or acquisition of a

stadium or other facility primarily used for athletic contests or

exhibitions, or other events for which admission is charged to

the general public.

‘‘SEC. 5586. HEALTHY, HIGH-PERFORMANCE SCHOOL BUILDING DEFINED.

‘‘In this subpart, the term ‘healthy, high-performance school

building’ means a school building in which the design, construction,

operation, and maintenance—

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‘‘(1) use energy-efficient and affordable practices and materials;

‘‘(2) are cost-effective;

‘‘(3) enhance indoor air quality; and

‘‘(4) protect and conserve water.

‘‘Subpart 19—Grants for Capital Expenses of Providing

Equitable Services for Private School Students

‘‘SEC. 5591. GRANT PROGRAM AUTHORIZED.

‘‘The Secretary is authorized to award grants to State educational agencies, from allotments made under section 5593, to enable the State educational agencies to award subgrants to local educational agencies to pay for capital expenses in accordance with this

subpart.

‘‘SEC. 5592. USES OF FUNDS.

‘‘A local educational agency that receives a subgrant under this

subpart shall use the subgrant funds only to pay for capital expenses incurred in providing equitable services for private school

students under section 1120.

‘‘SEC. 5593. ALLOTMENTS TO STATES.

‘‘From the funds made available to carry out this subpart for

a fiscal year, the Secretary shall allot to each State an amount that

bears the same ratio to the funds made available as the number of

private school students who received services under part A of title

I in the State in the most recent year for which data, satisfactory

to the Secretary, are available bears to the number of such students

in all States in such year.

‘‘SEC. 5594. SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.

‘‘(a) APPLICATIONS.—A local educational agency that desires to

receive a subgrant under this subpart shall submit an application

to the State educational agency involved at such time, in such manner, and containing such information as the State educational agency may require.

‘‘(b) DISTRIBUTION.—A State educational agency shall award

subgrants to local educational agencies within the State based on

the degree of need set forth in their respective applications submitted under subsection (a).

‘‘SEC. 5595. CAPITAL EXPENSES DEFINED.

‘‘In this subpart, the term ‘capital expenses’ means—

‘‘(1) expenditures for noninstructional goods and services,

such as the purchase, lease, or renovation of real and personal

property, including mobile educational units and leasing of

neutral sites or spaces;

‘‘(2) insurance and maintenance costs;

‘‘(3) transportation; and

‘‘(4) other comparable goods and services.

‘‘SEC. 5596. TERMINATION.

‘‘The authority provided by this subpart terminates effective October 1, 2003.

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‘‘Subpart 20—Additional Assistance for Certain Local Educational Agencies Impacted by Federal Property Acquisition

‘‘SEC. 5601. RESERVATION.

‘‘The Secretary is authorized to provide additional assistance to

meet special circumstances relating to the provision of education in

local educational agencies eligible to receive assistance under section

8002.

‘‘SEC. 5602. ELIGIBILITY.

‘‘A local educational agency is eligible to receive additional assistance under this subpart only if such agency—

‘‘(1) received a payment under both section 8002 and section 8003(b) for fiscal year 1996 and is eligible to receive payments under those sections for the year of application;

‘‘(2) provided a free public education to children described

under subparagraphs (A), (B), or (D) of section 8003(a)(1);

‘‘(3) had a military installation located within the geographic boundaries of the local educational agency that was

closed as a result of base closure or realignment and, at the

time at which the agency is applying for a payment under this

subpart, the agency does not have a military installation located within its geographic boundaries;

‘‘(4) remains responsible for the free public education of

children residing in housing located on Federal property within

the boundaries of the closed military installation but whose

parents are on active duty in the uniformed services and assigned to a military activity located within the boundaries of an

adjoining local educational agency; and

‘‘(5) demonstrates to the satisfaction of the Secretary that

such agency’s per-pupil revenue derived from local sources for

current expenditures is not less than that revenue for the preceding fiscal year.

‘‘SEC. 5603. MAXIMUM AMOUNT.

‘‘(a) MAXIMUM AMOUNT.—The maximum amount that a local

educational agency is eligible to receive under this subpart for any

fiscal year, when combined with its payment under section 8002(b),

shall not be more than 50 percent of the maximum amount determined under section 8002(b).

‘‘(b) INSUFFICIENT FUNDS.—If funds appropriated under section

5401 are insufficient to pay the amount determined under subsection (a), the Secretary shall ratably reduce the payment to each

local education agency eligible under this subpart.

‘‘(c) EXCESS FUNDS.—If funds appropriated under section 5401

are in excess of the amount determined under subsection (a), the

Secretary shall ratably distribute any excess funds to all local educational agencies eligible for payment under section 8002(b).

‘‘Subpart 21—Women’s Educational Equity Act

‘‘SEC. 5611. SHORT TITLE AND FINDINGS.

‘‘(a) SHORT TITLE.—This subpart may be cited as the ‘Women’s

Educational Equity Act of 2001’.

‘‘(b) FINDINGS.—Congress finds that—

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‘‘(1) since the enactment of title IX of the Education Amendments of 1972, women and girls have made strides in educational achievement and in their ability to avail themselves of

educational opportunities;

‘‘(2) because of funding provided under the Women’s Educational Equity Act, more curricula, training, and other educational materials concerning educational equity for women

and girls are available for national dissemination;

‘‘(3) teaching and learning practices in the United States

are frequently inequitable as such practices relate to women

and girls, for example—

‘‘(A) sexual harassment, particularly that experienced

by girls, undermines the ability of schools to provide a safe

and equitable learning or workplace environment;

‘‘(B) classroom textbooks and other educational materials do not sufficiently reflect the experiences, achievements, or concerns of women and, in most cases, are not

written by women or persons of color;

‘‘(C) girls do not take as many mathematics and

science courses as boys, girls lose confidence in their mathematics and science ability as girls move through adolescence, and there are few women role models in the sciences;

and

‘‘(D) pregnant and parenting teenagers are at high risk

for dropping out of school and existing dropout prevention

programs do not adequately address the needs of such teenagers;

‘‘(4) efforts to improve the quality of public education also

must include efforts to ensure equal access to quality education

programs for all women and girls;

‘‘(5) Federal support should address not only research and

development of innovative model curricula and teaching and

learning strategies to promote gender equity, but should also assist schools and local communities implement gender equitable

practices;

‘‘(6) Federal assistance for gender equity must be tied to

systemic reform, involve collaborative efforts to implement effective gender practices at the local level, and encourage parental

participation; and

‘‘(7) excellence in education, high educational achievements

and standards, and the full participation of women and girls

in American society, cannot be achieved without educational equity for women and girls.

‘‘SEC. 5612. STATEMENT OF PURPOSES.

‘‘It is the purpose of this subpart—

‘‘(1) to promote gender equity in education in the United

States;

‘‘(2) to provide financial assistance to enable educational

agencies and institutions to meet the requirements of title IX of

the Educational Amendments of 1972; and

‘‘(3) to promote equity in education for women and girls

who suffer from multiple forms of discrimination based on sex,

race, ethnic origin, limited English proficiency, disability, or

age.

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‘‘SEC. 5613. PROGRAMS AUTHORIZED.

‘‘(a) IN GENERAL.—The Secretary is authorized—

‘‘(1) to promote, coordinate, and evaluate gender equity policies, programs, activities, and initiatives in all Federal education programs and offices;

‘‘(2) to develop, maintain, and disseminate materials, resources, analyses, and research relating to education equity for

women and girls;

‘‘(3) to provide information and technical assistance to assure the effective implementation of gender equity programs;

‘‘(4) to coordinate gender equity programs and activities

with other Federal agencies with jurisdiction over education

and related programs; ‘‘(5) to assist the Assistant Secretary of the Office of Educational Research and Improvement in identifying research priorities related to education equity for women and girls; and ‘‘(6) to perform any other activities consistent with achieving the purposes of this subpart.

‘‘(b) GRANTS AUTHORIZED.—

‘‘(1) IN GENERAL.—The Secretary is authorized to award

grants to, and enter into contracts and cooperative agreements

with, public agencies, private nonprofit agencies, organizations,

institutions, student groups, community groups, and individuals, for a period not to exceed 4 years, to—

‘‘(A) provide grants to develop model equity programs;

and

‘‘(B) provide funds for the implementation of equity

programs in schools throughout the Nation.

‘‘(2) SUPPORT AND TECHNICAL ASSISTANCE.—To achieve the

purposes of this subpart, the Secretary is authorized to provide

support and technical assistance—

‘‘(A) to implement effective gender-equity policies and

programs at all educational levels, including—

‘‘(i) assisting educational agencies and institutions

to implement policies and practices to comply with title

IX of the Education Amendments of 1972;

‘‘(ii) training for teachers, counselors, administrators, and other school personnel, especially preschool

and elementary school personnel, in gender equitable

teaching and learning practices;

‘‘(iii) leadership training for women and girls to

develop professional and marketable skills to compete

in the global marketplace, improve self-esteem, and

benefit from exposure to positive role models;

‘‘(iv) school-to-work transition programs, guidance

and counseling activities, and other programs to increase opportunities for women and girls to enter a

technologically demanding workplace and, in particular, to enter highly skilled, high paying careers in

which women and girls have been underrepresented;

‘‘(v) enhancing educational and career opportunities for those women and girls who suffer multiple

forms of discrimination, based on sex, and on race, ethnic origin, limited English proficiency, disability, socioeconomic status, or age;

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‘‘(vi) assisting pregnant students and students

rearing children to remain in or to return to secondary

school, graduate, and prepare their preschool children

to start school; ‘‘(vii) evaluating exemplary model programs to assess the ability of such programs to advance educational equity for women and girls; ‘‘(viii) introduction into the classroom of textbooks,

curricula, and other materials designed to achieve equity for women and girls; ‘‘(ix) programs and policies to address sexual harassment and violence against women and girls and to

ensure that educational institutions are free from

threats to the safety of students and personnel; ‘‘(x) nondiscriminatory tests of aptitude and

achievement and of alternative assessments that eliminate biased assessment instruments from use; ‘‘(xi) programs to increase educational opportunities, including higher education, vocational training,

and other educational programs for low-income

women, including underemployed and unemployed

women, and women receiving assistance under a State

program funded under part A of title IV of the Social

Security Act; ‘‘(xii) programs to improve representation of

women in educational administration at all levels; and ‘‘(xiii) planning, development, and initial implementation of— ‘‘(I) comprehensive institutionwide or districtwide evaluation to assess the presence or absence

of gender equity in educational settings; ‘‘(II) comprehensive plans for implementation

of equity programs in State educational agencies

and local educational agencies and institutions of

higher education, including community colleges;

and

‘‘(III) innovative approaches to school-community partnerships for educational equity;

‘‘(B) for research and development, which shall be coordinated with each of the research institutes of the Office

of Educational Research and Improvement to avoid duplication of research efforts, designed to advance gender equity nationwide and to help make policies and practices in

educational agencies and institutions, and local communities, gender equitable, including—

‘‘(i) research and development of innovative strategies and model training programs for teachers and

other education personnel;

‘‘(ii) the development of high-quality and challenging assessment instruments that are nondiscriminatory;

‘‘(iii) the development and evaluation of model curricula, textbooks, software, and other educational materials to ensure the absence of gender stereotyping and

bias;

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‘‘(iv) the development of instruments and procedures that employ new and innovative strategies to assess whether diverse educational settings are gender equitable;

‘‘(v) the development of instruments and strategies

for evaluation, dissemination, and replication of promising or exemplary programs designed to assist local

educational agencies in integrating gender equity in

their educational policies and practices;

‘‘(vi) updating high-quality educational materials

previously developed through awards made under this

subpart;

‘‘(vii) the development of policies and programs to

address and prevent sexual harassment and violence to

ensure that educational institutions are free from

threats to safety of students and personnel;

‘‘(viii) the development and improvement of programs and activities to increase opportunity for

women, including continuing educational activities, vocational education, and programs for low-income

women, including underemployed and unemployed

women, and women receiving assistance under the

State program funded under part A of title IV of the

Social Security Act; and

‘‘(ix) the development of guidance and counseling

activities, including career education programs, designed to ensure gender equity.

‘‘SEC. 5614. APPLICATIONS.

‘‘An application under this subpart shall—

‘‘(1) set forth policies and procedures that will ensure a

comprehensive evaluation of the activities assisted under this

subpart, including an evaluation of the practices, policies, and

materials used by the applicant and an evaluation or estimate

of the continued significance of the work of the project following

completion of the award period;

‘‘(2) demonstrate how the applicant will address perceptions

of gender roles based on cultural differences or stereotypes;

‘‘(3) for applications for assistance under section 5613(b)(1),

demonstrate how the applicant will foster partnerships and,

where applicable, share resources with State educational agencies, local educational agencies, institutions of higher education,

community-based organizations (including organizations serving women), parent, teacher, and student groups, businesses, or

other recipients of Federal educational funding which may include State literacy resource centers;

‘‘(4) for applications for assistance under section 5613(b)(1),

demonstrate how parental involvement in the project will be encouraged; and

‘‘(5) for applications for assistance under section 5613(b)(1),

describe plans for continuation of the activities assisted under

this subpart with local support following completion of the

grant period and termination of Federal support under this

subpart.

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‘‘SEC. 5615. CRITERIA AND PRIORITIES.

‘‘(a) CRITERIA AND PRIORITIES.—

‘‘(1) IN GENERAL.—The Secretary shall establish separate

criteria and priorities for awards under paragraphs (1) and (2)

of section 5613(b) to ensure that funds under this subpart are

used for programs that most effectively will achieve the purposes of this subpart.

‘‘(2) CRITERIA.—The criteria described in paragraph (1)

may include the extent to which the activities assisted under

this subpart—

‘‘(A) address the needs of women and girls of color and

women and girls with disabilities; ‘‘(B) meet locally defined and documented educational

equity needs and priorities, including compliance with title

IX of the Education Amendments of 1972; ‘‘(C) are a significant component of a comprehensive

plan for educational equity and compliance with title IX of

the Education Amendments of 1972 in the particular school

district, institution of higher education, vocational-technical institution, or other educational agency or institution;

and ‘‘(D) implement an institutional change strategy with

long-term impact that will continue as a central activity of

the applicant after the grant under this subpart has terminated. ‘‘(b) PRIORITIES.—In awarding grants under this subpart, the

Secretary may give special consideration to applications—

‘‘(1) submitted by applicants that have not received assistance under this subpart or this subpart’s predecessor authorities;

‘‘(2) for projects that will contribute significantly to directly

improving teaching and learning practices in the local community; and

‘‘(3) for projects that will—

‘‘(A) provide for a comprehensive approach to enhancing gender equity in educational institutions and agencies;

‘‘(B) draw on a variety of resources, including the resources of local educational agencies, community-based organizations, institutions of higher education, and private

organizations;

‘‘(C) implement a strategy with long-term impact that

will continue as a central activity of the applicant after the

grant under this subpart has terminated;

‘‘(D) address issues of national significance that can be

duplicated; and

‘‘(E) address the educational needs of women and girls

who suffer multiple or compound discrimination based on

sex and on race, ethnic origin, disability, or age.

‘‘(c) SPECIAL RULE.—To the extent feasible, the Secretary shall

ensure that grants awarded under this subpart for each fiscal year

address—

‘‘(1) all levels of education, including preschool, elementary

and secondary education, higher education, vocational education, and adult education;

‘‘(2) all regions of the United States; and

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‘‘(3) urban, rural, and suburban educational institutions.

‘‘(d) COORDINATION.—Research activities supported under this

subpart—

‘‘(1) shall be carried out in consultation with the Office of

Educational Research and Improvement to ensure that such activities are coordinated with and enhance the research and development activities supported by the Office; and

‘‘(2) may include collaborative research activities which are

jointly funded and carried out with the Office of Educational

Research and Improvement.

‘‘(e) LIMITATION.—Nothing in this subpart shall be construed as

prohibiting men and boys from participating in any programs or activities assisted with funds under this subpart.

‘‘SEC. 5616. REPORT.

‘‘Not later than January 1, 2006, the Secretary shall submit to

the President and Congress a report on the status of educational equity for girls and women in the Nation.

‘‘SEC. 5617. ADMINISTRATION.

‘‘(a) EVALUATION AND DISSEMINATION.—Not later than January

1, 2005, the Secretary shall evaluate and disseminate materials and

programs developed under this subpart and shall report to Congress

regarding such evaluation materials and programs.

‘‘(b) PROGRAM OPERATIONS.—The Secretary shall ensure that

the activities assisted under this subpart are administered within

the Department by a person who has recognized professional qualifications and experience in the field of gender equity education.

‘‘SEC. 5618. AMOUNT.

‘‘From amounts made available to carry out this subpart for a

fiscal year, not less than 2⁄3 of such amount shall be used to carry

out the activities described in section 5613(b)(1).’’

SEC. 502. CONTINUATION OF AWARDS.

(a) IN GENERAL.—Notwithstanding any other provision of this

Act or the Elementary and Secondary Education Act of 1965 (20

U.S.C. 6301 et seq.), in the case of any agency or consortium that

was awarded a grant under section 5111 of the Elementary and

Secondary Education Act of 1965 (20 U.S.C. 7211) or any person or

agency that was awarded a contract or grant under part B, D, or

E of title X of the Elementary and Secondary Education Act of 1965

(20 U.S.C. 8031 et seq., 8091 et seq., 8131 et seq.), prior to the date

of enactment of this Act, the Secretary of Education shall continue

to provide funds in accordance with the terms of such award until

the date on which the award period terminates under such terms.

(b) SPECIAL RULE.—Notwithstanding any other provision of this

Act, any person or agency that was awarded or entered into a grant,

contract, or cooperative agreement under part B of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7231 et

seq.), prior to the date of enactment of this Act shall continue to receive funds in accordance with the terms of such grant, contract, or

agreement until the date on which the grant, contract, or agreement

period terminates under such terms.

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TITLE VI—FLEXIBILITY AND

ACCOUNTABILITY

SEC. 601. FLEXIBILITY AND ACCOUNTABILITY.

Title VI (20 U.S.C. 7301 et seq.) is amended to read as follows:

‘‘TITLE VI—FLEXIBILITY AND

ACCOUNTABILITY

‘‘PART A—IMPROVING ACADEMIC ACHIEVEMENT

‘‘Subpart 1—Accountability

‘‘SEC. 6111. GRANTS FOR STATE ASSESSMENTS AND RELATED ACTIVITIES.

‘‘The Secretary shall make grants to States to enable the

States— ‘‘(1) to pay the costs of the development of the additional

State assessments and standards required by section 1111(b),

which may include the costs of working in voluntary partnerships with other States, at the sole discretion of each such

State; and ‘‘(2) if a State has developed the assessments and standards

required by section 1111(b), to administer those assessments or

to carry out other activities described in this subpart and other

activities related to ensuring that the State’s schools and local

educational agencies are held accountable for results, such as

the following: ‘‘(A) Developing challenging State academic content

and student academic achievement standards and aligned

assessments in academic subjects for which standards and

assessments are not required by section 1111(b). ‘‘(B) Developing or improving assessments of English

language proficiency necessary to comply with section

1111(b)(7). ‘‘(C) Ensuring the continued validity and reliability of

State assessments. ‘‘(D) Refining State assessments to ensure their continued alignment with the State’s academic content standards

and to improve the alignment of curricula and instructional materials. ‘‘(E) Developing multiple measures to increase the reliability and validity of State assessment systems. ‘‘(F) Strengthening the capacity of local educational

agencies and schools to provide all students the opportunity

to increase educational achievement, including carrying out

professional development activities aligned with State student academic achievement standards and assessments.

‘‘(G) Expanding the range of accommodations available

to students with limited English proficiency and students

with disabilities to improve the rates of inclusion of such

students, including professional development activities

aligned with State academic achievement standards and

assessments.

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‘‘(H) Improving the dissemination of information on

student achievement and school performance to parents

and the community, including the development of information and reporting systems designed to identify best educational practices based on scientifically based research or

to assist in linking records of student achievement, length

of enrollment, and graduation over time.

‘‘SEC. 6112. GRANTS FOR ENHANCED ASSESSMENT INSTRUMENTS.

‘‘(a) GRANT PROGRAM AUTHORIZED.—From funds made available to carry out this subpart, the Secretary shall award, on a competitive basis, grants to State educational agencies that have submitted an application at such time, in such manner, and containing

such information as the Secretary may require, which demonstrate

to the satisfaction of the Secretary, that the requirements of this section will be met, for the following:

‘‘(1) To enable States (or consortia of States) to collaborate

with institutions of higher education, other research institutions, or other organizations to improve the quality, validity,

and reliability of State academic assessments beyond the requirements for such assessments described in section 1111(b)(3).

‘‘(2) To measure student academic achievement using multiple measures of student academic achievement from multiple

sources.

‘‘(3) To chart student progress over time.

‘‘(4) To evaluate student academic achievement through the

development of comprehensive academic assessment instruments, such as performance and technology-based academic assessments.

‘‘(b) APPLICATION.—Each State wishing to apply for funds

under this section shall include in its State plan under part A of

title I such information as the Secretary may require.

‘‘(c) ANNUAL REPORT.—Each State educational agency receiving

a grant under this section shall submit an annual report to the Secretary describing its activities, and the result of those activities,

under the grant.

‘‘SEC. 6113. FUNDING.

‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—

‘‘(1) NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS.—

For the purpose of administering the State assessments under

the National Assessment of Educational Progress, there are authorized to be appropriated $72,000,000 for fiscal year 2002,

and such sums as may be necessary for each of the 5 succeeding

fiscal years.

‘‘(2) STATE ASSESSMENTS AND RELATED ACTIVITIES.—For

the purpose of carrying out this subpart, there are authorized

to be appropriated $490,000,000 for fiscal year 2002, and such

sums as may be necessary for each of the 5 succeeding fiscal

years.

‘‘(b) ALLOTMENT OF APPROPRIATED FUNDS.— ‘‘(1) IN GENERAL.—From amounts made available for each

fiscal year under subsection (a)(2) that are equal to or less than

the amount described in section 1111(b)(3)(D) (hereinafter in

this subsection referred to as the ‘trigger amount’), the Secretary

shall—

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‘‘(A) reserve 1⁄2 of 1 percent for the Bureau of Indian Affairs;‘‘(B) reserve 1⁄2 of 1 percent for the outlying areas; and ‘‘(C) from the remainder, allocate to each State an

amount equal to— ‘‘(i) $3,000,000; and

‘‘(ii) with respect to any amounts remaining after

the allocation is made under clause (i), an amount that

bears the same relationship to such total remaining

amounts as the number of students ages 5 through 17

in the State (as determined by the Secretary on the

basis of the most recent satisfactory data) bears to the

total number of such students in all States. ‘‘(2) REMAINDER.—Any amounts remaining for a fiscal year

after the Secretary carries out paragraph (1) shall be made

available as follows: ‘‘(A)(i) To award funds under section 6112 to States according to the quality, needs, and scope of the State application under that section. ‘‘(ii) In determining the grant amount under clause (i),

the Secretary shall ensure that a State’s grant shall include

an amount that bears the same relationship to the total

funds available under this paragraph for the fiscal year as

the number of students ages 5 through 17 in the State (as

determined by the Secretary on the basis of the most recent

satisfactory data) bears to the total number of such students in all States. ‘‘(B) Any amounts remaining after the Secretary

awards funds under subparagraph (A) shall be allocated to

each State that did not receive a grant under such subparagraph, in an amount that bears the same relationship to

the total funds available under this subparagraph as the

number of students ages 5 through 17 in the State (as determined by the Secretary on the basis of the most recent

satisfactory data) bears to the total number of such students in all States.

‘‘(c) STATE DEFINED.—In this section, the term ‘State’ means

each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.

‘‘Subpart 2—Funding Transferability for State and Local

Educational Agencies

‘‘SEC. 6121. SHORT TITLE.

‘‘This subpart may be cited as the ‘State and Local Transferability Act’.

‘‘SEC. 6122. PURPOSE.

‘‘The purpose of this subpart is to allow States and local educational agencies the flexibility— ‘‘(1) to target Federal funds to Federal programs that most

effectively address the unique needs of States and localities; and ‘‘(2) to transfer Federal funds allocated to other activities to

allocations for certain activities authorized under title I.

‘‘SEC. 6123. TRANSFERABILITY OF FUNDS.

‘‘(a) TRANSFERS BY STATES.—

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‘‘(1) IN GENERAL.—In accordance with this subpart, a State

may transfer not more than 50 percent of the nonadministrative

State funds (including funds transferred under paragraph (2))

allotted to the State for use for State-level activities under the

following provisions for a fiscal year to one or more of the

State’s allotments for such fiscal year under any other of such

provisions: ‘‘(A) Section 2113(a)(3).

‘‘(B) Section 2412(a)(1).

‘‘(C) Subsections (a)(1) (with the agreement of the Governor) and (c)(1) of section 4112 and section 4202(c)(3). ‘‘(D) Section 5112(b). ‘‘(2) ADDITIONAL FUNDS FOR TITLE I.—In accordance with

this subpart and subject to the 50 percent limitation described

in paragraph (1), a State may transfer any funds allotted to the

State under a provision listed in paragraph (1) to its allotment

under title I.

‘‘(b) TRANSFERS BY LOCAL EDUCATIONAL AGENCIES.— ‘‘(1) AUTHORITY TO TRANSFER FUNDS.— ‘‘(A) IN GENERAL.—In accordance with this subpart, a

local educational agency (except a local educational agency

identified for improvement under section 1116(c) or subject

to corrective action under section 1116(c)(9)) may transfer

not more than 50 percent of the funds allocated to it (including funds transferred under subparagraph (C)) under

each of the provisions listed in paragraph (2) for a fiscal

year to one or more of its allocations for such fiscal year

under any other provision listed in paragraph (2). ‘‘(B) AGENCIES IDENTIFIED FOR IMPROVEMENT.—In accordance with this subpart, a local educational agency

identified for improvement under section 1116(c) may

transfer not more than 30 percent of the funds allocated to

it (including funds transferred under subparagraph (C))

under each of the provisions listed in paragraph (2) for a

fiscal year—

‘‘(i) to its allocation for school improvement for

such fiscal year under section 1003; or

‘‘(ii) to any other allocation for such fiscal year if

such transferred funds are used only for local educational agency improvement activities consistent with

section 1116(c).

‘‘(C) ADDITIONAL FUNDS FOR TITLE I.—In accordance

with this subpart and subject to the percentage limitation

described in subparagraph (A) or (B), as applicable, a local

educational agency may transfer funds allocated to such

agency under any of the provisions listed in paragraph (2)

for a fiscal year to its allocation for part A of title I for that

fiscal year.

‘‘(2) APPLICABLE PROVISIONS.—A local educational agency

may transfer funds under subparagraph (A), (B), or (C) of paragraph (1) from allocations made under each of the following

provisions: ‘‘(A) Section 2121.

‘‘(B) Section 2412(a)(2)(A).

‘‘(C) Section 4112(b)(1).

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‘‘(D) Section 5112(a).

‘‘(c) NO TRANSFER OF TITLE I FUNDS.—A State or a local educational agency may not transfer under this subpart to any other

program any funds allotted or allocated to it for part A of title I.

‘‘(d) MODIFICATION OF PLANS AND APPLICATIONS; NOTIFICATION.—

‘‘(1) STATE TRANSFERS.—Each State that makes a transfer

of funds under this section shall—

‘‘(A) modify, to account for such transfer, each State

plan, or application submitted by the State, to which such

funds relate;

‘‘(B) not later than 30 days after the date of such transfer, submit a copy of such modified plan or application to

the Secretary; and

‘‘(C) not later than 30 days before the effective date of

such transfer, notify the Secretary of such transfer.

‘‘(2) LOCAL TRANSFERS.—Each local educational agency

that makes a transfer of funds under this section shall—

‘‘(A) modify, to account for such transfer, each local

plan, or application submitted by the agency, to which such

funds relate;

‘‘(B) not later than 30 days after the date of such transfer, submit a copy of such modified plan or application to

the State; and

‘‘(C) not later than 30 days before the effective date of

such transfer, notify the State of such transfer.

‘‘(e) APPLICABLE RULES.—

‘‘(1) IN GENERAL.—Except as otherwise provided in this subpart, funds transferred under this section are subject to each of

the rules and requirements applicable to the funds under the

provision to which the transferred funds are transferred.

‘‘(2) CONSULTATION.—Each State educational agency or

local educational agency that transfers funds under this section

shall conduct consultations in accordance with section 9501, if

such transfer transfers funds from a program that provides for

the participation of students, teachers, or other educational personnel, from private schools.

‘‘Subpart 3—State and Local Flexibility Demonstration

‘‘SEC. 6131. SHORT TITLE.

‘‘This subpart may be cited as the ‘State and Local Flexibility

Demonstration Act’.

‘‘SEC. 6132. PURPOSE.

‘‘The purpose of this subpart is to create options for selected

State educational agencies and local educational agencies—

‘‘(1) to improve the academic achievement of all students,

and to focus the resources of the Federal Government upon such

achievement;

‘‘(2) to improve teacher quality and subject matter mastery,

especially in mathematics, reading, and science;

‘‘(3) to better empower parents, educators, administrators,

and schools to effectively address the needs of their children

and students;

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‘‘(4) to give participating State educational agencies and

local educational agencies greater flexibility in determining how

to increase their students’ academic achievement and implement

education reforms in their schools;

‘‘(5) to eliminate barriers to implementing effective State

and local education reform, while preserving the goals of opportunity for all students and accountability for student progress;

‘‘(6) to hold participating State educational agencies and

local educational agencies accountable for increasing the academic achievement of all students, especially disadvantaged

students; and

‘‘(7) to narrow achievement gaps between the lowest and

highest achieving groups of students so that no child is left behind.

‘‘SEC. 6133. GENERAL PROVISION.

‘‘For purposes of this subpart, any State that is one local educational agency shall be considered a State educational agency and

not a local educational agency.

‘‘CHAPTER A—STATE FLEXIBILITY AUTHORITY

‘‘SEC. 6141. STATE FLEXIBILITY.

‘‘(a) FLEXIBILITY AUTHORITY.—Except as otherwise provided in

this chapter, the Secretary shall, on a competitive basis, grant flexibility authority to not more than 7 eligible State educational agencies, under which the agencies may consolidate and use funds in accordance with section 6142.

‘‘(b) DEFINITIONS.—In this chapter:

‘‘(1) ELIGIBLE STATE EDUCATIONAL AGENCY.—The term ‘eligible State educational agency’ means a State educational agency that—

‘‘(A) submits an approvable application under subsection (c); and

‘‘(B) proposes performance agreements—

‘‘(i) that shall be entered into with not fewer than

4, and not more than 10, local educational agencies;

‘‘(ii) not fewer than half of which shall be entered

into with high-poverty local educational agencies; and

‘‘(iii) that require the local educational agencies described in clause (i) to align their use of consolidated

funds under section 6152 with the State educational

agency’s use of consolidated funds under section 6142.

‘‘(2) HIGH-POVERTY LOCAL EDUCATIONAL AGENCY.—The term

‘high-poverty local educational agency’ means a local educational agency for which 20 percent or more of the children

who are age 5 through 17, and served by the local educational

agency, are from families with incomes below the poverty line.

‘‘(c) STATE APPLICATIONS.—

‘‘(1) APPLICATIONS.—To be eligible to receive flexibility authority under this chapter, a State educational agency shall

submit an application to the Secretary at such time, in such

manner, and containing such information as the Secretary may

require, including—

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‘‘(A) information demonstrating, to the satisfaction of

the Secretary, that the grant of authority offers substantial

promise of—

‘‘(i) assisting the State educational agency in making adequate yearly progress, as defined under section

1111(b)(2); and ‘‘(ii) aligning State and local reforms and assisting

the local educational agencies that enter into performance agreements with the State educational agency

under paragraph (2) in making such adequate yearly

progress;

‘‘(B) the performance agreements that the State educational agency proposes to enter into with eligible local

educational agencies under paragraph (2); ‘‘(C) information demonstrating that the State educational agency has consulted with and involved parents,

representatives of local educational agencies, and other

educators in the development of the terms of the grant of

authority; ‘‘(D) a provision specifying that the grant of flexibility

authority shall be for a term of not more than 5 years; ‘‘(E) a list of the programs described in section 6142(b)

that are included in the scope of the grant of authority; ‘‘(F) a provision specifying that no requirements of any

program described in section 6142(b) and included by a

State educational agency in the scope of the grant of authority shall apply to that agency, except as otherwise provided in this chapter; ‘‘(G) a 5-year plan describing how the State educational agency intends to consolidate and use the funds

from programs included in the scope of the grant of authority, for any educational purpose authorized under this Act,

in order to make adequate yearly progress and advance the

education priorities of the State and the local educational

agencies with which the State educational agency enters

into performance agreements;

‘‘(H) an assurance that the State educational agency

will provide parents, teachers, and representatives of local

educational agencies and schools with notice and an opportunity to comment on the proposed terms of the grant of authority;

‘‘(I) an assurance that the State educational agency,

and the local educational agencies with which the State

educational agency enters into performance agreements,

will use fiscal control and fund accounting procedures that

will ensure proper disbursement of, and accounting for,

Federal funds consolidated and used under the grant of authority;

‘‘(J) an assurance that the State educational agency,

and the local educational agencies with which the State

educational agency enters into performance agreements,

will meet the requirements of all applicable Federal civil

rights laws in carrying out the grant of authority, including consolidating and using funds under the grant of authority;

464

‘‘(K) an assurance that, in consolidating and using

funds under the grant of authority—

‘‘(i) the State educational agency, and the local

educational agencies with which the State educational

agency enters into performance agreements, will provide for the equitable participation of students and professional staff in private schools consistent with section

9501; and

‘‘(ii) that sections 9502, 9503, and 9504 shall apply

to all services and assistance provided with such funds

in the same manner as such sections apply to services

and assistance provided in accordance with section

9501;

‘‘(L) an assurance that the State educational agency

will, for the duration of the grant of authority, use funds

consolidated under section 6142 only to supplement the

amount of funds that would, in the absence of those Federal funds, be made available from non-Federal sources for

the education of students participating in programs assisted with the consolidated funds, and not to supplant

those funds; and

‘‘(M) an assurance that the State educational agency

shall, not later than 1 year after the date on which the Secretary makes the grant of authority, and annually thereafter during the term of the grant of authority, disseminate

widely to parents and the general public, transmit to the

Secretary, distribute to print and broadcast media, and

post on the Internet, a report, which shall include a detailed description of how the State educational agency, and

the local educational agencies with which the State educational agency enters into performance agreements, used

the funds consolidated under the grant of authority to

make adequate yearly progress and advance the education

priorities of the State and local educational agencies in the

State.

‘‘(2) PROPOSED PERFORMANCE AGREEMENTS WITH LOCAL

EDUCATIONAL AGENCIES.—

‘‘(A) IN GENERAL.—A State educational agency that

wishes to receive flexibility authority under this subpart

shall propose performance agreements that meet the requirements of clauses (i) and (ii) of subsection (b)(1)(B)

(subject to approval of the application or amendment involved under subsection (d) or (e)).

‘‘(B) PERFORMANCE AGREEMENTS.—Each proposed performance agreement with a local educational agency

shall—

‘‘(i) contain plans for the local educational agency

to consolidate and use funds in accordance with section

6152, for activities that are aligned with the State educational agency’s plan described in paragraph (1)(G);

‘‘(ii) be subject to the requirements of chapter B relating to agreements between the Secretary and a local

educational agency, except—

465

‘‘(I) that, as appropriate, references in that

chapter to the Secretary shall be deemed to be references to the State educational agency; and ‘‘(II) as otherwise provided in this chapter;

and

‘‘(iii) contain an assurance that the local educational agency will, for the duration of the grant of

authority, use funds consolidated under section 6152

only to supplement the amount of funds that would, in

the absence of those Federal funds, be made available

from non-Federal sources for the education of students

participating in programs assisted with the consolidated funds, and not to supplant those funds. ‘‘(d) APPROVAL AND SELECTION.—The Secretary shall— ‘‘(1) establish a peer review process to assist in the review

of proposed State applications under this section; and ‘‘(2) appoint individuals to participate in the peer review

process who are— ‘‘(A) representative of parents, teachers, State educational agencies, and local educational agencies; and ‘‘(B) familiar with educational standards, assessments,

accountability, curricula, instruction, and staff development, and other diverse educational needs of students. ‘‘(e) AMENDMENT TO GRANT OF AUTHORITY.— ‘‘(1) IN GENERAL.—Subject to paragraph (2), the Secretary

shall amend the grant of flexibility authority made to a State

educational agency under this chapter, in each of the following

circumstances: ‘‘(A) REDUCTION IN SCOPE OF THE GRANT OF AUTHOR- ITY.—Not later than 1 year after receiving a grant of flexibility authority, the State educational agency seeks to

amend the grant of authority to remove from the scope of

the grant of authority any program described in section

6142(b).

‘‘(B) EXPANSION OF SCOPE OF THE GRANT OF AUTHOR- ITY.—Not later than 1 year after receiving a grant of flexibility authority, the State educational agency seeks to

amend the grant of authority to include in the scope of the

grant of authority any additional program described in section 6142(b) or any additional achievement indicators for

which the State will be held accountable. ‘‘(C) CHANGES WITH RESPECT TO NUMBER OF PERFORMANCE AGREEMENTS.—The State educational agency seeks to

amend the grant of authority to include or remove performance agreements that the State educational agency proposes

to enter into with eligible local educational agencies, except

that in no case may the State educational agency enter into

performance agreements that do not meet the requirements

of clauses (i) and (ii) of subsection (b)(1)(B).

‘‘(2) APPROVAL AND DISAPPROVAL.— ‘‘(A) DEEMED APPROVAL.—A proposed amendment to a

grant of flexibility authority submitted by a State educational agency pursuant to paragraph (1) shall be deemed

to be approved by the Secretary unless the Secretary makes

a written determination, prior to the expiration of the 120-

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day period beginning on the date on which the Secretary received the proposed amendment, that the proposed amendment is not in compliance with this chapter. ‘‘(B) DISAPPROVAL.—The Secretary shall not finally disapprove the proposed amendment, except after giving the

State educational agency notice and an opportunity for a

hearing. ‘‘(C) NOTIFICATION.—If the Secretary finds that the proposed amendment is not in compliance, in whole or in part,

with this chapter, the Secretary shall— ‘‘(i) give the State educational agency notice and

an opportunity for a hearing; and ‘‘(ii) notify the State educational agency of the finding of noncompliance and, in such notification, shall— ‘‘(I) cite the specific provisions in the proposed

amendment that are not in compliance; and ‘‘(II) request additional information, only as to

the noncompliant provisions, needed to make the

proposed amendment compliant. ‘‘(D) RESPONSE.—If the State educational agency responds to the Secretary’s notification described in subparagraph (C)(ii) during the 45-day period beginning on the

date on which the agency received the notification, and resubmits the proposed amendment with the requested information described in subparagraph (C)(ii)(II), the Secretary

shall approve or disapprove such proposed amendment

prior to the later of— ‘‘(i) the expiration of the 45-day period beginning

on the date on which the proposed amendment is resubmitted; or ‘‘(ii) the expiration of the 120-day period described

in subparagraph (A).

‘‘(E) FAILURE TO RESPOND.—If the State educational

agency does not respond to the Secretary’s notification described in subparagraph (C)(ii) during the 45-day period

beginning on the date on which the agency received the notification, such proposed amendment shall be deemed to be

disapproved.

‘‘(3) TREATMENT OF PROGRAM FUNDS WITHDRAWN FROM

GRANT OF AUTHORITY.—Beginning on the effective date of an

amendment executed under paragraph (1)(A), each program requirement of each program removed from the scope of a grant

of authority shall apply to the use of funds made available

under the program by the State educational agency and each

local educational agency with which the State educational

agency has a performance agreement.

‘‘SEC. 6142. CONSOLIDATION AND USE OF FUNDS.

‘‘(a) IN GENERAL.—

‘‘(1) AUTHORITY.—Under a grant of flexibility authority

made under this chapter, a State educational agency may consolidate Federal funds described in subsection (b) and made

available to the agency, and use such funds for any educational

purpose authorized under this Act.

‘‘(2) PROGRAM REQUIREMENTS.—Except as otherwise provided in this chapter, a State educational agency may use funds

467

under paragraph (1) notwithstanding the program requirements of the program under which the funds were made available to the State.

‘‘(b) ELIGIBLE FUNDS AND PROGRAMS.— ‘‘(1) FUNDS.—The funds described in this subsection are

funds, for State-level activities and State administration, that

are described in the following provisions: ‘‘(A) Section 1004.

‘‘(B) Paragraphs (4) and (5) of section 1202(d).

‘‘(C) Section 2113(a)(3).

‘‘(D) Section 2412(a)(1).

‘‘(E) Subsections (a) (with the agreement of the Governor), (b)(2), and (c)(1) of section 4112. ‘‘(F) Paragraphs (2) and (3) of section 4202(c).

‘‘(G) Section 5112(b). ‘‘(2) PROGRAMS.—The programs described in this subsection

are the programs authorized to be carried out with funds described in paragraph (1).

‘‘(c) SPECIAL RULE.—A State educational agency that receives a

grant of flexibility authority under this chapter— ‘‘(1) shall ensure that the funds described in section 5112(a)

are allocated to local educational agencies in the State in accordance with section 5112(a); but ‘‘(2) may specify how the local educational agencies shall

use the allocated funds.

‘‘SEC. 6143. PERFORMANCE REVIEW AND PENALTIES.

‘‘(a) MIDTERM REVIEW.— ‘‘(1) FAILURE TO MAKE ADEQUATE YEARLY PROGRESS.—If,

during the term of a grant of flexibility authority under this

chapter, a State educational agency fails to make adequate

yearly progress for 2 consecutive years, the Secretary shall, after

providing notice and an opportunity for a hearing, terminate

the grant of authority promptly. ‘‘(2) NONCOMPLIANCE.—The Secretary may, after providing

notice and an opportunity for a hearing (including the opportunity to provide evidence as described in paragraph (3)), terminate a grant of flexibility authority for a State if there is evidence that the State educational agency involved has failed to

comply with the terms of the grant of authority. ‘‘(3) EVIDENCE.—If a State educational agency believes that

a determination of the Secretary under this subsection is in

error for statistical or other substantive reasons, the State educational agency may provide supporting evidence to the Secretary, and the Secretary shall consider that evidence before

making a final termination determination under this subsection.

‘‘(b) FINAL REVIEW.—

‘‘(1) IN GENERAL.—If, at the end of the 5-year term of a

grant of flexibility authority made under this chapter, the State

educational agency has not met the requirements described in

section 6141(c), the Secretary may not renew the grant of flexibility authority under section 6144.

‘‘(2) COMPLIANCE.—Beginning on the date on which such

term ends, the State educational agency, and the local educational agencies with which the State educational agency has

468

entered into performance agreements, shall be required to comply with each of the program requirements in effect on such

date for each program that was included in the grant of authority.

‘‘SEC. 6144. RENEWAL OF GRANT OF FLEXIBILITY AUTHORITY.

‘‘(a) IN GENERAL.—Except as provided in section 6143 and in

accordance with this section, if a State educational agency has met,

by the end of the original 5-year term of a grant of flexibility authority under this chapter, the requirements described in section

6141(c), the Secretary shall renew a grant of flexibility authority for

one additional 5-year term. ‘‘(b) RENEWAL.—The Secretary may not renew a grant of flexibility authority under this chapter unless, not later than 6 months

before the end of the original term of the grant of authority, the

State educational agency seeking the renewal notifies the Secretary,

and the local educational agencies with which the State educational

agency has entered into performance agreements, of the agency’s intention to renew the grant of authority. ‘‘(c) EFFECTIVE DATE.—A renewal under this section shall be effective on the later of—

‘‘(1) the expiration of the original term of the grant of authority; or

‘‘(2) the date on which the State educational agency seeking

the renewal provides to the Secretary all data required for the

application described in section 6141(c).

‘‘CHAPTER B—LOCAL FLEXIBILITY

DEMONSTRATION

‘‘SEC. 6151. LOCAL FLEXIBILITY DEMONSTRATION AGREEMENTS.

‘‘(a) AUTHORITY.—Except as otherwise provided in this chapter,

the Secretary shall, on a competitive basis, enter into local flexibility

demonstration agreements—

‘‘(1) with local educational agencies that submit approvable

proposed agreements under subsection (c) and that are selected

under subsection (b); and

‘‘(2) under which those agencies may consolidate and use

funds in accordance with section 6152.

‘‘(b) SELECTION OF LOCAL EDUCATIONAL AGENCIES.— ‘‘(1) IN GENERAL.—Subject to paragraph (2), the Secretary

shall enter into local flexibility demonstration agreements under

this chapter with not more than 80 local educational agencies.

Each local educational agency shall be selected on a competitive

basis from among those local educational agencies that—

‘‘(A) submit a proposed local flexibility demonstration

agreement under subsection (c) to the Secretary and demonstrate, to the satisfaction of the Secretary, that the

agreement—

‘‘(i) has a substantial promise of assisting the local

educational agency in meeting the State’s definition of

adequate yearly progress, advancing the education priorities of the local educational agency, meeting the general purposes of the programs included under this

chapter and the purposes of this part, improving stuVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00472 Fmt 6659 Sfmt 6603 E:\HR\OC\A334HR.192 pfrm07 PsN: A334HR
469

dent achievement, and narrowing achievement gaps in

accordance with section 1111(b);

‘‘(ii) meets the requirements of this chapter; and

‘‘(iii) contains a plan to consolidate and use funds

in accordance with section 6152 in order to meet the

State’s definition of adequate yearly progress and the

local educational agency’s specific, measurable goals

for improving student achievement and narrowing

achievement gaps; and

‘‘(B) have consulted and involved parents and other

educators in the development of the proposed local flexibility demonstration agreement.

‘‘(2) GEOGRAPHIC DISTRIBUTION.—

‘‘(A) INITIAL AGREEMENTS.—The Secretary may enter

into not more than 3 local flexibility demonstration agreements under this chapter with local educational agencies in

each State that does not have a grant of flexibility authority under chapter A.

‘‘(B) URBAN AND RURAL AREAS.—If more than 3 local

educational agencies in a State submit approvable local

flexibility demonstration agreements under this chapter, the

Secretary shall select local educational agencies with which

to enter into such agreements in a manner that ensures an

equitable distribution among such agencies serving urban

and rural areas.

‘‘(C) PRIORITY OF STATES TO ENTER INTO STATE FLEXIBILITY DEMONSTRATION AGREEMENTS.—Notwithstanding

any other provision of this part, a local educational agency

may not seek to enter into a local flexibility demonstration

agreement under this chapter if that agency is located in a

State for which the State educational agency—

‘‘(i) has, not later than 4 months after the date of

enactment of the No Child Left Behind Act of 2001, notified the Secretary of its intent to apply for a grant of

flexibility authority under chapter A and, within such

period of time as the Secretary may establish, is provided with such authority by the Secretary; or

‘‘(ii) has, at any time after such period, been granted flexibility authority under chapter A.

‘‘(c) REQUIRED TERMS OF LOCAL FLEXIBILITY DEMONSTRATION

AGREEMENT.—Each local flexibility demonstration agreement entered into with the Secretary under this chapter shall contain each

of the following terms:

‘‘(1) DURATION.—The local flexibility demonstration agreement shall be for a term of 5 years.

‘‘(2) APPLICATION OF PROGRAM REQUIREMENTS.—The local

flexibility demonstration agreement shall provide that no requirements of any program described in section 6152 and included by a local educational agency in the scope of its agreement shall apply to that agency, except as otherwise provided

in this chapter.

‘‘(3) LIST OF PROGRAMS.—The local flexibility demonstration agreement shall list which of the programs described in

section 6152 are included in the scope of the agreement.

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‘‘(4) USE OF FUNDS TO IMPROVE STUDENT ACHIEVEMENT.—

The local flexibility demonstration agreement shall contain a 5-

year plan describing how the local educational agency intends

to consolidate and use the funds from programs included in the

scope of the agreement for any educational purpose authorized

under this Act to advance the education priorities of the local

educational agency, meet the general purposes of the included

programs, improve student achievement, and narrow achievement gaps in accordance with section 1111(b).

‘‘(5) LOCAL INPUT.—The local flexibility demonstration

agreement shall contain an assurance that the local educational

agency will provide parents, teachers, and representatives of

schools with notice and an opportunity to comment on the proposed terms of the local flexibility demonstration agreement.

‘‘(6) FISCAL RESPONSIBILITIES.—The local flexibility demonstration agreement shall contain an assurance that the local

educational agency will use fiscal control and fund accounting

procedures that will ensure proper disbursement of, and accounting for, Federal funds consolidated and used under the

agreement.

‘‘(7) CIVIL RIGHTS.—The local flexibility demonstration

agreement shall contain an assurance that the local educational

agency will meet the requirements of all applicable Federal civil

rights laws in carrying out the agreement and in consolidating

and using the funds under the agreement.

‘‘(8) PRIVATE SCHOOL PARTICIPATION.—The local flexibility

demonstration agreement shall contain an assurance that the

local educational agency agrees that in consolidating and using

funds under the agreement—

‘‘(A) the local educational agency, will provide for the

equitable participation of students and professional staff in

private schools consistent with section 9501; and

‘‘(B) that sections 9502, 9503, and 9504 shall apply to

all services and assistance provided with such funds in the

same manner as such sections apply to services and assistance provided in accordance with section 9501.

‘‘(9) SUPPLANTING.— The local flexibility demonstration

agreement shall contain an assurance that the local educational

agency will, for the duration of the grant of authority, use funds

consolidated under section 6152 only to supplement the amount

of funds that would, in the absence of those Federal funds, be

made available from non-Federal sources for the education of

students participating in programs assisted with the consolidated funds, and not to supplant those funds.

‘‘(10) ANNUAL REPORTS.—The local flexibility demonstration agreement shall contain an assurance that the local educational agency shall, not later than 1 year after the date on

which the Secretary enters into the agreement, and annually

thereafter during the term of the agreement, disseminate widely

to parents and the general public, transmit to the Secretary,

and the State educational agency for the State in which the

local educational agency is located, distribute to print and

broadcast media, and post on the Internet, a report that includes a detailed description of how the local educational agenVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00474 Fmt 6659 Sfmt 6603 E:\HR\OC\A334HR.193 pfrm07 PsN: A334HR
471

cy used the funds consolidated under the agreement to improve

student academic achievement and reduce achievement gaps.

‘‘(d) PEER REVIEW.—The Secretary shall—

‘‘(1) establish a peer review process to assist in the review

of proposed local flexibility demonstration agreements under

this chapter; and

‘‘(2) appoint individuals to the peer review process who are

representative of parents, teachers, State educational agencies,

and local educational agencies, and who are familiar with educational standards, assessments, accountability, curriculum, instruction and staff development, and other diverse educational

needs of students.

‘‘(e) AMENDMENT TO PERFORMANCE AGREEMENT.—

‘‘(1) IN GENERAL.—In each of the following circumstances,

the Secretary shall amend a local flexibility demonstration

agreement entered into with a local educational agency under

this chapter:

‘‘(A) REDUCTION IN SCOPE OF LOCAL FLEXIBILITY DEMONSTRATION AGREEMENT.—Not later than 1 year after entering into a local flexibility demonstration agreement, the

local educational agency seeks to amend the agreement to

remove from the scope any program described in section

6152.

‘‘(B) EXPANSION OF SCOPE OF LOCAL FLEXIBILITY DEMONSTRATION AGREEMENT.—Not later than 1 year after entering into the local flexibility demonstration agreement, a

local educational agency seeks to amend the agreement to

include in its scope any additional program described in

section 6251 or any additional achievement indicators for

which the local educational agency will be held accountable.

‘‘(2) APPROVAL AND DISAPPROVAL.—

‘‘(A) DEEMED APPROVAL.—A proposed amendment to a

local flexibility demonstration agreement pursuant to paragraph (1) shall be deemed to be approved by the Secretary

unless the Secretary makes a written determination, prior

to the expiration of the 120-day period beginning on the

date on which the Secretary received the proposed amendment, that the proposed amendment is not in compliance

with this chapter.

‘‘(B) DISAPPROVAL.—The Secretary shall not finally disapprove the proposed amendment, except after giving the

local educational agency notice and an opportunity for a

hearing.

‘‘(C) NOTIFICATION.—If the Secretary finds that the proposed amendment is not in compliance, in whole or in part,

with this chapter, the Secretary shall—

‘‘(i) give the local educational agency notice and an

opportunity for a hearing; and

‘‘(ii) notify the local educational agency of the finding of noncompliance and, in such notification, shall—

‘‘(I) cite the specific provisions in the proposed

amendment that are not in compliance; and

472

‘‘(II) request additional information, only as to

the noncompliant provisions, needed to make the

proposed amendment compliant.

‘‘(D) RESPONSE.—If the local educational agency responds to the Secretary’s notification described in subparagraph (C)(ii) during the 45-day period beginning on the

date on which the agency received the notification, and resubmits the proposed amendment with the requested information described in subparagraph (C)(ii)(II), the Secretary

shall approve or disapprove such proposed amendment

prior to the later of—

‘‘(i) the expiration of the 45-day period beginning

on the date on which the proposed amendment is resubmitted; or

‘‘(ii) the expiration of the 120-day period described

in subparagraph (A).

‘‘(E) FAILURE TO RESPOND.—If the local educational

agency does not respond to the Secretary’s notification described in subparagraph (C)(ii) during the 45-day period

beginning on the date on which the agency received the notification, such proposed amendment shall be deemed to be

disapproved.

‘‘(3) TREATMENT OF PROGRAM FUNDS WITHDRAWN FROM

AGREEMENT.—Beginning on the effective date of an amendment

executed under paragraph (1)(A), each program requirement of

each program removed from the scope of a local flexibility demonstration agreement shall apply to the use of funds made

available under the program by the local educational agency.

‘‘SEC. 6152. CONSOLIDATION AND USE OF FUNDS.

‘‘(a) IN GENERAL.—

‘‘(1) AUTHORITY.—Under a local flexibility demonstration

agreement entered into under this chapter, a local educational

agency may consolidate Federal funds made available to the

agency under the provisions listed in subsection (b) and use

such funds for any educational purpose permitted under this

Act.

‘‘(2) PROGRAM REQUIREMENTS.—Except as otherwise provided in this chapter, a local educational agency may use funds

under paragraph (1) notwithstanding the program requirements of the program under which the funds were made available to the agency.

‘‘(b) ELIGIBLE PROGRAMS.—Program funds made available to

local educational agencies on the basis of a formula under the following provisions may be consolidated and used under subsection

(a):

‘‘(1) Subpart 2 of part A of title II.

‘‘(2) Subpart 1 of part D of title II.

‘‘(3) Subpart 1 of part A of title IV.

‘‘(4) Subpart 1 of part A of title V.

‘‘SEC. 6153. LIMITATIONS ON ADMINISTRATIVE EXPENDITURES.

‘‘Each local educational agency that has entered into a local

flexibility demonstration agreement with the Secretary under this

chapter may use for administrative purposes not more than 4 perVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00476 Fmt 6659 Sfmt 6603 E:\HR\OC\A334HR.194 pfrm07 PsN: A334HR
473

cent of the total amount of funds allocated to the agency under the

programs included in the scope of the agreement.

‘‘SEC. 6154. PERFORMANCE REVIEW AND PENALTIES.

‘‘(a) MIDTERM REVIEW.—

‘‘(1) FAILURE TO MAKE ADEQUATE YEARLY PROGRESS.—If,

during the term of a local flexibility demonstration agreement,

a local educational agency fails to make adequate yearly

progress for 2 consecutive years, the Secretary shall, after notice

and opportunity for a hearing, promptly terminate the agreement.

‘‘(2) NONCOMPLIANCE.—The Secretary may, after providing

notice and an opportunity for a hearing (including the opportunity to provide information as provided for in paragraph (3)),

terminate a local flexibility demonstration agreement under this

chapter if there is evidence that the local educational agency

has failed to comply with the terms of the agreement.

‘‘(3) EVIDENCE.—If a local educational agency believes that

the Secretary’s determination under this subsection is in error

for statistical or other substantive reasons, the local educational

agency may provide supporting evidence to the Secretary, and

the Secretary shall consider that evidence before making a final

early termination determination.

‘‘(b) FINAL REVIEW.—If, at the end of the 5-year term of a local

flexibility demonstration agreement entered into under this chapter,

the local educational agency has not met the requirements described

in section 6151(c), the Secretary may not renew the agreement under

section 6155 and, beginning on the date on which such term ends,

the local educational agency shall be required to comply with each

of the program requirements in effect on such date for each program

included in the local flexibility demonstration agreement.

‘‘SEC. 6155. RENEWAL OF LOCAL FLEXIBILITY DEMONSTRATION

AGREEMENT.

‘‘(a) IN GENERAL.—Except as provided in section 6154 and in

accordance with this section, the Secretary shall renew for 1 additional 5-year term a local flexibility demonstration agreement entered into under this chapter if the local educational agency has

met, by the end of the original term of the agreement, the requirements described in section 6151(c).

‘‘(b) NOTIFICATION.—The Secretary may not renew a local flexibility demonstration agreement under this chapter unless, not less

than 6 months before the end of the original term of the agreement,

the local educational agency seeking the renewal notifies the Secretary of its intention to renew.

‘‘(c) EFFECTIVE DATE.—A renewal under this section shall be effective at the end of the original term of the agreement or on the

date on which the local educational agency seeking renewal provides

to the Secretary all data required under the agreement, whichever

is later.

‘‘SEC. 6156. REPORTS.

‘‘(a) TRANSMITTAL TO CONGRESS.—Not later than 60 days after

the Secretary receives a report described in section 6151(b)(10), the

Secretary shall make the report available to the Committee on Education and the Workforce of the House of Representatives and the

Committee on Health, Education, Labor and Pensions of the Senate.

474

‘‘(b) LIMITATION.—A State in which a local educational agency

that has a local flexibility demonstration agreement is located may

not require such local educational agency to provide any application

information with respect to the programs included within the scope

of that agreement other than that information that is required to be

included in the report described in section 6151(b)(10).

‘‘Subpart 4—State Accountability for Adequate Yearly

Progress

‘‘SEC. 6161. ACCOUNTABILITY FOR ADEQUATE YEARLY PROGRESS.

‘‘In the case of a State educational agency that has a plan approved under subpart 1 of part A of title I after the date of enactment of the No Child Left Behind Act of 2001, and has a plan approved under subpart 1 of part A of title III of such Act after such

date of enactment, the Secretary shall annually, starting with the

beginning of the first school year following the first 2 school years

for which such plans were implemented, review whether the State

has—

‘‘(1) made adequate yearly progress, as defined in section

1111(b)(2)(B), for each of the groups of students described in

section 1111(b)(2)(C)(v); and

‘‘(2) met its annual measurable achievement objectives

under section 3122(a).

‘‘SEC. 6162. PEER REVIEW.

‘‘The Secretary shall use a peer review process to review, based

on data from the State assessments administered under section

1111(b)(3) and on data from the evaluations conducted under section 3121, whether the State has failed to make adequate yearly

progress for 2 consecutive years or whether the State has met its annual measurable achievement objectives.

‘‘SEC. 6163. TECHNICAL ASSISTANCE.

‘‘(a) PROVISION OF ASSISTANCE.—

‘‘(1) ADEQUATE YEARLY PROGRESS.—Based on the review described in section 6161(1), the Secretary shall provide technical

assistance to a State that has failed to make adequate yearly

progress, as defined in section 1111(b)(2), for 2 consecutive

years. The Secretary shall provide such assistance not later

than the beginning of the first school year that begins after such

determination is made.

‘‘(2) ANNUAL MEASURABLE ACHIEVEMENT OBJECTIVES.—

Based on the reviews described in section 6161(2), the Secretary

may provide technical assistance to a State that has failed to

meet its annual measurable achievement objectives under section 3122(a) for 2 consecutive years. The Secretary shall provide

such assistance not later than the beginning of the first school

year that begins after such determination is made.

‘‘(b) CHARACTERISTICS.—The technical assistance described in

subsection (a) shall—

‘‘(1) be valid, reliable and rigorous; and

‘‘(2) provide constructive feedback to help the State make

adequate yearly progress, as defined in section 1111(b)(2), or

meet the annual measurable achievement objectives under section 3122(a).

475

‘‘SEC. 6164. REPORT TO CONGRESS.

‘‘Beginning with the school year that begins in 2005, the Secretary shall submit an annual report to the Committee on Education and the Workforce of the House of Representatives and the

Committee on Health, Education, Labor, and Pensions of the Senate

containing the following:

‘‘(1) A list of each State that has not made adequate yearly

progress based on the review conducted under section 6161(1).

‘‘(2) A list of each State that has not met its annual measurable achievement objectives based on the review conducted

under section 6161(2).

‘‘(3) The information reported by the State to the Secretary

pursuant to section 1119(a).

‘‘(4) A description of any technical assistance provided pursuant to section 6163.

‘‘PART B—RURAL EDUCATION INITIATIVE

‘‘SEC. 6201. SHORT TITLE.

‘‘This part may be cited as the ‘Rural Education Achievement

Program’.

‘‘SEC. 6202. PURPOSE.

‘‘It is the purpose of this part to address the unique needs of

rural school districts that frequently—

‘‘(1) lack the personnel and resources needed to compete effectively for Federal competitive grants; and

‘‘(2) receive formula grant allocations in amounts too small

to be effective in meeting their intended purposes.

‘‘Subpart 1—Small, Rural School Achievement Program

‘‘SEC. 6211. USE OF APPLICABLE FUNDING.

‘‘(a) ALTERNATIVE USES.—

‘‘(1) IN GENERAL.—Notwithstanding any other provision of

law, an eligible local educational agency may use the applicable

funding that the agency is eligible to receive from the State educational agency for a fiscal year to carry out local activities authorized under any of the following provisions:

‘‘(A) Part A of title I.

‘‘(B) Part A or D of title II.

‘‘(C) Title III.

‘‘(D) Part A or B of title IV.

‘‘(E) Part A of title V.

‘‘(2) NOTIFICATION.—An eligible local educational agency

shall notify the State educational agency of the local educational agency’s intention to use the applicable funding in accordance with paragraph (1), by a date that is established by

the State educational agency for the notification.

‘‘(b) ELIGIBILITY.—

‘‘(1) IN GENERAL.—A local educational agency shall be eligible to use the applicable funding in accordance with subsection

(a) if—

‘‘(A)(i)(I) the total number of students in average daily

attendance at all of the schools served by the local educational agency is fewer than 600; or

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‘‘(II) each county in which a school served by the local

educational agency is located has a total population density

of fewer than 10 persons per square mile; and

‘‘(ii) all of the schools served by the local educational

agency are designated with a school locale code of 7 or 8,

as determined by the Secretary; or

‘‘(B) the agency meets the criteria established in subparagraph (A)(i) and the Secretary, in accordance with

paragraph (2), grants the local educational agency’s request

to waive the criteria described in subparagraph (A)(ii).

‘‘(2) CERTIFICATION.—The Secretary shall determine whether to waive the criteria described in paragraph (1)(A)(ii) based

on a demonstration by the local educational agency, and concurrence by the State educational agency, that the local educational agency is located in an area defined as rural by a governmental agency of the State.

‘‘(c) APPLICABLE FUNDING DEFINED.—In this section, the term

‘applicable funding’ means funds provided under any of the following provisions:

‘‘(1) Subpart 2 and section 2412(a)(2)(A) of title II.

‘‘(2) Section 4114.

‘‘(3) Part A of title V.

‘‘(d) DISBURSEMENT.—Each State educational agency that receives applicable funding for a fiscal year shall disburse the applicable funding to local educational agencies for alternative uses

under this section for the fiscal year at the same time as the State

educational agency disburses the applicable funding to local educational agencies that do not intend to use the applicable funding

for such alternative uses for the fiscal year.

‘‘(e) APPLICABLE RULES.—Applicable funding under this section

shall be available to carry out local activities authorized under subsection (a).

‘‘SEC. 6212. GRANT PROGRAM AUTHORIZED.

‘‘(a) IN GENERAL.—The Secretary is authorized to award grants

to eligible local educational agencies to enable the local educational

agencies to carry out activities authorized under any of the following provisions:

‘‘(1) Part A of title I.

‘‘(2) Part A or D of title II.

‘‘(3) Title III.

‘‘(4) Part A or B of title IV.

‘‘(5) Part A of title V.

‘‘(b) ALLOCATION.—

‘‘(1) IN GENERAL.—Except as provided in paragraph (3), the

Secretary shall award a grant under subsection (a) to a local

educational agency eligible under section 6211(b) for a fiscal

year in an amount equal to the initial amount determined

under paragraph (2) for the fiscal year minus the total amount

received by the agency under the provisions of law described in

section 6211(c) for the preceding fiscal year.

‘‘(2) DETERMINATION OF INITIAL AMOUNT.—The initial

amount referred to in paragraph (1) is equal to $100 multiplied

by the total number of students in excess of 50 students, in average daily attendance at the schools served by the local eduVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00480 Fmt 6659 Sfmt 6603 E:\HR\OC\A334HR.197 pfrm07 PsN: A334HR
477

cational agency, plus $20,000, except that the initial amount

may not exceed $60,000.

‘‘(3) RATABLE ADJUSTMENT.—

‘‘(A) IN GENERAL.—If the amount made available to

carry out this section for any fiscal year is not sufficient to

pay in full the amounts that local educational agencies are

eligible to receive under paragraph (1) for such year, the

Secretary shall ratably reduce such amounts for such year.

‘‘(B) ADDITIONAL AMOUNTS.—If additional funds become available for making payments under paragraph (1)

for such fiscal year, payments that were reduced under subparagraph (A) shall be increased on the same basis as such

payments were reduced.

‘‘(c) DISBURSEMENT.—The Secretary shall disburse the funds

awarded to a local educational agency under this section for a fiscal

year not later than July 1 of that fiscal year.

‘‘(d) SPECIAL ELIGIBILITY RULE.—A local educational agency

that is eligible to receive a grant under this subpart for a fiscal year

is not eligible to receive funds for such fiscal year under subpart 2.

‘‘SEC. 6213. ACCOUNTABILITY.

‘‘(a) ACADEMIC ACHIEVEMENT ASSESSMENT.—Each local educational agency that uses or receives funds under this subpart for

a fiscal year shall administer an assessment that is consistent with

section 1111(b)(3).

‘‘(b) DETERMINATION REGARDING CONTINUING PARTICIPATION.—

Each State educational agency that receives funding under the provisions of law described in section 6211(c) shall—

‘‘(1) after the third year that a local educational agency in

the State participates in a program under this subpart and on

the basis of the results of the assessments described in subsection (a), determine whether the local educational agency participating in the program made adequate yearly progress, as described in section 1111(b)(2);

‘‘(2) permit only those local educational agencies that participated and made adequate yearly progress, as described in

section 1111(b)(2), to continue to participate; and

‘‘(3) permit those local educational agencies that participated and failed to make adequate yearly progress, as described

in section 1111(b)(2), to continue to participate only if such

local educational agencies use applicable funding under this

subpart to carry out the requirements of section 1116.

‘‘Subpart 2—Rural and Low-Income School Program

‘‘SEC. 6221. PROGRAM AUTHORIZED.

‘‘(a) GRANTS TO STATES.—

‘‘(1) IN GENERAL.—From amounts appropriated under section 6234 for this subpart for a fiscal year that are not reserved

under subsection (c), the Secretary shall award grants (from allotments made under paragraph (2)) for the fiscal year to State

educational agencies that have applications submitted under

section 6223 approved to enable the State educational agencies

to award grants to eligible local educational agencies for local

authorized activities described in section 6222(a).

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‘‘(2) ALLOTMENT.—From amounts described in paragraph

(1) for a fiscal year, the Secretary shall allot to each State educational agency for that fiscal year an amount that bears the

same ratio to those amounts as the number of students in average daily attendance served by eligible local educational agencies in the State for that fiscal year bears to the number of all

such students served by eligible local educational agencies in

all States for that fiscal year. ‘‘(3) SPECIALLY QUALIFIED AGENCIES.— ‘‘(A) ELIGIBILITY AND APPLICATION.—If a State educational agency elects not to participate in the program

under this subpart or does not have an application submitted under section 6223 approved, a specially qualified

agency in such State desiring a grant under this subpart

may submit an application under such section directly to

the Secretary to receive an award under this subpart. ‘‘(B) DIRECT AWARDS.—The Secretary may award, on a

competitive basis or by formula, the amount the State educational agency is eligible to receive under paragraph (2)

directly to a specially qualified agency in the State that has

submitted an application in accordance with subparagraph

(A) and obtained approval of the application. ‘‘(C) SPECIALLY QUALIFIED AGENCY DEFINED.—In this

subpart, the term ‘specially qualified agency’ means an eligible local educational agency served by a State educational agency that does not participate in a program

under this subpart in a fiscal year, that may apply directly

to the Secretary for a grant in such year under this subsection. ‘‘(b) LOCAL AWARDS.— ‘‘(1) ELIGIBILITY.—A local educational agency shall be eligible to receive a grant under this subpart if— ‘‘(A) 20 percent or more of the children ages 5 through

17 years served by the local educational agency are from

families with incomes below the poverty line; and

‘‘(B) all of the schools served by the agency are designated with a school locale code of 6, 7, or 8, as determined by the Secretary.

‘‘(2) AWARD BASIS.—A State educational agency shall

award grants to eligible local educational agencies— ‘‘(A) on a competitive basis;

‘‘(B) according to a formula based on the number of

students in average daily attendance served by the eligible

local educational agencies or schools in the State; or ‘‘(C) according to an alternative formula, if, prior to

awarding the grants, the State educational agency demonstrates, to the satisfaction of the Secretary, that the alternative formula enables the State educational agency to allot

the grant funds in a manner that serves equal or greater

concentrations of children from families with incomes

below the poverty line, relative to the concentrations that

would be served if the State educational agency used the

formula described in subparagraph (B).

‘‘(c) RESERVATIONS.—From amounts appropriated under section

6234 for this subpart for a fiscal year, the Secretary shall reserve—

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‘‘(1) 1⁄2 of 1 percent to make awards to elementary schools

or secondary schools operated or supported by the Bureau of Indian Affairs, to carry out the activities authorized under this

subpart; and

‘‘(2) 1⁄2 of 1 percent to make awards to the outlying areas

in accordance with their respective needs, to carry out the activities authorized under this subpart.

‘‘SEC. 6222. USES OF FUNDS.

‘‘(a) LOCAL AWARDS.—Grant funds awarded to local educational

agencies under this subpart shall be used for any of the following:

‘‘(1) Teacher recruitment and retention, including the use of

signing bonuses and other financial incentives.

‘‘(2) Teacher professional development, including programs

that train teachers to utilize technology to improve teaching and

to train special needs teachers.

‘‘(3) Educational technology, including software and hardware, as described in part D of title II.

‘‘(4) Parental involvement activities.

‘‘(5) Activities authorized under the Safe and Drug-Free

Schools program under part A of title IV.

‘‘(6) Activities authorized under part A of title I.

‘‘(7) Activities authorized under title III.

‘‘(b) ADMINISTRATIVE COSTS.—A State educational agency receiving a grant under this subpart may not use more than 5 percent

of the amount of the grant for State administrative costs and to provide technical assistance to eligible local educational agencies.

‘‘SEC. 6223. APPLICATIONS.

‘‘(a) IN GENERAL.—Each State educational agency or specially

qualified agency desiring to receive a grant under this subpart shall

submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require.

‘‘(b) CONTENTS.—At a minimum, each application submitted

under subsection (a) shall include information on specific measurable goals and objectives to be achieved through the activities carried out through the grant, which may include specific educational

goals and objectives relating to—

‘‘(1) increased student academic achievement;

‘‘(2) decreased student dropout rates; or

‘‘(3) such other factors as the State educational agency or

specially qualified agency may choose to measure.

‘‘SEC. 6224. ACCOUNTABILITY.

‘‘(a) STATE REPORT.—Each State educational agency that receives a grant under this subpart shall prepare and submit an annual report to the Secretary. The report shall describe—

‘‘(1) the method the State educational agency used to award

grants to eligible local educational agencies, and to provide assistance to schools, under this subpart;

‘‘(2) how local educational agencies and schools used funds

provided under this subpart; and

‘‘(3) the degree to which progress has been made toward

meeting the goals and objectives described in the application

submitted under section 6223.

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‘‘(b) SPECIALLY QUALIFIED AGENCY REPORT.—Each specially

qualified agency that receives a grant under this subpart shall provide an annual report to the Secretary. Such report shall describe— ‘‘(1) how such agency uses funds provided under this subpart; and ‘‘(2) the degree to which progress has been made toward

meeting the goals and objectives described in the application

submitted under section 6223.

‘‘(c) REPORT TO CONGRESS.—The Secretary shall prepare and

submit to the Committee on Education and the Workforce of the

House of Representatives and the Committee on Health, Education,

Labor, and Pensions of the Senate a biennial report. The report

shall describe— ‘‘(1) the methods the State educational agencies used to

award grants to eligible local educational agencies, and to provide assistance to schools, under this subpart; ‘‘(2) how local educational agencies and schools used funds

provided under this subpart; and ‘‘(3) the degree to which progress has been made toward

meeting the goals and objectives described in the applications

submitted under section 6223.

‘‘(d) ACADEMIC ACHIEVEMENT ASSESSMENT.—Each local educational agency or specially qualified agency that receives a grant

under this subpart for a fiscal year shall administer an assessment

that is consistent with section 1111(b)(3). ‘‘(e) DETERMINATION REGARDING CONTINUING PARTICIPATION.— Each State educational agency or specially qualified agency that receives a grant under this subpart shall— ‘‘(1) after the third year that a local educational agency or

specially qualified agency in the State receives funds under this

subpart, and on the basis of the results of the assessments described in subsection (d)— ‘‘(A) in the case of a local educational agency, determine whether the local educational agency made adequate

yearly progress, as described in section 1111(b)(2); and ‘‘(B) in the case of a specially qualified agency, submit

to the Secretary information that would allow the Secretary

to determine whether the specially qualified agency has

made adequate yearly progress, as described in section

1111(b)(2);

‘‘(2) permit only those local educational agencies or specially qualified agencies that made adequate yearly progress, as

described in section 1111(b)(2), to continue to receive grants

under this subpart; and ‘‘(3) permit those local educational agencies or specially

qualified agencies that failed to make adequate yearly progress,

as described in section 1111(b)(2), to continue to receive such

grants only if the State educational agency disbursed such

grants to the local educational agencies or specially qualified

agencies to carry out the requirements of section 1116.

‘‘Subpart 3—General Provisions

‘‘SEC. 6231. ANNUAL AVERAGE DAILY ATTENDANCE DETERMINATION.

‘‘(a) CENSUS DETERMINATION.—Each local educational agency

desiring a grant under section 6212 and each local educational

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agency or specially qualified agency desiring a grant under subpart

2 shall—

‘‘(1) not later than December 1 of each year, conduct a census to determine the number of students in average daily attendance in kindergarten through grade 12 at the schools

served by the agency; and

‘‘(2) not later than March 1 of each year, submit the number described in paragraph (1) to the Secretary (and to the

State educational agency, in the case of a local educational

agency seeking a grant under subpart (2)).

‘‘(b) PENALTY.—If the Secretary determines that a local educational agency or specially qualified agency has knowingly submitted false information under subsection (a) for the purpose of

gaining additional funds under section 6212 or subpart 2, then the

agency shall be fined an amount equal to twice the difference between the amount the agency received under this section and the

correct amount the agency would have received under section 6212

or subpart 2 if the agency had submitted accurate information

under subsection (a).

‘‘SEC. 6232. SUPPLEMENT, NOT SUPPLANT.

‘‘Funds made available under subpart 1 or subpart 2 shall be

used to supplement, and not supplant, any other Federal, State, or

local education funds.

‘‘SEC. 6233. RULE OF CONSTRUCTION.

‘‘Nothing in this part shall be construed to prohibit a local educational agency that enters into cooperative arrangements with

other local educational agencies for the provision of special, compensatory, or other education services, pursuant to State law or a written agreement, from entering into similar arrangements for the use,

or the coordination of the use, of the funds made available under

this part.

‘‘SEC. 6234. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated to carry out this part

$300,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years, to be distributed

equally between subparts 1 and 2.

‘‘PART C—GENERAL PROVISIONS

‘‘SEC. 6301. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION,

OR CONTROL.

‘‘Nothing in this title shall be construed to authorize an officer

or employee of the Federal Government to mandate, direct, or control a State, local educational agency, or school’s specific instructional content, academic achievement standards and assessments,

curriculum, or program of instruction, as a condition of eligibility

to receive funds under this Act.

‘‘SEC. 6302. RULE OF CONSTRUCTION ON EQUALIZED SPENDING.

‘‘Nothing in this title shall be construed to mandate equalized

spending per pupil for a State, local educational agency, or school.’’.

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SEC. 602. AMENDMENT TO THE NATIONAL EDUCATION STATISTICS

ACT OF 1994.

(a) NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS.—Section 411 of the National Education Statistics Act of 1994 (20 U.S.C.

9010) is amended to read as follows:

‘‘SEC. 411. NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS.

‘‘(a) ESTABLISHMENT.—The Commissioner shall, with the advice

of the National Assessment Governing Board established under section 412, and with the technical assistance of the Advisory Council

established under section 407, carry out, through grants, contracts,

or cooperative agreements with one or more qualified organizations,

or consortia thereof, a National Assessment of Educational Progress,

which collectively refers to a national assessment, State assessments, and a long-term trend assessment in reading and mathematics.

‘‘(b) PURPOSE; STATE ASSESSMENTS.—

‘‘(1) PURPOSE.—The purpose of this section is to provide, in

a timely manner, a fair and accurate measurement of student

academic achievement and reporting trends in such achievement in reading, mathematics, and other subject matter as

specified in this section.

‘‘(2) MEASUREMENT AND REPORTING.—The Commissioner,

in carrying out the measurement and reporting described in

paragraph (1), shall—

‘‘(A) use a random sampling process which is consistent

with relevant, widely accepted professional assessment

standards and that produces data that are representative

on a national and regional basis;

‘‘(B) conduct a national assessment and collect and report assessment data, including achievement data trends,

in a valid and reliable manner on student academic

achievement in public and private elementary schools and

secondary schools at least once every two years, in grades

4 and 8 in reading and mathematics;

‘‘(C) conduct a national assessment and collect and report assessment data, including achievement data trends,

in a valid and reliable manner on student academic

achievement in public and private schools in reading and

mathematics in grade 12 in regularly scheduled intervals,

but at least as often as such assessments were conducted

prior to the date of enactment of the No Child Left Behind

Act of 2001;

‘‘(D) to the extent time and resources allow, and after

the requirements described in subparagraph (B) are implemented and the requirements described in subparagraph

(C) are met, conduct additional national assessments and

collect and report assessment data, including achievement

data trends, in a valid and reliable manner on student academic achievement in grades 4, 8, and 12 in public and

private elementary schools and secondary schools in regularly scheduled intervals in additional subject matter, including writing, science, history, geography, civics, economics, foreign languages, and arts, and the trend assessment

described in subparagraph (F);

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‘‘(E) conduct the reading and mathematics assessments

described in subparagraph (B) in the same year, and every

other year thereafter, to provide for one year in which no

such assessments are conducted in between each administration of such assessments; ‘‘(F) continue to conduct the trend assessment of academic achievement at ages 9, 13, and 17 for the purpose of

maintaining data on long-term trends in reading and

mathematics; ‘‘(G) include information on special groups, including,

whenever feasible, information collected, cross tabulated,

compared, and reported by race, ethnicity, socioeconomic

status, gender, disability and limited English proficiency;

and ‘‘(H) ensure that achievement data are made available

on a timely basis following official reporting, in a manner

that facilitates further analysis and that includes trend

lines.

‘‘(3) STATE ASSESSMENTS.— ‘‘(A) IN GENERAL.—The Commissioner— ‘‘(i) shall conduct biennial State academic assessments of student achievement in reading and mathematics in grades 4 and 8 as described in paragraphs

(1)(B) and (1)(E); ‘‘(ii) may conduct the State academic assessments

of student achievement in reading and mathematics in

grade 12 as described in paragraph (1)(C); ‘‘(iii) may conduct State academic assessments of

student achievement in grades 4, 8, and 12 as described in paragraph (1)(D); and ‘‘(iv) shall conduct each such State assessment, in

each subject area and at each grade level, on a developmental basis until the Commissioner determines, as the

result of an evaluation required by subsection (f), that

such assessment produces high quality data that are

valid and reliable.

(B) AGREEMENT.— (i) IN GENERAL.—States participating in State assessments shall enter into an agreement with the Secretary pursuant to subsection (d)(3). ‘‘(ii) CONTENT.—Such agreement shall contain information sufficient to give States full information

about the process for decision-making (which shall include the consensus process used), on objectives to be

tested, and the standards for random sampling, test

administration, test security, data collection, validation, and reporting.

‘‘(C) REVIEW AND RELEASE.—

‘‘(i) IN GENERAL.—Except as provided in clause (ii),

a participating State shall review and give permission

for the release of results from any test of its students

administered as a part of a State assessment prior to

the release of such data. Refusal by a State to release

its data shall not restrict the release of data from other

States that have approved the release of such data.

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‘‘(ii) SPECIAL RULE.—A State participating in the

biennial academic assessments of student achievement

in reading and mathematics in grades 4 and 8 shall

be deemed to have given its permission to release its

data if the State has an approved plan under section

1111 of the Elementary and Secondary Education Act

of 1965. ‘‘(4) PROHIBITED ACTIVITIES.— ‘‘(A) IN GENERAL.—The use of assessment items and

data on any assessment authorized under this section by an

agent or agents of the Federal Government to rank, compare, or otherwise evaluate individual students or teachers,

or to provide rewards or sanctions for individual students,

teachers, schools or local educational agencies is prohibited. ‘‘(B) SPECIAL RULE.—Any assessment authorized under

this section shall not be used by an agent or agents of the

Federal Government to establish, require, or influence the

standards, assessments, curriculum, including lesson

plans, textbooks, or classroom materials, or instructional

practices of States or local educational agencies. ‘‘(C) APPLICABILITY TO STUDENT EDUCATIONAL DECI- SIONS.—Nothing in this section shall be construed to prescribe the use of any assessment authorized under this section for student promotion or graduation purposes. ‘‘(D) APPLICABILITY TO HOME SCHOOLS.—Nothing in

this section shall be construed to affect home schools,

whether or not a home school is treated as a home school

or a private school under State law, nor shall any home

schooled student be required to participate in any assessment referenced or authorized under this section.

‘‘(5) REQUIREMENT.—In carrying out any assessment authorized under this section, the Commissioner, in a manner

consistent with subsection (c)(2), shall— ‘‘(A) use widely accepted professional testing standards,

objectively measure academic achievement, knowledge, and

skills, and ensure that any academic assessment authorized

under this section be tests that do not evaluate or assess

personal or family beliefs and attitudes or publicly disclose

personally identifiable information;

‘‘(B) only collect information that is directly related to

the appraisal of academic achievement, and to the fair and

accurate presentation of such information; and

‘‘(C) collect information on race, ethnicity, socioeconomic status, disability, limited English proficiency, and

gender.

(6) TECHNICAL ASSISTANCE.—In carrying out any assessment authorized under this section, the Commissioner may provide technical assistance to States, localities, and other parties.

‘‘(c) ACCESS.— ‘‘(1) PUBLIC ACCESS.— ‘‘(A) IN GENERAL.—Except as provided in paragraph

(3), parents and members of the public shall have access to

all assessment data, questions, and complete and current

assessment instruments of any assessment authorized

under this section. The local educational agency shall make

485

reasonable efforts to inform parents and members of the

public about the access required under this paragraph. ‘‘(B) TIMELINE.—The access described in this paragraph shall be provided within 45 days of the date the request was made, in writing, and be made available in a secure setting that is convenient to both parties. ‘‘(C) PROHIBITION.—To protect the integrity of the assessment, no copy of the assessment items or assessment instruments shall be duplicated or taken from the secure setting.

‘‘(2) COMPLAINTS.— ‘‘(A) IN GENERAL.—Parents and members of the public

may submit written complaints to the National Assessment

Governing Board. ‘‘(B) FORWARDING OF COMPLAINTS.—The National Assessment Governing Board shall forward such complaints

to the Commissioner, the Secretary of Education, and the

State and local educational agency from within which the

complaint originated within 30 days of receipt of such complaint. ‘‘(C) REVIEW.—The National Assessment Governing

Board, in consultation with the Commissioner, shall review

such complaint and determine whether revisions are necessary and appropriate. As determined by such review, the

Board shall revise, as necessary and appropriate, the procedures or assessment items that have generated the complaint and respond to the individual submitting the complaint, with a copy of such response provided to the Secretary, describing any action taken, not later than 30 days

after so acting. ‘‘(D) REPORT.—The Secretary shall submit a summary

report of all complaints received pursuant to subparagraph

(A) and responses by the National Assessment Governing

Board pursuant to subparagraph (B) to the Chairman of

the House Committee on Education and the Workforce, and

the Chairman of the Senate Committee on Health, Education, Labor, and Pensions.

‘‘(E) COGNITIVE QUESTIONS.— ‘‘(i) IN GENERAL.—The Commissioner may decline

to make available through public means, such as posting on the Internet, distribution to the media, distribution through public agencies, or in response to a request under section 552 of title 5, United States Code,

for a period, not to exceed 10 years after initial use,

cognitive questions that the Commissioner intends to

reuse in the future. ‘‘(ii) EXTENSION.—Notwithstanding clause (i), the

Commissioner may decline to make cognitive questions

available as described in clause (i) for a period longer

than 10 years if the Commissioner determines such additional period is necessary to protect the security and

integrity of long-term trend data. ‘‘(3) PERSONALLY IDENTIFIABLE INFORMATION.—

‘‘(A) IN GENERAL.—The Commissioner shall ensure that

all personally identifiable information about students, their

486

academic achievement, and their families, and that information with respect to individual schools, remains confidential, in accordance with section 552a of title 5, United

States Code.

‘‘(B) PROHIBITION.—The National Board, the Commissioner, and any contractor or subcontractor shall not maintain any system of records containing a student’s name,

birth information, Social Security number, or parents’

name or names, or any other personally identifiable information.

‘‘(4) PENALTIES.—Any unauthorized person who knowingly

discloses, publishes, or uses assessment questions, or complete

and current assessment instruments of any assessment authorized under this section may be fined as specified in section 3571

of title 18, United States Code or charged with a class E felony.

‘‘(d) PARTICIPATION.—

‘‘(1) VOLUNTARY PARTICIPATION.—Participation in any assessment authorized under this section shall be voluntary for

students, schools, and local educational agencies.

‘‘(2) STUDENT PARTICIPATION.—Parents of children selected

to participate in any assessment authorized under this section

shall be informed before the administration of any authorized

assessment, that their child may be excused from participation

for any reason, is not required to finish any authorized assessment, and is not required to answer any test question.

‘‘(3) STATE PARTICIPATION.—

‘‘(A) VOLUNTARY.—Participation in assessments authorized under this section, other than reading and mathematics in grades 4 and 8, shall be voluntary.

‘‘(B) AGREEMENT.—For reading and mathematics assessments in grades 4 and 8, the Secretary shall enter into

an agreement with any State carrying out an assessment

for the State under this section. Each such agreement shall

contain provisions designed to ensure that the State will

participate in the assessment.

‘‘(4) REVIEW.—Representatives of State educational agencies

and local educational agencies or the chief State school officer

shall have the right to review any assessment item or procedure

of any authorized assessment upon request in a manner consistent with subsection (c), except the review described in subparagraph (2)(C) of subsection (c) shall take place in consultation with the representatives described in this paragraph.

‘‘(e) STUDENT ACHIEVEMENT LEVELS.—

‘‘(1) ACHIEVEMENT LEVELS.—The National Assessment Governing Board shall develop appropriate student achievement

levels for each grade or age in each subject area to be tested

under assessments authorized under this section, except the

trend assessment described in subsection (b)(2)(F).

‘‘(2) DETERMINATION OF LEVELS.—

‘‘(A) IN GENERAL.—Such levels shall—

‘‘(i) be determined by—

‘‘(I) identifying the knowledge that can be

measured and verified objectively using widely accepted professional assessment standards; and

487

‘‘(II) developing achievement levels that are

consistent with relevant widely accepted professional assessment standards and based on the appropriate level of subject matter knowledge for

grade levels to be assessed, or the age of the students, as the case may be.

‘‘(B) NATIONAL CONSENSUS APPROACH.—After the determinations described in subparagraph (A), devising a national consensus approach.

‘‘(C) TRIAL BASIS.—The achievement levels shall be

used on a trial basis until the Commissioner determines, as

a result of an evaluation under subsection (f), that such levels are reasonable, valid, and informative to the public.

‘‘(D) STATUS.—The Commissioner and the Board shall

ensure that reports using such levels on a trial basis do so

in a manner that makes clear the status of such levels.

(E) UPDATES.—Such levels shall be updated as appropriate by the National Assessment Governing Board in consultation with the Commissioner.

‘‘(3) REPORTING.—After determining that such levels are

reasonable, valid, and informative to the public, as the result

of an evaluation under subsection (f), the Commissioner shall

use such levels or other methods or indicators for reporting results of the National Assessment and State assessments.

‘‘(4) REVIEW.—The National Assessment Governing Board

shall provide for a review of any trial student achievement levels under development by representatives of State educational

agencies or the chief State school officer in a manner consistent

with subsection (c), except the review described in subparagraph

(2)(C) shall take place in consultation with the representatives

described in this paragraph.

‘‘(f) REVIEW OF NATIONAL AND STATE ASSESSMENTS.—

‘‘(1) REVIEW.—

‘‘(A) IN GENERAL.—The Secretary shall provide for continuing review of any assessment authorized under this section, and student achievement levels, by 1 or more professional assessment evaluation organizations.

‘‘(B) ISSUES ADDRESSED.—Such continuing review shall

address—

‘‘(i) whether any authorized assessment is properly

administered, produces high quality data that are

valid and reliable, is consistent with relevant widely

accepted professional assessment standards, and produces data on student achievement that are not otherwise available to the State (other than data comparing

participating States to each other and the Nation);

‘‘(ii) whether student achievement levels are reasonable, valid, reliable, and informative to the public;–

‘‘(iii) whether any authorized assessment is being

administered as a random sample and is reporting the

trends in academic achievement in a valid and reliable

manner in the subject areas being assessed;

‘‘(iv) whether any of the test questions are biased,

as described in section 412(e)(4); and

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‘‘(v) whether the appropriate authorized assessments are measuring, consistent with this section,

reading ability and mathematical knowledge.

‘‘(2) REPORT.—The Secretary shall report to the Committee

on Education and the Workforce of the House of Representatives

and the Committee on Health, Education, Labor, and Pensions

of the Senate, the President, and the Nation on the findings and

recommendations of such reviews.

‘‘(3) USE OF FINDINGS AND RECOMMENDATIONS.—The Commissioner and the National Assessment Governing Board shall

consider the findings and recommendations of such reviews in

designing the competition to select the organization, or organizations, through which the Commissioner carries out the National Assessment.

‘‘(g) COVERAGE AGREEMENTS.—

‘‘(1) DEPARTMENT OF DEFENSE SCHOOLS.—The Secretary

and the Secretary of Defense may enter into an agreement, including such terms as are mutually satisfactory, to include in

the National Assessment elementary schools and secondary

schools operated by the Department of Defense.

‘‘(2) BUREAU OF INDIAN AFFAIRS SCHOOLS.—The Secretary

and the Secretary of the Interior may enter into an agreement,

including such terms as are mutually satisfactory, to include in

the National Assessment schools for Indian children operated or

supported by the Bureau of Indian Affairs.’’.

(b) NATIONAL ASSESSMENT GOVERNING BOARD.—Section 412 of

the National Education Statistics Act of 1994 (20 U.S.C. 9011) is

amended to read as follows:

‘‘SEC. 412. NATIONAL ASSESSMENT GOVERNING BOARD.

‘‘(a) ESTABLISHMENT.—There is established the National Assessment Governing Board (hereafter in this title referred to as the

‘‘Board’’), which shall formulate policy guidelines for the National

Assessment.

‘‘(b) MEMBERSHIP.—

‘‘(1) APPOINTMENT AND COMPOSITION.—The Board shall be

appointed by the Secretary and be composed as follows:

‘‘(A) Two Governors, or former Governors, who shall

not be members of the same political party.

‘‘(B) Two State legislators, who shall not be members

of the same political party.

‘‘(C) Two chief State school officers.

‘‘(D) One superintendent of a local educational agency.

‘‘(E) One member of a State board of education.

‘‘(F) One member of a local board of education.

‘‘(G) Three classroom teachers representing the grade

levels at which the National Assessment is conducted.

‘‘(H) One representative of business or industry.

‘‘(I) Two curriculum specialists.

‘‘(J) Three testing and measurement experts, who shall

have training and experience in the field of testing and

measurement.

‘‘(K) One nonpublic school administrator or policymaker.

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‘‘(L) Two school principals, of whom one shall be an elementary school principal and one shall be a secondary

school principal.

‘‘(M) Two parents who are not employed by a local,

State or Federal educational agency.

‘‘(N) Two additional members who are representatives

of the general public, and who may be parents, but who are

not employed by a local, State, or Federal educational

agency.

‘‘(2) ASSISTANT SECRETARY FOR EDUCATIONAL RESEARCH.—

The Assistant Secretary for Educational Research and Improvement shall serve as an ex officio, nonvoting member of the

Board.

‘‘(3) BALANCE AND DIVERSITY.—The Secretary and the

Board shall ensure at all times that the membership of the

Board reflects regional, racial, gender, and cultural balance

and diversity and that the Board exercises its independent

judgment, free from inappropriate influences and special interests.

‘‘(c) TERMS.—

‘‘(1) IN GENERAL.—Terms of service of members of the

Board shall be staggered and may not exceed a period of 4

years, as determined by the Secretary.

‘‘(2) SERVICE LIMITATION.—Members of the Board may

serve not more than two terms.

‘‘(3) CHANGE OF STATUS.—A member of the Board who

changes status under subsection (b) during the term of the appointment of the member may continue to serve as a member

until the expiration of such term.

‘‘(4) CONFORMING PROVISION.—Members of the Board previously granted 3 year terms, whose terms are in effect on the

date of enactment of the Department of Education Appropriations Act, 2001, shall have their terms extended by one year.

‘‘(d) VACANCIES.—

‘‘(1) IN GENERAL.—

‘‘(A) ORGANIZATIONS.—The Secretary shall appoint new

members to fill vacancies on the Board from among individuals who are nominated by organizations representing

the type of individuals described in subsection (b)(1) with

respect to which the vacancy exists.

‘‘(B) NOMINATIONS.—Each organization submitting

nominations to the Secretary with respect to a particular

vacancy shall nominate for such vacancy six individuals

who are qualified by experience or training to fill the particular Board vacancy.

‘‘(C) MAINTENANCE OF BOARD.—The Secretary’s appointments shall maintain the composition, diversity, and

balance of the Board required under subsection (b).

‘‘(2) ADDITIONAL NOMINATIONS.—The Secretary may request

that each organization described in paragraph (1)(A) submit

additional nominations if the Secretary determines that none of

the individuals nominated by such organization have appropriate knowledge or expertise.

‘‘(e) DUTIES.—

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‘‘(1) IN GENERAL.—In carrying out its functions under this

section the Board shall—

‘‘(A) select the subject areas to be assessed (consistent

with section 411(b));

‘‘(B) develop appropriate student achievement levels as

provided in section 411(e);

‘‘(C) develop assessment objectives consistent with the

requirements of this section and test specifications that

produce an assessment that is valid and reliable, and are

based on relevant widely accepted professional standards;

‘‘(D) develop a process for review of the assessment

which includes the active participation of teachers, curriculum specialists, local school administrators, parents,

and concerned members of the public;

‘‘(E) design the methodology of the assessment to ensure

that assessment items are valid and reliable, in consultation with appropriate technical experts in measurement and

assessment, content and subject matter, sampling, and

other technical experts who engage in large scale surveys,

including the Advisory Council established under section

407;

‘‘(F) consistent with section 411, measure student academic achievement in grades 4, 8, and 12 in the authorized

academic subjects;

‘‘(G) develop guidelines for reporting and disseminating

results;

‘‘(H) develop standards and procedures for regional

and national comparisons; and

‘‘(I) take appropriate actions needed to improve the

form, content, use, and reporting of results of any assessment authorized by section 411 consistent with the provisions of this section and section 411.

‘‘(2) DELEGATION.—The Board may delegate any of the

Board’s procedural and administrative functions to its staff.

‘‘(3) ALL COGNITIVE AND NONCOGNITIVE ASSESSMENT

ITEMS.—The Board shall have final authority on the appropriateness of all assessment items.

‘‘(4) PROHIBITION AGAINST BIAS.—The Board shall take

steps to ensure that all items selected for use in the National

Assessment are free from racial, cultural, gender, or regional

bias and are secular, neutral, and non-ideological.

‘‘(5) TECHNICAL.—In carrying out the duties required by

paragraph (1), the Board may seek technical advice, as appropriate, from the Commissioner and the Advisory Council on

Education Statistics and other experts.

‘‘(6) REPORT.—Not later than 90 days after an evaluation

of the student achievement levels under section 411(e), the

Board shall make a report to the Secretary, the Committee on

Education and the Workforce of the House of Representatives,

and the Committee on Health, Education, Labor, and Pensions

of the Senate describing the steps the Board is taking to respond to each of the recommendations contained in such evaluation.

‘‘(f) PERSONNEL.—

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‘‘(1) IN GENERAL.—In the exercise of its responsibilities, the

Board shall be independent of the Secretary and the other offices and officers of the Department. ‘‘(2) STAFF.— ‘‘(A) IN GENERAL.—The Secretary may appoint, at the

request of the Board, such staff as will enable the Board to

carry out its responsibilities. ‘‘(B) TECHNICAL EMPLOYEES.—Such appointments may

include, for terms not to exceed three years and without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, not more

than six technical employees who may be paid without regard to the provisions of chapter 51 and subchapter III of

chapter 53 of such title relating to classification and General Schedule pay rates. ‘‘(g) COORDINATION.—The Commissioner and the Board shall

meet periodically— ‘‘(1) to ensure coordination of their duties and activities relating to the National Assessment; and ‘‘(2) for the Commissioner to report to the Board on the Department’s actions to implement the decisions of the Board.

‘‘(h) ADMINISTRATION.—The Federal Advisory Committee Act (5

U.S.C. App.) shall not apply with respect to the Board, other than

sections 10, 11, and 12 of such Act.’’.

TITLE VII—INDIAN, NATIVE HAWAIIAN,

AND ALASKA NATIVE EDUCATION

SEC. 701. INDIANS.

Title VII (20 U.S.C. 7401 et seq.) is amended to read as follows:

‘‘TITLE VII—INDIAN, NATIVE HAWAIIAN,

AND ALASKA NATIVE EDUCATION

‘‘PART A—INDIAN EDUCATION

‘‘SEC. 7101. STATEMENT OF POLICY.

‘‘It is the policy of the United States to fulfill the Federal Government’s unique and continuing trust relationship with and responsibility to the Indian people for the education of Indian children. The Federal Government will continue to work with local educational agencies, Indian tribes and organizations, postsecondary

institutions, and other entities toward the goal of ensuring that programs that serve Indian children are of the highest quality and provide for not only the basic elementary and secondary educational

needs, but also the unique educational and culturally related academic needs of these children.

‘‘SEC. 7102. PURPOSE.

‘‘(a) PURPOSE.—It is the purpose of this part to support the efforts of local educational agencies, Indian tribes and organizations,

postsecondary institutions, and other entities to meet the unique

educational and culturally related academic needs of American Indian and Alaska Native students, so that such students can meet

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the same challenging State student academic achievement standards as all other students are expected to meet.

‘‘(b) PROGRAMS.—This part carries out the purpose described in

subsection (a) by authorizing programs of direct assistance for—

‘‘(1) meeting the unique educational and culturally related

academic needs of American Indians and Alaska Natives;

‘‘(2) the education of Indian children and adults;

‘‘(3) the training of Indian persons as educators and counselors, and in other professions serving Indian people; and

‘‘(4) research, evaluation, data collection, and technical assistance.

‘‘Subpart 1—Formula Grants to Local Educational Agencies

‘‘SEC. 7111. PURPOSE.

‘‘It is the purpose of this subpart to support local educational

agencies in their efforts to reform elementary school and secondary

school programs that serve Indian students in order to ensure that

such programs—

‘‘(1) are based on challenging State academic content and

student academic achievement standards that are used for all

students; and

‘‘(2) are designed to assist Indian students in meeting those

standards.

‘‘SEC. 7112. GRANTS TO LOCAL EDUCATIONAL AGENCIES AND TRIBES.

‘‘(a) IN GENERAL.—The Secretary may make grants, from allocations made under section 7113, to local educational agencies and

Indian tribes, in accordance with this section and section 7113.

‘‘(b) LOCAL EDUCATIONAL AGENCIES.—

‘‘(1) ENROLLMENT REQUIREMENTS.—A local educational

agency shall be eligible for a grant under this subpart for any

fiscal year if the number of Indian children eligible under section 7117 who were enrolled in the schools of the agency, and

to whom the agency provided free public education, during the

preceding fiscal year—

‘‘(A) was at least 10; or

‘‘(B) constituted not less than 25 percent of the total

number of individuals enrolled in the schools of such agency.

‘‘(2) EXCLUSION.—The requirement of paragraph (1) shall

not apply in Alaska, California, or Oklahoma, or with respect

to any local educational agency located on, or in proximity to,

a reservation.

‘‘(c) INDIAN TRIBES.—

‘‘(1) IN GENERAL.—If a local educational agency that is otherwise eligible for a grant under this subpart does not establish

a committee under section 7114(c)(4) for such grant, an Indian

tribe that represents not less than 1⁄2 of the eligible Indian children who are served by such local educational agency may

apply for such grant. ‘‘(2) SPECIAL RULE.—The Secretary shall treat each Indian

tribe applying for a grant pursuant to paragraph (1) as if such

Indian tribe were a local educational agency for purposes of

this subpart, except that any such tribe is not subject to section

7114(c)(4), section 7118(c), or section 7119.

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‘‘SEC. 7113. AMOUNT OF GRANTS.

‘‘(a) AMOUNT OF GRANT AWARDS.—

‘‘(1) IN GENERAL.—Except as provided in subsection (b) and

paragraph (2), the Secretary shall allocate to each local educational agency that has an approved application under this

subpart an amount equal to the product of—

‘‘(A) the number of Indian children who are eligible

under section 7117 and served by such agency; and

‘‘(B) the greater of—

‘‘(i) the average per pupil expenditure of the State

in which such agency is located; or ‘‘(ii) 80 percent of the average per pupil expenditure of all the States.

‘‘(2) REDUCTION.—The Secretary shall reduce the amount of

each allocation otherwise determined under this section in accordance with subsection (e).

‘‘(b) MINIMUM GRANT.—

‘‘(1) IN GENERAL.—Notwithstanding subsection (e), an entity

that is eligible for a grant under section 7112, and a school that

is operated or supported by the Bureau of Indian Affairs that

is eligible for a grant under subsection (d), that submits an application that is approved by the Secretary, shall, subject to appropriations, receive a grant under this subpart in an amount

that is not less than $3,000.

‘‘(2) CONSORTIA.—Local educational agencies may form a

consortium for the purpose of obtaining grants under this subpart.

‘‘(3) INCREASE.—The Secretary may increase the minimum

grant under paragraph (1) to not more than $4,000 for all

grantees if the Secretary determines such increase is necessary

to ensure the quality of the programs provided.

‘‘(c) DEFINITION.—For the purpose of this section, the term ‘average per pupil expenditure’, used with respect to a State, means an

amount equal to—

‘‘(1) the sum of the aggregate current expenditures of all the

local educational agencies in the State, plus any direct current

expenditures by the State for the operation of such agencies,

without regard to the sources of funds from which such local or

State expenditures were made, during the second fiscal year

preceding the fiscal year for which the computation is made; divided by

‘‘(2) the aggregate number of children who were included in

average daily attendance for whom such agencies provided free

public education during such preceding fiscal year.

‘‘(d) SCHOOLS OPERATED OR SUPPORTED BY THE BUREAU OF INDIAN AFFAIRS.—

‘‘(1) IN GENERAL.—Subject to subsection (e), in addition to

the grants awarded under subsection (a), the Secretary shall allocate to the Secretary of the Interior an amount equal to the

product of—

‘‘(A) the total number of Indian children enrolled in

schools that are operated by—

‘‘(i) the Bureau of Indian Affairs; or

‘‘(ii) an Indian tribe, or an organization controlled

or sanctioned by an Indian tribal government, for the

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children of that tribe under a contract with, or grant

from, the Department of the Interior under the Indian

Self-Determination Act or the Tribally Controlled

Schools Act of 1988; and

‘‘(B) the greater of—

‘‘(i) the average per pupil expenditure of the State

in which the school is located; or

‘‘(ii) 80 percent of the average per pupil expenditure of all the States.

‘‘(2) SPECIAL RULE.—Any school described in paragraph

(1)(A) that wishes to receive an allocation under this subpart

shall submit an application in accordance with section 7114,

and shall otherwise be treated as a local educational agency for

the purpose of this subpart, except that such school shall not be

subject to section 7114(c)(4), section 7118(c), or section 7119.

‘‘(e) RATABLE REDUCTIONS.—If the sums appropriated for any

fiscal year under section 7152(a) are insufficient to pay in full the

amounts determined for local educational agencies under subsection

(a)(1) and for the Secretary of the Interior under subsection (d), each

of those amounts shall be ratably reduced.

‘‘SEC. 7114. APPLICATIONS.

‘‘(a) APPLICATION REQUIRED.—Each local educational agency

that desires to receive a grant under this subpart shall submit an

application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require.

‘‘(b) COMPREHENSIVE PROGRAM REQUIRED.—Each application

submitted under subsection (a) shall include a description of a comprehensive program for meeting the needs of Indian children served

by the local educational agency, including the language and cultural needs of the children, that—

‘‘(1) describes how the comprehensive program will offer

programs and activities to meet the culturally related academic

needs of American Indian and Alaska Native students;

‘‘(2)(A) is consistent with the State and local plans submitted under other provisions of this Act; and

‘‘(B) includes academic content and student academic

achievement goals for such children, and benchmarks for attaining such goals, that are based on the challenging State academic content and student academic achievement standards

adopted under title I for all children;

‘‘(3) explains how Federal, State, and local programs, especially programs carried out under title I, will meet the needs of

such students;

‘‘(4) demonstrates how funds made available under this

subpart will be used for activities described in section 7115;

‘‘(5) describes the professional development opportunities

that will be provided, as needed, to ensure that—

‘‘(A) teachers and other school professionals who are

new to the Indian community are prepared to work with Indian children; and

‘‘(B) all teachers who will be involved in programs assisted under this subpart have been properly trained to

carry out such programs; and

‘‘(6) describes how the local educational agency—

495

‘‘(A) will periodically assess the progress of all Indian

children enrolled in the schools of the local educational

agency, including Indian children who do not participate

in programs assisted under this subpart, in meeting the

goals described in paragraph (2); ‘‘(B) will provide the results of each assessment referred

to in subparagraph (A) to— ‘‘(i) the committee described in subsection (c)(4);

and ‘‘(ii) the community served by the local educational

agency; and

‘‘(C) is responding to findings of any previous assessments that are similar to the assessments described in subparagraph (A). ‘‘(c) ASSURANCES.—Each application submitted under subsection (a) shall include assurances that— ‘‘(1) the local educational agency will use funds received

under this subpart only to supplement the funds that, in the absence of the Federal funds made available under this subpart,

such agency would make available for the education of Indian

children, and not to supplant such funds; ‘‘(2) the local educational agency will prepare and submit

to the Secretary such reports, in such form and containing such

information, as the Secretary may require to— ‘‘(A) carry out the functions of the Secretary under this

subpart; and ‘‘(B) determine the extent to which activities carried out

with funds provided to the local educational agency under

this subpart are effective in improving the educational

achievement of Indian students served by such agency;

‘‘(3) the program for which assistance is sought— ‘‘(A) is based on a comprehensive local assessment and

prioritization of the unique educational and culturally related academic needs of the American Indian and Alaska

Native students for whom the local educational agency is

providing an education;

‘‘(B) will use the best available talents and resources,

including individuals from the Indian community; and

‘‘(C) was developed by such agency in open consultation

with parents of Indian children and teachers, and, if appropriate, Indian students from secondary schools, including through public hearings held by such agency to provide

to the individuals described in this subparagraph a full opportunity to understand the program and to offer recommendations regarding the program; and

‘‘(4) the local educational agency developed the program

with the participation and written approval of a committee—

‘‘(A) that is composed of, and selected by—

‘‘(i) parents of Indian children in the local educational agency’s schools;

‘‘(ii) teachers in the schools; and

‘‘(iii) if appropriate, Indian students attending secondary schools of the agency;

‘‘(B) a majority of whose members are parents of Indian children;

496

‘‘(C) that has set forth such policies and procedures, including policies and procedures relating to the hiring of

personnel, as will ensure that the program for which assistance is sought will be operated and evaluated in consultation with, and with the involvement of, parents of the children, and representatives of the area, to be served;

‘‘(D) with respect to an application describing a

schoolwide program in accordance with section 7115(c),

that has—

‘‘(i) reviewed in a timely fashion the program; and

‘‘(ii) determined that the program will not diminish the availability of culturally related activities for

American Indian and Alaska Native students; and

‘‘(E) that has adopted reasonable bylaws for the conduct of the activities of the committee and abides by such

bylaws.

‘‘SEC. 7115. AUTHORIZED SERVICES AND ACTIVITIES.

‘‘(a) GENERAL REQUIREMENTS.—Each local educational agency

that receives a grant under this subpart shall use the grant funds,

in a manner consistent with the purpose specified in section 7111,

for services and activities that—

(1) are designed to carry out the comprehensive program of

the local educational agency for Indian students, and described

in the application of the local educational agency submitted to

the Secretary under section 7114(a);

‘‘(2) are designed with special regard for the language and

cultural needs of the Indian students; and

‘‘(3) supplement and enrich the regular school program of

such agency.

‘‘(b) PARTICULAR ACTIVITIES.—The services and activities referred to in subsection (a) may include—

‘‘(1) culturally related activities that support the program

described in the application submitted by the local educational

agency;

‘‘(2) early childhood and family programs that emphasize

school readiness;

‘‘(3) enrichment programs that focus on problem solving

and cognitive skills development and directly support the attainment of challenging State academic content and student

academic achievement standards;

‘‘(4) integrated educational services in combination with

other programs that meet the needs of Indian children and

their families;

‘‘(5) career preparation activities to enable Indian students

to participate in programs such as the programs supported by

the Carl D. Perkins Vocational and Technical Education Act of

1998, including programs for tech-prep education, mentoring,

and apprenticeship;

‘‘(6) activities to educate individuals concerning substance

abuse and to prevent substance abuse;

‘‘(7) the acquisition of equipment, but only if the acquisition

of the equipment is essential to achieve the purpose described in

section 7111;

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‘‘(8) activities that promote the incorporation of culturally

responsive teaching and learning strategies into the educational

program of the local educational agency; ‘‘(9) activities that incorporate American Indian and Alaska

Native specific curriculum content, consistent with State standards, into the curriculum used by the local educational agency; ‘‘(10) family literacy services; and

‘‘(11) activities that recognize and support the unique cultural and educational needs of Indian children, and incorporate

appropriately qualified tribal elders and seniors.

‘‘(c) SCHOOLWIDE PROGRAMS.—Notwithstanding any other provision of law, a local educational agency may use funds made available to such agency under this subpart to support a schoolwide program under section 1114 if— ‘‘(1) the committee established pursuant to section

7114(c)(4) approves the use of the funds for the schoolwide program; and ‘‘(2) the schoolwide program is consistent with the purpose

described in section 7111.

‘‘(d) LIMITATION ON ADMINISTRATIVE COSTS.—Not more than 5

percent of the funds provided to a grantee under this subpart for

any fiscal year may be used for administrative purposes.

‘‘SEC. 7116. INTEGRATION OF SERVICES AUTHORIZED.

‘‘(a) PLAN.—An entity receiving funds under this subpart may

submit a plan to the Secretary for the integration of education and

related services provided to Indian students. ‘‘(b) CONSOLIDATION OF PROGRAMS.—Upon the receipt of an acceptable plan under subsection (a), the Secretary, in cooperation

with each Federal agency providing grants for the provision of education and related services to the entity, shall authorize the entity

to consolidate, in accordance with such plan, the federally funded

education and related services programs of the entity and the Federal programs, or portions of the programs, serving Indian students

in a manner that integrates the program services involved into a

single, coordinated, comprehensive program and reduces administrative costs by consolidating administrative functions. ‘‘(c) PROGRAMS AFFECTED.—The funds that may be consolidated

in a demonstration project under any such plan referred to in subsection (a) shall include funds for any Federal program exclusively

serving Indian children, or the funds reserved under any Federal

program to exclusively serve Indian children, under which the entity

is eligible for receipt of funds under a statutory or administrative

formula for the purposes of providing education and related services

that would be used to serve Indian students.

‘‘(d) PLAN REQUIREMENTS.—For a plan to be acceptable pursuant to subsection (b), the plan shall—

‘‘(1) identify the programs or funding sources to be consolidated;

‘‘(2) be consistent with the objectives of this section concerning authorizing the services to be integrated in a demonstration project;

‘‘(3) describe a comprehensive strategy that identifies the

full range of potential educational opportunities and related

services to be provided to assist Indian students to achieve the

objectives set forth in this subpart;

498

‘‘(4) describe the way in which services are to be integrated

and delivered and the results expected from the plan; ‘‘(5) identify the projected expenditures under the plan in a

single budget; ‘‘(6) identify the State, tribal, or local agency or agencies to

be involved in the delivery of the services integrated under the

plan;‘‘(7) identify any statutory provisions, regulations, policies,

or procedures that the entity believes need to be waived in order

to implement the plan; ‘‘(8) set forth measures for academic content and student

academic achievement goals designed to be met within a specific period of time; and ‘‘(9) be approved by a committee formed in accordance with

section 7114(c)(4), if such a committee exists.

‘‘(e) PLAN REVIEW.—Upon receipt of the plan from an eligible

entity, the Secretary shall consult with the Secretary of each Federal

department providing funds to be used to implement the plan, and

with the entity submitting the plan. The parties so consulting shall

identify any waivers of statutory requirements or of Federal departmental regulations, policies, or procedures necessary to enable the

entity to implement the plan. Notwithstanding any other provision

of law, the Secretary of the affected department shall have the authority to waive any regulation, policy, or procedure promulgated by

that department that has been so identified by the entity or department, unless the Secretary of the affected department determines

that such a waiver is inconsistent with the objectives of this subpart

or those provisions of the statute from which the program involved

derives authority that are specifically applicable to Indian students. ‘‘(f) PLAN APPROVAL.—Within 90 days after the receipt of an entity’s plan by the Secretary, the Secretary shall inform the entity, in

writing, of the Secretary’s approval or disapproval of the plan. If the

plan is disapproved, the entity shall be informed, in writing, of the

reasons for the disapproval and shall be given an opportunity to

amend the plan or to petition the Secretary to reconsider such disapproval.

‘‘(g) RESPONSIBILITIES OF DEPARTMENT OF EDUCATION.—Not

later than 180 days after the date of enactment of the No Child Left

Behind Act of 2001, the Secretary of Education, the Secretary of the

Interior, and the head of any other Federal department or agency

identified by the Secretary of Education, shall enter into an interdepartmental memorandum of agreement providing for the implementation of the demonstration projects authorized under this section. The lead agency head for a demonstration project under this

section shall be— ‘‘(1) the Secretary of the Interior, in the case of an entity

meeting the definition of a contract or grant school under title

XI of the Education Amendments of 1978; or ‘‘(2) the Secretary of Education, in the case of any other entity.

‘‘(h) RESPONSIBILITIES OF LEAD AGENCY.—The responsibilities

of the lead agency shall include—

‘‘(1) the use of a single report format related to the plan for

the individual project, which shall be used by an eligible entity

to report on the activities undertaken under the project;

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‘‘(2) the use of a single report format related to the projected

expenditures for the individual project which shall be used by

an eligible entity to report on all project expenditures;

‘‘(3) the development of a single system of Federal oversight

for the project, which shall be implemented by the lead agency;

and

‘‘(4) the provision of technical assistance to an eligible entity appropriate to the project, except that an eligible entity shall

have the authority to accept or reject the plan for providing

such technical assistance and the technical assistance provider.

‘‘(i) REPORT REQUIREMENTS.—A single report format shall be

developed by the Secretary, consistent with the requirements of this

section. Such report format shall require that reports described in

subsection (h), together with records maintained on the consolidated

program at the local level, shall contain such information as will

allow a determination that the eligible entity has complied with the

requirements incorporated in its approved plan, including making

a demonstration of student academic achievement, and will provide

assurances to each Secretary that the eligible entity has complied

with all directly applicable statutory requirements and with those

directly applicable regulatory requirements that have not been

waived.

‘‘(j) NO REDUCTION IN AMOUNTS.—In no case shall the amount

of Federal funds available to an eligible entity involved in any demonstration project be reduced as a result of the enactment of this section.

‘‘(k) INTERAGENCY FUND TRANSFERS AUTHORIZED.—The Secretary is authorized to take such action as may be necessary to provide for an interagency transfer of funds otherwise available to an

eligible entity in order to further the objectives of this section.

‘‘(l) ADMINISTRATION OF FUNDS.—

‘‘(1) IN GENERAL.—Program funds for the consolidated programs shall be administered in such a manner as to allow for

a determination that funds from a specific program are spent

on allowable activities authorized under such program, except

that the eligible entity shall determine the proportion of the

funds granted that shall be allocated to such program.

‘‘(2) SEPARATE RECORDS NOT REQUIRED.—Nothing in this

section shall be construed as requiring the eligible entity to

maintain separate records tracing any services or activities conducted under the approved plan to the individual programs

under which funds were authorized for the services or activities,

nor shall the eligible entity be required to allocate expenditures

among such individual programs.

‘‘(m) OVERAGE.—The eligible entity may commingle all administrative funds from the consolidated programs and shall be entitled

to the full amount of such funds (under each program’s or agency’s

regulations). The overage (defined as the difference between the

amount of the commingled funds and the actual administrative cost

of the programs) shall be considered to be properly spent for Federal

audit purposes, if the overage is used for the purposes provided for

under this section.

‘‘(n) FISCAL ACCOUNTABILITY.—Nothing in this part shall be

construed so as to interfere with the ability of the Secretary or the

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lead agency to fulfill the responsibilities for the safeguarding of Federal funds pursuant to chapter 75 of title 31, United States Code. ‘‘(o) REPORT ON STATUTORY OBSTACLES TO PROGRAM INTEGRA- TION.— ‘‘(1) PRELIMINARY REPORT.—Not later than 2 years after the

date of enactment of the No Child Left Behind Act of 2001, the

Secretary of Education shall submit a preliminary report to the

Committee on Education and the Workforce and the Committee

on Resources of the House of Representatives and the Committee

on Health, Education, Labor, and Pensions and the Committee

on Indian Affairs of the Senate on the status of the implementation of the demonstration projects authorized under this section. ‘‘(2) FINAL REPORT.—Not later than 5 years after the date

of enactment of the No Child Left Behind Act of 2001, the Secretary of Education shall submit a report to the Committee on

Education and the Workforce and the Committee on Resources

of the House of Representatives and the Committee on Health,

Education, Labor, and Pensions and the Committee on Indian

Affairs of the Senate on the results of the implementation of the

demonstration projects authorized under this section. Such report shall identify statutory barriers to the ability of participants to integrate more effectively their education and related

services to Indian students in a manner consistent with the objectives of this section.

‘‘(p) DEFINITIONS.—For the purposes of this section, the term ‘Secretary’ means— ‘‘(1) the Secretary of the Interior, in the case of an entity

meeting the definition of a contract or grant school under title

XI of the Education Amendments of 1978; or ‘‘(2) the Secretary of Education, in the case of any other entity.

‘‘SEC. 7117. STUDENT ELIGIBILITY FORMS.

‘‘(a) IN GENERAL.—The Secretary shall require that, as part of

an application for a grant under this subpart, each applicant shall

maintain a file, with respect to each Indian child for whom the local

educational agency provides a free public education, that contains

a form that sets forth information establishing the status of the

child as an Indian child eligible for assistance under this subpart,

and that otherwise meets the requirements of subsection (b). ‘‘(b) FORMS.—The form described in subsection (a) shall

include—

‘‘(1) either—

‘‘(A)(i) the name of the tribe or band of Indians (as defined in section 7151) with respect to which the child

claims membership;

‘‘(ii) the enrollment number establishing the membership of the child (if readily available); and

‘‘(iii) the name and address of the organization that

maintains updated and accurate membership data for such

tribe or band of Indians; or

‘‘(B) the name, the enrollment number (if readily available), and the name and address of the organization responsible for maintaining updated and accurate membership data, of any parent or grandparent of the child from

whom the child claims eligibility under this subpart, if the

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child is not a member of the tribe or band of Indians (as

so defined);

‘‘(2) a statement of whether the tribe or band of Indians (as

so defined), with respect to which the child, or parent or grandparent of the child, claims membership, is federally recognized;

‘‘(3) the name and address of the parent or legal guardian

of the child;

‘‘(4) a signature of the parent or legal guardian of the child

that verifies the accuracy of the information supplied; and

‘‘(5) any other information that the Secretary considers necessary to provide an accurate program profile.

‘‘(c) STATUTORY CONSTRUCTION.—Nothing in this section shall

be construed to affect a definition contained in section 7151.

‘‘(d) FORMS AND STANDARDS OF PROOF.—The forms and the

standards of proof (including the standard of good faith compliance) that were in use during the 1985–86 academic year to establish the eligibility of a child for entitlement under the Indian Elementary and Secondary School Assistance Act shall be the forms

and standards of proof used—

‘‘(1) to establish eligibility under this subpart; and

‘‘(2) to meet the requirements of subsection (a).

‘‘(e) DOCUMENTATION.—For purposes of determining whether a

child is eligible to be counted for the purpose of computing the

amount of a grant award under section 7113, the membership of the

child, or any parent or grandparent of the child, in a tribe or band

of Indians (as so defined) may be established by proof other than

an enrollment number, notwithstanding the availability of an enrollment number for a member of such tribe or band. Nothing in

subsection (b) shall be construed to require the furnishing of an enrollment number.

‘‘(f) MONITORING AND EVALUATION REVIEW.—

‘‘(1) IN GENERAL.—

‘‘(A) REVIEW.—For each fiscal year, in order to provide

such information as is necessary to carry out the responsibility of the Secretary to provide technical assistance under

this subpart, the Secretary shall conduct a monitoring and

evaluation review of a sampling of the recipients of grants

under this subpart. The sampling conducted under this

subparagraph shall take into account the size of and the

geographic location of each local educational agency.

‘‘(B) EXCEPTION.—A local educational agency may not

be held liable to the United States or be subject to any penalty, by reason of the findings of an audit that relates to

the date of completion, or the date of submission, of any

forms used to establish, before April 28, 1988, the eligibility

of a child for an entitlement under the Indian Elementary

and Secondary School Assistance Act.

‘‘(2) FALSE INFORMATION.—Any local educational agency

that provides false information in an application for a grant

under this subpart shall—

‘‘(A) be ineligible to apply for any other grant under

this subpart; and

‘‘(B) be liable to the United States for any funds from

the grant that have not been expended.

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‘‘(3) EXCLUDED CHILDREN.—A student who provides false

information for the form required under subsection (a) shall not

be counted for the purpose of computing the amount of a grant

under section 7113.

‘‘(g) TRIBAL GRANT AND CONTRACT SCHOOLS.—Notwithstanding

any other provision of this section, in calculating the amount of a

grant under this subpart to a tribal school that receives a grant or

contract from the Bureau of Indian Affairs, the Secretary shall use

only 1 of the following, as selected by the school:

‘‘(1) A count of the number of students in the schools certified by the Bureau.

‘‘(2) A count of the number of students for whom the school

has eligibility forms that comply with this section.

‘‘(h) TIMING OF CHILD COUNTS.—For purposes of determining

the number of children to be counted in calculating the amount of

a local educational agency’s grant under this subpart (other than in

the case described in subsection (g)(1)), the local educational agency

shall—

‘‘(1) establish a date on, or a period not longer than 31 consecutive days during, which the agency counts those children,

if that date or period occurs before the deadline established by

the Secretary for submitting an application under section 7114;

and

‘‘(2) determine that each such child was enrolled, and receiving a free public education, in a school of the agency on that

date or during that period, as the case may be.

‘‘SEC. 7118. PAYMENTS.

‘‘(a) IN GENERAL.—Subject to subsections (b) and (c), the Secretary shall pay to each local educational agency that submits an

application that is approved by the Secretary under this subpart the

amount determined under section 7113. The Secretary shall notify

the local educational agency of the amount of the payment not later

than June 1 of the year for which the Secretary makes the payment.

‘‘(b) PAYMENTS TAKEN INTO ACCOUNT BY THE STATE.—The Secretary may not make a grant under this subpart to a local educational agency for a fiscal year if, for such fiscal year, the State

in which the local educational agency is located takes into consideration payments made under this chapter in determining the eligibility of the local educational agency for State aid, or the amount

of the State aid, with respect to the free public education of children

during such fiscal year or the preceding fiscal year.

‘‘(c) REDUCTION OF PAYMENT FOR FAILURE TO MAINTAIN FISCAL

EFFORT.—

‘‘(1) IN GENERAL.—The Secretary may not pay a local educational agency the full amount of a grant award determined

under section 7113 for any fiscal year unless the State educational agency notifies the Secretary, and the Secretary determines, that with respect to the provision of free public education

by the local educational agency for the preceding fiscal year, the

combined fiscal effort of the local educational agency and the

State, computed on either a per student or aggregate expenditure basis, was not less than 90 percent of the amount of the

combined fiscal effort, computed on the same basis, for the second preceding fiscal year.

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‘‘(2) FAILURE TO MAINTAIN EFFORT.—If, for the preceding

fiscal year, the Secretary determines that a local educational

agency and State failed to maintain the combined fiscal effort

for such agency at the level specified in paragraph (1), the Secretary shall—

‘‘(A) reduce the amount of the grant that would otherwise be made to such agency under this subpart in the

exact proportion of the failure to maintain the fiscal effort

at such level; and

‘‘(B) not use the reduced amount of the agency and

State expenditures for the preceding year to determine compliance with paragraph (1) for any succeeding fiscal year,

but shall use the amount of expenditures that would have

been required to comply with paragraph (1).

‘‘(3) WAIVER.—

‘‘(A) IN GENERAL.—The Secretary may waive the requirement of paragraph (1) for a local educational agency,

for not more than 1 year at a time, if the Secretary determines that the failure to comply with such requirement is

due to exceptional or uncontrollable circumstances, such as

a natural disaster or a precipitous and unforeseen decline

in the agency’s financial resources.

‘‘(B) FUTURE DETERMINATIONS.—The Secretary shall

not use the reduced amount of the agency’s expenditures for

the fiscal year preceding the fiscal year for which a waiver

is granted to determine compliance with paragraph (1) for

any succeeding fiscal year, but shall use the amount of expenditures that would have been required to comply with

paragraph (1) in the absence of the waiver.

‘‘(d) REALLOCATIONS.—The Secretary may reallocate, in a manner that the Secretary determines will best carry out the purpose of

this subpart, any amounts that—

‘‘(1) based on estimates made by local educational agencies

or other information, the Secretary determines will not be needed by such agencies to carry out approved programs under this

subpart; or

‘‘(2) otherwise become available for reallocation under this

subpart.

‘‘SEC. 7119. STATE EDUCATIONAL AGENCY REVIEW.

‘‘Before submitting an application to the Secretary under section

7114, a local educational agency shall submit the application to the

State educational agency, which may comment on such application.

If the State educational agency comments on the application, the

agency shall comment on all applications submitted by local educational agencies in the State and shall provide those comments to

the respective local educational agencies, with an opportunity to respond.

‘‘Subpart 2—Special Programs and Projects To Improve

Educational Opportunities for Indian Children

‘‘SEC. 7121. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR INDIAN CHILDREN.

‘‘(a) PURPOSE.—

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‘‘(1) IN GENERAL.—It is the purpose of this section to support projects to develop, test, and demonstrate the effectiveness

of services and programs to improve educational opportunities

and achievement of Indian children. ‘‘(2) COORDINATION.—The Secretary shall take the necessary

actions to achieve the coordination of activities assisted under

this subpart with— ‘‘(A) other programs funded under this Act; and

‘‘(B) other Federal programs operated for the benefit of

American Indian and Alaska Native children. ‘‘(b) ELIGIBLE ENTITIES.—In this section, the term ‘eligible entity’ means a State educational agency, local educational agency, Indian tribe, Indian organization, federally supported elementary

school or secondary school for Indian students, Indian institution

(including an Indian institution of higher education), or a consortium of such entities. ‘‘(c) GRANTS AUTHORIZED.— ‘‘(1) IN GENERAL.—The Secretary shall award grants to eligible entities to enable such entities to carry out activities that

meet the purpose of this section, including— ‘‘(A) innovative programs related to the educational

needs of educationally disadvantaged children; ‘‘(B) educational services that are not available to such

children in sufficient quantity or quality, including remedial instruction, to raise the achievement of Indian children

in 1 or more of the core academic subjects of English, mathematics, science, foreign languages, art, history, and geography; ‘‘(C) bilingual and bicultural programs and projects;

‘‘(D) special health and nutrition services, and other related activities, that address the special health, social, and

psychological problems of Indian children; ‘‘(E) special compensatory and other programs and

projects designed to assist and encourage Indian children

to enter, remain in, or reenter school, and to increase the

rate of high school graduation for Indian children;

‘‘(F) comprehensive guidance, counseling, and testing

services;

‘‘(G) early childhood and kindergarten programs, including family-based preschool programs that emphasize

school readiness and parental skills, and the provision of

services to Indian children with disabilities;

‘‘(H) partnership projects between local educational

agencies and institutions of higher education that allow

secondary school students to enroll in courses at the postsecondary level to aid such students in the transition from

secondary to postsecondary education;

‘‘(I) partnership projects between schools and local

businesses for career preparation programs designed to provide Indian youth with the knowledge and skills such

youth need to make an effective transition from school to a

high-skill, high-wage career;

‘‘(J) programs designed to encourage and assist Indian

students to work toward, and gain entrance into, an institution of higher education;

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‘‘(K) family literacy services;

‘‘(L) activities that recognize and support the unique

cultural and educational needs of Indian children, and incorporate appropriately qualified tribal elders and seniors;

or ‘‘(M) other services that meet the purpose described in

this section.

‘‘(2) PROFESSIONAL DEVELOPMENT.—Professional development of teaching professionals and paraprofessionals may be a

part of any program assisted under this section.

‘‘(d) GRANT REQUIREMENTS AND APPLICATIONS.— ‘‘(1) GRANT REQUIREMENTS.— ‘‘(A) IN GENERAL.—The Secretary may make multiyear

grants under subsection (c) for the planning, development,

pilot operation, or demonstration of any activity described

in subsection (c) for a period not to exceed 5 years. ‘‘(B) PRIORITY.—In making multiyear grants described

in this paragraph, the Secretary shall give priority to entities submitting applications that present a plan for combining 2 or more of the activities described in subsection (c)

over a period of more than 1 year. ‘‘(C) PROGRESS.—The Secretary shall make a grant

payment for a grant described in this paragraph to an eligible entity after the initial year of the multiyear grant only

if the Secretary determines that the eligible entity has made

substantial progress in carrying out the activities assisted

under the grant in accordance with the application submitted under paragraph (3) and any subsequent modifications to such application.

‘‘(2) DISSEMINATION GRANTS.— ‘‘(A) IN GENERAL.—In addition to awarding the

multiyear grants described in paragraph (1), the Secretary

may award grants under subsection (c) to eligible entities

for the dissemination of exemplary materials or programs

assisted under this section.

‘‘(B) DETERMINATION.—The Secretary may award a

dissemination grant described in this paragraph if, prior to

awarding the grant, the Secretary determines that the material or program to be disseminated— ‘‘(i) has been adequately reviewed;

‘‘(ii) has demonstrated educational merit; and

‘‘(iii) can be replicated. ‘‘(3) APPLICATION.—

‘‘(A) IN GENERAL.—Any eligible entity that desires to receive a grant under this section shall submit an application

to the Secretary at such time and in such manner as the

Secretary may reasonably require.

‘‘(B) CONTENTS.—Each application submitted to the

Secretary under subparagraph (A), other than an application for a dissemination grant under paragraph (2), shall

contain—

‘‘(i) a description of how parents of Indian children

and representatives of Indian tribes have been, and

will be, involved in developing and implementing the

activities for which assistance is sought;

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‘‘(ii) assurances that the applicant will participate,

at the request of the Secretary, in any national evaluation of activities assisted under this section;

‘‘(iii) information demonstrating that the proposed

program for the activities is a scientifically based research program, where applicable, which may include

a program that has been modified to be culturally appropriate for students who will be served;

‘‘(iv) a description of how the applicant will incorporate the proposed activities into the ongoing school

program involved once the grant period is over; and

‘‘(v) such other assurances and information as the

Secretary may reasonably require.

‘‘(e) ADMINISTRATIVE COSTS.—Not more than 5 percent of the

funds provided to a grantee under this subpart for any fiscal year

may be used for administrative purposes.

‘‘SEC. 7122. PROFESSIONAL DEVELOPMENT FOR TEACHERS AND EDUCATION PROFESSIONALS.

‘‘(a) PURPOSES.—The purposes of this section are—

‘‘(1) to increase the number of qualified Indian individuals

in teaching or other education professions that serve Indian

people;

‘‘(2) to provide training to qualified Indian individuals to

enable such individuals to become teachers, administrators,

teacher aides, social workers, and ancillary educational personnel; and

‘‘(3) to improve the skills of qualified Indian individuals

who serve in the capacities described in paragraph (2).

‘‘(b) ELIGIBLE ENTITIES.—For the purpose of this section, the

term ‘eligible entity’ means—

‘‘(1) an institution of higher education, including an Indian

institution of higher education;

‘‘(2) a State educational agency or local educational agency,

in consortium with an institution of higher education;

‘‘(3) an Indian tribe or organization, in consortium with an

institution of higher education; and

‘‘(4) a Bureau-funded school (as defined in section 1146 of

the Education Amendments of 1978).

‘‘(c) PROGRAM AUTHORIZED.—The Secretary is authorized to

award grants to eligible entities having applications approved

under this section to enable those entities to carry out the activities

described in subsection (d).

‘‘(d) AUTHORIZED ACTIVITIES.—

‘‘(1) IN GENERAL.—Grant funds under this section shall be

used for activities to provide support and training for Indian

individuals in a manner consistent with the purposes of this

section. Such activities may include continuing programs,

symposia, workshops, conferences, and direct financial support,

and may include programs designed to train tribal elders and

seniors.

‘‘(2) SPECIAL RULES.—

‘‘(A) TYPE OF TRAINING.—For education personnel, the

training received pursuant to a grant under this section

may be inservice or preservice training.

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‘‘(B) PROGRAM.—For individuals who are being trained

to enter any field other than teaching, the training received

pursuant to a grant under this section shall be in a program that results in a graduate degree.

‘‘(e) APPLICATION.—Each eligible entity desiring a grant under

this section shall submit an application to the Secretary at such

time, in such manner, and accompanied by such information, as the

Secretary may reasonably require.

‘‘(f) SPECIAL RULE.—In awarding grants under this section, the

Secretary—

‘‘(1) shall consider the prior performance of the eligible entity; and

‘‘(2) may not limit eligibility to receive a grant under this

section on the basis of—

‘‘(A) the number of previous grants the Secretary has

awarded such entity; or

‘‘(B) the length of any period during which such entity

received such grants.

‘‘(g) GRANT PERIOD.—Each grant under this section shall be

awarded for a period of not more than 5 years.

‘‘(h) SERVICE OBLIGATION.—

‘‘(1) IN GENERAL.—The Secretary shall require, by regulation, that an individual who receives training pursuant to a

grant made under this section—

‘‘(A) perform work—

‘‘(i) related to the training received under this section; and

‘‘(ii) that benefits Indian people; or

‘‘(B) repay all or a prorated part of the assistance received.

‘‘(2) REPORTING.—The Secretary shall establish, by regulation, a reporting procedure under which a grant recipient under

this section shall, not later than 12 months after the date of

completion of the training, and periodically thereafter, provide

information concerning compliance with the work requirement

under paragraph (1).

‘‘Subpart 3—National Activities

‘‘SEC. 7131. NATIONAL RESEARCH ACTIVITIES.

‘‘(a) AUTHORIZED ACTIVITIES.—The Secretary may use funds

made available under section 7152(b) for each fiscal year to—

‘‘(1) conduct research related to effective approaches for the

education of Indian children and adults;

‘‘(2) evaluate federally assisted education programs from

which Indian children and adults may benefit;

‘‘(3) collect and analyze data on the educational status and

needs of Indians; and

‘‘(4) carry out other activities that are consistent with the

purpose of this part.

‘‘(b) ELIGIBILITY.—The Secretary may carry out any of the activities described in subsection (a) directly or through grants to, or

contracts or cooperative agreements with, Indian tribes, Indian organizations, State educational agencies, local educational agencies,

institutions of higher education, including Indian institutions of

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higher education, and other public and private agencies and institutions.

‘‘(c) COORDINATION.—Research activities supported under this

section—

‘‘(1) shall be carried out in consultation with the Office of

Educational Research and Improvement to ensure that such activities are coordinated with and enhance the research and development activities supported by the Office; and

‘‘(2) may include collaborative research activities that are

jointly funded and carried out by the Office of Indian Education Programs and the Office of Educational Research and

Improvement.

‘‘SEC. 7132. IN-SERVICE TRAINING FOR TEACHERS OF INDIAN CHILDREN.

‘‘(a) GRANTS AUTHORIZED.—In addition to the grants authorized by section 7122(c), the Secretary may make grants to eligible

consortia for the provision of high quality in-service training. The

Secretary may make such a grant to—

‘‘(1) a consortium of a tribal college and an institution of

higher education that awards a degree in education; or

‘‘(2) a consortium of—

‘‘(A) a tribal college;

‘‘(B) an institution of higher education that awards a

degree in education; and

‘‘(C) 1 or more elementary schools or secondary schools

operated by the Bureau of Indian Affairs, local educational

agencies serving Indian children, or tribal educational

agencies.

‘‘(b) USE OF FUNDS.—

‘‘(1) IN-SERVICE TRAINING.—A consortium that receives a

grant under subsection (a) shall use the grant funds only to

provide high quality in-service training to teachers, including

teachers who are not Indians, in schools of local educational

agencies with substantial numbers of Indian children enrolled

in their schools, in order to better meet the needs of those children.

‘‘(2) COMPONENTS.—The training described in paragraph

(1) shall include such activities as preparing teachers to use the

best available scientifically based research practices and learning strategies, and to make the most effective use of curricula

and materials, to respond to the unique needs of Indian children in their classrooms.

‘‘(c) PREFERENCE FOR INDIAN APPLICANTS.—In applying section

7143 to this section, the Secretary shall give a preference to any consortium that includes 1 or more of the entities described in section

7143.

‘‘SEC. 7133. FELLOWSHIPS FOR INDIAN STUDENTS.

‘‘(a) FELLOWSHIPS.—

‘‘(1) AUTHORITY.—The Secretary is authorized to award fellowships to Indian students to enable such students to study in

graduate and professional programs at institutions of higher

education.

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‘‘(2) REQUIREMENTS.—The fellowships described in paragraph (1) shall be awarded to Indian students to enable such

students to pursue a course of study—

‘‘(A) of not more than 4 academic years; and

‘‘(B) that leads—

‘‘(i) toward a postbaccalaureate degree in medicine,

clinical psychology, psychology, law, education, or a related field; or

‘‘(ii) to an undergraduate or graduate degree in engineering, business administration, natural resources,

or a related field.

‘‘(b) STIPENDS.—The Secretary shall pay to Indian students

awarded fellowships under subsection (a) such stipends (including

allowances for subsistence of such students and dependents of such

students) as the Secretary determines to be consistent with prevailing practices under comparable federally supported programs.

‘‘(c) PAYMENTS TO INSTITUTIONS IN LIEU OF TUITION.—The Secretary shall pay to the institution of higher education at which such

a fellowship recipient is pursuing a course of study, in lieu of tuition charged to such recipient, such amounts as the Secretary may

determine to be necessary to cover the cost of education provided to

such recipient.

‘‘(d) SPECIAL RULES.—

‘‘(1) IN GENERAL.—If a fellowship awarded under subsection (a) is vacated prior to the end of the period for which

the fellowship is awarded, the Secretary may award an additional fellowship for the unexpired portion of the period of the

first fellowship.

‘‘(2) WRITTEN NOTICE.—Not later than 45 days before the

commencement of an academic term, the Secretary shall provide

to each individual who is awarded a fellowship under subsection (a) for such academic term written notice of—

‘‘(A) the amount of the funding for the fellowship; and

‘‘(B) any stipends or other payments that will be made

under this section to, or for the benefit of, the individual for

the academic term.

‘‘(3) PRIORITY.—Not more than 10 percent of the fellowships

awarded under subsection (a) shall be awarded, on a priority

basis, to persons receiving training in guidance counseling with

a specialty in the area of alcohol and substance abuse counseling and education.

‘‘(e) SERVICE OBLIGATION.—

‘‘(1) IN GENERAL.—The Secretary shall require, by regulation, that an individual who receives financial assistance under

this section—

‘‘(A) perform work—

‘‘(i) related to the training for which the individual

receives the assistance under this section; and

‘‘(ii) that benefits Indian people; or

‘‘(B) repay all or a prorated portion of such assistance.

‘‘(2) REPORTING.—The Secretary shall establish, by regulation, a reporting procedure under which a recipient of assistance under this section shall, not later than 12 months after the

date of completion of the training, and periodically thereafter,

510

provide information concerning the compliance of such recipient

with the work requirement described in paragraph (1).

‘‘(f) ADMINISTRATION OF FELLOWSHIPS.—The Secretary may administer the fellowships authorized under this section through a

grant to, or contract or cooperative agreement with, an Indian organization with demonstrated qualifications to administer all facets of

the program assisted under this section.

‘‘SEC. 7134. GIFTED AND TALENTED INDIAN STUDENTS.

‘‘(a) PROGRAM AUTHORIZED.—The Secretary is authorized to— ‘‘(1) establish 2 centers for gifted and talented Indian students at tribally controlled community colleges in accordance

with this section; and ‘‘(2) support demonstration projects described in subsection

(c).

‘‘(b) ELIGIBLE ENTITIES.—The Secretary shall make grants, or

enter into contracts, for the activities described in subsection (a), to

or with—

‘‘(1) 2 tribally controlled community colleges that— ‘‘(A) are eligible for funding under the Tribally Controlled College or University Assistance Act of 1978; and ‘‘(B) are fully accredited; or ‘‘(2) the American Indian Higher Education Consortium, if

the Secretary does not receive applications that the Secretary

determines to be approvable from 2 colleges that meet the requirements of paragraph (1).

‘‘(c) USE OF FUNDS.— ‘‘(1) IN GENERAL.—Funds made available through the

grants made, or contracts entered into, by the Secretary under

subsection (b) shall be used for— ‘‘(A) the establishment of centers described in subsection (a); and ‘‘(B) carrying out demonstration projects designed to— ‘‘(i) address the special needs of Indian students in

elementary schools and secondary schools who are gifted and talented; and ‘‘(ii) provide such support services to the families of

the students described in clause (i) as are needed to enable such students to benefit from the projects. ‘‘(2) SUBCONTRACTS.—Each recipient of a grant or contract

under subsection (b) to carry out a demonstration project under

subsection (a) may enter into a contract with any other entity,

including the Children’s Television Workshop, to carry out the

demonstration project.

‘‘(3) DEMONSTRATION PROJECTS.—Demonstration projects

assisted under subsection (b) may include—

‘‘(A) the identification of the special needs of gifted and

talented Indian students, particularly at the elementary

school level, giving attention to—

‘‘(i) identifying the emotional and psychosocial

needs of such students; and

‘‘(ii) providing such support services to the families

of such students as are needed to enable such students

to benefit from the projects;

‘‘(B) the conduct of educational, psychosocial, and developmental activities that the Secretary determines hold a

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reasonable promise of resulting in substantial progress toward meeting the educational needs of such gifted and talented children, including— ‘‘(i) demonstrating and exploring the use of Indian

languages and exposure to Indian cultural traditions;

and ‘‘(ii) carrying out mentoring and apprenticeship

programs;

‘‘(C) the provision of technical assistance and the coordination of activities at schools that receive grants under

subsection (d) with respect to the activities assisted under

such grants, the evaluation of programs assisted under

such grants, or the dissemination of such evaluations; ‘‘(D) the use of public television in meeting the special

educational needs of such gifted and talented children; ‘‘(E) leadership programs designed to replicate programs for such children throughout the United States, including disseminating information derived from the demonstration projects conducted under subsection (a); and ‘‘(F) appropriate research, evaluation, and related activities pertaining to the needs of such children and to the

provision of such support services to the families of such

children as are needed to enable such children to benefit

from the projects.

‘‘(4) APPLICATION.—Each eligible entity desiring a grant or

contract under subsection (b) shall submit an application to the

Secretary at such time, in such manner, and accompanied by

such information, as the Secretary may reasonably require.

‘‘(d) ADDITIONAL GRANTS.— ‘‘(1) IN GENERAL.—The Secretary, in consultation with the

Secretary of the Interior, shall award 5 grants to schools funded by the Bureau of Indian Affairs (hereafter referred to individually in this section as a ‘Bureau school’) for program research and development and the development and dissemination of curriculum and teacher training material, regarding—

‘‘(A) gifted and talented students;

‘‘(B) college preparatory studies (including programs

for Indian students with an interest in pursuing teaching

careers);

‘‘(C) students with special culturally related academic

needs, including students with social, lingual, and cultural

needs; or

‘‘(D) mathematics and science education.

‘‘(2) APPLICATIONS.—Each Bureau school desiring a grant

under this subsection shall submit an application to the Secretary at such time, in such manner, and accompanied by such

information, as the Secretary may reasonably require.

‘‘(3) SPECIAL RULE.—Each application described in paragraph (2) shall be developed, and each grant under this subsection shall be administered, jointly by the supervisor of the

Bureau school and the local educational agency serving such

school.

‘‘(4) REQUIREMENTS.—In awarding grants under paragraph

(1), the Secretary shall achieve a mixture of the programs described in paragraph (1) that ensures that Indian students at

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all grade levels and in all geographic areas of the United States

are able to participate in a program assisted under this subsection.

‘‘(5) GRANT PERIOD.—Subject to the availability of appropriations, a grant awarded under paragraph (1) shall be

awarded for a 3-year period and may be renewed by the Secretary for additional 3-year periods if the Secretary determines

that the performance of the grant recipient has been satisfactory.

‘‘(6) DISSEMINATION.—

‘‘(A) COOPERATIVE EFFORTS.—The dissemination of any

materials developed from activities assisted under paragraph (1) shall be carried out in cooperation with entities

that receive funds pursuant to subsection (b).

‘‘(B) REPORT.—The Secretary shall prepare and submit

to the Secretary of the Interior and to Congress a report

concerning any results from activities described in this subsection.

‘‘(7) EVALUATION COSTS.—

‘‘(A) DIVISION.—The costs of evaluating any activities

assisted under paragraph (1) shall be divided between the

Bureau schools conducting such activities and the recipients of grants or contracts under subsection (b) who conduct demonstration projects under subsection (a).

‘‘(B) GRANTS AND CONTRACTS.—If no funds are provided under subsection (b) for—

‘‘(i) the evaluation of activities assisted under paragraph (1);

‘‘(ii) technical assistance and coordination with respect to such activities; or

‘‘(iii) the dissemination of the evaluations referred

to in clause (i),

the Secretary shall make such grants, or enter into such

contracts, as are necessary to provide for the evaluations,

technical assistance, and coordination of such activities,

and the dissemination of the evaluations.

‘‘(e) INFORMATION NETWORK.—The Secretary shall encourage

each recipient of a grant or contract under this section to work cooperatively as part of a national network to ensure that the information developed by the grant or contract recipient is readily available

to the entire educational community.

‘‘SEC. 7135. GRANTS TO TRIBES FOR EDUCATION ADMINISTRATIVE

PLANNING AND DEVELOPMENT.

‘‘(a) IN GENERAL.—The Secretary may make grants to Indian

tribes, and tribal organizations approved by Indian tribes, to plan

and develop a centralized tribal administrative entity to—

‘‘(1) coordinate all education programs operated by the tribe

or within the territorial jurisdiction of the tribe;

‘‘(2) develop education codes for schools within the territorial jurisdiction of the tribe;

‘‘(3) provide support services and technical assistance to

schools serving children of the tribe; and

‘‘(4) perform child-find screening services for the preschoolaged children of the tribe to—

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‘‘(A) ensure placement in appropriate educational facilities; and ‘‘(B) coordinate the provision of any needed special

services for conditions such as disabilities and English language skill deficiencies. ‘‘(b) PERIOD OF GRANT.—Each grant awarded under this section

may be awarded for a period of not more than 3 years. Such grant

may be renewed upon the termination of the initial period of the

grant if the grant recipient demonstrates to the satisfaction of the

Secretary that renewing the grant for an additional 3-year period

is necessary to carry out the objectives of the grant described in subsection (c)(2)(A). ‘‘(c) APPLICATION FOR GRANT.— ‘‘(1) IN GENERAL.—Each Indian tribe and tribal organization desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, containing such information, and consistent with such criteria, as

the Secretary may prescribe in regulations. ‘‘(2) CONTENTS.—Each application described in paragraph

(1) shall contain— ‘‘(A) a statement describing the activities to be conducted, and the objectives to be achieved, under the grant;

and

‘‘(B) a description of the method to be used for evaluating the effectiveness of the activities for which assistance

is sought and for determining whether such objectives are

achieved.

‘‘(3) APPROVAL.—The Secretary may approve an application

submitted by a tribe or tribal organization pursuant to this section only if the Secretary is satisfied that such application, including any documentation submitted with the application—

‘‘(A) demonstrates that the applicant has consulted

with other education entities, if any, within the territorial

jurisdiction of the applicant who will be affected by the activities to be conducted under the grant; ‘‘(B) provides for consultation with such other education entities in the operation and evaluation of the activities conducted under the grant; and ‘‘(C) demonstrates that there will be adequate resources

provided under this section or from other sources to complete the activities for which assistance is sought, except

that the availability of such other resources shall not be a

basis for disapproval of such application. ‘‘(d) RESTRICTION.—A tribe may not receive funds under this

section if such tribe receives funds under section 1144 of the Education Amendments of 1978.

‘‘SEC. 7136. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR

ADULT INDIANS.

‘‘(a) IN GENERAL.—The Secretary shall make grants to State

educational agencies, local educational agencies, and Indian tribes,

institutions, and organizations—

‘‘(1) to support planning, pilot, and demonstration projects

that are designed to test and demonstrate the effectiveness of

programs for improving employment and educational opportunities for adult Indians;

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‘‘(2) to assist in the establishment and operation of programs that are designed to stimulate— ‘‘(A) the provision of basic literacy opportunities for all

nonliterate Indian adults; and ‘‘(B) the provision of opportunities to all Indian adults

to qualify for a secondary school diploma, or its recognized

equivalent, in the shortest period of time feasible;

‘‘(3) to support a major research and development program

to develop more innovative and effective techniques for achieving literacy and secondary school equivalency for Indians; ‘‘(4) to provide for basic surveys and evaluations to define

accurately the extent of the problems of illiteracy and lack of

secondary school completion among Indians; and ‘‘(5) to encourage the dissemination of information and materials relating to, and the evaluation of, the effectiveness of

education programs that may offer educational opportunities to

Indian adults.

‘‘(b) EDUCATIONAL SERVICES.—The Secretary may make grants

to Indian tribes, institutions, and organizations to develop and establish educational services and programs specifically designed to

improve educational opportunities for Indian adults. ‘‘(c) INFORMATION AND EVALUATION.—The Secretary may make

grants to, and enter into contracts with, public agencies and institutions and Indian tribes, institutions, and organizations, for— ‘‘(1) the dissemination of information concerning educational programs, services, and resources available to Indian

adults, including evaluations of the programs, services, and resources; and ‘‘(2) the evaluation of federally assisted programs in which

Indian adults may participate to determine the effectiveness of

the programs in achieving the purposes of the programs with

respect to Indian adults.

‘‘(d) APPLICATIONS.— ‘‘(1) IN GENERAL.—Each entity desiring a grant or contract

under this section shall submit to the Secretary an application

at such time, in such manner, containing such information, and

consistent with such criteria, as the Secretary may prescribe in

regulations.

‘‘(2) CONTENTS.—Each application described in paragraph

(1) shall contain— ‘‘(A) a statement describing the activities to be conducted and the objectives to be achieved under the grant or

contract; and ‘‘(B) a description of the method to be used for evaluating the effectiveness of the activities for which assistance

is sought and determining whether the objectives of the

grant or contract are achieved.

‘‘(3) APPROVAL.—The Secretary shall not approve an application described in paragraph (1) unless the Secretary determines that such application, including any documentation submitted with the application, indicates that—

‘‘(A) there has been adequate participation, by the individuals to be served and the appropriate tribal communities, in the planning and development of the activities to

be assisted; and

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‘‘(B) the individuals and tribal communities referred to

in subparagraph (A) will participate in the operation and

evaluation of the activities to be assisted.

‘‘(4) PRIORITY.—In approving applications under paragraph

(1), the Secretary shall give priority to applications from Indian

educational agencies, organizations, and institutions.

‘‘(e) ADMINISTRATIVE COSTS.—Not more than 5 percent of the

funds made available to an entity through a grant or contract made

or entered into under this section for a fiscal year may be used to

pay for administrative costs.

‘‘Subpart 4—Federal Administration

‘‘SEC. 7141. NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION.

‘‘(a) MEMBERSHIP.—There is established a National Advisory

Council on Indian Education (hereafter in this section referred to as

the ‘Council’), which shall—

‘‘(1) consist of 15 Indian members, who shall be appointed

by the President from lists of nominees furnished, from time to

time, by Indian tribes and organizations; and

‘‘(2) represent different geographic areas of the United

States.

‘‘(b) DUTIES.—The Council shall—

‘‘(1) advise the Secretary concerning the funding and administration (including the development of regulations and administrative policies and practices) of any program, including

any program established under this part—

‘‘(A) with respect to which the Secretary has jurisdiction; and

‘‘(B)(i) that includes Indian children or adults as participants; or

‘‘(ii) that may benefit Indian children or adults;

‘‘(2) make recommendations to the Secretary for filling the

position of Director of Indian Education whenever a vacancy occurs; and

‘‘(3) submit to Congress, not later than June 30 of each

year, a report on the activities of the Council, including—

‘‘(A) any recommendations that the Council considers

appropriate for the improvement of Federal education programs that include Indian children or adults as participants, or that may benefit Indian children or adults; and

‘‘(B) recommendations concerning the funding of any

program described in subparagraph (A).

‘‘SEC. 7142. PEER REVIEW.

‘‘The Secretary may use a peer review process to review applications submitted to the Secretary under subpart 2 or subpart 3.

‘‘SEC. 7143. PREFERENCE FOR INDIAN APPLICANTS.

‘‘In making grants and entering into contracts or cooperative

agreements under subpart 2 or subpart 3, the Secretary shall give

a preference to Indian tribes, organizations, and institutions of

higher education under any program with respect to which Indian

tribes, organizations, and institutions are eligible to apply for

grants, contracts, or cooperative agreements.

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‘‘SEC. 7144. MINIMUM GRANT CRITERIA.

‘‘The Secretary may not approve an application for a grant, contract, or cooperative agreement under subpart 2 or subpart 3 unless

the application is for a grant, contract, or cooperative agreement

that is—‘‘(1) of sufficient size, scope, and quality to achieve the purpose or objectives of such grant, contract, or cooperative agreement; and ‘‘(2) based on relevant research findings.

‘‘Subpart 5—Definitions; Authorizations of Appropriations

‘‘SEC. 7151. DEFINITIONS.

‘‘For the purposes of this part: ‘‘(1) ADULT.—The term ‘adult’ means an individual who— ‘‘(A) has attained the age of 16 years; or

‘‘(B) has attained an age that is greater than the age

of compulsory school attendance under an applicable State

law.

‘‘(2) FREE PUBLIC EDUCATION.—The term ‘free public education’ means education that is— ‘‘(A) provided at public expense, under public supervision and direction, and without tuition charge; and ‘‘(B) provided as elementary or secondary education in

the applicable State or to preschool children.

‘‘(3) INDIAN.—The term ‘Indian’ means an individual who

is— ‘‘(A) a member of an Indian tribe or band, as membership is defined by the tribe or band, including— ‘‘(i) any tribe or band terminated since 1940; and

‘‘(ii) any tribe or band recognized by the State in

which the tribe or band resides;

‘‘(B) a descendant, in the first or second degree, of an

individual described in subparagraph (A);

‘‘(C) considered by the Secretary of the Interior to be an

Indian for any purpose;

‘‘(D) an Eskimo, Aleut, or other Alaska Native; or

‘‘(E) a member of an organized Indian group that received a grant under the Indian Education Act of 1988 as

in effect the day preceding the date of enactment of the Improving America’s Schools Act of 1994.

‘‘SEC. 7152. AUTHORIZATIONS OF APPROPRIATIONS.

‘‘(a) SUBPART 1.—For the purpose of carrying out subpart 1,

there are authorized to be appropriated $96,400,000 for fiscal year

2002 and such sums as may be necessary for each of the 5 succeeding fiscal years.

‘‘(b) SUBPARTS 2 AND 3.—For the purpose of carrying out subparts 2 and 3, there are authorized to be appropriated $24,000,000

for fiscal year 2002 and such sums as may be necessary for each

of the 5 succeeding fiscal years.

‘‘PART B—NATIVE HAWAIIAN EDUCATION

‘‘SEC. 7201. SHORT TITLE.

‘‘This part may be cited as the ‘Native Hawaiian Education

Act’.

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‘‘SEC. 7202. FINDINGS.

‘‘Congress finds the following:

‘‘(1) Native Hawaiians are a distinct and unique indigenous people with a historical continuity to the original inhabitants of the Hawaiian archipelago, whose society was organized as a nation and internationally recognized as a nation by

the United States, Britain, France, and Japan, as evidenced by

treaties governing friendship, commerce, and navigation.

‘‘(2) At the time of the arrival of the first nonindigenous

people in Hawai‘i in 1778, the Native Hawaiian people lived in

a highly organized, self-sufficient subsistence social system

based on a communal land tenure system with a sophisticated

language, culture, and religion.

‘‘(3) A unified monarchal government of the Hawaiian Islands was established in 1810 under Kamehameha I, the first

King of Hawai‘i.

‘‘(4) From 1826 until 1893, the United States recognized the

sovereignty and independence of the Kingdom of Hawai‘i, which

was established in 1810 under Kamehameha I, extended full

and complete diplomatic recognition to the Kingdom of Hawai‘i,

and entered into treaties and conventions with the Kingdom of

Hawai‘i to govern friendship, commerce and navigation in

1826, 1842, 1849, 1875, and 1887.

‘‘(5) In 1893, the sovereign, independent, internationally

recognized, and indigenous government of Hawai‘i, the Kingdom of Hawai‘i, was overthrown by a small group of non-Hawaiians, including United States citizens, who were assisted in

their efforts by the United States Minister, a United States

naval representative, and armed naval forces of the United

States. Because of the participation of United States agents and

citizens in the overthrow of the Kingdom of Hawai‘i, in 1993 the

United States apologized to Native Hawaiians for the overthrow

and the deprivation of the rights of Native Hawaiians to selfdetermination through Public Law 103–150 (107 Stat. 1510).

‘‘(6) In 1898, the joint resolution entitled ‘Joint Resolution

to provide for annexing the Hawaiian Islands to the United

States’, approved July 7, 1898 (30 Stat. 750), ceded absolute

title of all lands held by the Republic of Hawai‘i, including the

government and crown lands of the former Kingdom of Hawai‘i,

to the United States, but mandated that revenue generated from

the lands be used ‘solely for the benefit of the inhabitants of the

Hawaiian Islands for educational and other public purposes’.

‘‘(7) By 1919, the Native Hawaiian population had declined

from an estimated 1,000,000 in 1778 to an alarming 22,600,

and in recognition of this severe decline, Congress enacted the

Hawaiian Homes Commission Act, 1920 (42 Stat. 108), which

designated approximately 200,000 acres of ceded public lands

for homesteading by Native Hawaiians.

‘‘(8) Through the enactment of the Hawaiian Homes Commission Act, 1920, Congress affirmed the special relationship

between the United States and the Native Hawaiians, which

was described by then Secretary of the Interior Franklin K.

Lane, who said: ‘One thing that impressed me . . . was the fact

that the natives of the island who are our wards, I should say,

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and for whom in a sense we are trustees, are falling off rapidly

in numbers and many of them are in poverty.’. ‘‘(9) In 1938, Congress again acknowledged the unique status of the Hawaiian people by including in the Act of June 20,

1938 (52 Stat. 781, chapter 530; 16 U.S.C. 391b, 391b–1, 392b,

392c, 396, 396a), a provision to lease lands within the National

Parks extension to Native Hawaiians and to permit fishing in

the area ‘only by native Hawaiian residents of said area or of

adjacent villages and by visitors under their guidance.’. ‘‘(10) Under the Act entitled ‘An Act to provide for the admission of the State of Hawai‘i into the Union’, approved March

18, 1959 (73 Stat. 4), the United States transferred responsibility for the administration of the Hawaiian Home Lands to

the State of Hawai‘i but reaffirmed the trust relationship between the United States and the Hawaiian people by retaining

the exclusive power to enforce the trust, including the power to

approve land exchanges and amendments to such Act affecting

the rights of beneficiaries under such Act. ‘‘(11) In 1959, under the Act entitled ‘An Act to provide for

the admission of the State of Hawai‘i into the Union’, the

United States also ceded to the State of Hawai‘i title to the public lands formerly held by the United States, but mandated that

such lands be held by the State ‘in public trust’ and reaffirmed

the special relationship that existed between the United States

and the Hawaiian people by retaining the legal responsibility to

enforce the public trust responsibility of the State of Hawai‘i for

the betterment of the conditions of Native Hawaiians, as defined in section 201(a) of the Hawaiian Homes Commission Act,

1920.‘‘(12) The United States has recognized and reaffirmed

that— ‘‘(A) Native Hawaiians have a cultural, historic, and

land-based link to the indigenous people who exercised sovereignty over the Hawaiian Islands, and that group has

never relinquished its claims to sovereignty or its sovereign

lands;

‘‘(B) Congress does not extend services to Native Hawaiians because of their race, but because of their unique

status as the indigenous people of a once sovereign nation

as to whom the United States has established a trust relationship;

‘‘(C) Congress has also delegated broad authority to administer a portion of the Federal trust responsibility to the

State of Hawai‘i;

‘‘(D) the political status of Native Hawaiians is comparable to that of American Indians and Alaska Natives;

and

‘‘(E) the aboriginal, indigenous people of the United

States have—

‘‘(i) a continuing right to autonomy in their internal affairs; and

‘‘(ii) an ongoing right of self-determination and

self-governance that has never been extinguished.

‘‘(13) The political relationship between the United States

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affirmed by the United States, as evidenced by the inclusion of

Native Hawaiians in—

‘‘(A) the Native American Programs Act of 1974 (42

U.S.C. 2991 et seq.);

‘‘(B) the American Indian Religious Freedom Act (42

U.S.C. 1996);

‘‘(C) the National Museum of the American Indian Act

(20 U.S.C. 80q et seq.);

‘‘(D) the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.);

‘‘(E) the National Historic Preservation Act (16 U.S.C.

470 et seq.);

‘‘(F) the Native American Languages Act (25 U.S.C.

2901 et seq.);

‘‘(G) the American Indian, Alaska Native, and Native

Hawaiian Culture and Art Development Act (20 U.S.C.

4401 et seq.);

‘‘(H) the Workforce Investment Act of 1998 (29 U.S.C.

2801 et seq.); and

‘‘(I) the Older Americans Act of 1965 (42 U.S.C. 3001

et seq.).

‘‘(14) In 1981, Congress instructed the Office of Education

to submit to Congress a comprehensive report on Native Hawaiian education. The report, entitled the ‘Native Hawaiian Educational Assessment Project’, was released in 1983 and documented that Native Hawaiians scored below parity with regard

to national norms on standardized achievement tests, were disproportionately represented in many negative social and physical statistics indicative of special educational needs, and had

educational needs that were related to their unique cultural situation, such as different learning styles and low self-image.

‘‘(15) In recognition of the educational needs of Native Hawaiians, in 1988, Congress enacted title IV of the Augustus F.

Hawkins-Robert T. Stafford Elementary and Secondary School

Improvement Amendments of 1988 (102 Stat. 130) to authorize

and develop supplemental educational programs to address the

unique conditions of Native Hawaiians.

‘‘(16) In 1993, the Kamehameha Schools Bishop Estate released a 10-year update of findings of the Native Hawaiian

Educational Assessment Project, which found that despite the

successes of the programs established under title IV of the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988, many of the

same educational needs still existed for Native Hawaiians. Subsequent reports by the Kamehameha Schools Bishop Estate and

other organizations have generally confirmed those findings.

For example—

‘‘(A) educational risk factors continue to start even before birth for many Native Hawaiian children, including—

‘‘(i) late or no prenatal care;

‘‘(ii) high rates of births by Native Hawaiian

women who are unmarried; and

‘‘(iii) high rates of births to teenage parents;

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‘‘(B) Native Hawaiian students continue to begin their

school experience lagging behind other students in terms of

readiness factors such as vocabulary test scores; ‘‘(C) Native Hawaiian students continue to score below

national norms on standardized education achievement

tests at all grade levels; ‘‘(D) both public and private schools continue to show

a pattern of lower percentages of Native Hawaiian students

in the uppermost achievement levels and in gifted and talented programs; ‘‘(E) Native Hawaiian students continue to be overrepresented among students qualifying for special education programs provided to students with learning disabilities, mild mental retardation, emotional impairment, and

other such disabilities; ‘‘(F) Native Hawaiians continue to be underrepresented

in institutions of higher education and among adults who

have completed 4 or more years of college; ‘‘(G) Native Hawaiians continue to be disproportionately represented in many negative social and physical statistics indicative of special educational needs, as demonstrated by the fact that— ‘‘(i) Native Hawaiian students are more likely to be

retained in grade level and to be excessively absent in

secondary school; ‘‘(ii) Native Hawaiian students have the highest

rates of drug and alcohol use in the State of Hawai‘i;

and ‘‘(iii) Native Hawaiian children continue to be disproportionately victimized by child abuse and neglect;

and

‘‘(H) Native Hawaiians now comprise over 23 percent of

the students served by the State of Hawai‘i Department of

Education, and there are and will continue to be geographically rural, isolated areas with a high Native Hawaiian

population density.

‘‘(17) In the 1998 National Assessment of Educational

Progress, Hawaiian fourth-graders ranked 39th among groups

of students from 39 States in reading. Given that Hawaiian

students rank among the lowest groups of students nationally

in reading, and that Native Hawaiian students rank the lowest

among Hawaiian students in reading, it is imperative that

greater focus be placed on beginning reading and early education and literacy in Hawai‘i.

‘‘(18) The findings described in paragraphs (16) and (17)

are inconsistent with the high rates of literacy and integration

of traditional culture and Western education historically

achieved by Native Hawaiians through a Hawaiian languagebased public school system established in 1840 by Kamehameha

III.

‘‘(19) Following the overthrow of the Kingdom of Hawai‘i in

1893, Hawaiian medium schools were banned. After annexation, throughout the territorial and statehood period of

Hawai‘i, and until 1986, use of the Hawaiian language as an

instructional medium in education in public schools was deVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00524 Fmt 6659 Sfmt 6603 E:\HR\OC\A334HR.219 pfrm07 PsN: A334HR
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clared unlawful. The declaration caused incalculable harm to

a culture that placed a very high value on the power of language, as exemplified in the traditional saying: ‘I ka ‘o ̄lelo no ̄

ke ola; I ka ‘o ̄lelo no ̄ ka make. In the language rests life; In the

language rests death.’.

‘‘(20) Despite the consequences of over 100 years of nonindigenous influence, the Native Hawaiian people are determined to preserve, develop, and transmit to future generations

their ancestral territory and their cultural identity in accordance with their own spiritual and traditional beliefs, customs,

practices, language, and social institutions.

‘‘(21) The State of Hawai‘i, in the constitution and statutes

of the State of Hawai‘i—

‘‘(A) reaffirms and protects the unique right of the Native Hawaiian people to practice and perpetuate their culture and religious customs, beliefs, practices, and language;

‘‘(B) recognizes the traditional language of the Native

Hawaiian people as an official language of the State of

Hawai‘i, which may be used as the language of instruction

for all subjects and grades in the public school system; and

‘‘(C) promotes the study of the Hawaiian culture, language, and history by providing a Hawaiian education program and using community expertise as a suitable and essential means to further the program.

‘‘SEC. 7203. PURPOSES.

‘‘The purposes of this part are to—

‘‘(1) authorize and develop innovative educational programs

to assist Native Hawaiians;

‘‘(2) provide direction and guidance to appropriate Federal,

State, and local agencies to focus resources, including resources

made available under this part, on Native Hawaiian education,

and to provide periodic assessment and data collection;

‘‘(3) supplement and expand programs and authorities in

the area of education to further the purposes of this title; and

‘‘(4) encourage the maximum participation of Native Hawaiians in planning and management of Native Hawaiian education programs.

‘‘SEC. 7204. NATIVE HAWAIIAN EDUCATION COUNCIL AND ISLAND

COUNCILS.

‘‘(a) ESTABLISHMENT OF NATIVE HAWAIIAN EDUCATION COUNCIL.—In order to better effectuate the purposes of this part through

the coordination of educational and related services and programs

available to Native Hawaiians, including those programs receiving

funding under this part, the Secretary is authorized to establish a

Native Hawaiian Education Council (hereafter in this part referred

to as the ‘Education Council’).

‘‘(b) COMPOSITION OF EDUCATION COUNCIL.—The Education

Council shall consist of not more than 21 members, unless otherwise

determined by a majority of the council. ‘‘(c) CONDITIONS AND TERMS.— ‘‘(1) CONDITIONS.—At least 10 members of the Education

Council shall be Native Hawaiian education service providers

and 10 members of the Education Council shall be Native Hawaiians or Native Hawaiian education consumers. In addition,

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a representative of the State of Hawai‘i Office of Hawaiian Affairs shall serve as a member of the Education Council. ‘‘(2) APPOINTMENTS.—The members of the Education Council shall be appointed by the Secretary based on recommendations received from the Native Hawaiian community. ‘‘(3) TERMS.—Members of the Education Council shall serve

for staggered terms of 3 years, except as provided in paragraph

(4). ‘‘(4) COUNCIL DETERMINATIONS.—Additional conditions and

terms relating to membership on the Education Council, including term lengths and term renewals, shall be determined by a

majority of the Education Council.

‘‘(d) NATIVE HAWAIIAN EDUCATION COUNCIL GRANT.—The Secretary shall make a direct grant to the Education Council to carry

out the following activities: ‘‘(1) Coordinate the educational and related services and

programs available to Native Hawaiians, including the programs assisted under this part. ‘‘(2) Assess the extent to which such services and programs

meet the needs of Native Hawaiians, and collect data on the

status of Native Hawaiian education. ‘‘(3) Provide direction and guidance, through the issuance

of reports and recommendations, to appropriate Federal, State,

and local agencies in order to focus and improve the use of resources, including resources made available under this part, relating to Native Hawaiian education, and serve, where appropriate, in an advisory capacity. ‘‘(4) Make direct grants, if such grants enable the Education Council to carry out the duties of the Education Council,

as described in paragraphs (1) through (3).

‘‘(e) ADDITIONAL DUTIES OF THE EDUCATION COUNCIL.— ‘‘(1) IN GENERAL.—The Education Council shall provide

copies of any reports and recommendations issued by the Education Council, including any information that the Education

Council provides to the Secretary pursuant to subsection (i), to

the Secretary, the Committee on Education and the Workforce

of the House of Representatives, and the Committee on Indian

Affairs of the Senate. ‘‘(2) ANNUAL REPORT.—The Education Council shall prepare and submit to the Secretary an annual report on the Education Council’s activities. ‘‘(3) ISLAND COUNCIL SUPPORT AND ASSISTANCE.—The Education Council shall provide such administrative support and

financial assistance to the island councils established pursuant

to subsection (f) as the Secretary determines to be appropriate,

in a manner that supports the distinct needs of each island

council.

‘‘(f) ESTABLISHMENT OF ISLAND COUNCILS.—

‘‘(1) IN GENERAL.—In order to better effectuate the purposes

of this part and to ensure the adequate representation of island

and community interests within the Education Council, the Secretary is authorized to facilitate the establishment of Native Hawaiian education island councils (hereafter in this part referred

to as an ‘island council’) for the following islands: ‘‘(A) Hawai‘i.

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‘‘(B) Maui.

‘‘(C) Moloka‘i. ‘‘(D) Lana‘i. ‘‘(E) O‘ahu. ‘‘(F) Kaua‘i. ‘‘(G) Ni‘ihau. ‘‘(2) COMPOSITION OF ISLAND COUNCILS.—Each island council shall consist of parents, students, and other community

members who have an interest in the education of Native Hawaiians, and shall be representative of individuals concerned

with the educational needs of all age groups, from children in

preschool through adults. At least 3⁄4 of the members of each island council shall be Native Hawaiians.

‘‘(g) ADMINISTRATIVE PROVISIONS RELATING TO EDUCATION

COUNCIL AND ISLAND COUNCILS.—The Education Council and each

island council shall meet at the call of the chairperson of the appropriate council, or upon the request of the majority of the members

of the appropriate council, but in any event not less often than 4

times during each calendar year. The provisions of the Federal Advisory Committee Act shall not apply to the Education Council and

each island council. ‘‘(h) COMPENSATION.—Members of the Education Council and

each island council shall not receive any compensation for service

on the Education Council and each island council, respectively. ‘‘(i) REPORT.—Not later than 4 years after the date of enactment

of the No Child Left Behind Act of 2001, the Secretary shall prepare

and submit to the Committee on Education and the Workforce of the

House of Representatives and the Committee on Indian Affairs of

the Senate a report that summarizes the annual reports of the Education Council, describes the allocation and use of funds under this

part, and contains recommendations for changes in Federal, State,

and local policy to advance the purposes of this part.

‘‘SEC. 7205. PROGRAM AUTHORIZED.

‘‘(a) GENERAL AUTHORITY.— ‘‘(1) GRANTS AND CONTRACTS.—The Secretary is authorized

to make direct grants to, or enter into contracts with— ‘‘(A) Native Hawaiian educational organizations;

‘‘(B) Native Hawaiian community-based organizations;

‘‘(C) public and private nonprofit organizations, agencies, and institutions with experience in developing or operating Native Hawaiian programs or programs of instruction in the Native Hawaiian language; and

‘‘(D) consortia of the organizations, agencies, and institutions described in subparagraphs (A) through (C),

to carry out programs that meet the purposes of this part.

‘‘(2) PRIORITIES.—In awarding grants or contracts to carry

out activities described in paragraph (3), the Secretary shall

give priority to entities proposing projects that are designed to

address—

‘‘(A) beginning reading and literacy among students in

kindergarten through third grade;

‘‘(B) the needs of at-risk children and youth;

‘‘(C) needs in fields or disciplines in which Native Hawaiians are underemployed; and

‘‘(D) the use of the Hawaiian language in instruction.

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‘‘(3) AUTHORIZED ACTIVITIES.—Activities provided through

programs carried out under this part may include— ‘‘(A) the development and maintenance of a statewide

Native Hawaiian early education and care system to provide a continuum of services for Native Hawaiian children

from the prenatal period of the children through age 5; ‘‘(B) the operation of family-based education centers

that provide such services as— ‘‘(i) programs for Native Hawaiian parents and

their infants from the prenatal period of the infants

through age 3; ‘‘(ii) preschool programs for Native Hawaiians;

and ‘‘(iii) research on, and development and assessment

of, family-based, early childhood, and preschool programs for Native Hawaiians;

‘‘(C) activities that enhance beginning reading and literacy in either the Hawaiian or the English language

among Native Hawaiian students in kindergarten through

third grade and assistance in addressing the distinct features of combined English and Hawaiian literacy for Hawaiian speakers in fifth and sixth grade; ‘‘(D) activities to meet the special needs of Native Hawaiian students with disabilities, including— ‘‘(i) the identification of such students and their

needs; ‘‘(ii) the provision of support services to the families of those students; and ‘‘(iii) other activities consistent with the requirements of the Individuals with Disabilities Education

Act;

‘‘(E) activities that address the special needs of Native

Hawaiian students who are gifted and talented,

including—

‘‘(i) educational, psychological, and developmental

activities designed to assist in the educational progress

of those students; and

‘‘(ii) activities that involve the parents of those students in a manner designed to assist in the students’

educational progress;

‘‘(F) the development of academic and vocational curricula to address the needs of Native Hawaiian children

and adults, including curriculum materials in the Hawaiian language and mathematics and science curricula that

incorporate Native Hawaiian tradition and culture;

‘‘(G) professional development activities for educators,

including—

‘‘(i) the development of programs to prepare prospective teachers to address the unique needs of Native

Hawaiian students within the context of Native Hawaiian culture, language, and traditions;

‘‘(ii) in-service programs to improve the ability of

teachers who teach in schools with concentrations of

Native Hawaiian students to meet those students’

unique needs; and

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‘‘(iii) the recruitment and preparation of Native

Hawaiians, and other individuals who live in communities with a high concentration of Native Hawaiians,

to become teachers;

‘‘(H) the operation of community-based learning centers

that address the needs of Native Hawaiian families and

communities through the coordination of public and private

programs and services, including—

‘‘(i) preschool programs;

‘‘(ii) after-school programs;

‘‘(iii) vocational and adult education programs;

and

‘‘(iv) programs that recognize and support the

unique cultural and educational needs of Native Hawaiian children, and incorporate appropriately qualified Native Hawaiian elders and seniors;

‘‘(I) activities, including program co-location, to enable

Native Hawaiians to enter and complete programs of postsecondary education, including—

‘‘(i) provision of full or partial scholarships for undergraduate or graduate study that are awarded to

students based on their academic promise and financial need, with a priority, at the graduate level, given

to students entering professions in which Native Hawaiians are underrepresented;

‘‘(ii) family literacy services;

‘‘(iii) counseling and support services for students

receiving scholarship assistance;

‘‘(iv) counseling and guidance for Native Hawaiian

secondary students who have the potential to receive

scholarships; and

‘‘(v) faculty development activities designed to promote the matriculation of Native Hawaiian students;

‘‘(J) research and data collection activities to determine

the educational status and needs of Native Hawaiian children and adults;

‘‘(K) other research and evaluation activities related to

programs carried out under this part; and

‘‘(L) other activities, consistent with the purposes of this

part, to meet the educational needs of Native Hawaiian

children and adults.

‘‘(4) SPECIAL RULE AND CONDITIONS.—

‘‘(A) INSTITUTIONS OUTSIDE HAWAII.—The Secretary

shall not establish a policy under this section that prevents

a Native Hawaiian student enrolled at a 2- or 4-year degree

granting institution of higher education outside of the State

of Hawai‘i from receiving a scholarship pursuant to paragraph (3)(I).

‘‘(B) SCHOLARSHIP CONDITIONS.—The Secretary shall

establish conditions for receipt of a scholarship awarded

under paragraph (3)(I). The conditions shall require that

an individual seeking such a scholarship enter into a contract to provide professional services, either during the

scholarship period or upon completion of a program of

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postsecondary education, to the Native Hawaiian community.

‘‘(b) ADMINISTRATIVE COSTS.—Not more than 5 percent of funds

provided to a recipient of a grant or contract under subsection (a)

for any fiscal year may be used for administrative purposes.

‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—

‘‘(1) IN GENERAL.—There are authorized to be appropriated

to carry out this section and section 7204 such sums as may be

necessary for fiscal year 2002 and each of the 5 succeeding fiscal years.

‘‘(2) RESERVATION.—Of the funds appropriated under this

subsection, the Secretary shall reserve $500,000 for fiscal year

2002 and each of the 5 succeeding fiscal years to make a direct

grant to the Education Council to carry out section 7204.

‘‘(3) AVAILABILITY.—Funds appropriated under this subsection shall remain available until expended.

‘‘SEC. 7206. ADMINISTRATIVE PROVISIONS.

‘‘(a) APPLICATION REQUIRED.—No grant may be made under

this part, and no contract may be entered into under this part, unless the entity seeking the grant or contract submits an application

to the Secretary at such time, in such manner, and containing such

information as the Secretary may determine to be necessary to carry

out the provisions of this part.

‘‘(b) SPECIAL RULE.—Each applicant for a grant or contract

under this part shall submit the application for comment to the

local educational agency serving students who will participate in

the program to be carried out under the grant or contract, and include those comments, if any, with the application to the Secretary.

‘‘SEC. 7207. DEFINITIONS.

‘‘In this part:

‘‘(1) NATIVE HAWAIIAN.—The term ‘Native Hawaiian’ means

any individual who is—

‘‘(A) a citizen of the United States; and

‘‘(B) a descendant of the aboriginal people who, prior

to 1778, occupied and exercised sovereignty in the area that

now comprises the State of Hawai‘i, as evidenced by—

‘‘(i) genealogical records;

‘‘(ii) Kupuna (elders) or Kama‘aina (long-term community residents) verification; or

‘‘(iii) certified birth records.

‘‘(2) NATIVE HAWAIIAN COMMUNITY-BASED ORGANIZATION.—

The term ‘Native Hawaiian community-based organization’

means any organization that is composed primarily of Native

Hawaiians from a specific community and that assists in the

social, cultural, and educational development of Native Hawaiians in that community.

‘‘(3) NATIVE HAWAIIAN EDUCATIONAL ORGANIZATION.—The

term ‘Native Hawaiian educational organization’ means a private nonprofit organization that—

‘‘(A) serves the interests of Native Hawaiians;

‘‘(B) has Native Hawaiians in substantive and policymaking positions within the organization;

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‘‘(C) incorporates Native Hawaiian perspective, values,

language, culture, and traditions into the core function of

the organization;

‘‘(D) has demonstrated expertise in the education of Native Hawaiian youth; and

‘‘(E) has demonstrated expertise in research and program development.

‘‘(4) NATIVE HAWAIIAN LANGUAGE.—The term ‘Native Hawaiian language’ means the single Native American language

indigenous to the original inhabitants of the State of Hawai‘i.

‘‘(5) NATIVE HAWAIIAN ORGANIZATION.—The term ‘Native

Hawaiian organization’ means a private nonprofit organization

that—

‘‘(A) serves the interests of Native Hawaiians;

‘‘(B) has Native Hawaiians in substantive and policymaking positions within the organizations; and

‘‘(C) is recognized by the Governor of Hawai‘i for the

purpose of planning, conducting, or administering programs (or portions of programs) for the benefit of Native

Hawaiians.

‘‘(6) OFFICE OF HAWAIIAN AFFAIRS.—The term ‘Office of Hawaiian Affairs’ means the Office of Hawaiian Affairs established by the Constitution of the State of Hawaii.

‘‘PART C—ALASKA NATIVE EDUCATION

‘‘SEC. 7301. SHORT TITLE.

‘‘This part may be cited as the ‘Alaska Native Educational Equity, Support, and Assistance Act’.

‘‘SEC. 7302. FINDINGS.

‘‘Congress finds and declares the following:

‘‘(1) The attainment of educational success is critical to the

betterment of the conditions, long-term well-being, and preservation of the culture of Alaska Natives.

‘‘(2) It is the policy of the Federal Government to encourage

the maximum participation by Alaska Natives in the planning

and the management of Alaska Native education programs.

‘‘(3) Alaska Native children enter and exit school with serious educational handicaps.

‘‘(4) The educational achievement of Alaska Native children

is far below national norms. Native performance on standardized tests is low, Native student dropout rates are high, and

Natives are significantly underrepresented among holders of

baccalaureate degrees in the State of Alaska. As a result, Native

students are being denied their opportunity to become full participants in society by grade school and high school educations

that are condemning an entire generation to an underclass status and a life of limited choices.

‘‘(5) The programs authorized in this part, combined with

expanded Head Start, infant learning, and early childhood education programs, and parent education programs, are essential

if educational handicaps are to be overcome.

‘‘(6) The sheer magnitude of the geographic barriers to be

overcome in delivering educational services in rural Alaska and

Alaska villages should be addressed through the development

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and implementation of innovative, model programs in a variety

of areas.

‘‘(7) Native children should be afforded the opportunity to

begin their formal education on a par with their non-Native

peers. The Federal Government should lend support to efforts

developed by and undertaken within the Alaska Native community to improve educational opportunity for all students.

‘‘SEC. 7303. PURPOSES.

‘‘The purposes of this part are as follows:

‘‘(1) To recognize the unique educational needs of Alaska

Natives.

‘‘(2) To authorize the development of supplemental educational programs to benefit Alaska Natives.

‘‘(3) To supplement existing programs and authorities in

the area of education to further the purposes of this part.

‘‘(4) To provide direction and guidance to appropriate Federal, State and local agencies to focus resources, including resources made available under this part, on meeting the educational needs of Alaska Natives.

‘‘SEC. 7304. PROGRAM AUTHORIZED.

‘‘(a) GENERAL AUTHORITY.—

‘‘(1) GRANTS AND CONTRACTS.—The Secretary is authorized

to make grants to, or enter into contracts with, Alaska Native

organizations, educational entities with experience in developing or operating Alaska Native programs or programs of instruction conducted in Alaska Native languages, cultural and

community-based organizations with experience in developing

or operating programs to benefit Alaska Natives, and consortia

of organizations and entities described in this paragraph to

carry out programs that meet the purposes of this part.

‘‘(2) PERMISSIBLE ACTIVITIES.—Activities provided through

programs carried out under this part may include the following:

‘‘(A) The development and implementation of plans,

methods, and strategies to improve the education of Alaska

Natives.

‘‘(B) The development of curricula and educational programs that address the educational needs of Alaska Native

students, including the following:

‘‘(i) Curriculum materials that reflect the cultural

diversity or the contributions of Alaska Natives.

‘‘(ii) Instructional programs that make use of Native Alaskan languages.

‘‘(iii) Networks that introduce successful programs,

materials, and techniques to urban and rural schools.

‘‘(C) Professional development activities for educators,

including the following:

‘‘(i) Programs to prepare teachers to address the

cultural diversity and unique needs of Alaska Native

students.

‘‘(ii) In-service programs to improve the ability of

teachers to meet the unique needs of Alaska Native students.

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‘‘(iii) Recruitment and preparation of teachers who

are Alaska Native, reside in communities with high

concentrations of Alaska Native students, or are likely

to succeed as teachers in isolated, rural communities

and engage in cross-cultural instruction in Alaska.

‘‘(D) The development and operation of home instruction programs for Alaska Native preschool children, to ensure the active involvement of parents in their children’s

education from the earliest ages.

‘‘(E) Family literacy services.

‘‘(F) The development and operation of student enrichment programs in science and mathematics that—

‘‘(i) are designed to prepare Alaska Native students

from rural areas, who are preparing to enter secondary

school, to excel in science and math;

‘‘(ii) provide appropriate support services to the

families of such students that are needed to enable

such students to benefit from the programs; and

‘‘(iii) may include activities that recognize and support the unique cultural and educational needs of Alaska Native children, and incorporate appropriately

qualified Alaska Native elders and seniors.

‘‘(G) Research and data collection activities to determine the educational status and needs of Alaska Native

children and adults.

‘‘(H) Other research and evaluation activities related to

programs carried out under this part.

‘‘(I) Remedial and enrichment programs to assist Alaska Native students in performing at a high level on standardized tests.

‘‘(J) Education and training of Alaska Native students

enrolled in a degree program that will lead to certification

or licensing as teachers.

‘‘(K) Parenting education for parents and caregivers of

Alaska Native children to improve parenting and

caregiving skills (including skills relating to discipline and

cognitive development), including parenting education provided through in-home visitation of new mothers.

‘‘(L) Cultural education programs operated by the Alaska Native Heritage Center and designed to share the Alaska Native culture with students.

‘‘(M) A cultural exchange program operated by the

Alaska Humanities Forum and designed to share Alaska

Native culture with urban students in a rural setting,

which shall be known as the Rose Cultural Exchange Program.

‘‘(N) Activities carried out through Even Start programs carried out under subpart 3 of part B of title I and

Head Start programs carried out under the Head Start Act,

including the training of teachers for programs described

in this subparagraph.

‘‘(O) Other early learning and preschool programs.

‘‘(P) Dropout prevention programs such as the Cook

Inlet Tribal Council’s Partners for Success program.

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‘‘(Q) An Alaska Initiative for Community Engagement

program. ‘‘(R) Career preparation activities to enable Alaska Native children and adults to prepare for meaningful employment, including programs providing tech-prep, mentoring,

training, and apprenticeship activities. ‘‘(S) Provision of operational support and purchasing of

equipment, to develop regional vocational schools in rural

areas of Alaska, including boarding schools, for Alaska Native students in grades 9 through 12, or at higher levels of

education, to provide the students with necessary resources

to prepare for skilled employment opportunities. ‘‘(T) Other activities, consistent with the purposes of

this part, to meet the educational needs of Alaska Native

children and adults.

‘‘(3) HOME INSTRUCTION PROGRAMS.—Home instruction programs for Alaska Native preschool children carried out under

paragraph (2)(D) may include the following: ‘‘(A) Programs for parents and their infants, from the

prenatal period of the infant through age 3. ‘‘(B) Preschool programs.

‘‘(C) Training, education, and support for parents in

such areas as reading readiness, observation, story telling,

and critical thinking. ‘‘(b) LIMITATION ON ADMINISTRATIVE COSTS.—Not more than 5

percent of funds provided to a grantee under this section for any fiscal year may be used for administrative purposes. ‘‘(c) PRIORITIES.—In awarding grants or contracts to carry out

activities described in subsection (a)(2), except for activities listed in

subsection (d)(2), the Secretary shall give priority to applications

from Alaska Native regional nonprofit organizations, or consortia

that include at least 1 Alaska Native regional nonprofit organization.‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) IN GENERAL.—There are authorized to be appropriated

to carry out this section such sums as may be necessary for fiscal year 2002 and each of the 5 succeeding fiscal years. ‘‘(2) AVAILABILITY OF FUNDS.—Of the funds appropriated

and made available under this section for a fiscal year, the Secretary shall make available— ‘‘(A) not less than $1,000,000 to support activities described in subsection (a)(2)(K);

‘‘(B) not less than $1,000,000 to support activities described in subsection (a)(2)(L);

‘‘(C) not less than $1,000,000 to support activities described in subsection (a)(2)(M);

‘‘(D) not less than $2,000,000 to support activities described in subsection (a)(2)(P); and

‘‘(E) not less than $2,000,000 to support activities described in subsection (a)(2)(Q).

‘‘SEC. 7305. ADMINISTRATIVE PROVISIONS.

‘‘(a) APPLICATION REQUIRED.—No grant may be made under

this part, and no contract may be entered into under this part, unless the entity seeking the grant or contract submits an application

to the Secretary in such form, in such manner, and containing such

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information as the Secretary may determine necessary to carry out

the provisions of this part.

‘‘(b) APPLICATIONS.—A State educational agency or local educational agency may apply for an award under this part only as

part of a consortium involving an Alaska Native organization. The

consortium may include other eligible applicants.

‘‘(c) CONSULTATION REQUIRED.—Each applicant for an award

under this part shall provide for ongoing advice from and consultation with representatives of the Alaska Native community.

‘‘(d) LOCAL EDUCATIONAL AGENCY COORDINATION.—Each applicant for an award under this part shall inform each local educational agency serving students who would participate in the program to be carried out under the grant or contract about the application.

‘‘SEC. 7306. DEFINITIONS.

‘‘In this part:

‘‘(1) ALASKA NATIVE.—The term ‘Alaska Native’ has the

same meaning as the term ‘Native’ has in section 3(b) of the

Alaska Native Claims Settlement Act.

‘‘(2) ALASKA NATIVE ORGANIZATION.—The term ‘Alaska Native organization’ means a federally recognized tribe, consortium of tribes, regional nonprofit Native association, and another organization that—

‘‘(A) has or commits to acquire expertise in the education of Alaska Natives; and

‘‘(B) has Alaska Natives in substantive and policymaking positions within the organization.’’.

SEC. 702. CONFORMING AMENDMENTS.

(a) HIGHER EDUCATION ACT OF 1965.—Section 317(b) of the

Higher Education Act of 1965 (20 U.S.C. 1059d(b)) is amended—

(1) in paragraph (1), by striking ‘‘section 9308’’ and inserting ‘‘section 7306’’; and

(2) in paragraph (3), by striking ‘‘section 9212’’ and inserting ‘‘section 7207’’.

(b) PUBLIC LAW 88–210.—Section 116 of Public Law 88–210 (as

added by section 1 of Public Law 105–332 (112 Stat. 3076)) is

amended by striking ‘‘section 9212 of the Native Hawaiian Education Act (20 U.S.C. 7912)’’ and inserting ‘‘section 7207 of the Native Hawaiian Education Act’’.

(c) CARL D. PERKINS VOCATIONAL AND TECHNICAL EDUCATION

ACT OF 1998.—Section 116(a)(5) of the Carl D. Perkins Vocational

and Technical Education Act of 1998 (20 U.S.C. 2326(a)(5)) is

amended by striking ‘‘section 9212’’ and all that follows and inserting ‘‘section 7207 of the Native Hawaiian Education Act’’.

(d) MUSEUM AND LIBRARY SERVICES ACT.—Section 261 of the

Museum and Library Services Act (20 U.S.C. 9161) is amended by

striking ‘‘section 9212 of the Native Hawaiian Education Act (20

U.S.C. 7912)’’ and inserting ‘‘section 7207 of the Native Hawaiian

Education Act’’.

(e) ACT OF APRIL 16, 1934.—Section 5 of the Act of April 16,

1934 (commonly known as the ‘‘Johnson-O’Malley Act’’) (88 Stat.

2213; 25 U.S.C. 456) is amended by striking ‘‘section 9104(c)(4)’’

and inserting ‘‘section 7114(c)(4)’’.

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(f) NATIVE AMERICAN LANGUAGES ACT.—Section 103 of the Native American Languages Act (25 U.S.C. 2902) is amended—

(1) in paragraph (2), by striking ‘‘section 9161(4) of the Elementary and Secondary Education Act of 1965 (20 U.S.C.

7881(4))’’ and inserting ‘‘section 7151(3) of the Elementary and

Secondary Education Act of 1965’’; and

(2) in paragraph (3), by striking ‘‘section 9212(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C.

7912(1))’’ and inserting ‘‘section 7207 of the Elementary and

Secondary Education Act of 1965’’.

(g) WORKFORCE INVESTMENT ACT OF 1998.—Section 166(b)(3) of

the Workforce Investment Act of 1998 (29 U.S.C. 2911(b)(3)) is

amended by striking ‘‘paragraphs (1) and (3), respectively, of section

9212 of the Native Hawaiian Education Act (20 U.S.C. 7912)’’ and

inserting ‘‘section 7207 of the Native Hawaiian Education Act’’.

(h) ASSETS FOR INDEPENDENCE ACT.—Section 404(11) of the Assets for Independence Act (42 U.S.C. 604 note) is amended by striking ‘‘section 9212 of the Native Hawaiian Education Act (20 U.S.C.

7912)’’ and inserting ‘‘section 7207 of the Native Hawaiian Education Act’’.

SEC. 703. SAVINGS PROVISIONS.

Funds appropriated for parts A, B, and C of title IX of the Elementary and Secondary Education Act of 1965 (as in effect on the

day before the date of enactment of this Act) shall be available for

use under parts A, B, and C, respectively, of title VII of such Act,

as added by this section.

TITLE VIII—IMPACT AID PROGRAM

SEC. 801. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL

PROPERTY.

(a) FOUNDATION PAYMENTS FOR PRE-1995 RECIPIENTS.—Section 8002(h)(1) (20 U.S.C. 7702(h)(1)) is amended—

(1) in subparagraph (A), by striking ‘‘and was eligible to receive a payment under section 2 of the Act of September 30,

1950’’ and inserting ‘‘and that filed, or has been determined

pursuant to statute to have filed a timely application, and met,

or has been determined pursuant to statute to meet, the eligibility requirements of section 2(a)(1)(C) of the Act of September

30, 1950’’; and

(2) in subparagraph (B), by striking ‘‘(or if the local educational agency was not eligible to receive a payment under

such section 2 for fiscal year 1994’’ and inserting ‘‘(or if the

local educational agency did not meet, or has not been determined pursuant to statute to meet, the eligibility requirements

of section 2(a)(1)(C) of the Act of September 30, 1950 for fiscal

year 1994’’.

(b) PAYMENTS FOR 1995 RECIPIENTS.—Section 8002(h)(2) (20

U.S.C. 7702(h)(2)) is amended—

(1) in subparagraph (A), by adding at the end before the period ‘‘, or whose application under this section for fiscal year

1995 was determined pursuant to statute to be timely filed for

purposes of payments for subsequent fiscal years’’; and

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(2) in subparagraph (B)(ii), by striking ‘‘for each local educational agency that received a payment under this section for

fiscal year 1995’’ and inserting ‘‘for each local educational agency described in subparagraph (A)’’. (c) REMAINING FUNDS.—Section 8002(h)(4)(B) (20 U.S.C.

7702(h)(4)(B)) is amended— (1) by striking ‘‘(in the same manner as percentage shares

are determined for local educational agencies under paragraph

(2)(B)(ii))’’ and inserting ‘‘(by dividing the maximum amount

that the agency is eligible to receive under subsection (b) by the

total of the maximum amounts for all such agencies)’’; and

(2) by striking ‘‘, except that for the purpose of calculating

a local educational agency’s assessed value of the Federal property’’ and inserting ‘‘, except that, for the purpose of calculating

a local educational agency’s maximum amount under subsection (b)’’. (d) ADDITIONAL ASSISTANCE FOR CERTAIN LOCAL EDUCATIONAL

AGENCIES IMPACTED BY FEDERAL PROPERTY ACQUISITION.—Section

8002 (20 U.S.C. 7702) is amended by striking subsection (j).

(e) MINIMUM PAYMENT WITH RESPECT TO LOSS OF ELIGIBILITY

OF CERTAIN LOCAL EDUCATIONAL AGENCIES.—Section 8002 (20

U.S.C. 7702) is amended by adding at the end the following:

‘‘(n) LOSS OF ELIGIBILITY.—

‘‘(1) IN GENERAL.—Notwithstanding any other provision of

this section, the Secretary shall make a minimum payment to

a local educational agency described in paragraph (2), for the

first fiscal year that the agency loses eligibility for assistance

under this section as a result of property located within the

school district served by the agency failing to meet the definition of Federal property under section 8013(5)(C)(iii), in an

amount equal to 90 percent of the amount received by the agency under this section for the preceding year.

‘‘(2) LOCAL EDUCATIONAL AGENCY DESCRIBED.—A local educational agency described in this paragraph is an agency that— ‘‘(A) was eligible for, and received, a payment under

this section for fiscal year 2002; and ‘‘(B) beginning in fiscal year 2003 or a subsequent fiscal year, is no longer eligible for payments under this section as provided for in subsection (a)(1)(C) as a result of the

transfer of the Federal property involved to a non-Federal

entity.’’. (f) APPLICATION FOR PAYMENT.—Notwithstanding any other

provision of law, the Secretary shall treat as timely filed an application under section 8002 (20 U.S.C. 7702) from Academy School District 20, Colorado, for a payment for fiscal year 1999, and shall

process that application from funds appropriated for that section for

fiscal year 2001.

SEC. 802. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN.

(a) ELIGIBILITY FOR CERTAIN HEAVILY IMPACTED LOCAL EDUCATIONAL AGENCIES.—

(1) IN GENERAL.—Section 8003(b)(2)(C) (20 U.S.C.

7703(b)(2)(C)) is amended—

(A) in clauses (i) and (ii), by inserting after ‘‘Federal

military installation’’ each place it appears the following:

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‘‘(or if the agency is a qualified local educational agency as

described in clause (iv))’’; and

(B) by adding at the end the following:

‘‘(iv) QUALIFIED LOCAL EDUCATIONAL AGENCY.—A

qualified local educational agency described in this

clause is an agency that meets the following requirements:

‘‘(I) The boundaries of the agency are the same

as island property designated by the Secretary of

the Interior to be property that is held in trust by

the Federal Government.

‘‘(II) The agency has no taxing authority.

‘‘(III) The agency received a payment under

paragraph (1) for fiscal year 2001.’’.

(2) EFFECTIVE DATE.—The Secretary shall consider an application for a payment under section 8003(b)(2) for fiscal year

2002 from a qualified local educational agency described in section 8003(b)(2)(C)(iv), as added by paragraph (1), as meeting

the requirements of section 8003(b)(2)(C)(iii), and shall provide

a payment under section 8003(b)(2) for fiscal year 2002, if the

agency submits to the Secretary an application for payment

under such section not later than 30 days after the date of enactment of this Act.

(b) APPLICATIONS FOR PAYMENT.—

(1) WARNER PUBLIC SCHOOLS, MUSKOGEE COUNTY, OKLAHOMA.—Notwithstanding any other provision of law, the Secretary of Education shall treat as timely filed an application

under section 8003 (20 U.S.C. 7703) from Warner Public

Schools, Muskogee County, Oklahoma, for a payment for fiscal

year 2002, and shall process that application for payment, if

the Secretary has received the fiscal year 2002 application not

later than 30 days after the date of enactment of this Act.

(2) PINE POINT SCHOOL, SCHOOL DISTRICT 25, MINNESOTA.—

Notwithstanding any other provision of law, the Secretary shall

treat as timely filed an application under section 8003 (20

U.S.C. 7703) from Pine Point School, School District 25, Minnesota, for a payment for fiscal year 2000, and shall process

that application for payment, if the Secretary has received the

fiscal year 2000 application not later than 30 days after the

date of enactment of this Act.

SEC. 803. CONSTRUCTION.

Section 8007(b) (20 U.S.C. 7707(b)) is amended to read as follows:

‘‘(b) SCHOOL FACILITY EMERGENCY AND MODERNIZATION

GRANTS AUTHORIZED.—

‘‘(1) IN GENERAL.—From 60 percent of the amount appropriated for each fiscal year under section 8014(e), the

Secretary—

‘‘(A) shall award emergency grants in accordance with

this subsection to eligible local educational agencies to enable the agencies to carry out emergency repairs of school

facilities; and

‘‘(B) shall award modernization grants in accordance

with this subsection to eligible local educational agencies to

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enable the agencies to carry out the modernization of school

facilities.

‘‘(2) PRIORITY.—In approving applications from local educational agencies for emergency grants and modernization

grants under this subsection, the Secretary shall give priority to

applications in accordance with the following:

‘‘(A) The Secretary shall first give priority to applications for emergency grants from local educational agencies

that meet the requirements of paragraph (3)(A) and, among

such applications for emergency grants, shall give priority

to those applications of local educational agencies based on

the severity of the emergency, as determined by the Secretary.

‘‘(B) The Secretary shall next give priority to applications for emergency grants from local educational agencies

that meet the requirements of subparagraph (C) or (D) of

paragraph (3) and, among such applications for emergency

grants, shall give priority to those applications of local educational agencies based on the severity of the emergency, as

determined by the Secretary.

‘‘(C) The Secretary shall next give priority to applications for modernization grants from local educational agencies that meet the requirements of paragraph (3)(B) and,

among such applications for modernization grants, shall

give priority to those applications of local educational agencies based on the severity of the need for modernization, as

determined by the Secretary.

‘‘(D) The Secretary shall next give priority to applications for modernization grants from local educational agencies that meet the requirements of subparagraph (C) or (D)

of paragraph (3) and, among such applications for modernization grants, shall give priority to those applications

of local educational agencies based on the severity of the

need for modernization, as determined by the Secretary.

‘‘(3) ELIGIBILITY REQUIREMENTS.—

‘‘(A) EMERGENCY GRANTS.—A local educational agency

is eligible to receive an emergency grant under paragraph

(2)(A) if—

‘‘(i) the agency (or in the case of a local educational

agency that does not have the authority to tax or issue

bonds, the agency’s fiscal agent)—

‘‘(I) has no practical capacity to issue bonds;

‘‘(II) has minimal capacity to issue bonds and

is at not less than 75 percent of the agency’s limit

of bonded indebtedness; or

‘‘(III) does not meet the requirements of subclauses (I) and (II) but is eligible to receive funds

under section 8003(b)(2) for the fiscal year; and

‘‘(ii) the agency is eligible to receive assistance

under subsection (a) for the fiscal year and has a

school facility emergency, as determined by the Secretary, that poses a health or safety hazard to the students and school personnel assigned to the school facility.

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‘‘(B) MODERNIZATION GRANTS.—A local educational

agency is eligible to receive a modernization grant under

paragraph (2)(C) if— ‘‘(i) the agency is eligible to receive assistance

under this title for the fiscal year; ‘‘(ii) the agency (or in the case of a local educational agency that does not have the authority to tax

or issue bonds, the agency’s fiscal agent) meets the requirements of subclause (I), (II), or (III) of subparagraph (A)(i); and ‘‘(iii) the agency has facility needs resulting from

the presence of the Federal Government, such as the enrollment of federally connected children, the presence of

tax-exempt Federal property, or an increase in enrollment due to the expansion of Federal activities, housing privatization, or the acquisition of Federal property.

‘‘(C) ADDITIONAL ELIGIBILITY FOR EMERGENCY AND

MODERNIZATION GRANTS.—(i) A local educational agency is

eligible to receive an emergency grant or a modernization

grant under subparagraph (B) or (D) of paragraph (2), respectively, if the agency meets the following requirements: ‘‘(I) The agency receives a basic support payment

under section 8003(b) for the fiscal year and the agency

meets at least one of the following requirements: ‘‘(aa) The number of children determined

under section 8003(a)(1)(C) for the agency for the

preceding school year constituted at least 40 percent of the total student enrollment in the schools

of the agency during the preceding school year. ‘‘(bb) The number of children determined

under subparagraphs (B) and (D)(i) of section

8003(a)(1) for the agency for the preceding school

year constituted at least 40 percent of the total student enrollment in the schools of the agency during

the preceding school year.

‘‘(II) The agency (or in the case of a local educational agency that does not have the authority to tax

or issue bonds, the agency’s fiscal agent) is at not less

than 75 percent of the agency’s limit of bonded indebtedness.

‘‘(III) The agency has an assessed value of real

property per student that may be taxed for school purposes that is less than the average of the assessed value

of real property per student that may be taxed for

school purposes in the State in which the local educational agency is located.

‘‘(ii) A local educational agency is also eligible to receive a modernization grant under this subparagraph if the

agency is eligible to receive assistance under section 8002

for the fiscal year and meets the requirements of subclauses

(II) and (III) of clause (i).

‘‘(D) SPECIAL RULE.—

‘‘(i) IN GENERAL.—Any school described in clause

(ii) that desires to receive an emergency grant or a

537

modernization grant under subparagraph (B) or (D) of

paragraph (2), respectively, shall, except as provided in

the following sentence, submit an application in accordance with paragraph (6), and shall otherwise be

treated as a local educational agency for the purpose of

this subsection. The school shall submit an application

for the grant to the local educational agency of such

school and the agency shall submit the application on

behalf of the school to the Secretary. ‘‘(ii) SCHOOL DESCRIBED.—A school described in

this clause is a school that meets the following requirements: ‘‘(I) The school is located within the geographic boundaries of a local educational agency

that does not meet the applicable eligibility requirements under subparagraph (A), (B), or (C) for

a grant under this subsection. ‘‘(II) The school meets at least one of the following requirements: ‘‘(aa) The number of children determined

under section 8003(a)(1)(C) for the school for

the preceding school year constituted at least

40 percent of the total student enrollment in

the school during the preceding school year. ‘‘(bb) The number of children determined

under subparagraphs (B) and (D)(i) of section

8003(a)(1) for the school for the preceding

school year constituted at least 40 percent of

the total student enrollment in the school during the preceding school year.

‘‘(III) The school is located within the geographic boundaries of a local educational agency

that meets the requirements of subclauses (II) and

(III) of subparagraph (C)(i).

‘‘(E) RULE OF CONSTRUCTION.—For purposes of subparagraph (A)(i), a local educational agency— ‘‘(i) has no practical capacity to issue bonds if the

total assessed value of real property that may be taxed

for school purposes is less than $25,000,000; and ‘‘(ii) has minimal capacity to issue bonds if the

total assessed value of real property that may be taxed

for school purposes is at least $25,000,000 but not more

than $50,000,000. ‘‘(4) AWARD CRITERIA.—In awarding emergency grants and

modernization grants under this subsection, the Secretary shall

consider the following factors:

‘‘(A) The ability of the local educational agency to respond to the emergency, or to pay for the modernization

project, as the case may be, as measured by— ‘‘(i) the agency’s level of bonded indebtedness; ‘‘(ii) the assessed value of real property per student

that may be taxed for school purposes compared to the

average of the assessed value of real property per student that may be taxed for school purposes in the State

in which the agency is located;

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‘‘(iii) the agency’s total tax rate for school purposes

(or, if applicable, for capital expenditures) compared to

the average total tax rate for school purposes (or the

average capital expenditure tax rate, if applicable) in

the State in which the agency is located; and

‘‘(iv) funds that are available to the agency, from

any other source, including subsection (a), that may be

used for capital expenditures.

‘‘(B) The percentage of property in the agency that is

nontaxable due to the presence of the Federal Government.

‘‘(C) The number and percentages of children described

in subparagraphs (A), (B), (C), and (D) of section 8003(a)(1)

served in the school facility with the emergency or served

in the school facility proposed for modernization, as the

case may be.

‘‘(D) In the case of an emergency grant, the severity of

the emergency, as measured by the threat that the condition

of the school facility poses to the health, safety, and wellbeing of students.

‘‘(E) In the case of a modernization grant—

‘‘(i) the severity of the need for modernization, as

measured by such factors as—

‘‘(I) overcrowding, as evidenced by the use of

portable classrooms, or the potential for future

overcrowding because of increased enrollment; or

‘‘(II) the agency’s inability to utilize technology

or offer a curriculum in accordance with contemporary State standards due to the physical limitations of the current school facility; and

‘‘(ii) the age of the school facility proposed for modernization.

‘‘(5) OTHER AWARD PROVISIONS.—

‘‘(A) GENERAL PROVISIONS.—

‘‘(i) LIMITATIONS ON AMOUNT OF FUNDS.—

‘‘(I) IN GENERAL.—The amount of funds provided under an emergency grant or a modernization grant awarded under this subsection to a local

educational agency that meets the requirements of

subclause (II) or (III) of paragraph (3)(A)(i) for

purposes of eligibility under subparagraph (A) or

(B) of paragraph (3) or that meets the requirements of clause (i) or (ii) of paragraph (3)(C) for

purposes of eligibility under such paragraph

(3)(C), or to a school that is eligible under paragraph (3)(D)—

‘‘(aa) shall not exceed 50 percent of the

total cost of the project to be assisted under

this subsection; and

‘‘(bb) shall not exceed $4,000,000 during

any 4-year period.

‘‘(II) IN-KIND CONTRIBUTIONS.—A local educational agency may use in-kind contributions to

meet the matching requirement of subclause

(I)(aa).

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‘‘(ii) PROHIBITIONS ON USE OF FUNDS.—A local

educational agency may not use funds provided under

an emergency grant or modernization grant awarded

under this subsection for—

‘‘(I) a project for a school facility for which the

agency does not have full title or other interest;

‘‘(II) stadiums or other school facilities that

are primarily used for athletic contests, exhibitions, or other events for which admission is

charged to the general public; or

‘‘(III) the acquisition of real property.

‘‘(iii) SUPPLEMENT, NOT SUPPLANT.—A local educational agency shall use funds provided under an

emergency grant or modernization grant awarded

under this subsection only to supplement the amount of

funds that would, in the absence of the Federal funds

provided under the grant, be made available from nonFederal sources to carry out emergency repairs of

school facilities or to carry out the modernization of

school facilities, as the case may be, and not to supplant such funds.

‘‘(iv) MAINTENANCE COSTS.—Nothing in this subsection shall be construed to authorize the payment of

maintenance costs in connection with any school facility modernized in whole or in part with Federal funds

provided under this subsection.

‘‘(v) ENVIRONMENTAL SAFEGUARDS.—All projects

carried out with Federal funds provided under this

subsection shall comply with all relevant Federal,

State, and local environmental laws and regulations.

‘‘(vi) CARRY-OVER OF CERTAIN APPLICATIONS.—A

local educational agency that applies for an emergency

grant or a modernization grant under this subsection

for a fiscal year and does not receive the grant for the

fiscal year shall have the application for the grant considered for the following fiscal year, subject to the priority requirements of paragraph (2) and the award criteria requirements of paragraph (4).

‘‘(B) EMERGENCY GRANTS; PROHIBITION ON USE OF

FUNDS.—A local educational agency that is awarded an

emergency grant under this subsection may not use

amounts under the grant for the complete or partial replacement of an existing school facility unless such replacement is less expensive or more cost-effective than correcting

the identified emergency.

‘‘(6) APPLICATION.—A local educational agency that desires

to receive an emergency grant or a modernization grant under

this subsection shall submit an application to the Secretary at

such time, in such manner, and accompanied by such information as the Secretary may require. Each application shall contain the following:

‘‘(A) A description of how the local educational agency

meets the award criteria under paragraph (4), including

the information described in clauses (i) through (iv) of

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paragraph (4)(A) and subparagraphs (B) and (C) of paragraph (4). ‘‘(B) In the case of an application for an emergency

grant— ‘‘(i) a description of the school facility deficiency

that poses a health or safety hazard to the occupants

of the facility and a description of how the deficiency

will be repaired; and ‘‘(ii) a signed statement from an appropriate local

official certifying that a deficiency in the school facility

threatens the health or safety of the occupants of the facility or that prevents the use of all or a portion of the

building.

‘‘(C) In the case of an application for a modernization

grant— ‘‘(i) an explanation of the need for the school facility modernization project; ‘‘(ii) the date on which original construction of the

facility to be modernized was completed; ‘‘(iii) a listing of the school facilities to be modernized, including the number and percentage of children

determined under section 8003(a)(1) in average daily

attendance in each school facility; and

‘‘(iv) a description of the ownership of the property

on which the current school facility is located or on

which the planned school facility will be located.

‘‘(D) A description of the project for which a grant

under this subsection will be used, including a cost estimate for the project.

‘‘(E) A description of the interest in, or authority over,

the school facility involved, such as an ownership interest

or a lease arrangement. ‘‘(F) Such other information and assurances as the Secretary may reasonably require.

‘‘(7) REPORT.— ‘‘(A) IN GENERAL.—Not later than January 1 of each

year, the Secretary shall prepare and submit to the appropriate congressional committees a report that contains a

justification for each grant awarded under this subsection

for the prior fiscal year. ‘‘(B) DEFINITION.—In this paragraph, the term ‘appropriate congressional committees’ means— ‘‘(i) the Committee on Appropriations and the Committee on Education and the Workforce of the House of

Representatives; and ‘‘(ii) the Committee on Appropriations and the

Committee on Health, Education, Labor, and Pensions

of the Senate.’’.

SEC. 804. STATE CONSIDERATION OF PAYMENTS IN PROVIDING STATE

AID.

Section 8009(b)(1) (20 U.S.C. 7709(b)(1)) is amended by inserting after ‘‘section 8003(a)(2)(B)’’ the following: ‘‘and, with respect to

a local educational agency that receives a payment under section

8003(b)(2), the amount in excess of the amount that the agency

would receive if the agency were deemed to be an agency eligible to

541

receive a payment under section 8003(b)(1) and not section

8003(b)(2)’’.

SEC. 805. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—Section 8014 (20 U.S.C. 7714) is amended in

subsections (a), (b), (c), and (f) by striking ‘‘three succeeding fiscal

years’’ each place it appears and inserting ‘‘seven succeeding fiscal

years’’.

(b) CONSTRUCTION.—Section 8014(e) (20 U.S.C. 7714(e)) is

amended by striking ‘‘for each of the three succeeding fiscal years’’

and inserting ‘‘for fiscal year 2001, $150,000,000 for fiscal year

2002, and such sums as may be necessary for each of the five succeeding fiscal years’’.

(c) ADDITIONAL ASSISTANCE FOR CERTAIN LOCAL EDUCATIONAL

AGENCIES IMPACTED BY FEDERAL PROPERTY ACQUISITION.—Section

8014 (20 U.S.C. 7714) is amended by striking subsection (g).

‘‘TITLE IX—GENERAL PROVISIONS

‘‘PART A—DEFINITIONS

‘‘SEC. 9101. DEFINITIONS.

‘‘Except as otherwise provided, in this Act:

‘‘(1) AVERAGE DAILY ATTENDANCE.—

‘‘(A) IN GENERAL.—Except as provided otherwise by

State law or this paragraph, the term ‘average daily attendance’ means—

‘‘(i) the aggregate number of days of attendance of

all students during a school year; divided by

‘‘(ii) the number of days school is in session during

that year.

‘‘(B) CONVERSION.—The Secretary shall permit the conversion of average daily membership (or other similar data)

to average daily attendance for local educational agencies

in States that provide State aid to local educational agencies on the basis of average daily membership (or other

similar data).

‘‘(C) SPECIAL RULE.—If the local educational agency in

which a child resides makes a tuition or other payment for

the free public education of the child in a school located in

another school district, the Secretary shall, for the purpose

of this Act—

‘‘(i) consider the child to be in attendance at a

school of the agency making the payment; and

‘‘(ii) not consider the child to be in attendance at

a school of the agency receiving the payment.

‘‘(D) CHILDREN WITH DISABILITIES.—If a local educational agency makes a tuition payment to a private

school or to a public school of another local educational

agency for a child with a disability, as defined in section

602 of the Individuals with Disabilities Education Act, the

Secretary shall, for the purpose of this Act, consider the

child to be in attendance at a school of the agency making

the payment.

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‘‘(2) AVERAGE PER-PUPIL EXPENDITURE.—The term ‘average

per-pupil expenditure’ means, in the case of a State or of the

United States— ‘‘(A) without regard to the source of funds— ‘‘(i) the aggregate current expenditures, during the

third fiscal year preceding the fiscal year for which the

determination is made (or, if satisfactory data for that

year are not available, during the most recent preceding fiscal year for which satisfactory data are available) of all local educational agencies in the State or,

in the case of the United States, for all States (which,

for the purpose of this paragraph, means the 50 States

and the District of Columbia); plus ‘‘(ii) any direct current expenditures by the State

for the operation of those agencies; divided by

‘‘(B) the aggregate number of children in average daily

attendance to whom those agencies provided free public

education during that preceding year.

‘‘(3) BEGINNING TEACHER.—The term ‘beginning teacher’ means a teacher in a public school who has been teaching less

than a total of 3 complete school years. ‘‘(4) CHILD.—The term ‘child’ means any person within the

age limits for which the State provides free public education. ‘‘(5) CHILD WITH A DISABILITY.—The term ‘child with a disability’ has the same meaning given that term in section 602 of

the Individuals with Disabilities Education Act. ‘‘(6) COMMUNITY-BASED ORGANIZATION.—The term ‘community-based organization’ means a public or private nonprofit organization of demonstrated effectiveness that— ‘‘(A) is representative of a community or significant segments of a community; and ‘‘(B) provides educational or related services to individuals in the community.

‘‘(7) CONSOLIDATED LOCAL APPLICATION.—The term ‘consolidated local application’ means an application submitted by a

local educational agency pursuant to section 9305.

‘‘(8) CONSOLIDATED LOCAL PLAN.—The term ‘consolidated

local plan’ means a plan submitted by a local educational agency pursuant to section 9305. ‘‘(9) CONSOLIDATED STATE APPLICATION.—The term ‘consolidated State application’ means an application submitted by a

State educational agency pursuant to section 9302.

‘‘(10) CONSOLIDATED STATE PLAN.—The term ‘consolidated

State plan’ means a plan submitted by a State educational

agency pursuant to section 9302.

‘‘(11) CORE ACADEMIC SUBJECTS.—The term ‘core academic

subjects’ means English, reading or language arts, mathematics, science, foreign languages, civics and government, economics, arts, history, and geography. ‘‘(12) COUNTY.—The term ‘county’ means one of the divisions of a State used by the Secretary of Commerce in compiling

and reporting data regarding counties. ‘‘(13) COVERED PROGRAM.—The term ‘covered program’

means each of the programs authorized by—

‘‘(A) part A of title I;

543

‘‘(B) subpart 3 of part B of title I;

‘‘(C) part C of title I;

‘‘(D) part D of title I;

‘‘(E) part F of title I;

‘‘(F) part A of title II;

‘‘(G) part D of title II;

‘‘(H) part A of title III;

‘‘(I) part A of title IV;

‘‘(J) part B of title IV;

‘‘(K) part A of title V; and

‘‘(L) subpart 2 of part B of title VI. ‘‘(14) CURRENT EXPENDITURES.—The term ‘current expenditures’ means expenditures for free public education— ‘‘(A) including expenditures for administration, instruction, attendance and health services, pupil transportation

services, operation and maintenance of plant, fixed charges,

and net expenditures to cover deficits for food services and

student body activities; but ‘‘(B) not including expenditures for community services,

capital outlay, and debt service, or any expenditures made

from funds received under title I and part A of title V.

‘‘(15) DEPARTMENT.—The term ‘Department’ means the Department of Education. ‘‘(16) DISTANCE LEARNING.—The term ‘distance learning’ means the transmission of educational or instructional programming to geographically dispersed individuals and groups

via telecommunications. ‘‘(17) EDUCATIONAL SERVICE AGENCY.—The term ‘educational service agency’ means a regional public multiservice

agency authorized by State statute to develop, manage, and provide services or programs to local educational agencies. ‘‘(18) ELEMENTARY SCHOOL.—The term ‘elementary school’

means a nonprofit institutional day or residential school, including a public elementary charter school, that provides elementary education, as determined under State law. ‘‘(19) EXEMPLARY TEACHER.—The term ‘exemplary teacher’ means a teacher who— (A) is a highly qualified teacher such as a master

teacher;

(B) has been teaching for at least 5 years in a public

or private school or institution of higher education;

(C) is recommended to be an exemplary teacher by administrators and other teachers who are knowledgeable

about the individual’s performance;

(D) is currently teaching and based in a public school;

and

(E) assists other teachers in improving instructional

strategies, improves the skills of other teachers, performs

teacher mentoring, develops curricula, and offers other professional development.

‘‘(20) FAMILY LITERACY SERVICES.—The term ‘family literacy services’ means services provided to participants on a voluntary basis that are of sufficient intensity in terms of hours,

and of sufficient duration, to make sustainable changes in a

family, and that integrate all of the following activities:

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‘‘(A) Interactive literacy activities between parents and

their children.

‘‘(B) Training for parents regarding how to be the primary teacher for their children and full partners in the

education of their children.

‘‘(C) Parent literacy training that leads to economic

self-sufficiency.

‘‘(D) An age-appropriate education to prepare children

for success in school and life experiences.

‘‘(21) FREE PUBLIC EDUCATION.—The term ‘free public education’ means education that is provided—

‘‘(A) at public expense, under public supervision and

direction, and without tuition charge; and

‘‘(B) as elementary school or secondary school education as determined under applicable State law, except

that the term does not include any education provided beyond grade 12.

‘‘(22) GIFTED AND TALENTED.—The term ‘gifted and talented’, when used with respect to students, children, or youth,

means students, children, or youth who give evidence of high

achievement capability in areas such as intellectual, creative,

artistic, or leadership capacity, or in specific academic fields,

and who need services or activities not ordinarily provided by

the school in order to fully develop those capabilities.

‘‘(23) HIGHLY QUALIFIED.—The term ‘highly qualified’—

‘‘(A) when used with respect to any public elementary

school or secondary school teacher teaching in a State,

means that—

‘‘(i) the teacher has obtained full State certification

as a teacher (including certification obtained through

alternative routes to certification) or passed the State

teacher licensing examination, and holds a license to

teach in such State, except that when used with respect

to any teacher teaching in a public charter school, the

term means that the teacher meets the requirements set

forth in the State’s public charter school law; and

‘‘(ii) the teacher has not had certification or licensure requirements waived on an emergency, temporary,

or provisional basis;

‘‘(B) when used with respect to—

‘‘(i) an elementary school teacher who is new to the

profession, means that the teacher—

‘‘(I) holds at least a bachelor’s degree; and

‘‘(II) has demonstrated, by passing a rigorous

State test, subject knowledge and teaching skills in

reading, writing, mathematics, and other areas of

the basic elementary school curriculum (which

may consist of passing a State-required certification or licensing test or tests in reading, writing,

mathematics, and other areas of the basic elementary school curriculum); or

‘‘(ii) a middle or secondary school teacher who is

new to the profession, means that the teacher holds at

least a bachelor’s degree and has demonstrated a high

545

level of competency in each of the academic subjects in

which the teacher teaches by—

‘‘(I) passing a rigorous State academic subject

test in each of the academic subjects in which the

teacher teaches (which may consist of a passing

level of performance on a State-required certification or licensing test or tests in each of the academic subjects in which the teacher teaches); or

‘‘(II) successful completion, in each of the academic subjects in which the teacher teaches, of an

academic major, a graduate degree, coursework

equivalent to an undergraduate academic major,

or advanced certification or credentialing; and

‘‘(C) when used with respect to an elementary, middle,

or secondary school teacher who is not new to the profession, means that the teacher holds at least a bachelor’s degree and—

‘‘(i) has met the applicable standard in clause (i)

or (ii) of subparagraph (B), which includes an option

for a test; or

‘‘(ii) demonstrates competence in all the academic

subjects in which the teacher teaches based on a high

objective uniform State standard of evaluation that—

‘‘(I) is set by the State for both grade appropriate academic subject matter knowledge and

teaching skills;

‘‘(II) is aligned with challenging State academic content and student academic achievement

standards and developed in consultation with core

content specialists, teachers, principals, and school

administrators;

‘‘(III) provides objective, coherent information

about the teacher’s attainment of core content

knowledge in the academic subjects in which a

teacher teaches;

‘‘(IV) is applied uniformly to all teachers in the

same academic subject and the same grade level

throughout the State;

‘‘(V) takes into consideration, but not be based

primarily on, the time the teacher has been teaching in the academic subject;

‘‘(VI) is made available to the public upon request; and

‘‘(VII) may involve multiple, objective measures of teacher competency.

‘‘(24) INSTITUTION OF HIGHER EDUCATION.—The term ‘institution of higher education’ has the meaning given that term in

section 101(a) of the Higher Education Act of 1965.

‘‘(25) LIMITED ENGLISH PROFICIENT.—The term ‘limited

English proficient’, when used with respect to an individual,

means an individual—

‘‘(A) who is aged 3 through 21;

‘‘(B) who is enrolled or preparing to enroll in an elementary school or secondary school;

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‘‘(C)(i) who was not born in the United States or whose

native language is a language other than English; ‘‘(ii)(I) who is a Native American or Alaska Native, or

a native resident of the outlying areas; and ‘‘(II) who comes from an environment where a language

other than English has had a significant impact on the individual’s level of English language proficiency; or ‘‘(iii) who is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant;

and ‘‘(D) whose difficulties in speaking, reading, writing, or

understanding the English language may be sufficient to

deny the individual— ‘‘(i) the ability to meet the State’s proficient level of

achievement on State assessments described in section

1111(b)(3); ‘‘(ii) the ability to successfully achieve in classrooms where the language of instruction is English; or ‘‘(iii) the opportunity to participate fully in society. ‘‘(26) LOCAL EDUCATIONAL AGENCY.— ‘‘(A) IN GENERAL.—The term ‘local educational agency’ means a public board of education or other public authority

legally constituted within a State for either administrative

control or direction of, or to perform a service function for,

public elementary schools or secondary schools in a city,

county, township, school district, or other political subdivision of a State, or of or for a combination of school districts

or counties that is recognized in a State as an administrative agency for its public elementary schools or secondary

schools. ‘‘(B) ADMINISTRATIVE CONTROL AND DIRECTION.—The

term includes any other public institution or agency having

administrative control and direction of a public elementary

school or secondary school. ‘‘(C) BIA SCHOOLS.—The term includes an elementary

school or secondary school funded by the Bureau of Indian

Affairs but only to the extent that including the school

makes the school eligible for programs for which specific

eligibility is not provided to the school in another provision

of law and the school does not have a student population

that is smaller than the student population of the local educational agency receiving assistance under this Act with the

smallest student population, except that the school shall not

be subject to the jurisdiction of any State educational agency other than the Bureau of Indian Affairs. ‘‘(D) EDUCATIONAL SERVICE AGENCIES.—The term includes educational service agencies and consortia of those

agencies. ‘‘(E) STATE EDUCATIONAL AGENCY.—The term includes

the State educational agency in a State in which the State

educational agency is the sole educational agency for all

public schools.

‘‘(27) MENTORING.—The term ‘mentoring’, except when used

to refer to teacher mentoring, means a process by which a reVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00550 Fmt 6659 Sfmt 6603 E:\HR\OC\A334HR.229 pfrm07 PsN: A334HR
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sponsible adult, postsecondary student, or secondary school student works with a child to provide a positive role model for the

child, to establish a supportive relationship with the child, and

to provide the child with academic assistance and exposure to

new experiences and examples of opportunity that enhance the

ability of the child to become a responsible adult.

‘‘(28) NATIVE AMERICAN AND NATIVE AMERICAN LANGUAGE.—The terms ‘Native American’ and ‘Native American

language’ have the same meaning given those terms in section

103 of the Native American Languages Act of 1990.

‘‘(29) OTHER STAFF.—The term ‘other staff’ means pupil

services personnel, librarians, career guidance and counseling

personnel, education aides, and other instructional and administrative personnel.

‘‘(30) OUTLYING AREA.—The term ‘outlying area’ means the

United States Virgin Islands, Guam, American Samoa, and the

Commonwealth of the Northern Mariana Islands, and for the

purpose of section 1121(b) and any other discretionary grant

program under this Act, includes the freely associated states of

the Republic of the Marshall Islands, the Federated States of

Micronesia, and the Republic of Palau until an agreement for

the extension of United States education assistance under the

Compact of Free Association for each of the freely associated

states becomes effective after the date of enactment of the No

Child Left Behind Act of 2001.

‘‘(31) PARENT.—The term ‘parent’ includes a legal guardian

or other person standing in loco parentis (such as a grandparent or stepparent with whom the child lives, or a person who

is legally responsible for the child’s welfare).

‘‘(32) PARENTAL INVOLVEMENT.—The term ‘parental involvement’ means the participation of parents in regular, two-way,

and meaningful communication involving student academic

learning and other school activities, including ensuring—

‘‘(A) that parents play an integral role in assisting their

child’s learning;

‘‘(B) that parents are encouraged to be actively involved

in their child’s education at school;

‘‘(C) that parents are full partners in their child’s education and are included, as appropriate, in decisionmaking

and on advisory committees to assist in the education of

their child;

‘‘(D) the carrying out of other activities, such as those

described in section 1118.

‘‘(33) POVERTY LINE.—The term ‘poverty line’ means the

poverty line (as defined by the Office of Management and Budget and revised annually in accordance with section 673(2) of the

Community Services Block Grant Act) applicable to a family of

the size involved.

‘‘(34) PROFESSIONAL DEVELOPMENT.—The term ‘professional

development’—

‘‘(A) includes activities that—

‘‘(i) improve and increase teachers’ knowledge of

the academic subjects the teachers teach, and enable

teachers to become highly qualified;

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‘‘(ii) are an integral part of broad schoolwide and

districtwide educational improvement plans; ‘‘(iii) give teachers, principals, and administrators

the knowledge and skills to provide students with the

opportunity to meet challenging State academic content

standards and student academic achievement standards;‘‘(iv) improve classroom management skills;

‘‘(v)(I) are high quality, sustained, intensive, and

classroom-focused in order to have a positive and lasting impact on classroom instruction and the teacher’s

performance in the classroom; and ‘‘(II) are not 1-day or short-term workshops or conferences; ‘‘(vi) support the recruiting, hiring, and training of

highly qualified teachers, including teachers who became highly qualified through State and local alternative routes to certification; ‘‘(vii) advance teacher understanding of effective

instructional strategies that are— ‘‘(I) based on scientifically based research (except that this subclause shall not apply to activities carried out under part D of title II); and ‘‘(II) strategies for improving student academic

achievement or substantially increasing the knowledge and teaching skills of teachers; and

‘‘(viii) are aligned with and directly related to— ‘‘(I) State academic content standards, student

academic achievement standards, and assessments; and ‘‘(II) the curricula and programs tied to the

standards described in subclause (I) except that

this subclause shall not apply to activities described in clauses (ii) and (iii) of section

2123(3)(B);

‘‘(ix) are developed with extensive participation of

teachers, principals, parents, and administrators of

schools to be served under this Act;

‘‘(x) are designed to give teachers of limited

English proficient children, and other teachers and instructional staff, the knowledge and skills to provide

instruction and appropriate language and academic

support services to those children, including the appropriate use of curricula and assessments;

‘‘(xi) to the extent appropriate, provide training for

teachers and principals in the use of technology so that

technology and technology applications are effectively

used in the classroom to improve teaching and learning in the curricula and core academic subjects in

which the teachers teach;

‘‘(xii) as a whole, are regularly evaluated for their

impact on increased teacher effectiveness and improved

student academic achievement, with the findings of the

evaluations used to improve the quality of professional

development;

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‘‘(xiii) provide instruction in methods of teaching

children with special needs; ‘‘(xiv) include instruction in the use of data and assessments to inform and instruct classroom practice;

and ‘‘(xv) include instruction in ways that teachers,

principals, pupil services personnel, and school administrators may work more effectively with parents; and

‘‘(B) may include activities that— ‘‘(i) involve the forming of partnerships with institutions of higher education to establish school-based

teacher training programs that provide prospective

teachers and beginning teachers with an opportunity to

work under the guidance of experienced teachers and

college faculty; ‘‘(ii) create programs to enable paraprofessionals

(assisting teachers employed by a local educational

agency receiving assistance under part A of title I) to

obtain the education necessary for those paraprofessionals to become certified and licensed teachers; and ‘‘(iii) provide follow-up training to teachers who

have participated in activities described in subparagraph (A) or another clause of this subparagraph that

are designed to ensure that the knowledge and skills

learned by the teachers are implemented in the classroom. ‘‘(35) PUBLIC TELECOMMUNICATIONS ENTITY.—The term ‘public telecommunications entity’ has the meaning given that

term in section 397(12) of the Communications Act of 1934. ‘‘(36) PUPIL SERVICES PERSONNEL; PUPIL SERVICES.— ‘‘(A) PUPIL SERVICES PERSONNEL.—The term ‘pupil

services personnel’ means school counselors, school social

workers, school psychologists, and other qualified professional personnel involved in providing assessment, diagnosis, counseling, educational, therapeutic, and other necessary services (including related services as that term is

defined in section 602 of the Individuals with Disabilities

Education Act) as part of a comprehensive program to meet

student needs.

‘‘(B) PUPIL SERVICES.—The term ‘pupil services’ means

the services provided by pupil services personnel.

‘‘(37) SCIENTIFICALLY BASED RESEARCH.—The term ‘scientifically based research’—

‘‘(A) means research that involves the application of

rigorous, systematic, and objective procedures to obtain reliable and valid knowledge relevant to education activities

and programs; and

‘‘(B) includes research that—

‘‘(i) employs systematic, empirical methods that

draw on observation or experiment; ‘‘(ii) involves rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions drawn; ‘‘(iii) relies on measurements or observational

methods that provide reliable and valid data across

550

evaluators and observers, across multiple measurements and observations, and across studies by the

same or different investigators; ‘‘(iv) is evaluated using experimental or quasi-experimental designs in which individuals, entities, programs, or activities are assigned to different conditions

and with appropriate controls to evaluate the effects of

the condition of interest, with a preference for randomassignment experiments, or other designs to the extent

that those designs contain within-condition or acrosscondition controls; ‘‘(v) ensures that experimental studies are presented in sufficient detail and clarity to allow for replication or, at a minimum, offer the opportunity to

build systematically on their findings; and ‘‘(vi) has been accepted by a peer-reviewed journal

or approved by a panel of independent experts through

a comparably rigorous, objective, and scientific review. ‘‘(38) SECONDARY SCHOOL.—The term ‘secondary school’ means a nonprofit institutional day or residential school, including a public secondary charter school, that provides secondary education, as determined under State law, except that

the term does not include any education beyond grade 12. ‘‘(39) SECRETARY.—The term ‘Secretary’ means the Secretary of Education. ‘‘(40) STATE.—The term ‘State’ means each of the 50 States,

the District of Columbia, the Commonwealth of Puerto Rico,

and each of the outlying areas. ‘‘(41) STATE EDUCATIONAL AGENCY.—The term ‘State educational agency’ means the agency primarily responsible for the

State supervision of public elementary schools and secondary

schools. ‘‘(42) TEACHER MENTORING.—The term ‘teacher mentoring’ means activities that—

‘‘(A) consist of structured guidance and regular and ongoing support for teachers, especially beginning teachers,

that—

‘‘(i) are designed to help the teachers continue to

improve their practice of teaching and to develop their

instructional skills; and

‘‘(ii) as part of an ongoing developmental induction

process—

‘‘(I) involve the assistance of an exemplary

teacher and other appropriate individuals from a

school, local educational agency, or institution of

higher education; and

‘‘(II) may include coaching, classroom observation, team teaching, and reduced teaching loads;

and

‘‘(B) may include the establishment of a partnership by

a local educational agency with an institution of higher

education, another local educational agency, a teacher organization, or another organization.

‘‘(43) TECHNOLOGY.—The term ‘technology’ means state-ofthe-art technology products and services.

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‘‘SEC. 9102. APPLICABILITY OF TITLE.

‘‘Parts B, C, D, and E of this title do not apply to title VIII of

this Act.

‘‘SEC. 9103. APPLICABILITY TO BUREAU OF INDIAN AFFAIRS OPERATED SCHOOLS.

‘‘For the purpose of any competitive program under this Act—

‘‘(1) a consortium of schools operated by the Bureau of Indian Affairs;

‘‘(2) a school operated under a contract or grant with the

Bureau of Indian Affairs in consortium with another contract

or grant school or a tribal or community organization; or

‘‘(3) a Bureau of Indian Affairs school in consortium with

an institution of higher education, a contract or grant school,

or a tribal or community organization,

shall be given the same consideration as a local educational agency.

‘‘PART B—FLEXIBILITY IN THE USE OF ADMINISTRATIVE

AND OTHER FUNDS

‘‘SEC. 9201. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR

ELEMENTARY AND SECONDARY EDUCATION PROGRAMS.

‘‘(a) CONSOLIDATION OF ADMINISTRATIVE FUNDS.—

‘‘(1) IN GENERAL.—A State educational agency may consolidate the amounts specifically made available to it for State administration under one or more of the programs under paragraph (2) if the State educational agency can demonstrate that

the majority of its resources are derived from non-Federal

sources.

‘‘(2) APPLICABILITY.—This section applies to any program

under this Act under which funds are authorized to be used for

administration, and such other programs as the Secretary may

designate.

‘‘(b) USE OF FUNDS.—

‘‘(1) IN GENERAL.—A State educational agency shall use the

amount available under this section for the administration of

the programs included in the consolidation under subsection

(a).

‘‘(2) ADDITIONAL USES.—A State educational agency may

also use funds available under this section for administrative

activities designed to enhance the effective and coordinated use

of funds under programs included in the consolidation under

subsection (a), such as—

‘‘(A) the coordination of those programs with other Federal and non-Federal programs;

‘‘(B) the establishment and operation of peer-review

mechanisms under this Act;

‘‘(C) the administration of this title;

‘‘(D) the dissemination of information regarding model

programs and practices;

‘‘(E) technical assistance under any program under this

Act;

‘‘(F) State-level activities designed to carry out this

title;

‘‘(G) training personnel engaged in audit and other

monitoring activities; and

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‘‘(H) implementation of the Cooperative Audit Resolution and Oversight Initiative of the Department.

‘‘(c) RECORDS.—A State educational agency that consolidates

administrative funds under this section shall not be required to

keep separate records, by individual program, to account for costs

relating to the administration of programs included in the consolidation under subsection (a).

‘‘(d) REVIEW.—To determine the effectiveness of State administration under this section, the Secretary may periodically review the

performance of State educational agencies in using consolidated administrative funds under this section and take such steps as the

Secretary finds appropriate to ensure the effectiveness of that administration.

‘‘(e) UNUSED ADMINISTRATIVE FUNDS.—If a State educational

agency does not use all of the funds available to the agency under

this section for administration, the agency may use those funds during the applicable period of availability as funds available under

one or more programs included in the consolidation under subsection (a).

‘‘(f) CONSOLIDATION OF FUNDS FOR STANDARDS AND ASSESSMENT DEVELOPMENT.—In order to develop challenging State academic standards and assessments, a State educational agency may

consolidate the amounts described in subsection (a) for those purposes under title I.

‘‘SEC. 9202. SINGLE LOCAL EDUCATIONAL AGENCY STATES.

‘‘A State educational agency that also serves as a local educational agency shall, in its applications or plans under this Act,

describe how the agency will eliminate duplication in conducting

administrative functions.

‘‘SEC. 9203. CONSOLIDATION OF FUNDS FOR LOCAL ADMINISTRATION.

‘‘(a) GENERAL AUTHORITY.—In accordance with regulations of

the Secretary and for any fiscal year, a local educational agency,

with the approval of its State educational agency, may consolidate

and use for the administration of one or more programs under this

Act (or such other programs as the Secretary shall designate) not

more than the percentage, established in each program, of the total

available for the local educational agency under those programs.

‘‘(b) STATE PROCEDURES.—Within 1 year after the date of enactment of the No Child Left Behind Act of 2001, a State educational

agency shall, in collaboration with local educational agencies in the

State, establish procedures for responding to requests from local

educational agencies to consolidate administrative funds under subsection (a) and for establishing limitations on the amount of funds

under those programs that may be used for administration on a

consolidated basis.

‘‘(c) CONDITIONS.—A local educational agency that consolidates

administrative funds under this section for any fiscal year shall not

use any other funds under the programs included in the consolidation for administration for that fiscal year. ‘‘(d) USES OF ADMINISTRATIVE FUNDS.—A local educational

agency that consolidates administrative funds under this section

may use the consolidated funds for the administration of the programs and for uses, at the school district and school levels, comparable to those described in section 9201(b)(2).

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‘‘(e) RECORDS.—A local educational agency that consolidates administrative funds under this section shall not be required to keep

separate records, by individual program, to account for costs relating to the administration of the programs included in the consolidation.

‘‘SEC. 9204. CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE INTERIOR FUNDS.

‘‘(a) GENERAL AUTHORITY.—

‘‘(1) TRANSFER.—The Secretary shall transfer to the Department of the Interior, as a consolidated amount for covered programs, the Indian education programs under part A of title VII,

and the education for homeless children and youth program

under subtitle B of title VII of the McKinney-Vento Homeless

Assistance Act, the amounts allotted to the Department of the

Interior under those programs.

‘‘(2) AGREEMENT.—

‘‘(A) IN GENERAL.—The Secretary and the Secretary of

the Interior shall enter into an agreement, consistent with

the requirements of the programs specified in paragraph

(1), for the distribution and use of those program funds

under terms that the Secretary determines best meet the

purposes of those programs.

‘‘(B) CONTENTS.—The agreement shall—

‘‘(i) set forth the plans of the Secretary of the Interior for the use of the amount transferred and the

achievement measures to assess program effectiveness,

including measurable goals and objectives; and

‘‘(ii) be developed in consultation with Indian

tribes.

‘‘(b) ADMINISTRATION.—The Department of the Interior may use

not more than 1.5 percent of the funds consolidated under this section for its costs related to the administration of the funds transferred under this section.

‘‘PART C—COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL PLANS AND APPLICATIONS

‘‘SEC. 9301. PURPOSE.

‘‘The purposes of this part are—

‘‘(1) to improve teaching and learning by encouraging greater cross-program coordination, planning, and service delivery;

‘‘(2) to provide greater flexibility to State and local authorities through consolidated plans, applications, and reporting;

and

‘‘(3) to enhance the integration of programs under this Act

with State and local programs.

‘‘SEC. 9302. OPTIONAL CONSOLIDATED STATE PLANS OR APPLICATIONS.

‘‘(a) GENERAL AUTHORITY.—

‘‘(1) SIMPLIFICATION.—In order to simplify application requirements and reduce the burden for State educational agencies under this Act, the Secretary, in accordance with subsection

(b), shall establish procedures and criteria under which, after

consultation with the Governor, a State educational agency may

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submit a consolidated State plan or a consolidated State application meeting the requirements of this section for—

‘‘(A) each of the covered programs in which the State

participates; and

‘‘(B) such other programs as the Secretary may designate.

‘‘(2) CONSOLIDATED APPLICATIONS AND PLANS.—After consultation with the Governor, a State educational agency that

submits a consolidated State plan or a consolidated State application under this section shall not be required to submit separate State plans or applications under any of the programs to

which the consolidated State plan or consolidated State application under this section applies.

‘‘(b) COLLABORATION.—

‘‘(1) IN GENERAL.—In establishing criteria and procedures

under this section, the Secretary shall collaborate with State

educational agencies and, as appropriate, with other State

agencies, local educational agencies, public and private nonprofit agencies, organizations, and institutions, private schools,

and representatives of parents, students, and teachers.

‘‘(2) CONTENTS.—Through the collaborative process described in paragraph (1), the Secretary shall establish, for each

program under this Act to which this section applies, the descriptions, information, assurances, and other material required

to be included in a consolidated State plan or consolidated

State application.

‘‘(3) NECESSARY MATERIALS.—The Secretary shall require

only descriptions, information, assurances (including assurances of compliance with applicable provisions regarding participation by private school children and teachers), and other

materials that are absolutely necessary for the consideration of

the consolidated State plan or consolidated State application.

‘‘SEC. 9303. CONSOLIDATED REPORTING.

‘‘(a) IN GENERAL.—In order to simplify reporting requirements

and reduce reporting burdens, the Secretary shall establish procedures and criteria under which a State educational agency, in consultation with the Governor of the State, may submit a consolidated

State annual report.

‘‘(b) CONTENTS.—The report shall contain information about the

programs included in the report, including the performance of the

State under those programs, and other matters as the Secretary determines are necessary, such as monitoring activities.

‘‘(c) REPLACEMENT.—The report shall replace separate individual annual reports for the programs included in the consolidated

State annual report.

‘‘SEC. 9304. GENERAL APPLICABILITY OF STATE EDUCATIONAL AGENCY ASSURANCES.

‘‘(a) ASSURANCES.—A State educational agency, in consultation

with the Governor of the State, that submits a consolidated State

plan or consolidated State application under this Act, whether separately or under section 9302, shall have on file with the Secretary

a single set of assurances, applicable to each program for which the

plan or application is submitted, that provides that—

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‘‘(1) each such program will be administered in accordance

with all applicable statutes, regulations, program plans, and

applications; ‘‘(2)(A) the control of funds provided under each such program and title to property acquired with program funds will be

in a public agency, a nonprofit private agency, institution, or

organization, or an Indian tribe, if the law authorizing the program provides for assistance to those entities; and ‘‘(B) the public agency, nonprofit private agency, institution,

or organization, or Indian tribe will administer those funds

and property to the extent required by the authorizing law; ‘‘(3) the State will adopt and use proper methods of administering each such program, including— ‘‘(A) the enforcement of any obligations imposed by law

on agencies, institutions, organizations, and other recipients responsible for carrying out each program; ‘‘(B) the correction of deficiencies in program operations

that are identified through audits, monitoring, or evaluation; and ‘‘(C) the adoption of written procedures for the receipt

and resolution of complaints alleging violations of law in

the administration of the programs;

‘‘(4) the State will cooperate in carrying out any evaluation

of each such program conducted by or for the Secretary or other

Federal officials; ‘‘(5) the State will use such fiscal control and fund accounting procedures as will ensure proper disbursement of, and accounting for, Federal funds paid to the State under each such

program; ‘‘(6) the State will— ‘‘(A) make reports to the Secretary as may be necessary

to enable the Secretary to perform the Secretary’s duties

under each such program; and ‘‘(B) maintain such records, provide such information

to the Secretary, and afford such access to the records as

the Secretary may find necessary to carry out the Secretary’s duties; and ‘‘(7) before the plan or application was submitted to the

Secretary, the State afforded a reasonable opportunity for public comment on the plan or application and considered such

comment.

‘‘(b) GEPA PROVISION.—Section 441 of the General Education

Provisions Act shall not apply to programs under this Act.

‘‘SEC. 9305. CONSOLIDATED LOCAL PLANS OR APPLICATIONS.

‘‘(a) GENERAL AUTHORITY.—

‘‘(1) CONSOLIDATED PLAN.—A local educational agency receiving funds under more than one covered program may submit plans or applications to the State educational agency under

those programs on a consolidated basis.

‘‘(2) AVAILABILITY TO GOVERNOR.—The State educational

agency shall make any consolidated local plans and applications available to the Governor.

‘‘(b) REQUIRED CONSOLIDATED PLANS OR APPLICATIONS.—A

State educational agency that has an approved consolidated State

plan or application under section 9302 may require local eduVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00559 Fmt 6659 Sfmt 6603 E:\HR\OC\A334HR.233 pfrm07 PsN: A334HR
556

cational agencies in the State receiving funds under more than one

program included in the consolidated State plan or consolidated

State application to submit consolidated local plans or applications

under those programs, but may not require those agencies to submit

separate plans.

‘‘(c) COLLABORATION.—A State educational agency, in consultation with the Governor, shall collaborate with local educational

agencies in the State in establishing procedures for the submission

of the consolidated State plans or consolidated State applications

under this section.

‘‘(d) NECESSARY MATERIALS.—The State educational agency

shall require only descriptions, information, assurances, and other

material that are absolutely necessary for the consideration of the

local educational agency plan or application.

‘‘SEC. 9306. OTHER GENERAL ASSURANCES.

‘‘(a) ASSURANCES.—Any applicant, other than a State educational agency that submits a plan or application under this Act,

whether separately or pursuant to section 9305, shall have on file

with the State educational agency a single set of assurances, applicable to each program for which a plan or application is submitted,

that provides that—

‘‘(1) each such program will be administered in accordance

with all applicable statutes, regulations, program plans, and

applications;

‘‘(2)(A) the control of funds provided under each such program and title to property acquired with program funds will be

in a public agency or in a nonprofit private agency, institution,

organization, or Indian tribe, if the law authorizing the program provides for assistance to those entities; and

‘‘(B) the public agency, nonprofit private agency, institution,

or organization, or Indian tribe will administer the funds and

property to the extent required by the authorizing statutes;

‘‘(3) the applicant will adopt and use proper methods of administering each such program, including—

‘‘(A) the enforcement of any obligations imposed by law

on agencies, institutions, organizations, and other recipients responsible for carrying out each program; and

‘‘(B) the correction of deficiencies in program operations

that are identified through audits, monitoring, or evaluation;

‘‘(4) the applicant will cooperate in carrying out any evaluation of each such program conducted by or for the State educational agency, the Secretary, or other Federal officials;

‘‘(5) the applicant will use such fiscal control and fund accounting procedures as will ensure proper disbursement of, and

accounting for, Federal funds paid to the applicant under each

such program;

‘‘(6) the applicant will—

‘‘(A) submit such reports to the State educational agency (which shall make the reports available to the Governor)

and the Secretary as the State educational agency and Secretary may require to enable the State educational agency

and the Secretary to perform their duties under each such

program; and

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‘‘(B) maintain such records, provide such information,

and afford such access to the records as the State educational agency (after consultation with the Governor) or

the Secretary may reasonably require to carry out the State

educational agency’s or the Secretary’s duties; and

‘‘(7) before the application was submitted, the applicant afforded a reasonable opportunity for public comment on the application and considered such comment.

‘‘(b) GEPA PROVISION.—Section 442 of the General Education

Provisions Act shall not apply to programs under this Act.

‘‘PART D—WAIVERS

‘‘SEC. 9401. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS.

‘‘(a) IN GENERAL.—Except as provided in subsection (c), the Secretary may waive any statutory or regulatory requirement of this

Act for a State educational agency, local educational agency, Indian

tribe, or school through a local educational agency, that—

‘‘(1) receives funds under a program authorized by this Act;

and

‘‘(2) requests a waiver under subsection (b).

‘‘(b) REQUEST FOR WAIVER.—

‘‘(1) IN GENERAL.—A State educational agency, local educational agency, or Indian tribe that desires a waiver shall submit a waiver request to the Secretary that—

‘‘(A) identifies the Federal programs affected by the requested waiver;

‘‘(B) describes which Federal statutory or regulatory requirements are to be waived and how the waiving of those

requirements will—

‘‘(i) increase the quality of instruction for students;

and

‘‘(ii) improve the academic achievement of students;

‘‘(C) describes, for each school year, specific, measurable educational goals, in accordance with section 1111(b),

for the State educational agency and for each local educational agency, Indian tribe, or school that would be affected by the waiver and the methods to be used to measure

annually such progress for meeting such goals and outcomes;

‘‘(D) explains how the waiver will assist the State educational agency and each affected local educational agency,

Indian tribe, or school in reaching those goals; and

‘‘(E) describes how schools will continue to provide assistance to the same populations served by programs for

which waivers are requested.

‘‘(2) ADDITIONAL INFORMATION.—Such requests—

‘‘(A) may provide for waivers of requirements applicable to State educational agencies, local educational agencies, Indian tribes, and schools; and

‘‘(B) shall be developed and submitted—

‘‘(i)(I) by local educational agencies (on behalf of

those agencies and schools) to State educational agencies; and

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‘‘(II) by State educational agencies (on behalf of,

and based on the requests of, local educational agencies) to the Secretary; or ‘‘(ii) by Indian tribes (on behalf of schools operated

by the tribes) to the Secretary. ‘‘(3) GENERAL REQUIREMENTS.— ‘‘(A) STATE EDUCATIONAL AGENCIES.—In the case of a

waiver request submitted by a State educational agency

acting on its own behalf, the State educational agency

shall— ‘‘(i) provide all interested local educational agencies in the State with notice and a reasonable opportunity to comment on the request; ‘‘(ii) submit the comments to the Secretary; and

‘‘(iii) provide notice and information to the public

regarding the waiver request in the manner in which

the applying agency customarily provides similar notices and information to the public.

‘‘(B) LOCAL EDUCATIONAL AGENCIES.—In the case of a

waiver request submitted by a local educational agency

that receives funds under this Act— ‘‘(i) the request shall be reviewed by the State educational agency and be accompanied by the comments,

if any, of the State educational agency; and ‘‘(ii) notice and information regarding the waiver

request shall be provided to the public by the agency

requesting the waiver in the manner in which that

agency customarily provides similar notices and information to the public. ‘‘(c) RESTRICTIONS.—The Secretary shall not waive under this

section any statutory or regulatory requirements relating to— ‘‘(1) the allocation or distribution of funds to States, local

educational agencies, or other recipients of funds under this

Act;

‘‘(2) maintenance of effort;

‘‘(3) comparability of services;

‘‘(4) use of Federal funds to supplement, not supplant, nonFederal funds;

‘‘(5) equitable participation of private school students and

teachers;

‘‘(6) parental participation and involvement;

‘‘(7) applicable civil rights requirements;

‘‘(8) the requirement for a charter school under subpart 1

of part B of title V;

‘‘(9) the prohibitions regarding—

‘‘(A) State aid in section 9522;

‘‘(B) use of funds for religious worship or instruction in

section 9505; and

‘‘(C) activities in section 9526; or

‘‘(10) the selection of a school attendance area or school

under subsections (a) and (b) of section 1113, except that the

Secretary may grant a waiver to allow a school attendance area

or school to participate in activities under part A of title I if the

percentage of children from low-income families in the school

attendance area or who attend the school is not more than 10

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percentage points below the lowest percentage of those children

for any school attendance area or school of the local educational

agency that meets the requirements of subsections (a) and (b) of

section 1113.

‘‘(d) DURATION AND EXTENSION OF WAIVER.—

‘‘(1) IN GENERAL.—Except as provided in paragraph (2), a

waiver approved by the Secretary under this section may be for

a period not to exceed 4 years.

‘‘(2) EXTENSION.—The Secretary may extend the period described in paragraph (1) if the Secretary determines that—

‘‘(A) the waiver has been effective in enabling the State

or affected recipient to carry out the activities for which the

waiver was requested and the waiver has contributed to improved student achievement; and

‘(B) the extension is in the public interest.

‘‘(e) REPORTS.—

‘‘(1) LOCAL WAIVER.—A local educational agency that receives a waiver under this section shall, at the end of the second

year for which a waiver is received under this section and each

subsequent year, submit a report to the State educational agency that—

‘‘(A) describes the uses of the waiver by the agency or

by schools;

‘‘(B) describes how schools continued to provide assistance to the same populations served by the programs for

which waivers were granted; and

‘‘(C) evaluates the progress of the agency and of schools

in improving the quality of instruction or the academic

achievement of students.

‘‘(2) STATE WAIVER.—A State educational agency that receives reports required under paragraph (1) shall annually submit a report to the Secretary that is based on those reports and

contains such information as the Secretary may require.

‘‘(3) INDIAN TRIBE WAIVER.—An Indian tribe that receives a

waiver under this section shall annually submit a report to the

Secretary that—

‘‘(A) describes the uses of the waiver by schools operated by the tribe; and

‘‘(B) evaluates the progress of those schools in improving the quality of instruction or the academic achievement

of students.

‘‘(4) REPORT TO CONGRESS.—Beginning in fiscal year 2002

and for each subsequent year, the Secretary shall submit to the

Committee on Education and the Workforce of the House of

Representatives and the Committee on Health, Education,

Labor and Pensions of the Senate a report—

‘‘(A) summarizing the uses of waivers by State educational agencies, local educational agencies, Indian tribes,

and schools; and

‘‘(B) describing whether the waivers—

‘‘(i) increased the quality of instruction to students;

or

‘‘(ii) improved the academic achievement of students.

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‘‘(f) TERMINATION OF WAIVERS.—The Secretary shall terminate

a waiver under this section if the Secretary determines, after notice

and an opportunity for a hearing, that the performance of the State

or other recipient affected by the waiver has been inadequate to justify a continuation of the waiver or if the waiver is no longer necessary to achieve its original purposes.

‘‘(g) PUBLICATION.—A notice of the Secretary’s decision to grant

each waiver under subsection (a) shall be published in the Federal

Register and the Secretary shall provide for the dissemination of the

notice to State educational agencies, interested parties, including

educators, parents, students, advocacy and civil rights organizations, and the public.

‘‘PART E—UNIFORM PROVISIONS

‘‘Subpart 1—Private Schools

‘‘SEC. 9501. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND

TEACHERS.

‘‘(a) PRIVATE SCHOOL PARTICIPATION.—

‘‘(1) IN GENERAL.—Except as otherwise provided in this Act,

to the extent consistent with the number of eligible children in

areas served by a State educational agency, local educational

agency, educational service agency, consortium of those agencies, or another entity receiving financial assistance under a

program specified in subsection (b), who are enrolled in private

elementary schools and secondary schools in areas served by

such agency, consortium, or entity, the agency, consortium, or

entity shall, after timely and meaningful consultation with appropriate private school officials provide to those children and

their teachers or other educational personnel, on an equitable

basis, special educational services or other benefits that address

their needs under the program.

‘‘(2) SECULAR, NEUTRAL, AND NONIDEOLOGICAL SERVICES OR

BENEFITS.—Educational services or other benefits, including

materials and equipment, provided under this section, shall be

secular, neutral, and nonideological.

‘‘(3) SPECIAL RULE.—Educational services and other benefits provided under this section for private school children,

teachers, and other educational personnel shall be equitable in

comparison to services and other benefits for public school children, teachers, and other educational personnel participating in

the program and shall be provided in a timely manner.

‘‘(4) EXPENDITURES.—Expenditures for educational services

and other benefits provided under this section for eligible private school children, their teachers, and other educational personnel serving those children shall be equal, taking into account the number and educational needs of the children to be

served, to the expenditures for participating public school children.

‘‘(5) PROVISION OF SERVICES.—An agency, consortium, or

entity described in subsection (a)(1) of this section may provide

those services directly or through contracts with public and private agencies, organizations, and institutions.

‘‘(b) APPLICABILITY.—

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‘‘(1) IN GENERAL.—This section applies to programs

under— ‘‘(A) subparts 1 and 3 of part B of title I;

‘‘(B) part C of title I;

‘‘(C) part A of title II, to the extent provided in paragraph (3); ‘‘(D) part B of title II;

‘‘(E) part D of title II;

‘‘(F) part A of title III;

‘‘(G) part A of title IV; and

‘‘(H) part B of title IV. ‘‘(2) DEFINITION.—For the purpose of this section, the term ‘eligible children’ means children eligible for services under a

program described in paragraph (1). ‘‘(3) APPLICATION.—(A) Except as provided in subparagraph

(B), this subpart, including subsection (a)(4), applies to funds

awarded to a local educational agency under part A of title II

only to the extent that the local educational agency uses funds

under that part to provide professional development to teachers

and others. ‘‘(B) Subject to subparagraph (A), the share of the local

educational agency’s subgrant under part A of title II that is

used for professional development and subject to a determination of equitable expenditures under subsection (a)(4) shall not

be less than the aggregate share of that agency’s awards that

were used for professional development for fiscal year 2001

under section 2203(1)(B) (as such section was in effect on the

day preceding the date of enactment of the No Child Left Behind Act of 2001) and section 306 of the Department of Education Appropriations Act, 2001.

‘‘(c) CONSULTATION.— ‘‘(1) IN GENERAL.—To ensure timely and meaningful consultation, a State educational agency, local educational agency,

educational service agency, consortium of those agencies, or entity shall consult with appropriate private school officials during the design and development of the programs under this Act,

on issues such as— ‘‘(A) how the children’s needs will be identified; ‘‘(B) what services will be offered;

‘‘(C) how, where, and by whom the services will be provided; ‘‘(D) how the services will be assessed and how the results of the assessment will be used to improve those services;‘‘(E) the size and scope of the equitable services to be

provided to the eligible private school children, teachers,

and other educational personnel and the amount of funds

available for those services; and ‘‘(F) how and when the agency, consortium, or entity

will make decisions about the delivery of services, including

a thorough consideration and analysis of the views of the

private school officials on the provision of contract services

through potential third-party providers.

‘‘(2) DISAGREEMENT.—If the agency, consortium, or entity

disagrees with the views of the private school officials on the

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provision of services through a contract, the agency, consortium,

or entity shall provide to the private school officials a written

explanation of the reasons why the local educational agency has

chosen not to use a contractor.

‘‘(3) TIMING.—The consultation required by paragraph (1)

shall occur before the agency, consortium, or entity makes any

decision that affects the opportunities of eligible private school

children, teachers, and other educational personnel to participate in programs under this Act, and shall continue throughout

the implementation and assessment of activities under this section.

‘‘(4) DISCUSSION REQUIRED.—The consultation required by

paragraph (1) shall include a discussion of service delivery

mechanisms that the agency, consortium, or entity could use to

provide equitable services to eligible private school children,

teachers, administrators, and other staff.

‘‘(d) PUBLIC CONTROL OF FUNDS.—

‘‘(1) IN GENERAL.—The control of funds used to provide

services under this section, and title to materials, equipment,

and property purchased with those funds, shall be in a public

agency for the uses and purposes provided in this Act, and a

public agency shall administer the funds and property.

‘‘(2) PROVISION OF SERVICES.—

‘‘(A) IN GENERAL.—The provision of services under this

section shall be provided—

‘‘(i) by employees of a public agency; or

‘‘(ii) through contract by the public agency with an

individual, association, agency, organization, or other

entity.

‘‘(B) INDEPENDENCE; PUBLIC AGENCY.—In the provision

of those services, the employee, person, association, agency,

organization, or other entity shall be independent of the

private school and of any religious organization, and the

employment or contract shall be under the control and supervision of the public agency.

‘‘(C) COMMINGLING OF FUNDS PROHIBITED.—Funds

used to provide services under this section shall not be commingled with non-Federal funds.

‘‘SEC. 9502. STANDARDS FOR BY-PASS.

‘‘(a) IN GENERAL.—If, by reason of any provision of law, a State

educational agency, local educational agency, educational service

agency, consortium of those agencies, or other entity is prohibited

from providing for the participation in programs of children enrolled in, or teachers or other educational personnel from, private

elementary schools and secondary schools, on an equitable basis, or

if the Secretary determines that the agency, consortium, or entity

has substantially failed or is unwilling to provide for that participation, as required by section 9501, the Secretary shall—

‘‘(1) waive the requirements of that section for the agency,

consortium, or entity; and

‘‘(2) arrange for the provision of equitable services to those

children, teachers, or other educational personnel through arrangements that shall be subject to the requirements of this section and of sections 9501, 9503, and 9504.

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‘‘(b) DETERMINATION.—In making the determination under subsection (a), the Secretary shall consider one or more factors, including the quality, size, scope, and location of the program, and the opportunity of private school children, teachers, and other educational

personnel to participate in the program.

‘‘SEC. 9503. COMPLAINT PROCESS FOR PARTICIPATION OF PRIVATE

SCHOOL CHILDREN.

‘‘(a) PROCEDURES FOR COMPLAINTS.—The Secretary shall develop and implement written procedures for receiving, investigating,

and resolving complaints from parents, teachers, or other individuals and organizations concerning violations of section 9501 by a

State educational agency, local educational agency, educational

service agency, consortium of those agencies, or entity. The individual or organization shall submit the complaint to the State educational agency for a written resolution by the State educational

agency within a reasonable period of time.

‘‘(b) APPEALS TO SECRETARY.—The resolution may be appealed

by an interested party to the Secretary not later than 30 days after

the State educational agency resolves the complaint or fails to resolve the complaint within a reasonable period of time. The appeal

shall be accompanied by a copy of the State educational agency’s

resolution, and a complete statement of the reasons supporting the

appeal. The Secretary shall investigate and resolve the appeal not

later than 120 days after receipt of the appeal.

‘‘SEC. 9504. BY-PASS DETERMINATION PROCESS.

‘‘(a) REVIEW.—

‘‘(1) IN GENERAL.—

‘‘(A) WRITTEN OBJECTIONS.—The Secretary shall not

take any final action under section 9502 until the State

educational agency, local educational agency, educational

service agency, consortium of those agencies, or entity affected by the action has had an opportunity, for not less

than 45 days after receiving written notice thereof, to submit written objections and to appear before the Secretary to

show cause why that action should not be taken.

‘‘(B) PRIOR TO REDUCTION.—Pending final resolution of

any investigation or complaint that could result in a determination under this section, the Secretary may withhold

from the allocation of the affected State educational agency

or local educational agency the amount estimated by the

Secretary to be necessary to pay the cost of those services.

‘‘(2) PETITION FOR REVIEW.—

‘‘(A) PETITION.—If the affected agency, consortium, or

entity is dissatisfied with the Secretary’s final action after

a proceeding under paragraph (1), the agency, consortium,

or entity may, within 60 days after notice of that action, file

with the United States court of appeals for the circuit in

which the State is located a petition for review of that action.‘‘(B) TRANSMISSION.—A copy of the petition shall be

forthwith transmitted by the clerk of the court to the Secretary. ‘‘(C) FILING.—The Secretary, upon receipt of the copy of

the petition, shall file in the court the record of the proVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00567 Fmt 6659 Sfmt 6603 E:\HR\OC\A334HR.236 pfrm07 PsN: A334HR
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ceedings on which the Secretary based the action, as provided in section 2112 of title 28, United States Code.

‘‘(3) FINDINGS OF FACT.—

‘‘(A) IN GENERAL.—The findings of fact by the Secretary, if supported by substantial evidence, shall be conclusive, but the court, for good cause shown, may remand

the case to the Secretary to take further evidence and the

Secretary may then make new or modified findings of fact

and may modify the Secretary’s previous action, and shall

file in the court the record of the further proceedings.

‘‘(B) NEW OR MODIFIED FINDINGS.—Any new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.

‘‘(4) JURISDICTION.—

‘‘(A) IN GENERAL.—Upon the filing of a petition, the

court shall have jurisdiction to affirm the action of the Secretary or to set the action aside, in whole or in part.

‘‘(B) JUDGMENT.—The judgment of the court shall be

subject to review by the Supreme Court of the United States

upon certiorari or certification as provided in section 1254

of title 28, United States Code.

‘‘(b) DETERMINATION.—Any determination by the Secretary

under this section shall continue in effect until the Secretary determines, in consultation with that agency, consortium, or entity and

representatives of the affected private school children, teachers, or

other educational personnel, that there will no longer be any failure

or inability on the part of the agency, consortium, or entity to meet

the applicable requirements of section 9501 or any other provision

of this Act.

‘‘(c) PAYMENT FROM STATE ALLOTMENT.—When the Secretary

arranges for services pursuant to this section, the Secretary shall,

after consultation with the appropriate public and private school officials, pay the cost of those services, including the administrative

costs of arranging for those services, from the appropriate allocation

or allocations under this Act.

‘‘(d) PRIOR DETERMINATION.—Any by-pass determination by the

Secretary under this Act as in effect on the day preceding the date

of enactment of the No Child Left Behind Act of 2001 shall remain

in effect to the extent the Secretary determines that that determination is consistent with the purpose of this section.

‘‘SEC. 9505. PROHIBITION AGAINST FUNDS FOR RELIGIOUS WORSHIP

OR INSTRUCTION.

‘‘Nothing contained in this Act shall be construed to authorize

the making of any payment under this Act for religious worship or

instruction.

‘‘SEC. 9506. PRIVATE, RELIGIOUS, AND HOME SCHOOLS.

‘‘(a) APPLICABILITY TO NONRECIPIENT PRIVATE SCHOOLS.—

Nothing in this Act shall be construed to affect any private school

that does not receive funds or services under this Act, nor shall any

student who attends a private school that does not receive funds or

services under this Act be required to participate in any assessment

referenced in this Act. ‘‘(b) APPLICABILITY TO HOME SCHOOLS.—Nothing in this Act

shall be construed to affect a home school, whether or not a home

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school is treated as a home school or a private school under State

law, nor shall any student schooled at home be required to participate in any assessment referenced in this Act.

‘‘(c) RULE OF CONSTRUCTION ON PROHIBITION OF FEDERAL CONTROL OVER NONPUBLIC SCHOOLS.—Nothing in this Act shall be construed to permit, allow, encourage, or authorize any Federal control

over any aspect of any private, religious, or home school, whether

or not a home school is treated as a private school or home school

under State law. This section shall not be construed to bar private,

religious, or home schools from participation in programs or services under this Act.

‘‘(d) RULE OF CONSTRUCTION ON STATE AND LOCAL EDUCATIONAL AGENCY MANDATES.—Nothing in this Act shall be construed to require any State educational agency or local educational

agency that receives funds under this Act to mandate, direct, or control the curriculum of a private or home school, regardless or whether or not a home school is treated as a private school under state

law, nor shall any funds under this Act be used for this purpose.

‘‘Subpart 2—Other Provisions

‘‘SEC. 9521. MAINTENANCE OF EFFORT.

‘‘(a) IN GENERAL.—A local educational agency may receive

funds under a covered program for any fiscal year only if the State

educational agency finds that either the combined fiscal effort per

student or the aggregate expenditures of the agency and the State

with respect to the provision of free public education by the agency

for the preceding fiscal year was not less than 90 percent of the combined fiscal effort or aggregate expenditures for the second preceding

fiscal year.

‘‘(b) REDUCTION IN CASE OF FAILURE TO MEET.—

‘‘(1) IN GENERAL.—The State educational agency shall reduce the amount of the allocation of funds under a covered program in any fiscal year in the exact proportion by which a local

educational agency fails to meet the requirement of subsection

(a) of this section by falling below 90 percent of both the combined fiscal effort per student and aggregate expenditures

(using the measure most favorable to the local agency).

‘‘(2) SPECIAL RULE.—No such lesser amount shall be used

for computing the effort required under subsection (a) of this

section for subsequent years.

‘‘(c) WAIVER.—The Secretary may waive the requirements of this

section if the Secretary determines that a waiver would be equitable

due to—

‘‘(1) exceptional or uncontrollable circumstances, such as a

natural disaster; or

‘‘(2) a precipitous decline in the financial resources of the

local educational agency.

‘‘SEC. 9522. PROHIBITION REGARDING STATE AID.

‘‘A State shall not take into consideration payments under this

Act (other than under title VIII) in determining the eligibility of any

local educational agency in that State for State aid, or the amount

of State aid, with respect to free public education of children.

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‘‘SEC. 9523. PRIVACY OF ASSESSMENT RESULTS.

‘‘Any results from an individual assessment referred to in this

Act of a student that become part of the education records of the student shall have the protections provided in section 444 of the General Education Provisions Act.

‘‘SEC. 9524. SCHOOL PRAYER.

‘‘(a) GUIDANCE.—The Secretary shall provide and revise guidance, not later than September 1, 2002, and of every second year

thereafter, to State educational agencies, local educational agencies,

and the public on constitutionally protected prayer in public elementary schools and secondary schools, including making the guidance

available on the Internet. The guidance shall be reviewed, prior to

distribution, by the Office of Legal Counsel of the Department of

Justice for verification that the guidance represents the current state

of the law concerning constitutionally protected prayer in public elementary schools and secondary schools.

‘‘(b) CERTIFICATION.—As a condition of receiving funds under

this Act, a local educational agency shall certify in writing to the

State educational agency involved that no policy of the local educational agency prevents, or otherwise denies participation in, constitutionally protected prayer in public elementary schools and secondary schools, as detailed in the guidance required under subsection (a). The certification shall be provided by October 1 of each

year. The State educational agency shall report to the Secretary by

November 1 of each year a list of those local educational agencies

that have not filed the certification or against which complaints

have been made to the State educational agency that the local educational agencies are not in compliance with this section.

‘‘(c) ENFORCEMENT.—The Secretary is authorized and directed

to effectuate subsection (b) by issuing, and securing compliance

with, rules or orders with respect to a local educational agency that

fails to certify, or is found to have certified in bad faith, that no policy of the local educational agency prevents, or otherwise denies participation in, constitutionally protected prayer in public elementary

schools and secondary schools.

‘‘SEC. 9525. EQUAL ACCESS TO PUBLIC SCHOOL FACILITIES.

‘‘(a) SHORT TITLE.—This section may be cited as the ‘Boy Scouts

of America Equal Access Act’.

‘‘(b) IN GENERAL.— ‘‘(1) EQUAL ACCESS.—Notwithstanding any other provision

of law, no public elementary school, public secondary school,

local educational agency, or State educational agency that has

a designated open forum or a limited public forum and that receives funds made available through the Department shall deny

equal access or a fair opportunity to meet to, or discriminate

against, any group officially affiliated with the Boy Scouts of

America, or any other youth group listed in title 36 of the

United States Code (as a patriotic society), that wishes to conduct a meeting within that designated open forum or limited

public forum, including denying such access or opportunity or

discriminating for reasons based on the membership or leadership criteria or oath of allegiance to God and country of the Boy

Scouts of America or of the youth group listed in title 36 of the

United States Code (as a patriotic society).

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‘‘(2) VOLUNTARY SPONSORSHIP.—Nothing in this section

shall be construed to require any school, agency, or a school

served by an agency to sponsor any group officially affiliated

with the Boy Scouts of America, or any other youth group listed

in title 36 of the United States Code (as a patriotic society).

‘‘(c) TERMINATION OF ASSISTANCE AND OTHER ACTION.—

‘‘(1) DEPARTMENTAL ACTION.—The Secretary is authorized

and directed to effectuate subsection (b) by issuing and securing

compliance with rules or orders with respect to a public elementary school, public secondary school, local educational agency,

or State educational agency that receives funds made available

through the Department and that denies equal access, or a fair

opportunity to meet, or discriminates, as described in subsection

(b).

‘‘(2) PROCEDURE.—The Secretary shall issue and secure

compliance with the rules or orders, under paragraph (1),

through the Office for Civil Rights and in a manner consistent

with the procedure used by a Federal department or agency

under section 602 of the Civil Rights Act of 1964. If the public

school or agency does not comply with the rules or orders, then

notwithstanding any other provision of law, no funds made

available through the Department shall be provided to a school

that fails to comply with such rules or orders or to any agency

or school served by an agency that fails to comply with such

rules or orders.

‘‘(3) JUDICIAL REVIEW.—Any action taken by the Secretary

under paragraph (1) shall be subject to the judicial review described in section 603 of the Civil Rights Act of 1964. Any person aggrieved by the action may obtain that judicial review in

the manner, and to the extent, provided in section 603 of such

Act.

‘‘(d) DEFINITION AND RULE.—

‘‘(1) DEFINITION.—In this section, the term ‘youth group’

means any group or organization intended to serve young people under the age of 21.

‘‘(2) RULE.—For the purpose of this section, an elementary

school or secondary school has a limited public forum whenever

the school involved grants an offering to, or opportunity for, one

or more outside youth or community groups to meet on school

premises or in school facilities before or after the hours during

which attendance at the school is compulsory.

‘‘SEC. 9526. GENERAL PROHIBITIONS.

‘‘(a) PROHIBITION.—None of the funds authorized under this Act

shall be used—

‘‘(1) to develop or distribute materials, or operate programs

or courses of instruction directed at youth, that are designed to

promote or encourage sexual activity, whether homosexual or

heterosexual;

‘‘(2) to distribute or to aid in the distribution by any organization of legally obscene materials to minors on school

grounds;

‘‘(3) to provide sex education or HIV-prevention education

in schools unless that instruction is age appropriate and includes the health benefits of abstinence; or

568

‘‘(4) to operate a program of contraceptive distribution in

schools.

‘‘(b) LOCAL CONTROL.—Nothing in this section shall be construed to—

‘‘(1) authorize an officer or employee of the Federal Government to mandate, direct, review, or control a State, local educational agency, or school’s instructional content, curriculum,

and related activities; ‘‘(2) limit the application of the General Education Provisions Act; ‘‘(3) require the distribution of scientifically or medically

false or inaccurate materials or to prohibit the distribution of

scientifically or medically true or accurate materials; or ‘‘(4) create any legally enforceable right.

‘‘SEC. 9527. PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF

FEDERAL FUNDS.

‘‘(a) GENERAL PROHIBITION.—Nothing in this Act shall be construed to authorize an officer or employee of the Federal Government to mandate, direct, or control a State, local educational agency, or school’s curriculum, program of instruction, or allocation of

State or local resources, or mandate a State or any subdivision

thereof to spend any funds or incur any costs not paid for under this

Act. ‘‘(b) PROHIBITION ON ENDORSEMENT OF CURRICULUM.—Notwithstanding any other prohibition of Federal law, no funds provided to the Department under this Act may be used by the Department to endorse, approve, or sanction any curriculum designed to

be used in an elementary school or secondary school. ‘‘(c) PROHIBITION ON REQUIRING FEDERAL APPROVAL OR CER- TIFICATION OF STANDARDS.— ‘‘(1) IN GENERAL.—Notwithstanding any other provision of

Federal law, no State shall be required to have academic content or student academic achievement standards approved or

certified by the Federal Government, in order to receive assistance under this Act. ‘‘(2) RULE OF CONSTRUCTION.—Nothing in this subsection

shall be construed to affect requirements under title I or part

A of title VI.

‘‘(d) RULE OF CONSTRUCTION ON BUILDING STANDARDS.—Nothing in this Act shall be construed to mandate national school building standards for a State, local educational agency, or school.

‘‘SEC. 9528. ARMED FORCES RECRUITER ACCESS TO STUDENTS AND

STUDENT RECRUITING INFORMATION.

‘‘(a) POLICY.—

‘‘(1) ACCESS TO STUDENT RECRUITING INFORMATION.—Notwithstanding section 444(a)(5)(B) of the General Education Provisions Act and except as provided in paragraph (2), each local

educational agency receiving assistance under this Act shall

provide, on a request made by military recruiters or an institution of higher education, access to secondary school students

names, addresses, and telephone listings.

‘‘(2) CONSENT.—A secondary school student or the parent of

the student may request that the student’s name, address, and

telephone listing described in paragraph (1) not be released

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cational agency or private school shall notify parents of the option to make a request and shall comply with any request.

‘‘(3) SAME ACCESS TO STUDENTS.—Each local educational

agency receiving assistance under this Act shall provide military recruiters the same access to secondary school students as

is provided generally to post secondary educational institutions

or to prospective employers of those students.

‘‘(b) NOTIFICATION.—The Secretary, in consultation with the

Secretary of Defense, shall, not later than 120 days after the date

of enactment of the No Child Left Behind Act of 2001, notify principals, school administrators, and other educators about the requirements of this section.

‘‘(c) EXCEPTION.—The requirements of this section do not apply

to a private secondary school that maintains a religious objection to

service in the Armed Forces if the objection is verifiable through the

corporate or other organizational documents or materials of that

school.

‘‘(d) SPECIAL RULE.—A local educational agency prohibited by

Connecticut State law (either explicitly by statute or through statutory interpretation by the State Supreme Court or State Attorney

General) from providing military recruiters with information or access as required by this section shall have until May 31, 2002, to

comply with that requirement.

‘‘SEC. 9529. PROHIBITION ON FEDERALLY SPONSORED TESTING.

‘‘(a) GENERAL PROHIBITION.—Notwithstanding any other provision of Federal law and except as provided in subsection (b), no

funds provided under this Act to the Secretary or to the recipient of

any award may be used to develop, pilot test, field test, implement,

administer, or distribute any federally sponsored national test in

reading, mathematics, or any other subject, unless specifically and

explicitly authorized by law.

‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply to international comparative assessments developed under the authority of

section 404(a)(6) of the National Education Statistics Act of 1994

and administered to only a representative sample of pupils in the

United States and in foreign nations.

‘‘SEC. 9530. LIMITATIONS ON NATIONAL TESTING OR CERTIFICATION

FOR TEACHERS.

‘‘(a) MANDATORY NATIONAL TESTING OR CERTIFICATION OF

TEACHERS.—Notwithstanding any other provision of this Act or any

other provision of law, no funds available to the Department or otherwise available under this Act may be used for any purpose relating to a mandatory nationwide test or certification of teachers or

education paraprofessionals, including any planning, development,

implementation, or administration of such test or certification.

‘‘(b) PROHIBITION ON WITHHOLDING FUNDS.—The Secretary is

prohibited from withholding funds from any State educational

agency or local educational agency if the State educational agency

or local educational agency fails to adopt a specific method of teacher or paraprofessional certification.

‘‘SEC. 9531. PROHIBITION ON NATIONWIDE DATABASE.

‘‘Nothing in this Act (other than section 1308(b)) shall be construed to authorize the development of a nationwide database of

570

personally identifiable information on individuals involved in studies or other collections of data under this Act.

‘‘SEC. 9532. UNSAFE SCHOOL CHOICE OPTION.

‘‘(a) UNSAFE SCHOOL CHOICE POLICY.—Each State receiving

funds under this Act shall establish and implement a statewide policy requiring that a student attending a persistently dangerous public elementary school or secondary school, as determined by the

State in consultation with a representative sample of local educational agencies, or who becomes a victim of a violent criminal offense, as determined by State law, while in or on the grounds of a

public elementary school or secondary school that the student attends, be allowed to attend a safe public elementary or secondary

school within the local educational agency, including a public charter school. ‘‘(b) CERTIFICATION.—As a condition of receiving funds under

this Act, a State shall certify in writing to the Secretary that the

State is in compliance with this section.

‘‘SEC. 9533. PROHIBITION ON DISCRIMINATION.

‘‘Nothing in this Act shall be construed to require, authorize, or

permit, the Secretary, or a State educational agency, local educational agency, or school to grant to a student, or deny or impose

upon a student, any financial or educational benefit or burden, in

violation of the fifth or 14th amendments to the Constitution or

other law relating to discrimination in the provision of federally

funded programs or activities.

‘‘SEC. 9534. CIVIL RIGHTS.

‘‘(a) IN GENERAL.—Nothing in this Act shall be construed to

permit discrimination on the basis of race, color, religion, sex (except as otherwise permitted under title IX of the Education Amendments of 1972), national origin, or disability in any program funded

under this Act. ‘‘(b) RULE OF CONSTRUCTION.—Nothing in this Act shall be construed to require the disruption of services to a child or the displacement of a child enrolled in or participating in a program administered by an eligible entity, as defined in section 1116 of title I and

part B of title V, at the commencement of the entity’s participation

in a grant under section 1116 of title I or part B of title V.

‘‘SEC. 9535. RULEMAKING.

‘‘The Secretary shall issue regulations under this Act only to the

extent that such regulations are necessary to ensure that there is

compliance with the specific requirements and assurances required

by this Act.

‘‘SEC. 9536. SEVERABILITY.

‘‘If any provision of this Act is held invalid, the remainder of

this Act shall be unaffected thereby.

‘‘PART F—EVALUATIONS

‘‘SEC. 9601. EVALUATIONS.

‘‘(a) RESERVATION OF FUNDS.—Except as provided in subsections (b) and (c), the Secretary may reserve not more than 0.5

percent of the amount appropriated to carry out each categorical

program and demonstration project authorized under this Act—

‘‘(1) to conduct—

571

‘‘(A) comprehensive evaluations of the program or

project; and ‘‘(B) studies of the effectiveness of the program or

project and its administrative impact on schools and local

educational agencies;

‘‘(2) to evaluate the aggregate short- and long-term effects

and cost efficiencies across Federal programs assisted or authorized under this Act and related Federal preschool, elementary, and secondary programs under any other Federal law;

and ‘‘(3) to increase the usefulness of evaluations of grant recipients in order to ensure the continuous progress of the program

or project by improving the quality, timeliness, efficiency, and

use of information relating to performance under the program

or project.

‘‘(b) TITLES I AND III EXCLUDED.—The Secretary may not reserve under subsection (a) funds appropriated to carry out any program authorized under title I or title III.

‘‘(c) EVALUATION ACTIVITIES AUTHORIZED ELSEWHERE.—If,

under any other provision of this Act (other than title I), funds are

authorized to be reserved or used for evaluation activities with respect to a program or project, the Secretary may not reserve additional funds under this section for the evaluation of that program

or project.

TITLE X—REPEALS, REDESIGNATIONS,

AND AMENDMENTS TO OTHER STATUTES

PART A—REPEALS

SEC. 1011. REPEALS.

The following provisions of law are repealed:

(1) Part G of title XV of the Higher Education Amendments

of 1992 (20 U.S.C. 1070a–11 note), relating to the Advanced

Placement fee payment program.

(2) Part B of title VIII of the Higher Education Amendments of 1998 (20 U.S.C. 1070a–11 note), relating to the Advanced Placement incentive program.

(3) Part F of the General Education Provisions Act (20

U.S.C. 1235 et seq.), relating to Ready to Learn Television.

(4) The following provisions of the Goals 2000: Educate

America Act (20 U.S.C. 5801 et seq.):

(A) Parts A and C of title II (20 U.S.C. 5821 et seq.,

5871), relating to the National Education Goals Panel.

(B) Title VI (20 U.S.C. 5951), relating to the International Education Program.

(5) The following provisions of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.):

(A) Titles X through XII (20 U.S.C. 8001 et seq.).

(B) Sections 13001 and 13002 (20 U.S.C. 8601, 8602).

(C) Title XIV (20 U.S.C. 8801 et seq.).

(6) The Troops-to-Teachers Program Act of 1999 (20 U.S.C.

9301 et seq.).

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SEC. 1012. CONFORMING CLERICAL AND TECHNICAL AMENDMENTS.

The table of contents in section 1(b) of the Goals 2000: Educate

America Act (20 U.S.C. 5801 note) is amended by striking the items

relating to the following provisions:

(1) Parts A and C of title II (including the items relating

to sections within those parts).

(2) Sections 231, 232, 234, and 235.

(3) Titles III through VI (including the items relating to

sections within those titles).

PART B—REDESIGNATIONS

SEC. 1021. COMPREHENSIVE REGIONAL ASSISTANCE CENTERS.

(a) IN GENERAL.—Part A of title XIII of the Elementary and

Secondary Education Act of 1965 (20 U.S.C. 8621 et seq.) is transferred to and redesignated as part K of the Educational Research,

Development, Dissemination, and Improvement Act of 1994.

(b) SECTIONS.—Sections 13101 through 13105 of such part are

redesignated as sections 1001 through 1005, respectively.

(c) DEFINED TERMS.—Part K of the Educational Research, Development, Dissemination, and Improvement Act of 1994 (as transferred and redesignated by this section) is amended by adding at

the end the following new section:

‘‘SEC. 1006. DEFINED TERMS.

‘‘In this part, the definitions of terms defined in section 9101 of

the Elementary and Secondary Education Act of 1965 shall apply.’’.

SEC. 1022. NATIONAL DIFFUSION NETWORK.

(a) IN GENERAL.—Part B of title XIII of the Elementary and

Secondary Education Act of 1965 (20 U.S.C. 8651 et seq.) is transferred to and redesignated as part L of the Educational Research,

Development, Dissemination, and Improvement Act of 1994.

(b) SECTIONS.—Sections 13201 and 13102 of such part are redesignated as sections 1011 and 1012, respectively.

(c) DEFINED TERMS.—Part L of the Educational Research, Development, Dissemination, and Improvement Act of 1994 (as transferred and redesignated by this section) is amended by adding at

the end the following new section:

‘‘SEC. 1013. DEFINED TERMS.

‘‘In this part, the definitions of terms defined in section 9101 of

the Elementary and Secondary Education Act of 1965 shall apply.’’.

SEC. 1023. EISENHOWER REGIONAL MATHEMATICS AND SCIENCE EDUCATION CONSORTIA.

(a) IN GENERAL.—Part C of title XIII of the Elementary and

Secondary Education Act of 1965 (20 U.S.C. 8671 et seq.) is transferred to and redesignated as part M of the Educational Research,

Development, Dissemination, and Improvement Act of 1994.

(b) SECTIONS.—Sections 13301 through 13108 of such part are

redesignated as sections 1021 through 1028, respectively.

(c) DEFINED TERMS.—Part M of the Educational Research, Development, Dissemination, and Improvement Act of 1994 (as transferred and redesignated by this section) is amended by adding at

the end the following new section:

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‘‘SEC. 1029. DEFINED TERMS.

‘‘In this part, the definitions of terms defined in section 9101 of

the Elementary and Secondary Education Act of 1965 shall apply.’’.

SEC. 1024. TECHNOLOGY-BASED TECHNICAL ASSISTANCE.

(a) IN GENERAL.—Part D of title XIII of the Elementary and

Secondary Education Act of 1965 (20 U.S.C. 8701) is transferred to

and redesignated as part N of the Educational Research, Development, Dissemination, and Improvement Act of 1994.

(b) SECTIONS.—Section 13401 of such part is redesignated as

section 1031.

(c) DEFINED TERMS.—Part N of the Educational Research, Development, Dissemination, and Improvement Act of 1994 (as transferred and redesignated by this section) is amended by adding at

the end the following new section:

‘‘SEC. 1032. DEFINED TERMS.

‘‘In this part, the definitions of terms defined in section 9101 of

the Elementary and Secondary Education Act of 1965 shall apply.’’.

SEC. 1025. CONFORMING AMENDMENTS.

(a) PARTS K THROUGH M.—Parts K through M of the Educational Research, Development, Dissemination, and Improvement

Act of 1994 (as transferred and redesignated by sections 1021

through 1024 of this Act) are amended as follows:

(1) Insert ‘‘of such Act’’ in—

(A) section 1002(a)(1)(A), after ‘‘title I’’; and

(B) section 1002(a)(1)(B), after ‘‘section 1114’’.

(2) Insert ‘‘of the Elementary and Secondary Education Act

of 1965 (as such Act was in effect on the day before the date

of enactment of the No Child Left Behind Act of 2001)’’ in—

(A) sections 1001(a)(2)(A) and 1011(e)(1), after ‘‘title I’’;

(B) sections 1002(b)(1) and section 1011(g)(3)(A), after

‘‘section 1114’’; and

(C) in section 1011(e)(3), after ‘‘title III’’.

(3) In section 1011(a)(1), strike ‘‘(hereafter referred to in

this Act as ‘NDN’)’’.

(4) In subsections (c) and (g)(1) of section 1011 and in section 1027(1)(E), strike ‘‘of the Educational Research, Development, Dissemination, and Improvement Act of 1994’’.

(5) In subsections (a)(2)(A) and (d) of section 1011, strike

‘‘part A’’ and insert ‘‘part K’’.

(6) In sections 1002(a)(4) and 1011(e)(3), strike ‘‘part C’’

and insert ‘‘part M’’.

(7) In section 1002(a), strike ‘‘section 13101(a)’’ and insert

‘‘section 1001(a)’’.

(8) In section 1003(b)(1), strike ‘‘section 13102’’ and insert

‘‘section 1002’’.

(9) In section 1004(b)(1), strike ‘‘section 13105’’ and insert

‘‘section 1005’’.

(10) In sections 1002(a)(7) and 1003(b)(2), strike ‘‘section

13201’’ and insert ‘‘section 1011’’.

(11) In section 1022(2) and (3), strike ‘‘section 13301(a)(1)’’

and insert ‘‘section 1021(a)(1)’’.

(12) In section 1027(4), strike ‘‘section 13301’’ and insert

‘‘section 1021’’.

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(13) In subsections (a) and (b) of section 1025, strike ‘‘section 13303’’ and insert ‘‘section 1023’’.

(14) In the text preceding paragraph (1) of section 1022,

strike ‘‘section 13304’’ and insert ‘‘section 1024’’.

(15) In section 1021(a)(3), strike ‘‘section 13308’’ and insert

‘‘section 1028’’.

(16) In sections 1003(b)(2) and 1011(f)(4), strike ‘‘section

13401’’ and insert ‘‘section 1031’’.

(17) Strike ‘‘this Act’’ and insert ‘‘the Elementary and Secondary Education Act of 1965 (as such Act was in effect on the

day before the date of enactment of the No Child Left Behind

Act of 2001)’’ in—

(A) section 1001(a)(1) (the first occurrence only);

(B) paragraphs (1) through (3) of section 1001(c);

(C) paragraphs (1), (2), (6), and (8) of section 1002(a);

(D) section 1011(e); and

(E) section 1031(2).

(18) In paragraphs (1) and (2) of section 1004(b), strike

‘‘this Act’’ and insert ‘‘the Elementary and Secondary Education

Act of 1965’’.

(19) In section 1001(a)(1) (the second occurrence only) and

in section 1002(a)(1)(C), strike ‘‘this Act’’ and insert ‘‘such Act’’.

(20) Section 1011 is amended—

(A) in subsection (a)(1), by striking ‘‘In order to implement the purposes of this title, the’’ and inserting ‘‘The’’;

and

(B) in subsection (f)(5), by striking ‘‘to achieve the purposes of this title’’.

(21) In section 1022(1), strike ‘‘, the Eisenhower National

Clearinghouse for Science and Mathematics Education established under section 2102(b)’’.

(22) In section 1026(a), strike ‘‘section 14701’’ and insert

‘‘section 9601’’.

(b) TITLE XIII HEADING.—The Elementary and Secondary Education Act of 1965 is amended by striking the heading of title XIII.

PART C—HOMELESS EDUCATION

SEC. 1031. SHORT TITLE.

This part may be cited as the ‘‘McKinney-Vento Homeless Education Assistance Improvements Act of 2001’’.

SEC. 1032. EDUCATION FOR HOMELESS CHILDREN AND YOUTHS.

Subtitle B of title VII of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.) is amended to read as follows:

‘‘Subtitle B—Education for Homeless

Children and Youths

‘‘SEC. 721. STATEMENT OF POLICY.

‘‘The following is the policy of the Congress:

‘‘(1) Each State educational agency shall ensure that each

child of a homeless individual and each homeless youth has

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cluding a public preschool education, as provided to other children and youths. ‘‘(2) In any State that has a compulsory residency requirement as a component of the State’s compulsory school attendance laws or other laws, regulations, practices, or policies that

may act as a barrier to the enrollment, attendance, or success

in school of homeless children and youths, the State will review

and undertake steps to revise such laws, regulations, practices,

or policies to ensure that homeless children and youths are afforded the same free, appropriate public education as provided

to other children and youths. ‘‘(3) Homelessness alone is not sufficient reason to separate

students from the mainstream school environment. ‘‘(4) Homeless children and youths should have access to

the education and other services that such children and youths

need to ensure that such children and youths have an opportunity to meet the same challenging State student academic

achievement standards to which all students are held.

‘‘SEC. 722. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR THE EDUCATION OF HOMELESS CHILDREN AND YOUTHS.

‘‘(a) GENERAL AUTHORITY.—The Secretary is authorized to

make grants to States in accordance with the provisions of this section to enable such States to carry out the activities described in

subsections (d) through (g). ‘‘(b) APPLICATION.—No State may receive a grant under this section unless the State educational agency submits an application to

the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require.‘‘(c) ALLOCATION AND RESERVATIONS.—

‘‘(1) ALLOCATION.—(A) Subject to subparagraph (B), the

Secretary is authorized to allot to each State an amount that

bears the same ratio to the amount appropriated for such year

under section 726 that remains after the Secretary reserves

funds under paragraph (2) and uses funds to carry out section

724(d) and (h), as the amount allocated under section 1122 of

the Elementary and Secondary Education Act of 1965 to the

State for that year bears to the total amount allocated under

section 1122 of such Act to all States for that year, except that

no State shall receive less than the greater of—

‘‘(i) $150,000;

‘‘(ii) 1⁄4 of 1 percent of the amount appropriated under

section 726 for that year; or

‘‘(iii) the amount such State received under this section

for fiscal year 2001.

‘‘(B) If there are insufficient funds in a fiscal year to allot

to each State the minimum amount under subparagraph (A),

the Secretary shall ratably reduce the allotments to all States

based on the proportionate share that each State received under

this subsection for the preceding fiscal year.

‘‘(2) RESERVATIONS.—(A) The Secretary is authorized to reserve 0.1 percent of the amount appropriated for each fiscal

year under section 726 to be allocated by the Secretary among

the United States Virgin Islands, Guam, American Samoa, and

the Commonwealth of the Northern Mariana Islands, according

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to their respective need for assistance under this subtitle, as determined by the Secretary. ‘‘(B)(i) The Secretary shall transfer 1 percent of the amount

appropriated for each fiscal year under section 726 to the Department of the Interior for programs for Indian students

served by schools funded by the Secretary of the Interior, as determined under the Indian Self-Determination and Education

Assistance Act (25 U.S.C. 450 et seq.), that are consistent with

the purposes of the programs described in this subtitle. ‘‘(ii) The Secretary and the Secretary of the Interior shall

enter into an agreement, consistent with the requirements of

this subtitle, for the distribution and use of the funds described

in clause (i) under terms that the Secretary determines best

meet the purposes of the programs described in this subtitle.

Such agreement shall set forth the plans of the Secretary of the

Interior for the use of the amounts transferred, including appropriate goals, objectives, and milestones. ‘‘(3) STATE DEFINED.—For purposes of this subsection, the

term ‘State’ does not include the United States Virgin Islands,

Guam, American Samoa, or the Commonwealth of the Northern

Mariana Islands.

‘‘(d) ACTIVITIES.—Grants under this section shall be used for

the following: ‘‘(1) To carry out the policies set forth in section 721 in the

State.‘‘(2) To provide activities for, and services to, homeless children, including preschool-aged homeless children, and youths

that enable such children and youths to enroll in, attend, and

succeed in school, or, if appropriate, in preschool programs. ‘‘(3) To establish or designate an Office of Coordinator for

Education of Homeless Children and Youths in the State educational agency in accordance with subsection (f). ‘‘(4) To prepare and carry out the State plan described in

subsection (g).

‘‘(5) To develop and implement professional development

programs for school personnel to heighten their awareness of,

and capacity to respond to, specific problems in the education

of homeless children and youths.

‘‘(e) STATE AND LOCAL SUBGRANTS.— ‘‘(1) MINIMUM DISBURSEMENTS BY STATES.—From the sums

made available each year to carry out this subtitle, the State

educational agency shall distribute not less than 75 percent in

subgrants to local educational agencies for the purposes of carrying out section 723, except that States funded at the minimum level set forth in subsection (c)(1) shall distribute not less

than 50 percent in subgrants to local educational agencies for

the purposes of carrying out section 723.

‘‘(2) USE BY STATE EDUCATIONAL AGENCY.—A State educational agency may use funds made available for State use

under this subtitle to conduct activities under subsection (f) directly or through grants or contracts.

‘‘(3) PROHIBITION ON SEGREGATING HOMELESS STUDENTS.— ‘‘(A) IN GENERAL.—Except as provided in subparagraph

(B) and section 723(a)(2)(B)(ii), in providing a free public

education to a homeless child or youth, no State receiving

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funds under this subtitle shall segregate such child or

youth in a separate school, or in a separate program within

a school, based on such child’s or youth’s status as homeless.‘‘(B) EXCEPTION.—Notwithstanding subparagraph (A),

paragraphs (1)(J)(i) and (3) of subsection (g), section

723(a)(2), and any other provision of this subtitle relating

to the placement of homeless children or youths in schools,

a State that has a separate school for homeless children or

youths that was operated in fiscal year 2000 in a covered

county shall be eligible to receive funds under this subtitle

for programs carried out in such school if— ‘‘(i) the school meets the requirements of subparagraph (C); ‘‘(ii) any local educational agency serving a school

that the homeless children and youths enrolled in the

separate school are eligible to attend meets the requirements of subparagraph (E); and ‘‘(iii) the State is otherwise eligible to receive funds

under this subtitle.

‘‘(C) SCHOOL REQUIREMENTS.—For the State to be eligible under subparagraph (B) to receive funds under this

subtitle, the school described in such subparagraph shall— ‘‘(i) provide written notice, at the time any child or

youth seeks enrollment in such school, and at least

twice annually while the child or youth is enrolled in

such school, to the parent or guardian of the child or

youth (or, in the case of an unaccompanied youth, the

youth) that—‘‘(I) shall be signed by the parent or guardian

(or, in the case of an unaccompanied youth, the

youth); ‘‘(II) sets forth the general rights provided

under this subtitle;

‘‘(III) specifically states—

‘‘(aa) the choice of schools homeless children and youths are eligible to attend, as provided in subsection (g)(3)(A);

‘‘(bb) that no homeless child or youth is required to attend a separate school for homeless

children or youths;

‘‘(cc) that homeless children and youths

shall be provided comparable services described in subsection (g)(4), including transportation services, educational services, and

meals through school meals programs; and

‘‘(dd) that homeless children and youths

should not be stigmatized by school personnel;

and

‘‘(IV) provides contact information for the local

liaison for homeless children and youths and the

State Coordinator for Education of Homeless Children and Youths;

‘‘(ii)(I) provide assistance to the parent or guardian

of each homeless child or youth (or, in the case of an

578

unaccompanied youth, the youth) to exercise the right

to attend the parent’s or guardian’s (or youth’s) choice

of schools, as provided in subsection (g)(3)(A); and ‘‘(II) coordinate with the local educational agency

with jurisdiction for the school selected by the parent

or guardian (or youth), to provide transportation and

other necessary services; ‘‘(iii) ensure that the parent or guardian (or, in the

case of an unaccompanied youth, the youth) shall receive the information required by this subparagraph in

a manner and form understandable to such parent or

guardian (or youth), including, if necessary and to the

extent feasible, in the native language of such parent or

guardian (or youth); and ‘‘(iv) demonstrate in the school’s application for

funds under this subtitle that such school— ‘‘(I) is complying with clauses (i) and (ii); and

‘‘(II) is meeting (as of the date of submission of

the application) the same Federal and State standards, regulations, and mandates as other public

schools in the State (such as complying with sections 1111 and 1116 of the Elementary and Secondary Education Act of 1965 and providing a full

range of education and related services, including

services applicable to students with disabilities). ‘‘(D) SCHOOL INELIGIBILITY.—A separate school described in subparagraph (B) that fails to meet the standards, regulations, and mandates described in subparagraph (C)(iv)(II) shall not be eligible to receive funds under

this subtitle for programs carried out in such school after

the first date of such failure. ‘‘(E) LOCAL EDUCATIONAL AGENCY REQUIREMENTS.—For

the State to be eligible to receive the funds described in subparagraph (B), the local educational agency described in

subparagraph (B)(ii) shall— ‘‘(i) implement a coordinated system for ensuring

that homeless children and youths— ‘‘(I) are advised of the choice of schools provided in subsection (g)(3)(A); ‘‘(II) are immediately enrolled, in accordance

with subsection (g)(3)(C), in the school selected

under subsection (g)(3)(A); and ‘‘(III) are promptly provided necessary services

described in subsection (g)(4), including transportation, to allow homeless children and youths to

exercise their choices of schools under subsection

(g)(3)(A);

‘‘(ii) document that written notice has been

provided—

‘‘(I) in accordance with subparagraph (C)(i) for

each child or youth enrolled in a separate school

under subparagraph (B); and

‘‘(II) in accordance with subsection (g)(6)(A)(v);

‘‘(iii) prohibit schools within the agency’s jurisdiction from referring homeless children or youths to, or

579

requiring homeless children and youths to enroll in or

attend, a separate school described in subparagraph

(B); ‘‘(iv) identify and remove any barriers that exist in

schools within the agency’s jurisdiction that may have

contributed to the creation or existence of separate

schools described in subparagraph (B); and ‘‘(v) not use funds received under this subtitle to

establish—

‘‘(I) new or additional separate schools for

homeless children or youths; or ‘‘(II) new or additional sites for separate

schools for homeless children or youths, other than

the sites occupied by the schools described in subparagraph (B) in fiscal year 2000. ‘‘(F) REPORT.— ‘‘(i) PREPARATION.—The Secretary shall prepare a

report on the separate schools and local educational

agencies described in subparagraph (B) that receive

funds under this subtitle in accordance with this paragraph. The report shall contain, at a minimum, information on—

‘‘(I) compliance with all requirements of this

paragraph; ‘‘(II) barriers to school access in the school districts served by the local educational agencies; and ‘‘(III) the progress the separate schools are

making in integrating homeless children and

youths into the mainstream school environment,

including the average length of student enrollment

in such schools.

‘‘(ii) COMPLIANCE WITH INFORMATION REQUESTS.—

For purposes of enabling the Secretary to prepare the

report, the separate schools and local educational agencies shall cooperate with the Secretary and the State

Coordinator for Education of Homeless Children and

Youths established in the State under subsection (d)(3),

and shall comply with any requests for information by

the Secretary and State Coordinator for such State. ‘‘(iii) SUBMISSION.—Not later than 2 years after the

date of enactment of the McKinney-Vento Homeless

Education Assistance Improvements Act of 2001, the

Secretary shall submit the report described in clause (i)

to—

‘‘(I) the President;

‘‘(II) the Committee on Education and the

Workforce of the House of Representatives; and

‘‘(III) the Committee on Health, Education,

Labor, and Pensions of the Senate. ‘‘(G) DEFINITION.—For purposes of this paragraph, the

term ‘covered county’ means— ‘‘(i) San Joaquin County, California;

‘‘(ii) Orange County, California;

‘‘(iii) San Diego County, California; and

‘‘(iv) Maricopa County, Arizona.

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‘‘(f) FUNCTIONS OF THE OFFICE OF COORDINATOR.—The Coordinator for Education of Homeless Children and Youths established

in each State shall—

‘‘(1) gather reliable, valid, and comprehensive information

on the nature and extent of the problems homeless children and

youths have in gaining access to public preschool programs and

to public elementary schools and secondary schools, the difficulties in identifying the special needs of such children and youths,

any progress made by the State educational agency and local

educational agencies in the State in addressing such problems

and difficulties, and the success of the programs under this subtitle in allowing homeless children and youths to enroll in, attend, and succeed in, school;

‘‘(2) develop and carry out the State plan described in subsection (g);

‘‘(3) collect and transmit to the Secretary, at such time and

in such manner as the Secretary may require, a report containing such information as the Secretary determines is necessary to assess the educational needs of homeless children and

youths within the State;

‘‘(4) facilitate coordination between the State educational

agency, the State social services agency, and other agencies (including agencies providing mental health services) to provide

services to homeless children, including preschool-aged homeless children, and youths, and to families of such children and

youths;

‘‘(5) in order to improve the provision of comprehensive education and related services to homeless children and youths and

their families, coordinate and collaborate with—

‘‘(A) educators, including child development and preschool program personnel;

‘‘(B) providers of services to homeless and runaway

children and youths and homeless families (including domestic violence agencies, shelter operators, transitional

housing facilities, runaway and homeless youth centers,

and transitional living programs for homeless youths);

‘‘(C) local educational agency liaisons designated under

subsection (g)(1)(J)(ii) for homeless children and youths;

and

‘‘(D) community organizations and groups representing

homeless children and youths and their families; and

‘‘(6) provide technical assistance to local educational agencies in coordination with local educational agency liaisons designated under subsection (g)(1)(J)(ii), to ensure that local educational agencies comply with the requirements of section

722(e)(3) and paragraphs (3) through (7) of subsection (g).

‘‘(g) STATE PLAN.—

‘‘(1) IN GENERAL.—Each State shall submit to the Secretary

a plan to provide for the education of homeless children and

youths within the State. Such plan shall include the following:

‘‘(A) A description of how such children and youths are

(or will be) given the opportunity to meet the same challenging State academic achievement standards all students

are expected to meet.

581

‘‘(B) A description of the procedures the State educational agency will use to identify such children and

youths in the State and to assess their special needs. ‘‘(C) A description of procedures for the prompt resolution of disputes regarding the educational placement of

homeless children and youths. ‘‘(D) A description of programs for school personnel (including principals, attendance officers, teachers, enrollment

personnel, and pupil services personnel) to heighten the

awareness of such personnel of the specific needs of runaway and homeless youths. ‘‘(E) A description of procedures that ensure that homeless children and youths who meet the relevant eligibility

criteria are able to participate in Federal, State, or local

food programs. ‘‘(F) A description of procedures that ensure that— ‘‘(i) homeless children have equal access to the

same public preschool programs, administered by the

State agency, as provided to other children in the

State;‘‘(ii) homeless youths and youths separated from

the public schools are identified and accorded equal access to appropriate secondary education and support

services; and ‘‘(iii) homeless children and youths who meet the

relevant eligibility criteria are able to participate in

Federal, State, or local before- and after-school care

programs.

‘‘(G) Strategies to address problems identified in the report provided to the Secretary under subsection (f)(3). ‘‘(H) Strategies to address other problems with respect

to the education of homeless children and youths, including

problems resulting from enrollment delays that are caused

by—

‘‘(i) immunization and medical records requirements;

‘‘(ii) residency requirements;

‘‘(iii) lack of birth certificates, school records, or

other documentation;

‘‘(iv) guardianship issues; or

‘‘(v) uniform or dress code requirements.

‘‘(I) A demonstration that the State educational agency

and local educational agencies in the State have developed,

and shall review and revise, policies to remove barriers to

the enrollment and retention of homeless children and

youths in schools in the State.

‘‘(J) Assurances that—

‘‘(i) the State educational agency and local educational agencies in the State will adopt policies and

practices to ensure that homeless children and youths

are not stigmatized or segregated on the basis of their

status as homeless;

‘‘(ii) local educational agencies will designate an

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cational agency liaison for homeless children and

youths, to carry out the duties described in paragraph

(6)(A); and

‘‘(iii) the State and its local educational agencies

will adopt policies and practices to ensure that transportation is provided, at the request of the parent or

guardian (or in the case of an unaccompanied youth,

the liaison), to and from the school of origin, as determined in paragraph (3)(A), in accordance with the following, as applicable:

‘‘(I) If the homeless child or youth continues to

live in the area served by the local educational

agency in which the school of origin is located, the

child’s or youth’s transportation to and from the

school of origin shall be provided or arranged by

the local educational agency in which the school of

origin is located.

‘‘(II) If the homeless child’s or youth’s living

arrangements in the area served by the local educational agency of origin terminate and the child

or youth, though continuing his or her education

in the school of origin, begins living in an area

served by another local educational agency, the

local educational agency of origin and the local

educational agency in which the homeless child or

youth is living shall agree upon a method to apportion the responsibility and costs for providing

the child with transportation to and from the

school of origin. If the local educational agencies

are unable to agree upon such method, the responsibility and costs for transportation shall be

shared equally.

‘‘(2) COMPLIANCE.—

‘‘(A) IN GENERAL.—Each plan adopted under this subsection shall also describe how the State will ensure that

local educational agencies in the State will comply with the

requirements of paragraphs (3) through (7).

‘‘(B) COORDINATION.—Such plan shall indicate what

technical assistance the State will furnish to local educational agencies and how compliance efforts will be coordinated with the local educational agency liaisons designated under paragraph (1)(J)(ii).

‘‘(3) LOCAL EDUCATIONAL AGENCY REQUIREMENTS.—

‘‘(A) IN GENERAL.—The local educational agency serving each child or youth to be assisted under this subtitle

shall, according to the child’s or youth’s best interest—

‘‘(i) continue the child’s or youth’s education in the

school of origin for the duration of homelessness—

‘‘(I) in any case in which a family becomes

homeless between academic years or during an

academic year; or

‘‘(II) for the remainder of the academic year, if

the child or youth becomes permanently housed

during an academic year; or

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‘‘(ii) enroll the child or youth in any public school

that nonhomeless students who live in the attendance

area in which the child or youth is actually living are

eligible to attend.

‘‘(B) BEST INTEREST.—In determining the best interest

of the child or youth under subparagraph (A), the local

educational agency shall—

‘‘(i) to the extent feasible, keep a homeless child or

youth in the school of origin, except when doing so is

contrary to the wishes of the child’s or youth’s parent

or guardian;

‘‘(ii) provide a written explanation, including a

statement regarding the right to appeal under subparagraph (E), to the homeless child’s or youth’s parent or

guardian, if the local educational agency sends such

child or youth to a school other than the school of origin or a school requested by the parent or guardian;

and

‘‘(iii) in the case of an unaccompanied youth, ensure that the homeless liaison designated under paragraph (1)(J)(ii) assists in placement or enrollment decisions under this subparagraph, considers the views of

such unaccompanied youth, and provides notice to

such youth of the right to appeal under subparagraph

(E).

‘‘(C) ENROLLMENT.—(i) The school selected in accordance with this paragraph shall immediately enroll the

homeless child or youth, even if the child or youth is unable

to produce records normally required for enrollment, such

as previous academic records, medical records, proof of

residency, or other documentation.

‘‘(ii) The enrolling school shall immediately contact the

school last attended by the child or youth to obtain relevant

academic and other records.

‘‘(iii) If the child or youth needs to obtain immunizations, or immunization or medical records, the enrolling

school shall immediately refer the parent or guardian of the

child or youth to the local educational agency liaison designated under paragraph (1)(J)(ii), who shall assist in obtaining necessary immunizations, or immunization or medical records, in accordance with subparagraph (D).

‘‘(D) RECORDS.—Any record ordinarily kept by the

school, including immunization or medical records, academic records, birth certificates, guardianship records, and

evaluations for special services or programs, regarding each

homeless child or youth shall be maintained—

‘‘(i) so that the records are available, in a timely

fashion, when a child or youth enters a new school or

school district; and

‘‘(ii) in a manner consistent with section 444 of the

General Education Provisions Act (20 U.S.C. 1232g).

‘‘(E) ENROLLMENT DISPUTES.—If a dispute arises over

school selection or enrollment in a school—

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‘‘(i) the child or youth shall be immediately admitted to the school in which enrollment is sought, pending resolution of the dispute;

‘‘(ii) the parent or guardian of the child or youth

shall be provided with a written explanation of the

school’s decision regarding school selection or enrollment, including the rights of the parent, guardian, or

youth to appeal the decision;

‘‘(iii) the child, youth, parent, or guardian shall be

referred to the local educational agency liaison designated under paragraph (1)(J)(ii), who shall carry out

the dispute resolution process as described in paragraph (1)(C) as expeditiously as possible after receiving

notice of the dispute; and

‘‘(iv) in the case of an unaccompanied youth, the

homeless liaison shall ensure that the youth is immediately enrolled in school pending resolution of the dispute.

‘‘(F) PLACEMENT CHOICE.—The choice regarding placement shall be made regardless of whether the child or

youth lives with the homeless parents or has been temporarily placed elsewhere.

‘‘(G) SCHOOL OF ORIGIN DEFINED.—In this paragraph,

the term ‘school of origin’ means the school that the child

or youth attended when permanently housed or the school

in which the child or youth was last enrolled.

‘‘(H) CONTACT INFORMATION.—Nothing in this subtitle

shall prohibit a local educational agency from requiring a

parent or guardian of a homeless child to submit contact

information.

‘‘(4) COMPARABLE SERVICES.—Each homeless child or youth

to be assisted under this subtitle shall be provided services comparable to services offered to other students in the school selected under paragraph (3), including the following:

‘‘(A) Transportation services.

‘‘(B) Educational services for which the child or youth

meets the eligibility criteria, such as services provided

under title I of the Elementary and Secondary Education

Act of 1965 or similar State or local programs, educational

programs for children with disabilities, and educational

programs for students with limited English proficiency.

‘‘(C) Programs in vocational and technical education.

‘‘(D) Programs for gifted and talented students.

‘‘(E) School nutrition programs.

‘‘(5) COORDINATION.—

‘‘(A) IN GENERAL.—Each local educational agency serving homeless children and youths that receives assistance

under this subtitle shall coordinate—

‘‘(i) the provision of services under this subtitle

with local social services agencies and other agencies or

programs providing services to homeless children and

youths and their families, including services and programs funded under the Runaway and Homeless

Youth Act (42 U.S.C. 5701 et seq.); and

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‘‘(ii) with other local educational agencies on interdistrict issues, such as transportation or transfer of

school records.

‘‘(B) HOUSING ASSISTANCE.—If applicable, each State

educational agency and local educational agency that receives assistance under this subtitle shall coordinate with

State and local housing agencies responsible for developing

the comprehensive housing affordability strategy described

in section 105 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12705) to minimize educational disruption for children and youths who become

homeless.

‘‘(C) COORDINATION PURPOSE.—The coordination required under subparagraphs (A) and (B) shall be designed

to—

‘‘(i) ensure that homeless children and youths have

access and reasonable proximity to available education

and related support services; and

‘‘(ii) raise the awareness of school personnel and

service providers of the effects of short-term stays in a

shelter and other challenges associated with homelessness.

‘‘(6) LOCAL EDUCATIONAL AGENCY LIAISON.—

‘‘(A) DUTIES.—Each local educational agency liaison

for homeless children and youths, designated under paragraph (1)(J)(ii), shall ensure that—

‘‘(i) homeless children and youths are identified by

school personnel and through coordination activities

with other entities and agencies;

‘‘(ii) homeless children and youths enroll in, and

have a full and equal opportunity to succeed in, schools

of that local educational agency;

‘‘(iii) homeless families, children, and youths receive educational services for which such families, children, and youths are eligible, including Head Start

and Even Start programs and preschool programs administered by the local educational agency, and referrals to health care services, dental services, mental

health services, and other appropriate services;

‘‘(iv) the parents or guardians of homeless children

and youths are informed of the educational and related

opportunities available to their children and are provided with meaningful opportunities to participate in

the education of their children;

‘‘(v) public notice of the educational rights of homeless children and youths is disseminated where such

children and youths receive services under this Act,

such as schools, family shelters, and soup kitchens;

‘‘(vi) enrollment disputes are mediated in accordance with paragraph (3)(E); and

‘‘(vii) the parent or guardian of a homeless child or

youth, and any unaccompanied youth, is fully informed

of all transportation services, including transportation

to the school of origin, as described in paragraph

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(1)(J)(iii), and is assisted in accessing transportation to

the school that is selected under paragraph (3)(A).

‘‘(B) NOTICE.—State coordinators established under

subsection (d)(3) and local educational agencies shall inform school personnel, service providers, and advocates

working with homeless families of the duties of the local

educational agency liaisons. ‘‘(C) LOCAL AND STATE COORDINATION.—Local educational agency liaisons for homeless children and youths

shall, as a part of their duties, coordinate and collaborate

with State coordinators and community and school personnel responsible for the provision of education and related services to homeless children and youths.

‘‘(7) REVIEW AND REVISIONS.— ‘‘(A) IN GENERAL.—Each State educational agency and

local educational agency that receives assistance under this

subtitle shall review and revise any policies that may act

as barriers to the enrollment of homeless children and

youths in schools that are selected under paragraph (3). ‘‘(B) CONSIDERATION.—In reviewing and revising such

policies, consideration shall be given to issues concerning

transportation, immunization, residency, birth certificates,

school records and other documentation, and guardianship.

‘‘(C) SPECIAL ATTENTION.—Special attention shall be

given to ensuring the enrollment and attendance of homeless children and youths who are not currently attending

school.

‘‘SEC. 723. LOCAL EDUCATIONAL AGENCY SUBGRANTS FOR THE EDUCATION OF HOMELESS CHILDREN AND YOUTHS.

‘‘(a) GENERAL AUTHORITY.— ‘‘(1) IN GENERAL.—The State educational agency shall, in

accordance with section 722(e), and from amounts made available to such agency under section 726, make subgrants to local

educational agencies for the purpose of facilitating the enrollment, attendance, and success in school of homeless children

and youths.

‘‘(2) SERVICES.—

‘‘(A) IN GENERAL.—Services under paragraph (1)—

‘‘(i) may be provided through programs on school

grounds or at other facilities;

‘‘(ii) shall, to the maximum extent practicable, be

provided through existing programs and mechanisms

that integrate homeless children and youths with nonhomeless children and youths; and

‘‘(iii) shall be designed to expand or improve services provided as part of a school’s regular academic

program, but not to replace such services provided

under such program.

‘‘(B) SERVICES ON SCHOOL GROUNDS.—If services under

paragraph (1) are provided on school grounds, schools—

‘‘(i) may use funds under this subtitle to provide

the same services to other children and youths who are

determined by the local educational agency to be at

risk of failing in, or dropping out of, school, subject to

the requirements of clause (ii); and

587

‘‘(ii) except as otherwise provided in section

722(e)(3)(B), shall not provide services in settings within a school that segregate homeless children and

youths from other children and youths, except as necessary for short periods of time— ‘‘(I) for health and safety emergencies; or

‘‘(II) to provide temporary, special, and supplementary services to meet the unique needs of homeless children and youths. ‘‘(3) REQUIREMENT.—Services provided under this section

shall not replace the regular academic program and shall be

designed to expand upon or improve services provided as part

of the school’s regular academic program. ‘‘(b) APPLICATION.—A local educational agency that desires to

receive a subgrant under this section shall submit an application to

the State educational agency at such time, in such manner, and

containing or accompanied by such information as the State educational agency may reasonably require. Such application shall include the following: ‘‘(1) An assessment of the educational and related needs of

homeless children and youths in the area served by such agency

(which may be undertaken as part of needs assessments for

other disadvantaged groups). ‘‘(2) A description of the services and programs for which

assistance is sought to address the needs identified in paragraph (1). ‘‘(3) An assurance that the local educational agency’s combined fiscal effort per student, or the aggregate expenditures of

that agency and the State with respect to the provision of free

public education by such agency for the fiscal year preceding

the fiscal year for which the determination is made, was not

less than 90 percent of such combined fiscal effort or aggregate

expenditures for the second fiscal year preceding the fiscal year

for which the determination is made.

‘‘(4) An assurance that the applicant complies with, or will

use requested funds to comply with, paragraphs (3) through (7)

of section 722(g).

‘‘(5) A description of policies and procedures, consistent

with section 722(e)(3), that the agency will implement to ensure

that activities carried out by the agency will not isolate or stigmatize homeless children and youths.

‘‘(c) AWARDS.—

‘‘(1) IN GENERAL.—The State educational agency shall, in

accordance with the requirements of this subtitle and from

amounts made available to it under section 726, make competitive subgrants to local educational agencies that submit applications under subsection (b). Such subgrants shall be awarded

on the basis of the need of such agencies for assistance under

this subtitle and the quality of the applications submitted. ‘‘(2) NEED.—In determining need under paragraph (1), the

State educational agency may consider the number of homeless

children and youths enrolled in preschool, elementary, and secondary schools within the area served by the local educational

agency, and shall consider the needs of such children and

youths and the ability of the local educational agency to meet

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such needs. The State educational agency may also consider the

following:

‘‘(A) The extent to which the proposed use of funds will

facilitate the enrollment, retention, and educational success

of homeless children and youths.

‘‘(B) The extent to which the application—

‘‘(i) reflects coordination with other local and State

agencies that serve homeless children and youths; and

‘‘(ii) describes how the applicant will meet the requirements of section 722(g)(3).

‘‘(C) The extent to which the applicant exhibits in the

application and in current practice a commitment to education for all homeless children and youths.

‘‘(D) Such other criteria as the State agency determines

appropriate.

‘‘(3) QUALITY.—In determining the quality of applications

under paragraph (1), the State educational agency shall consider the following:

‘‘(A) The applicant’s needs assessment under subsection

(b)(1) and the likelihood that the program presented in the

application will meet such needs.

‘‘(B) The types, intensity, and coordination of the services to be provided under the program.

‘‘(C) The involvement of parents or guardians of homeless children or youths in the education of their children.

‘‘(D) The extent to which homeless children and youths

will be integrated within the regular education program.

‘‘(E) The quality of the applicant’s evaluation plan for

the program.

‘‘(F) The extent to which services provided under this

subtitle will be coordinated with other services available to

homeless children and youths and their families.

‘‘(G) Such other measures as the State educational

agency considers indicative of a high-quality program, such

as the extent to which the local educational agency will provide case management or related services to unaccompanied

youths.

‘‘(4) DURATION OF GRANTS.—Grants awarded under this

section shall be for terms not to exceed 3 years.

‘‘(d) AUTHORIZED ACTIVITIES.—A local educational agency may

use funds awarded under this section for activities that carry out

the purpose of this subtitle, including the following:

‘‘(1) The provision of tutoring, supplemental instruction,

and enriched educational services that are linked to the

achievement of the same challenging State academic content

standards and challenging State student academic achievement

standards the State establishes for other children and youths.

‘‘(2) The provision of expedited evaluations of the strengths

and needs of homeless children and youths, including needs

and eligibility for programs and services (such as educational

programs for gifted and talented students, children with disabilities, and students with limited English proficiency, services

provided under title I of the Elementary and Secondary Education Act of 1965 or similar State or local programs, programs

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in vocational and technical education, and school nutrition programs).

‘‘(3) Professional development and other activities for educators and pupil services personnel that are designed to heighten the understanding and sensitivity of such personnel to the

needs of homeless children and youths, the rights of such children and youths under this subtitle, and the specific educational needs of runaway and homeless youths.

‘‘(4) The provision of referral services to homeless children

and youths for medical, dental, mental, and other health services.

‘‘(5) The provision of assistance to defray the excess cost of

transportation for students under section 722(g)(4)(A), not otherwise provided through Federal, State, or local funding, where

necessary to enable students to attend the school selected under

section 722(g)(3).

‘‘(6) The provision of developmentally appropriate early

childhood education programs, not otherwise provided through

Federal, State, or local funding, for preschool-aged homeless

children.

‘‘(7) The provision of services and assistance to attract, engage, and retain homeless children and youths, and unaccompanied youths, in public school programs and services provided

to nonhomeless children and youths.

‘‘(8) The provision for homeless children and youths of

before- and after-school, mentoring, and summer programs in

which a teacher or other qualified individual provides tutoring,

homework assistance, and supervision of educational activities.

‘‘(9) If necessary, the payment of fees and other costs associated with tracking, obtaining, and transferring records necessary to enroll homeless children and youths in school, including birth certificates, immunization or medical records, academic records, guardianship records, and evaluations for special programs or services.

‘‘(10) The provision of education and training to the parents

of homeless children and youths about the rights of, and resources available to, such children and youths.

‘‘(11) The development of coordination between schools and

agencies providing services to homeless children and youths, as

described in section 722(g)(5).

‘‘(12) The provision of pupil services (including violence prevention counseling) and referrals for such services.

‘‘(13) Activities to address the particular needs of homeless

children and youths that may arise from domestic violence.

‘‘(14) The adaptation of space and purchase of supplies for

any nonschool facilities made available under subsection (a)(2)

to provide services under this subsection.

‘‘(15) The provision of school supplies, including those supplies to be distributed at shelters or temporary housing facilities, or other appropriate locations.

‘‘(16) The provision of other extraordinary or emergency assistance needed to enable homeless children and youths to attend school.

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‘‘SEC. 724. SECRETARIAL RESPONSIBILITIES.

‘‘(a) REVIEW OF STATE PLANS.—In reviewing the State plan submitted by a State educational agency under section 722(g), the Secretary shall use a peer review process and shall evaluate whether

State laws, policies, and practices described in such plan adequately

address the problems of homeless children and youths relating to

access to education and placement as described in such plan.

‘‘(b) TECHNICAL ASSISTANCE.—The Secretary shall provide support and technical assistance to a State educational agency to assist

such agency in carrying out its responsibilities under this subtitle,

if requested by the State educational agency.

‘‘(c) NOTICE.—The Secretary shall, before the next school year

that begins after the date of enactment of the McKinney-Vento

Homeless Education Assistance Improvements Act of 2001, create

and disseminate nationwide a public notice of the educational

rights of homeless children and youths and disseminate such notice

to other Federal agencies, programs, and grantees, including Head

Start grantees, Health Care for the Homeless grantees, Emergency

Food and Shelter grantees, and homeless assistance programs administered by the Department of Housing and Urban Development.

‘‘(d) EVALUATION AND DISSEMINATION.—The Secretary shall

conduct evaluation and dissemination activities of programs designed to meet the educational needs of homeless elementary and

secondary school students, and may use funds appropriated under

section 726 to conduct such activities.

‘‘(e) SUBMISSION AND DISTRIBUTION.—The Secretary shall require applications for grants under this subtitle to be submitted to

the Secretary not later than the expiration of the 60-day period beginning on the date that funds are available for purposes of making

such grants and shall make such grants not later than the expiration of the 120-day period beginning on such date.

‘‘(f) DETERMINATION BY SECRETARY.—The Secretary, based on

the information received from the States and information gathered

by the Secretary under subsection (h), shall determine the extent to

which State educational agencies are ensuring that each homeless

child and homeless youth has access to a free appropriate public

education, as described in section 721(1).

‘‘(g) GUIDELINES.—The Secretary shall develop, issue, and publish in the Federal Register, not later than 60 days after the date

of enactment of the McKinney-Vento Homeless Education Assistance

Improvements Act of 2001, school enrollment guidelines for States

with respect to homeless children and youths. The guidelines shall

describe—

‘‘(1) successful ways in which a State may assist local educational agencies to immediately enroll homeless children and

youths in school; and

‘‘(2) how a State can review the State’s requirements regarding immunization and medical or school records and make

such revisions to the requirements as are appropriate and necessary in order to enroll homeless children and youths in school

immediately.

‘‘(h) INFORMATION.—

‘‘(1) IN GENERAL.—From funds appropriated under section

726, the Secretary shall, directly or through grants, contracts,

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or cooperative agreements, periodically collect and disseminate

data and information regarding—

‘‘(A) the number and location of homeless children and

youths;

‘‘(B) the education and related services such children

and youths receive;

‘‘(C) the extent to which the needs of homeless children

and youths are being met; and

‘‘(D) such other data and information as the Secretary

determines to be necessary and relevant to carry out this

subtitle.

‘‘(2) COORDINATION.—The Secretary shall coordinate such

collection and dissemination with other agencies and entities

that receive assistance and administer programs under this

subtitle.

‘‘(i) REPORT.—Not later than 4 years after the date of enactment

of the McKinney-Vento Homeless Education Assistance Improvements Act of 2001, the Secretary shall prepare and submit to the

President and the Committee on Education and the Workforce of the

House of Representatives and the Committee on Health, Education,

Labor, and Pensions of the Senate a report on the status of education of homeless children and youths, which shall include information on—

‘‘(1) the education of homeless children and youths; and

‘‘(2) the actions of the Secretary and the effectiveness of the

programs supported under this subtitle.

‘‘SEC. 725. DEFINITIONS.

‘‘For purposes of this subtitle:

‘‘(1) The terms ‘enroll’ and ‘enrollment’ include attending

classes and participating fully in school activities.

‘‘(2) The term ‘homeless children and youths’—

‘‘(A) means individuals who lack a fixed, regular, and

adequate nighttime residence (within the meaning of section 103(a)(1)); and

‘‘(B) includes—

‘‘(i) children and youths who are sharing the housing of other persons due to loss of housing, economic

hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack

of alternative adequate accommodations; are living in

emergency or transitional shelters; are abandoned in

hospitals; or are awaiting foster care placement;

‘‘(ii) children and youths who have a primary

nighttime residence that is a public or private place not

designed for or ordinarily used as a regular sleeping

accommodation for human beings (within the meaning

of section 103(a)(2)(C));

‘‘(iii) children and youths who are living in cars,

parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and

‘‘(iv) migratory children (as such term is defined in

section 1309 of the Elementary and Secondary Education Act of 1965) who qualify as homeless for the

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purposes of this subtitle because the children are living

in circumstances described in clauses (i) through (iii). ‘‘(3) The terms ‘local educational agency’ and ‘State educational agency’ have the meanings given such terms in section

9101 of the Elementary and Secondary Education Act of 1965. ‘‘(4) The term ‘Secretary’ means the Secretary of Education. ‘‘(5) The term ‘State’ means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. ‘‘(6) The term ‘unaccompanied youth’ includes a youth not

in the physical custody of a parent or guardian.

‘‘SEC. 726. AUTHORIZATION OF APPROPRIATIONS.

‘‘For the purpose of carrying out this subtitle, there are authorized to be appropriated $70,000,000 for fiscal year 2002 and such

sums as may be necessary for each of fiscal years 2003 through

2007.’’.

SEC. 1033. CONFORMING AMENDMENT.

The table of contents of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 note) is amended so that the items relating to subtitle B of title VII read as follows:

‘‘Subtitle B—Education for Homeless Children and Youths

‘‘Sec. 721. Statement of policy.

‘‘Sec. 722. Grants for State and local activities for the education of homeless children and youths.

‘‘Sec. 723. Local educational agency subgrants for the education of homeless children and youths.

‘‘Sec. 724. Secretarial responsibilities.

‘‘Sec. 725. Definitions.

‘‘Sec. 726. Authorization of appropriations.’’.

SEC. 1034. TECHNICAL AMENDMENT.

(a) IN GENERAL.—Section 1 of Public Law 106–400 (42 U.S.C.

11301) is amended by striking ‘‘Section 1 of’’ and inserting ‘‘Section

101 of’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a)

shall be deemed to be effective on the date of enactment of Public

Law 106–400.

PART D—NATIVE AMERICAN EDUCATION IMPROVEMENT

SEC. 1041. SHORT TITLE.

This part may be cited as the ‘‘Native American Education Improvement Act of 2001’’.

SEC. 1042. AMENDMENTS TO THE EDUCATION AMENDMENTS OF 1978.

Part B of title XI of the Education Amendments of 1978 (25

U.S.C. 2001 et seq.) is amended to read as follows:

‘‘PART B—BUREAU OF INDIAN AFFAIRS PROGRAMS

‘‘SEC. 1120. DECLARATION OF POLICY.

‘‘Congress declares that the Federal Government has the sole responsibility for the operation and financial support of the Bureau

of Indian Affairs funded school system that it has established on or

near Indian reservations and Indian trust lands throughout the Nation for Indian children. It is the policy of the United States to fulfill the Federal Government’s unique and continuing trust relationship with and responsibility to the Indian people for the education

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of Indian children and for the operation and financial support of

the Bureau of Indian Affairs-funded school system to work in full

cooperation with tribes toward the goal of ensuring that the programs of the Bureau of Indian Affairs-funded school system are of

the highest quality and provide for the basic elementary and secondary educational needs of Indian children, including meeting the

unique educational and cultural needs of those children.

‘‘SEC. 1121. ACCREDITATION FOR THE BASIC EDUCATION OF INDIAN

CHILDREN IN BUREAU OF INDIAN AFFAIRS SCHOOLS.

‘‘(a) PURPOSE; DECLARATIONS OF PURPOSE.— ‘‘(1) PURPOSE.—The purpose of the accreditation required

under this section shall be to ensure that Indian students being

served by a school funded by the Bureau of Indian Affairs are

provided with educational opportunities that equal or exceed

those for all other students in the United States. ‘‘(2) DECLARATIONS OF PURPOSE.—Local school boards for

schools operated by the Bureau of Indian Affairs, in cooperation

and consultation with the appropriate tribal governing bodies

and their communities, are encouraged to adopt declarations of

purpose for education for their communities, taking into account the implications of such declarations on education in

their communities and for their schools. In adopting such declarations of purpose, the school boards shall consider the effect

the declarations may have on the motivation of students and

faculties.

‘‘(b) ACCREDITATION.—

‘‘(1) DEADLINE.—

‘‘(A) IN GENERAL.—Not later than 24 months after the

date of enactment of the Native American Education Improvement Act of 2001, each Bureau-funded school shall, to

the extent that necessary funds are provided, be a candidate for accreditation or be accredited— ‘‘(i) by a tribal accrediting body, if the accreditation standards of the tribal accrediting body have been

accepted by formal action of the tribal governing body

and such accreditation is acknowledged by a generally

recognized State certification or regional accrediting

agency;

‘‘(ii) by a regional accreditation agency;

‘‘(iii) by State accreditation standards for the State

in which the Bureau-funded school is located; or

‘‘(iv) in the case of a Bureau-funded school that is

located on a reservation that is located in more than 1

State, in accordance with the State accreditation

standards of 1 State as selected by the tribal government.

‘‘(B) FEASIBILITY STUDY.—Not later than 12 months

after the date of enactment of the Native American Education Improvement Act of 2001, the Secretary of the Interior and the Secretary of Education shall, in consultation

with Indian tribes, Indian education organizations, and accrediting agencies, develop and submit to the appropriate

committees of Congress a report on the desirability and feasibility of establishing a tribal accreditation agency that

would—

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‘‘(i) review and acknowledge the accreditation

standards for Bureau-funded schools; and ‘‘(ii) establish accreditation procedures to facilitate

the application, review of the standards and review

processes, and recognition of qualified and credible

tribal departments of education as accrediting bodies

serving tribal schools. ‘‘(2) DETERMINATION OF ACCREDITATION TO BE APPLIED.— The accreditation type applied for each school shall be determined by the tribal governing body, or the school board, if authorized by the tribal governing body. ‘‘(3) ASSISTANCE TO SCHOOL BOARDS.— ‘‘(A) IN GENERAL.—The Secretary, through contracts

and grants, shall provide technical and financial assistance to Bureau-funded schools, to the extent that necessary

amounts are made available, to enable such schools to obtain the accreditation required under this subsection, if the

school boards request that such assistance, in part or in

whole, be provided. ‘‘(B) ENTITIES THROUGH WHICH ASSISTANCE MAY BE

PROVIDED.—The Secretary may provide such assistance directly or through the Department of Education, an institution of higher education, a private not-for-profit organization or for-profit organization, an educational service agency, or another entity with demonstrated experience in assisting schools in obtaining accreditation.

‘‘(4) APPLICATION OF CURRENT STANDARDS DURING ACCREDI- TATION.—A Bureau-funded school that is seeking accreditation

shall remain subject to the standards issued under section 1121

of the Education Amendments of 1978 and in effect on the day

before the date of enactment of the Native American Education

Improvement Act of 2001 until such time as the school is accredited, except that if any of such standards are in conflict

with the standards of the accrediting agency, the standards of

such agency shall apply in such case.

‘‘(5) ANNUAL REPORT ON UNACCREDITED SCHOOLS.—Not

later than 90 days after the end of each school year, the Secretary shall prepare and submit to the Committee on Appropriations, the Committee on Education and the Workforce, and

the Committee on Resources of the House of Representatives and

the Committee on Appropriations, the Committee on Indian Affairs, and the Committee on Health, Education, Labor, and

Pensions of the Senate, a report concerning unaccredited Bureau-funded schools that— ‘‘(A) identifies those Bureau-funded schools that fail to

be accredited or to be candidates for accreditation within

the period provided for in paragraph (1); ‘‘(B) with respect to each Bureau-funded school identified under subparagraph (A), identifies the reasons that

each such school is not accredited or a candidate for accreditation, as determined by the appropriate accreditation

agency, and a description of any possible way in which to

remedy such nonaccreditation; and

‘‘(C) with respect to each Bureau-funded school for

which the reported reasons for the lack of accreditation

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under subparagraph (B) are a result of the school’s inadequate basic resources, contains information and funding

requests for the full funding needed to provide such schools

with accreditation, such funds if provided shall be applied

to such unaccredited school under this paragraph.

‘‘(6) OPPORTUNITY TO REVIEW AND PRESENT EVIDENCE.— ‘‘(A) IN GENERAL.—Prior to including a Bureau-funded

school in an annual report required under paragraph (5),

the Secretary shall— ‘‘(i) ensure that the school has exhausted all administrative remedies provided by the accreditation

agency; and ‘‘(ii) provide the school with an opportunity to review the data on which such inclusion is based.

‘‘(B) PROVISION OF ADDITIONAL INFORMATION.—If the

school board of a school that the Secretary has proposed for

inclusion in an annual report under paragraph (5) believes

that such inclusion is in error, the school board may provide to the Secretary such information as the board believes

is in conflict with the information and conclusions of the

Secretary with respect to the determination to include the

school in such annual report. The Secretary shall consider

such information provided by the school board before making a final determination concerning the inclusion of the

school in any such report. ‘‘(C) PUBLICATION OF ACCREDITATION STATUS.—Not

later than 30 days after making an initial determination to

include a school in an annual report under paragraph (5),

the Secretary shall make public the final determination on

the accreditation status of the school.

‘‘(7) SCHOOL PLAN.— ‘‘(A) IN GENERAL.—Not later than 120 days after the

date on which a school is included in an annual report

under paragraph (5), the school shall develop a school

plan, in consultation with interested parties including parents, school staff, the school board, and other outside experts (if appropriate), that shall be submitted to the Secretary for approval. The school plan shall cover a 3-year period and shall— ‘‘(i) incorporate strategies that address the specific

issues that caused the school to fail to be accredited or

fail to be a candidate for accreditation; ‘‘(ii) incorporate policies and practices concerning

the school that have the greatest likelihood of ensuring

that the school will obtain accreditation during the 3-

year period beginning on the date on which the plan is

implemented; ‘‘(iii) contain an assurance that the school will reserve the necessary funds, from the funds described in

paragraph (3), for each fiscal year for the purpose of

obtaining accreditation;

‘‘(iv) specify how the funds described in clause (iii)

will be used to obtain accreditation;

‘‘(v) establish specific annual, objective goals for

measuring continuous and significant progress made

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by the school in a manner that will ensure the accreditation of the school within the 3-year period described

in clause (ii); ‘‘(vi) identify how the school will provide written

notification about the lack of accreditation to the parents of each student enrolled in such school, in a format and, to the extent practicable, in a language the

parents can understand; and ‘‘(vii) specify the responsibilities of the school board

and any assistance to be provided by the Secretary

under paragraph (3).

‘‘(B) IMPLEMENTATION.—A school shall implement the

school plan under subparagraph (A) expeditiously, but in

no event later than the beginning of the school year following the school year in which the school was included in

the annual report under paragraph (5) so long as the necessary resources have been provided to the school. ‘‘(C) REVIEW OF PLAN.—Not later than 45 days after receiving a school plan, the Secretary shall— ‘‘(i) establish a peer-review process to assist with

the review of the plan; and ‘‘(ii) promptly review the school plan, work with

the school as necessary, and approve the school plan if

the plan meets the requirements of this paragraph. ‘‘(8) CORRECTIVE ACTION.— ‘‘(A) DEFINITION.—In this subsection, the term ‘corrective action’ means any action that— ‘‘(i) substantially and directly responds to— ‘‘(I) the failure of a school to achieve accreditation; and ‘‘(II) any underlying staffing, curriculum, or

other programmatic problem in the school that

contributed to the lack of accreditation; and

‘‘(ii) is designed to increase substantially the likelihood that the school will be accredited.

‘‘(B) WAIVER.—The Secretary shall grant a waiver

which shall exempt a school from any or all of the requirements of this paragraph and paragraph (7) (though such

school shall be required to comply with the standards contained in part 36 of title 25, Code of Federal Register, as

in effect on the date of enactment of the Native American

Education Improvement Act of 2001) if the school— ‘‘(i) is identified in the report described in paragraph (5)(C); and ‘‘(ii) fails to be accredited for reasons that are beyond the control of the school board, as determined by

the Secretary, including, but not limited to— ‘‘(I) a significant decline in financial resources;

‘‘(II) the poor condition of facilities, vehicles, or

other property; and

‘‘(III) a natural disaster.

‘‘(C) DUTIES OF SECRETARY.—After providing assistance to a school under paragraph (3), the Secretary shall— ‘‘(i) annually review the progress of the school

under the applicable school plan to determine whether

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the school is meeting, or making adequate progress towards, achieving the goals described in paragraph

(7)(A)(v) with respect to reaccreditation or becoming a

candidate for accreditation; ‘‘(ii) except as provided in subparagraph (B), continue to provide assistance while implementing the

school’s plan, and, if determined appropriate by the

Secretary, take corrective action with respect to the

school if it fails to be accredited at the end of the third

full year immediately following the date that the

school’s plan was first in effect under paragraph (7); ‘‘(iii) provide all students enrolled in a school that

is eligible for a corrective action determination by the

Secretary under clause (ii) with the option to transfer

to another public or Bureau-funded school, including a

public charter school, that is accredited; ‘‘(iv) promptly notify the parents of children enrolled in a school that is eligible for a corrective action

determination by the Secretary under clause (ii) of the

option to transfer their child to another public or Bureau-funded school; and ‘‘(v) provide, or pay for the provision of, transportation for each student described in clause (iii) to the

school described in clause (iii) to which the student

elects to be transferred to the extent funds are available, as determined by the tribal governing body.

‘‘(D) FAILURE OF SCHOOL PLAN OF BUREAU-OPERATED

SCHOOL.—With respect to a Bureau-operated school that

fails to be accredited at the end of the third full year immediately following the date that the school’s plan was first

in effect under paragraph (7), the Secretary may take 1 or

more of the following corrective actions: ‘‘(i) Institute and fully implement actions suggested

by the accrediting agency.

‘‘(ii) Consult with the tribe involved to determine

the causes for the lack of accreditation including potential staffing and administrative changes that are or

may be necessary.

‘‘(iii) Set aside a certain amount of funds that may

only be used by the school to obtain accreditation.

‘‘(iv)(I) Provide the tribe with a 60-day period during which to determine whether the tribe desires to operate the school as a contract or grant school before

meeting the accreditation requirements in section

5207(c) of the Tribally Controlled Schools Act of 1988

at the beginning of the next school year following the

determination to take corrective action. If the tribe

agrees to operate the school as a contract or grant

school, the tribe shall prepare a plan, pursuant to

paragraph (7), for approval by the Secretary in accordance with paragraph (7), to achieve accreditation.

‘‘(II) If the tribe declines to assume control of the

school, the Secretary, in consultation with the tribe,

may contract with an outside entity, consistent with

applicable law, or appoint a receiver or trustee to operVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00601 Fmt 6659 Sfmt 6603 E:\HR\OC\A334HR.250 pfrm07 PsN: A334HR
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ate and administer the affairs of the school until the

school is accredited. The outside entity, receiver, or

trustee shall prepare a plan, pursuant to paragraph

(7), for approval by the Secretary in accordance with

paragraph (7). ‘‘(III) Upon accreditation of the school, the Secretary shall allow the tribe to continue to operate the

school as a grant or contract school, or if the school is

being controlled by an outside entity, provide the tribe

with the option to assume operation of the school as a

contract school, in accordance with the Indian Self-Determination Act, or as a grant school in accordance

with the Tribally Controlled Schools Act of 1988, at the

beginning of the school year following the school year

in which the school obtains accreditation. If the tribe

declines, the Secretary may allow the outside entity, receiver, or trustee to continue the operation of the school

or reassume control of the school.

‘‘(E) FAILURE OF SCHOOL PLAN OF CONTRACT OR GRANT

SCHOOL.—

‘‘(i) CORRECTIVE ACTION.—With respect to a contract or grant school that fails to be accredited at the

end of the third full year immediately following the

date that the school’s plan was first in effect under

paragraph (7), the Secretary may take 1 or more of the

corrective actions described in subparagraph (D)(i) and

(D)(ii). The Secretary shall implement such corrective

action for at least 1 year prior to taking any action described under clause (ii). ‘‘(ii) OUTSIDE ENTITY.—If the corrective action described in clause (i) does not result in accreditation of

the school, the Secretary, in conjunction with the tribal

governing body, may contract with an outside entity to

operate the school in order to achieve accreditation of

the school within 2 school years. Prior to entering into

such a contract, the Secretary shall develop a proposal

for such operation which shall include, at a minimum,

the following elements:

‘‘(I) The identification of 1 or more outside entities each of which has demonstrated to the Secretary its ability to develop a satisfactory plan for

achieving accreditation and its willingness and

availability to undertake such a plan.

‘‘(II) A plan for implementing operation of the

school by such an outside entity, including the

methodology for oversight and evaluation of the

performance of the outside entity by the Secretary

and the tribe.

‘‘(iii) PROPOSAL AMENDMENTS.—The tribal governing body shall have 60 days to amend the plan developed pursuant to clause (ii), including identifying

another outside entity to operate the school. The Secretary shall reach agreement with the tribal governing

body on the proposal and any such amendments to the

plan not later than 30 days after the expiration of the

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60 day period described in the preceding sentence.

After the approval of the proposal and any amendments, the Secretary, with continuing consultation with

such tribal governing body, shall implement the proposal. ‘‘(iv) ACCREDITATION.—Upon accreditation of the

school, the tribe shall have the option to assume the operation and administration of the school as a contract

school after complying with the Indian Self-Determination Act, or as a grant school, after complying with the

Tribally Controlled Schools Act of 1988, at the beginning of the school year following the year in which the

school obtains accreditation. ‘‘(v) RETROCEDE.—Nothing in this subparagraph

shall limit a tribe’s right to retrocede operation of a

school to the Secretary pursuant to section 105(e) of the

Indian Self-Determination Act (with respect to a contract school) or section 5204(f) of the Tribally Controlled Schools Act of 1988 (with respect to a grant

school). ‘‘(vi) CONSISTENT.—The provisions of this subparagraph shall be construed to be consistent with the provisions of the Tribally Controlled Schools Act of 1988

and the Indian Self-Determination Act as in effect on

the day before the date of enactment of the Native

American Education Improvement Act of 2001, and

shall not be construed as expanding the authority of

the Secretary under any other law.

‘‘(F) HEARING.—With respect to a school that is operated pursuant to a grant, or a school that is operated under

a contract under the Indian Self-Determination Act, prior

to implementing any corrective action under this paragraph, the Secretary shall provide notice and an opportunity for a hearing to the affected school pursuant to section 5207 of the Tribally Controlled Schools Act of 1988.

‘‘(9) STATUTORY CONSTRUCTION.—Nothing in this section

shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded to school employees under applicable law (including applicable regulations or court orders) or

under the terms of any collective bargaining agreement, memorandum of understanding, or other agreement between such employees and their employers. ‘‘(10) FISCAL CONTROL AND FUND ACCOUNTING STANDARDS.—The Bureau shall, either directly or through contract

with an Indian organization, establish a consistent system of

reporting standards for fiscal control and fund accounting for

all contract and grant schools. Such standards shall provide

data comparable to those used by Bureau-operated schools.

‘‘(c) ANNUAL PLAN.— ‘‘(1) IN GENERAL.—Except as provided in subsection (b), the

Secretary shall implement the standards in effect under this

section on the day before the date of enactment of the Native

American Education Improvement Act of 2001. ‘‘(2) PLAN.—On an annual basis, the Secretary shall submit

to the appropriate committees of Congress, all Bureau-funded

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schools, and the tribal governing bodies of such schools a detailed plan to ensure that all Bureau-funded schools are accredited, or if such schools are in the process of obtaining accreditation that such schools meet the Bureau standards in effect on

the day before the date of enactment of the Native American

Education Improvement Act of 2001 to the extent that such

standards do not conflict with the standards of the accrediting

agency. Such plan shall include detailed information on the

status of each school’s educational program in relation to the

applicable standards, specific cost estimates for meeting such

standards at each school, and specific timelines for bringing

each school up to the level required by such standards.

‘‘(d) CLOSURE OR CONSOLIDATION OF SCHOOLS.— ‘‘(1) IN GENERAL.—Except as specifically required by law— ‘‘(A) no Bureau-funded school or dormitory operated on

or after January 1, 1992, may be closed, consolidated, or

transferred to another authority; and ‘‘(B) no program of such a school may be substantially

curtailed except in accordance with the requirements of this

subsection.

‘‘(2) EXCEPTIONS.—This subsection (other than this paragraph) shall not apply— ‘‘(A) in those cases in which the tribal governing body

for a school, or the local school board concerned (if designated by the tribal governing body to act under this paragraph), requests the closure, consolidation, or substantial

curtailment; or ‘‘(B) if a temporary closure, consolidation, or substantial curtailment is required by facility conditions that constitute an immediate hazard to health and safety.

‘‘(3) REGULATIONS.—The Secretary shall, by regulation,

promulgate standards and procedures for the closure, transfer

to another authority, consolidation, or substantial curtailment

of Bureau schools, in accordance with the requirements of this

subsection.

‘‘(4) NOTICE.— ‘‘(A) IN GENERAL.—In a case in which closure, transfer

to another authority, consolidation, or substantial curtailment of a school is under active consideration or review by

any division of the Bureau or the Department of the Interior, the affected tribe, tribal governing body, and designated local school board will be notified immediately in

writing, kept fully and currently informed, and afforded an

opportunity to comment with respect to such consideration

or review. ‘‘(B) DECISION TO CLOSE.—If a formal decision is made

to close, transfer to another authority, consolidate, or substantially curtail a school, the affected tribe, tribal governing body, and designated school board shall be notified

not later than 180 days before the end of the school year

preceding the proposed closure date. ‘‘(C) COPIES.—Copies of any such notices and information shall be— ‘‘(i) submitted promptly to the appropriate committees of Congress; and

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‘‘(ii) published in the Federal Register. ‘‘(5) REPORT.—The Secretary shall submit to the appropriate committees of Congress, the affected tribe, and the designated school board, a report describing the process of the active consideration or review referred to in paragraph (4) that

includes—

‘‘(A) a study of the impact of such action on the student

population; ‘‘(B) a description of those students with particular

educational and social needs; ‘‘(C) recommendations to ensure that alternative services are available to such students; and ‘‘(D) a description of the consultation conducted between the potential service provider, current service provider, parents, tribal representatives and the tribe or tribes

involved, and the Director of the Office of Indian Education

Programs within the Bureau regarding such students.

‘‘(6) LIMITATION ON CERTAIN ACTIONS.—No irrevocable action may be taken in furtherance of any such proposed school

closure, transfer to another authority, consolidation, or substantial curtailment (including any action which would prejudice

the personnel or programs of such school) prior to the end of the

first full academic year after such report is made. ‘‘(7) TRIBAL GOVERNING BODY APPROVAL REQUIRED FOR CER- TAIN ACTIONS.—The Secretary may, with the approval of the

tribal governing body, terminate, contract, transfer to any other

authority, consolidate, or substantially curtail the operation or

facilities of—‘‘(A) any Bureau-funded school that is operated on or

after of January 1, 1999; ‘‘(B) any program of such a school that is operated on

or after January 1, 1999; or ‘‘(C) any school board of a school operated under a

grant under the Tribally Controlled Schools Act of 1988.

‘‘(e) APPLICATION FOR CONTRACTS OR GRANTS FOR NON-BU- REAU-FUNDED SCHOOLS OR EXPANSION OF BUREAU-FUNDED

SCHOOLS.—

‘‘(1) REVIEW BY SECRETARY.— ‘‘(A) CONSIDERATION OF FACTORS.— ‘‘(i) IN GENERAL.—The Secretary shall consider

only the factors described in subparagraph (B) in

reviewing—

‘‘(I) applications from any tribe for the awarding of a contract or grant for a school that is not

a Bureau-funded school; and

‘‘(II) applications from any tribe or school

board of any Bureau-funded school for—

‘‘(aa) a school which is not a Bureau-funded school; or ‘‘(bb) the expansion of a Bureau-funded

school which would increase the amount of

funds received by the Indian tribe or school

board under section 1127. ‘‘(ii) NO DENIAL BASED ON GEOGRAPHIC PROXIMITY.—With respect to applications described in this

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subparagraph, the Secretary shall give consideration to

all factors described in subparagraph (B), but no such

application shall be denied based primarily upon the

geographic proximity of comparable public education.

‘‘(B) FACTORS.—With respect to applications described

in subparagraph (A), the Secretary shall consider the following factors relating to the program and services that are

the subject of the application:

‘‘(i) The adequacy of the facilities or the potential

to obtain or provide adequate facilities.

‘‘(ii) Geographic and demographic factors in the affected areas.

‘‘(iii) The adequacy of the applicant’s program

plans or, in the case of a Bureau-funded school, of projected needs analysis done either by the tribe or the Bureau.

‘‘(iv) Geographic proximity of comparable public

education.

‘‘(v) The stated needs of all affected parties, including students, families, tribal governments at both the

central and local levels, and school organizations.

‘‘(vi) Adequacy and comparability of programs already available.

‘‘(vii) Consistency of available programs with tribal

educational codes or tribal legislation on education.

‘‘(viii) The history and success of those services for

the proposed population to be served, as determined

from all factors, including standardized examination

performance.

‘‘(2) DETERMINATION ON APPLICATION.—

‘‘(A) IN GENERAL.—Not later than 180 days after the

date on which an application described in paragraph (1)(A)

is submitted to the Secretary, the Secretary shall make a

determination of whether to approve the application.

‘‘(B) FAILURE TO MAKE DETERMINATION.—If the Secretary fails to make a determination with respect to an application by the date described in subparagraph (A), the application shall be deemed to have been approved by the Secretary.

‘‘(3) REQUIREMENTS FOR APPLICATIONS.—

‘‘(A) IN GENERAL.—Notwithstanding paragraph (2)(B),

an application described in paragraph (1)(A) may be approved by the Secretary only if—

‘‘(i) the application has been approved by the tribal

governing body of the students served by (or to be

served by) the school or program that is the subject of

the application; and

‘‘(ii) written evidence of such approval is submitted

with the application.

‘‘(B) INCLUDED INFORMATION.—Each application described in paragraph (1)(A) shall include information concerning each of the factors described in paragraph (1)(B).

‘‘(4) DENIAL OF APPLICATIONS.—If the Secretary denies an

application described in paragraph (1)(A), the Secretary shall—

603

‘‘(A) state the objections to the application in writing to

the applicant not later than 180 days after the date the application is submitted to the Secretary;

‘‘(B) provide assistance to the applicant to overcome the

stated objections;

‘‘(C) provide to the applicant a hearing on the record

regarding the denial, under the same rules and regulations

as apply under the Indian Self-Determination and Education Assistance Act; and

‘‘(D) provide to the applicant a notice of the applicant’s

appeals rights and an opportunity to appeal the decision

resulting from the hearing under subparagraph (D).

‘‘(5) EFFECTIVE DATE OF A SUBJECT APPLICATION.—

‘‘(A) IN GENERAL.—Except as otherwise provided in this

paragraph, an action that is the subject of any application

described in paragraph (1)(A) that is approved by the Secretary shall become effective—

‘‘(i) at the beginning of the academic year following

the fiscal year in which the application is approved; or

‘‘(ii) at an earlier date determined by the Secretary.

‘‘(B) APPLICATIONS DEEMED APPROVED.—If an application is deemed to have been approved by the Secretary

under paragraph (2)(B), the action that is the subject of the

application shall become effective—

‘‘(i) on the date that is 18 months after the date on

which the application is submitted to the Secretary; or

‘‘(ii) at an earlier date determined by the Secretary.

‘‘(6) STATUTORY CONSTRUCTION.—Nothing in this section or

any other provision of law, shall be construed to preclude the

expansion of grades and related facilities at a Bureau-funded

school, if such expansion is paid for with non-Bureau funds.

Subject to the availability of appropriated funds the Secretary

is authorized to provide the necessary funds needed to supplement the cost of operations and maintenance of such expansion.

‘‘(f) JOINT ADMINISTRATION.—Administrative, transportation,

and program cost funds received by Bureau-funded schools, and

any program from the Department of Education or any other Federal agency for the purpose of providing education or related services, and other funds received for such education and related services from nonfederally funded programs, shall be apportioned and

the funds shall be retained at the school.

‘‘(g) GENERAL USE OF FUNDS.—Funds received by Bureau-funded schools from the Bureau of Indian Affairs, and under any program from the Department of Education or any other Federal agency, for the purpose of providing education or related services may

be used for schoolwide projects to improve the educational program

for all Indian students.

‘‘(h) STUDY ON ADEQUACY OF FUNDS AND FORMULAS.—

‘‘(1) STUDY.—The Comptroller General of the United States

shall conduct a study to determine the adequacy of funding,

and formulas used by the Bureau to determine funding, for programs operated by Bureau-funded schools, taking into account

unique circumstances applicable to Bureau-funded schools. The

study shall analyze existing information gathered and conVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00607 Fmt 6659 Sfmt 6603 E:\HR\OC\A334HR.253 pfrm07 PsN: A334HR
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tained in germane studies that have been conducted or are currently being conducted with regard to Bureau-funded schools.

‘‘(2) ACTION.—Upon completion of the study, the Secretary

of the Interior shall take such action as necessary to ensure distribution of the findings of the study to all affected Indian

tribes, local school boards, and associations of local school

boards.

‘‘SEC. 1122. NATIONAL CRITERIA FOR HOME-LIVING SITUATIONS.

‘‘(a) REVISION OF STANDARDS.—

‘‘(1) IN GENERAL.—The Secretary, in consultation with the

Secretary of Education, Indian organizations and tribes, and

Bureau-funded schools, shall revise the national standards for

home-living (dormitory) situations to include such factors as

heating, lighting, cooling, adult-child ratios, needs for counselors (including special needs related to off-reservation homeliving (dormitory) situations), therapeutic programs, space, and

privacy.

‘‘(2) IMPLEMENTATION.—Such standards shall be implemented in Bureau-operated schools, and shall serve as minimum standards for contract or grant schools.

‘‘(3) REVISION AFTER ESTABLISHMENT.—Once established,

any revisions of such standards shall be developed according to

the requirements established under section 1137.

‘‘(b) IMPLEMENTATION.—The Secretary shall implement the revised standards established under this section immediately upon

completion of the standards.

‘‘(c) PLAN.—

‘‘(1) IN GENERAL.—The Secretary shall submit to the appropriate committees of Congress, the tribes, and the affected

schools, and publish in the Federal Register, a detailed plan to

bring all Bureau-funded schools that provide home-living (dormitory) situations up to the standards established under this

section.

‘‘(2) COMPONENTS OF PLAN.—The plan described in paragraph (1) shall include—

‘‘(A) a statement of the relative needs of each Bureaufunded home-living (dormitory) school;

‘‘(B) projected future needs of each Bureau-funded

home-living (dormitory) school;

‘‘(C) detailed information on the status of each school

in relation to the standards established under this section;

‘‘(D) specific cost estimates for meeting each standard

for each such school;

‘‘(E) aggregate cost estimates for bringing all such

schools into compliance with the criteria established under

this section; and

‘‘(F) specific timelines for bringing each school into

compliance with such standards.

‘‘(d) WAIVER.—

‘‘(1) IN GENERAL.—A tribal governing body or local school

board may, in accordance with this subsection, waive the standards established under this section for a school described in

subsection (a).

‘‘(2) INAPPROPRIATE STANDARDS.—

605

‘‘(A) IN GENERAL.—A tribal governing body, or the local

school board so designated by the tribal governing body,

may waive, in whole or in part, the standards established

under this section if such standards are determined by

such body or board to be inappropriate for the needs of students from that tribe.

‘‘(B) ALTERNATIVE STANDARDS.—The tribal governing

body or school board involved shall, not later than 60 days

after providing a waiver under subparagraph (A) for a

school, submit to the Director a proposal for alternative

standards that take into account the specific needs of the

tribe’s children. Such alternative standards shall be established by the Director for the school involved unless specifically rejected by the Director for good cause and in writing

provided to the affected tribes or local school board.

‘‘(e) CLOSURE FOR FAILURE TO MEET STANDARDS PROHIBITED.—No school in operation on or before July 1, 1999 (regardless

of compliance or noncompliance with the standards established

under this section), may be closed, transferred to another authority,

or consolidated, and no program of such a school may be substantially curtailed, because the school failed to meet such standards.

‘‘SEC. 1123. CODIFICATION OF REGULATIONS.

‘‘(a) PART 32 OF TITLE 25, CODE OF FEDERAL REGULATIONS.—

The provisions of part 32 of title 25, Code of Federal Regulations,

as in effect on January 1, 1987, are incorporated into this Act and

shall be treated as though such provisions are set forth in this subsection. Such provisions may be altered only by means of an Act of

Congress. To the extent that such provisions of part 32 do not conform with this Act or any statutory provision of law enacted before

November 1, 1978, the provisions of this Act and the provisions of

such other statutory law shall govern.

‘‘(b) DEFINITION OF REGULATION.—In this section, the term ‘regulation’ means any rule, regulation, guideline, interpretation, order,

or requirement of general applicability prescribed by any officer or

employee of the executive branch.

‘‘SEC. 1124. SCHOOL BOUNDARIES.

‘‘(a) ESTABLISHMENT BY SECRETARY.—The Secretary shall establish, by regulation, separate geographical attendance areas for

each Bureau-funded school.

‘‘(b) ESTABLISHMENT BY TRIBAL BODY.—In any case where there

is more than one Bureau-funded school located on an Indian reservation, at the direction of the tribal governing body, the relevant

school boards of the Bureau-funded schools on the reservation may,

by mutual consent, establish the relevant attendance areas for such

schools, subject to the approval of the tribal governing body. Any

such boundaries so established shall be accepted by the Secretary.

‘‘(c) BOUNDARY REVISIONS.—

‘‘(1) NOTICE.—On or after July 1, 2001, no geographical attendance area shall be revised or established with respect to

any Bureau-funded school unless the tribal governing body or

the local school board concerned (if so designated by the tribal

governing body) has been afforded— ‘‘(A) at least 6 months notice of the intention of the Bureau to revise or establish such attendance area; and

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‘‘(B) the opportunity to propose alternative boundaries.

‘‘(2) REVISION PROCESS.—Any tribe may petition the Secretary for revision of existing attendance area boundaries. The

Secretary shall accept such proposed alternative or revised

boundaries unless the Secretary finds, after consultation with

the affected tribe or tribes, that such revised boundaries do not

reflect the needs of the Indian students to be served or do not

provide adequate stability to all of the affected programs. The

Secretary shall cause such revisions to be published in the Federal Register.

‘‘(3) TRIBAL RESOLUTION DETERMINATION.—Nothing in this

section shall deny a tribal governing body the authority, on a

continuing basis, to adopt a tribal resolution allowing parents

the choice of the Bureau-funded school their children may attend, regardless of the attendance boundaries established under

this section.

‘‘(d) FUNDING RESTRICTIONS.—

‘‘(1) IN GENERAL.—The Secretary shall not deny funding to

a Bureau-funded school for any eligible Indian student attending the school solely because that student’s home or domicile is

outside of the geographical attendance area established for that

school under this section.

‘‘(2) TRANSPORTATION.—No funding shall be made available without tribal authorization to enable a school to provide

transportation for any student to or from the school and a location outside the approved attendance area of the school.

‘‘(e) RESERVATION AS BOUNDARY.—When there is only 1 Bureaufunded program located on an Indian reservation—

‘‘(1) the attendance area for the program shall be the

boundaries (established by treaty, agreement, legislation, court

decisions, or executive decisions and as accepted by the tribe) of

the reservation served; and

‘‘(2) those students residing near the reservation shall also

receive services from such program.

‘‘(f) OFF-RESERVATION HOME-LIVING (DORMITORY) SCHOOLS.—

‘‘(1) IN GENERAL.—Notwithstanding any geographical attendance areas, attendance at off-reservation home-living (dormitory) schools shall include students requiring special emphasis programs to be implemented at each off-reservation homeliving (dormitory) school.

‘‘(2) COORDINATION.—Such attendance shall be coordinated

between education line officers, the family, and the referring

and receiving programs.

‘‘SEC. 1125. FACILITIES CONSTRUCTION.

‘‘(a) NATIONAL SURVEY OF FACILITIES CONDITIONS.—

‘‘(1) IN GENERAL.—Not later than 12 months after the date

of enactment of the Native American Education Improvement

Act of 2001, the General Accounting Office shall compile, collect, and secure the data that are needed to prepare a national

survey of the physical conditions of all Bureau-funded school

facilities.

‘‘(2) DATA AND METHODOLOGIES.—In preparing the national

survey required under paragraph (1), the General Accounting

Office shall use the following data and methodologies:

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‘‘(A) The existing Department of Defense formula for

determining the condition and adequacy of Department of

Defense facilities. ‘‘(B) Data related to conditions of Bureau-funded

schools that has previously been compiled, collected, or secured from whatever source derived so long as the data are

accurate, relevant, timely, and necessary to the survey. ‘‘(C) The methodologies of the American Institute of Architects, or other accredited and reputable architecture or

engineering associations.

‘‘(3) CONSULTATIONS.— ‘‘(A) IN GENERAL.—In carrying out the survey required

under paragraph (1), the General Accounting Office shall,

to the maximum extent practicable, consult (and if necessary contract) with national, regional, and tribal Indian

education organizations to ensure that a complete and accurate national survey is achieved. ‘‘(B) REQUESTS FOR INFORMATION.—All Bureau-funded

schools shall comply with reasonable requests for information by the General Accounting Office and shall respond to

such requests in a timely fashion.

‘‘(4) SUBMISSION.—Not later than 2 years after the date of

enactment of the Native American Education Improvement Act

of 2001, the General Accounting Office shall submit the results

of the national survey conducted under paragraph (1) to the

Committee on Indian Affairs, the Committee on Health, Education, Labor, and Pensions, and the Committee on Appropriations of the Senate and the Committee on Resources, the Committee on Education and the Workforce, and the Committee on

Appropriations of the House of Representatives and to the Secretary. The Secretary shall submit the results of the national

survey to school boards of Bureau-funded schools and their respective tribes. ‘‘(5) NEGOTIATED RULEMAKING COMMITTEE.—

‘‘(A) IN GENERAL.—Not later than 6 months after the

date on which the submission is made under paragraph

(4), the Secretary shall establish a negotiated rulemaking

committee pursuant to section 1138(b)(3). The negotiated

rulemaking committee shall prepare and submit to the Secretary the following: ‘‘(i) A catalog of the condition of school facilities at

all Bureau-funded schools that— ‘‘(I) incorporates the findings from the General

Accounting Office study evaluating and comparing

school systems of the Department of Defense and

the Bureau of Indian Affairs; ‘‘(II) rates such facilities with respect to the

rate of deterioration and useful life of structures

and major systems; ‘‘(III) establishes a routine maintenance schedule for each facility;

‘‘(IV) identifies the complementary educational

facilities that do not exist but that are needed; and

‘‘(V) makes projections on the amount of funds

needed to keep each school viable, consistent with

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the accreditation standards required pursuant to

this Act.

‘‘(ii) A school replacement and new construction report that determines replacement and new construction

need, and a formula for the equitable distribution of

funds to address such need, for Bureau-funded schools.

Such formula shall utilize necessary factors in determining an equitable distribution of funds, including— ‘‘(I) the size of school;

‘‘(II) school enrollment;

‘‘(III) the age of the school;

‘‘(IV) the condition of the school;

‘‘(V) environmental factors at the school; and

‘‘(VI) school isolation. ‘‘(iii) A renovation repairs report that determines

renovation need (major and minor), and a formula for

the equitable distribution of funds to address such

need, for Bureau-funded schools. Such report shall

identify needed repairs or renovations with respect to a

facility, or a part of a facility, or the grounds of the facility, to remedy a need based on disabilities access or

health and safety changes to a facility. The formula developed shall utilize necessary factors in determining

an equitable distribution of funds, including the factors described in clause (ii).

‘‘(B) SUBMISSION OF REPORTS.—Not later than 24

months after the negotiated rulemaking committee is established under subparagraph (A), the reports described in

clauses (ii) and (iii) of subparagraph (A) shall be submitted

to the committees of Congress referred to in paragraph (4),

the national and regional Indian education organizations,

and to all school boards of Bureau-funded schools and

their respective tribes.

‘‘(6) FACILITIES INFORMATION SYSTEMS SUPPORT DATABASE.—The Secretary shall develop a Facilities Information

Systems Support Database to maintain and update the information contained in the reports under clauses (ii) and (iii) of

paragraph (5)(A) and the information contained in the survey

conducted under paragraph (1). The system shall be updated

every 3 years by the Bureau of Indian Affairs and monitored by

General Accounting Office, and shall be made available to

school boards of Bureau-funded schools and their respective

tribes, and Congress.

‘‘(b) COMPLIANCE WITH HEALTH AND SAFETY STANDARDS.—

‘‘(1) IN GENERAL.—The Secretary shall immediately begin to

bring all schools, dormitories, and other Indian education-related facilities operated by the Bureau or under contract or

grant with the Bureau, into compliance with—

‘‘(A) all applicable tribal, Federal, or State health and

safety standards, whichever provides greater protection (except that the tribal standards to be applied shall be no

greater than any otherwise applicable Federal or State

standards); ‘‘(B) section 504 of the Rehabilitation Act of 1973; and

‘‘(C) the Americans with Disabilities Act of 1990.

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‘‘(2) NO TERMINATION REQUIRED.—Nothing in this subsection requires termination of the operations of any facility

that— ‘‘(A) does not comply with the provisions and standards

described in paragraph (1); and ‘‘(B) is in use on the date of enactment of the Native

American Education Improvement Act of 2001. ‘‘(c) COMPLIANCE PLAN.—At the time that the annual budget request for Bureau educational services is presented, the Secretary

shall submit to the appropriate committees of Congress a detailed

plan to bring all facilities covered under subsection (a) into compliance with the standards referred to in that subsection that

includes—

‘‘(1) detailed information on the status of each facility’s

compliance with such standards; ‘‘(2) specific cost estimates for meeting such standards at

each school; and ‘‘(3) specific timelines for bringing each school into compliance with such standards.

‘‘(d) CONSTRUCTION PRIORITIES.— ‘‘(1) SYSTEM TO ESTABLISH PRIORITIES.—On an annual

basis, the Secretary shall submit to the appropriate committees

of Congress and cause to be published in the Federal Register,

the system used to establish priorities for replacement and construction projects for Bureau-funded schools and home-living

schools, including boarding schools and dormitories. At the

time any budget request for education is presented, the Secretary shall publish in the Federal Register and submit with

the budget request the current list of all Bureau-funded school

construction priorities. ‘‘(2) LONG-TERM CONSTRUCTION AND REPLACEMENT LIST.— In addition to the plan submitted under subsection (c), the Secretary shall— ‘‘(A) not later than 18 months after the date of enactment of the Native American Education Improvement Act

of 2001, establish a long-term construction and replacement

list for all Bureau-funded schools;

‘‘(B) using the list prepared under subparagraph (A),

propose a list for the orderly replacement of all Bureaufunded education-related facilities over a period of 40 years

to enable planning and scheduling of budget requests;

‘‘(C) cause the list prepared under subsection (B) to be

published in the Federal Register and allow a period of not

less than 120 days for public comment;

‘‘(D) make such revisions to the list prepared under

subparagraph (B) as are appropriate based on the comments received; and

‘‘(E) cause the final list to be published in the Federal

Register.

‘‘(3) EFFECT ON OTHER LIST.—Nothing in this section shall

interfere with or change in any way the construction priority

list as it existed on the day before the date of enactment of the

Native American Education Improvement Act of 2001.

‘‘(e) HAZARDOUS CONDITION AT BUREAU-FUNDED SCHOOL.—

‘‘(1) CLOSURE, CONSOLIDATION, OR CURTAILMENT.—

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‘‘(A) IN GENERAL.—A Bureau-funded school may be

closed or consolidated, or the programs of a Bureau-funded

school may be substantially curtailed, by reason of facility

conditions that constitute an immediate hazard to health

and safety only if a health and safety officer of the Bureau

and an individual designated at the beginning of the school

year by the tribe involved under subparagraph (B) determine that such conditions exist at a facility of the Bureaufunded school. ‘‘(B) DESIGNATION OF INDIVIDUAL BY TRIBE.—To be designated by a tribe for purposes of subparagraph (A), an individual shall— ‘‘(i) be a licensed or certified facilities safety inspector; ‘‘(ii) have demonstrated experience in the inspection of facilities for health and safety purposes with respect to occupancy; or ‘‘(iii) have a significant educational background in

the health and safety of facilities with respect to occupancy.

‘‘(C) INSPECTION.—After making a determination described in subparagraph (A), the Bureau health and safety

officer and the individual designated by the tribe shall conduct an inspection of the conditions of such facility in order

to determine whether conditions at such facility constitute

an immediate hazard to health and safety. Such inspection

shall be completed as expeditiously as practicable, but not

later than 20 days after the date on which the action described in subparagraph (A) is taken. ‘‘(D) FAILURE TO CONCUR.—If the Bureau health and

safety officer, and the individual designated by the tribe,

conducting the inspection of a facility required under subparagraph (C) do not concur that conditions at the facility

constitute an immediate hazard to health and safety, such

officer and individual shall immediately notify the tribal

governing body and provide written information related to

their determinations.

‘‘(E) CONSIDERATION BY TRIBAL GOVERNING BODY.—Not

later than 10 days after a tribal governing body receives

notice under subparagraph (D), the tribal governing body

shall consider all information relating to the determinations of the Bureau health and safety officer and the individual designated by the tribe and make a determination

regarding the closure, consolidation, or curtailment involved. ‘‘(F) AGREEMENT TO CLOSE, CONSOLIDATE, OR CURTAIL.—

‘‘(i) IN GENERAL.—If the Bureau health and safety

officer and the individual designated by the tribe conducting the inspection of a facility required under subparagraph (C), concur that conditions at the facility

constitute an immediate hazard to health and safety,

or if the tribal governing body makes such a determination under subparagraph (E), the facility involved

shall be closed immediately.

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‘‘(ii) REOPENING OF FACILITY IF NO IMMEDIATE HAZARD FOUND TO EXIST.—If the Bureau health and safety

officer or the individual designated by the tribe conducting the inspection of a facility required under subparagraph (C) determines that conditions at the facility

do not constitute an immediate hazard to health and

safety, any consolidation or curtailment that was made

under this paragraph shall immediately cease and any

school closed by reason of conditions at the facility

shall be reopened immediately.

‘‘(G) GENERAL CLOSURE REPORT.—If a Bureau-funded

school is temporarily closed or consolidated or the programs of a Bureau-funded school are temporarily substantially curtailed under this subsection and the Secretary determines that the closure, consolidation, or curtailment will

exceed 1 year, the Secretary shall submit to the appropriate

committees of Congress, the affected tribe, and the local

school board, not later than 90 days after the date on

which the closure, consolidation, or curtailment was initiated, a report that specifies—

‘‘(i) the reasons for such temporary action;

‘‘(ii) the actions the Secretary is taking to eliminate

the conditions that constitute the hazard;

‘‘(iii) an estimated date by which the actions described in clause (ii) will be concluded; and

‘‘(iv) a plan for providing alternate education services for students enrolled at the school that is to be

closed.

‘‘(2) NONAPPLICATION OF CERTAIN STANDARDS FOR TEMPORARY FACILITY USE.—

‘‘(A) CLASSROOM ACTIVITIES.—The Secretary shall permit the local school board to temporarily utilize facilities

adjacent to the school, or satellite facilities, if such facilities

are suitable for conducting classroom activities. In permitting the use of facilities under the preceding sentence, the

Secretary may waive applicable minor standards under section 1121 relating to such facilities (such as the required

number of exit lights or configuration of restrooms) so long

as such waivers do not result in the creation of an environment that constitutes an immediate and substantial threat

to the health, safety, and life of students and staff.

‘‘(B) ADMINISTRATIVE ACTIVITIES.—The provisions of

subparagraph (A) shall apply with respect to administrative personnel if the facilities involved are suitable for activities performed by such personnel.

‘‘(C) TEMPORARY.—In this paragraph, the term ‘temporary’ means—

‘‘(i) with respect to a school that is to be closed for

not more than 1 year, 3 months or less; and

‘‘(ii) with respect to a school that is to be closed for

not less than 1 year, a time period determined appropriate by the Bureau.

‘‘(3) TREATMENT OF CLOSURE.—Any closure of a Bureaufunded school under this subsection for a period that exceeds 30

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days but is less than 1 year, shall be treated by the Bureau as

an emergency facility improvement and repair project. ‘‘(4) USE OF FUNDS.—With respect to a Bureau-funded

school that is closed under this subsection, the tribal governing

body, or the designated local school board of each Bureau-funded school, involved may authorize the use of funds allocated

pursuant to section 1127, to abate the hazardous conditions

without further action by Congress.

‘‘(f) FUNDING REQUIREMENT.— ‘‘(1) DISTRIBUTION OF FUNDS.—Beginning with the first fiscal year following the date of enactment of the Native American

Education Improvement Act of 2001, all funds appropriated to

the budget accounts for the operations and maintenance of Bureau-funded schools shall be distributed by formula to the

schools. No funds from these accounts may be retained or segregated by the Bureau to pay for administrative or other costs

of any facilities branch or office, at any level of the Bureau. ‘‘(2) REQUIREMENTS FOR CERTAIN USES.—No funds shall be

withheld from the distribution to the budget of any school operated under contract or grant by the Bureau for maintenance or

any other facilities or road-related purpose, unless such school

has consented, as a modification to the contract or in writing

for grants schools, to the withholding of such funds, including

the amount thereof, the purpose for which the funds will be

used, and the timeline for the services to be provided. The

school may, at the end of any fiscal year, cancel an agreement

under this paragraph upon giving the Bureau 30 days notice of

its intent to do so.

‘‘(g) NO REDUCTION IN FEDERAL FUNDING.—Nothing in this section shall diminish any Federal funding due to the receipt by the

school of funding for facilities improvement or construction from a

State or any other source.

‘‘SEC. 1126. BUREAU OF INDIAN AFFAIRS EDUCATION FUNCTIONS.

‘‘(a) FORMULATION AND ESTABLISHMENT OF POLICY AND PROCE- DURE; SUPERVISION OF PROGRAMS AND EXPENDITURES.—The Secretary shall vest in the Assistant Secretary for Indian Affairs all

functions with respect to formulation and establishment of policy

and procedure and supervision of programs and expenditures of

Federal funds for the purpose of Indian education administered by

the Bureau. The Assistant Secretary shall carry out such functions

through the Director of the Office of Indian Education Programs.

‘‘(b) DIRECTION AND SUPERVISION OF PERSONNEL OPERATIONS.—

‘‘(1) IN GENERAL.—Not later than 180 days after the date

of enactment of the Native American Education Improvement

Act of 2001, the Director of the Office shall direct and supervise

the operations of all personnel directly and substantially involved in the provision of education program services by the Bureau, including school or institution custodial or maintenance

personnel, and personnel responsible for contracting, procurement, and finance functions connected with school operation

programs.

‘‘(2) TRANSFERS.—The Assistant Secretary for Indian Affairs shall, not later than 180 days after the date of enactment

of the Native American Education Improvement Act of 2001, coVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00616 Fmt 6659 Sfmt 6603 E:\HR\OC\A334HR.257 pfrm07 PsN: A334HR
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ordinate the transfer of functions relating to procurements for,

contracts of, operation of, and maintenance of schools and other

support functions to the Director.

‘‘(c) INHERENT FEDERAL FUNCTION.—For purposes of this Act,

all functions relating to education that are located at the Area or

Agency level and performed by an education line officer shall be

subject to contract under the Indian Self-Determination and Education Assistance Act, unless determined by the Secretary to be inherently Federal functions as defined in section 1141(12).

‘‘(d) EVALUATION OF PROGRAMS; SERVICES AND SUPPORT FUNCTIONS; TECHNICAL AND COORDINATING ASSISTANCE.—Education

personnel who are under the direction and supervision of the Director of the Office of Indian Education Programs in accordance with

subsection (b)(1) shall—

‘‘(1) monitor and evaluate Bureau education programs;

‘‘(2) provide all services and support functions for education

programs with respect to personnel matters involving staffing

actions and functions; and

‘‘(3) provide technical and coordinating assistance in areas

such as procurement, contracting, budgeting, personnel, curriculum, and operation and maintenance of school facilities.

‘‘(e) CONSTRUCTION, IMPROVEMENT, OPERATION, AND MAINTENANCE OF FACILITIES.—

‘‘(1) PLAN FOR CONSTRUCTION.—The Assistant Secretary

shall submit as part of the annual budget a plan—

‘‘(A) for school facilities to be constructed under section

1125(c);

‘‘(B) for establishing priorities among projects and for

the improvement and repair of educational facilities, which

together shall form the basis for the distribution of appropriated funds; and

‘‘(C) for capital improvements to be made over the 5

succeeding years.

‘‘(2) PROGRAM FOR OPERATION AND MAINTENANCE.—

‘‘(A) ESTABLISHMENT.—The Assistant Secretary shall

establish a program, including the distribution of appropriated funds, for the operation and maintenance of education facilities. Such program shall include—

‘‘(i) a method of computing the amount necessary

for each educational facility;

‘‘(ii) similar treatment of all Bureau-funded

schools;

‘‘(iii) a notice of an allocation of appropriated

funds from the Director of the Office of Indian Education Programs directly to the education line officers

and appropriate school officials;

‘‘(iv) a method for determining the need for, and

priority of, facilities repair and maintenance projects,

both major and minor (to be determined, through the

conduct by the Assistant Secretary, of a series of meetings at the agency and area level with representatives

of the Bureau-funded schools in those areas and agencies to receive comment on the lists and prioritization

of such projects); and

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‘‘(v) a system for the conduct of routine preventive

maintenance.

‘‘(B) LOCAL SUPERVISORS.—The appropriate education

line officers shall make arrangements for the maintenance

of education facilities with the local supervisors of the Bureau maintenance personnel. The local supervisors of Bureau maintenance personnel shall take appropriate action

to implement the decisions made by the appropriate education line officers, except that no funds under this chapter

may be authorized for expenditure unless such appropriate

education line officer is assured that the necessary maintenance has been, or will be, provided in a reasonable manner.

‘‘(3) IMPLEMENTATION.—This subsection shall be implemented as soon as practicable after the date of enactment of the

Native American Education Improvement Act of 2001.

‘‘(f) ACCEPTANCE OF GIFTS AND BEQUESTS.—

‘‘(1) GUIDELINES.—Notwithstanding any other provision of

law, the Director of the Office shall promulgate guidelines for

the establishment and administration of mechanisms for the acceptance of gifts and bequests for the use and benefit of particular schools or designated Bureau-operated education programs, including, in appropriate cases, the establishment and

administration of trust funds.

‘‘(2) MONITORING AND REPORTS.—Except as provided in

paragraph (3), in a case in which a Bureau-operated education

program is the beneficiary of such a gift or bequest, the Director

shall—

‘‘(A) make provisions for monitoring use of the gift or

bequest; and

‘‘(B) submit a report to the appropriate committees of

Congress that describes the amount and terms of such gift

or bequest, the manner in which such gift or bequest shall

be used, and any results achieved by such use.

‘‘(3) EXCEPTION.—The requirements of paragraph (2) shall

not apply in the case of a gift or bequest that is valued at

$5,000 or less.

‘‘(g) DEFINITION OF FUNCTIONS.—For the purpose of this section, the term ‘functions’ includes powers and duties.

‘‘SEC. 1127. ALLOTMENT FORMULA.

‘‘(a) FACTORS CONSIDERED; REVISION TO REFLECT STANDARDS.—

‘‘(1) FORMULA.—The Secretary shall establish, by regulation

adopted in accordance with section 1137, a formula for determining the minimum annual amount of funds necessary to sustain each Bureau-funded school. In establishing such formula,

the Secretary shall consider—

‘‘(A) the number of eligible Indian students served and

total student population of the school;

‘‘(B) special cost factors, such as—

‘‘(i) the isolation of the school;

‘‘(ii) the need for special staffing, transportation, or

educational programs;

‘‘(iii) food and housing costs;

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‘‘(iv) maintenance and repair costs associated with

the physical condition of the educational facilities; ‘‘(v) special transportation and other costs of isolated and small schools; ‘‘(vi) the costs of home-living (dormitory) arrangements, where determined necessary by a tribal governing body or designated school board; ‘‘(vii) costs associated with greater lengths of service by education personnel; ‘‘(viii) the costs of therapeutic programs for students requiring such programs; and ‘‘(ix) special costs for gifted and talented students; ‘‘(C) the cost of providing academic services which are

at least equivalent to those provided by public schools in

the State in which the school is located; ‘‘(D) whether the available funding will enable the

school involved to comply with the accreditation standards

applicable to the school under section 1121; and ‘‘(E) such other relevant factors as the Secretary determines are appropriate.

‘‘(2) REVISION OF FORMULA.— ‘‘(A) IN GENERAL.—Upon the establishment of the

standards required in section 1122, the Secretary shall revise the formula established under this subsection to reflect

the cost of funding such standards. ‘‘(B) REVIEW OF FORMULA.—Not later than January 1,

2003, the Secretary shall review the formula established

under this section and shall take such steps as are necessary to increase the availability of counseling and therapeutic programs for students in off-reservation home-living

(dormitory) schools and other Bureau-operated residential

facilities. ‘‘(C) REVIEW OF STANDARDS.—Concurrent with such action, the Secretary shall review the standards established

under section 1122 to be certain that adequate provision is

made for parental notification regarding, and consent for,

such counseling and therapeutic programs.

‘‘(b) PRO RATA ALLOTMENT.—Notwithstanding any other provision of law, Federal funds appropriated for the general local operation of Bureau-funded schools shall be allotted pro rata in accordance with the formula established under subsection (a). ‘‘(c) ANNUAL ADJUSTMENT; RESERVATION OF AMOUNT FOR

SCHOOL BOARD ACTIVITIES.—

‘‘(1) ANNUAL ADJUSTMENT.—For fiscal year 2003, and for

each subsequent fiscal year, the Secretary shall adjust the formula established under subsection (a) to ensure that the formula does the following:

‘‘(A) Uses a weighted unit of 1.2 for each eligible Indian student enrolled in the seventh and eighth grades of

the school in considering the number of eligible Indian students served by the school. ‘‘(B) Considers a school with an enrollment of less than

50 eligible Indian students as having an average daily attendance of 50 eligible Indian students for purposes of implementing the adjustment factor for small schools.

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‘‘(C) Takes into account the provision of residential

services on less than a 9-month basis at a school when the

school board and supervisor of the school determine that a

less than 9-month basis will be implemented for the school

year involved. ‘‘(D) Uses a weighted unit of 2.0 for each eligible Indian student that— ‘‘(i) is gifted and talented; and

‘‘(ii) is enrolled in the school on a full-time basis,

in considering the number of eligible Indian students

served by the school. ‘‘(E) Uses a weighted unit of 0.25 for each eligible Indian student who is enrolled in a year-long credit course in

an Indian or Native language as part of the regular curriculum of a school, in considering the number of eligible

Indian students served by such school. The adjustment required under this subparagraph shall be used for such

school after— ‘‘(i) the certification of the Indian or Native language curriculum by the school board of such school to

the Secretary, together with an estimate of the number

of full-time students expected to be enrolled in the curriculum in the second school year for which the certification is made; and

(ii) the funds appropriated for allotment under this

section are designated by the appropriations Act appropriating such funds as the amount necessary to implement such adjustment at such school without reducing

allotments made under this section to any school by

virtue of such adjustment.

‘‘(2) RESERVATION OF AMOUNT.—

‘‘(A) IN GENERAL.—From the funds allotted in accordance with the formula established under subsection (a) for

each Bureau school, the local school board of such school

may reserve an amount which does not exceed the greater

of— ‘‘(i) $8,000; or

‘‘(ii) the lesser of— ‘‘(I) $15,000; or

‘‘(II) 1 percent of such allotted funds,

for school board activities for such school, including (notwithstanding any other provision of law) meeting expenses

and the cost of membership in, and support of, organizations engaged in activities on behalf of Indian education.

‘‘(B) TRAINING.—

‘‘(i) IN GENERAL.—Each local school board, and

any agency school board that serves as a local school

board for any grant or contract school, shall ensure

that each individual who is a new member of the

school board receives, within 1 year after the individual becomes a member of the school board, 40 hours

of training relevant to that individual’s service on the

board.

‘‘(ii) TYPES OF TRAINING.—Such training may include training concerning legal issues pertaining to BuVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00620 Fmt 6659 Sfmt 6603 E:\HR\OC\A334HR.258 pfrm07 PsN: A334HR
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reau-funded schools, legal issues pertaining to school

boards, ethics, and other topics determined to be appropriate by the school board.

‘‘(iii) RECOMMENDATION.—The training described

in this subparagraph shall not be required, but is recommended, for a tribal governing body that serves in

the capacity of a school board.

‘‘(d) RESERVATION OF AMOUNT FOR EMERGENCIES.—

‘‘(1) IN GENERAL.—The Secretary shall reserve from the

funds available for distribution for each fiscal year under this

section an amount that, in the aggregate, equals 1 percent of the

funds available for such purpose for that fiscal year, to be used,

at the discretion of the Director of the Office of Indian Education Programs, to meet emergencies and unforeseen contingencies affecting the education programs funded under this section.

‘‘(2) USE OF FUNDS.—Funds reserved under this subsection

may be expended only for education services or programs, including emergency repairs of educational facilities, at a

schoolsite (as defined by section 5204(c)(2) of the Tribally Controlled Schools Act of 1988).

‘‘(3) AVAILABILITY OF FUNDS.—Funds reserved under this

subsection shall remain available without fiscal year limitation

until expended. However, the aggregate amount available from

all fiscal years may not exceed 1 percent of the current year

funds.

‘‘(4) REPORT.—When the Secretary makes funds available

under this subsection, the Secretary shall report such action to

the appropriate committees of Congress within the annual

budget submission.

‘‘(e) SUPPLEMENTAL APPROPRIATIONS.—Supplemental appropriations enacted to meet increased pay costs attributable to school

level personnel shall be distributed under this section.

‘‘(f) ELIGIBLE INDIAN STUDENT DEFINED.—In this section, the

term ‘eligible Indian student’ means a student who—

‘‘(1) is a member of, or is at least 1⁄4 degree Indian blood

descendant of a member of, a tribe that is eligible for the special

programs and services provided by the United States through

the Bureau to Indians because of their status as Indians;

‘‘(2) resides on or near a reservation or meets the criteria

for attendance at a Bureau off-reservation home-living school;

and

‘‘(3) is enrolled in a Bureau-funded school.

‘‘(g) TUITION.—

‘‘(1) IN GENERAL.—No eligible Indian student or a student

attending a Bureau school under paragraph (2)(C) may be

charged tuition for attendance at a Bureau school or contract

or grant school.

‘‘(2) ATTENDANCE OF NON-INDIAN STUDENTS AT BUREAU

SCHOOLS.—The Secretary may permit the attendance at a Bureau school of a student who is not an eligible Indian student

if—

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ble Indian students because of cost, overcrowding, or violation of standards or accreditation;

‘‘(B) the school board consents;

‘‘(C) the student is a dependent of a Bureau, Indian

Health Service, or tribal government employee who lives on

or near the school site; or

‘‘(D) tuition is paid for the student that is not more

than the tuition charged by the nearest public school district for out-of-district students and shall be in addition to

the school’s allocation under this section.

‘‘(3) ATTENDANCE OF NON-INDIAN STUDENTS AT CONTRACT

AND GRANT SCHOOLS.—The school board of a contract or grant

school may permit students who are not eligible Indian students under this subsection to attend its contract school or

grant school. Any tuition collected for those students shall be in

addition to funding received under this section.

‘‘(h) FUNDS AVAILABLE WITHOUT FISCAL YEAR LIMITATION.—

Notwithstanding any other provision of law, at the election of the

school board of a Bureau school made at any time during the fiscal

year, a portion equal to not more than 15 percent of the funds allocated with respect to a school under this section for any fiscal year

shall remain available to the school for expenditure without fiscal

year limitation. The Assistant Secretary shall take such steps as are

necessary to implement this subsection.

‘‘(i) STUDENTS AT RICHFIELD DORMITORY, RICHFIELD, UTAH.—

‘‘(1) IN GENERAL.—Tuition for the instruction of each outof-State Indian student in a home-living situation at the Richfield dormitory in Richfield, Utah, who attends Sevier County

high schools in Richfield, Utah, for an academic year, shall be

paid from Indian school equalization program funds authorized

in this section and section 1129, at a rate not to exceed the

weighted amount provided for under subsection (b) for a student for that year.

‘‘(2) NO ADMINISTRATIVE COST FUNDS.—No additional administrative cost funds shall be provided under this part to pay

for administrative costs relating to the instruction of the students.

‘‘SEC. 1128. ADMINISTRATIVE COST GRANTS.

‘‘(a) DEFINITIONS.—In this section:

‘‘(1) ADMINISTRATIVE COST.—

‘‘(A) IN GENERAL.—The term ‘administrative cost’

means the cost of necessary administrative functions

which—

‘‘(i) the tribe or tribal organization incurs as a result of operating a tribal elementary or secondary educational program;

‘‘(ii) are not customarily paid by comparable Bureau-operated programs out of direct program funds;

and

‘‘(iii) are either—

‘‘(I) normally provided for comparable Bureau

programs by Federal officials using resources other

than Bureau direct program funds; or

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‘‘(II) are otherwise required of tribal self-determination program operators by law or prudent

management practice.

‘‘(B) INCLUSIONS.—The term ‘administrative cost’ may

include—

‘‘(i) contract or grant (or other agreement) administration;

‘‘(ii) executive, policy, and corporate leadership and

decisionmaking;

‘‘(iii) program planning, development, and management;

‘‘(iv) fiscal, personnel, property, and procurement

management;

‘‘(v) related office services and record keeping; and

‘‘(vi) costs of necessary insurance, auditing, legal,

safety and security services.

‘‘(2) BUREAU ELEMENTARY AND SECONDARY FUNCTIONS.—

The term ‘Bureau elementary and secondary functions’ means—

‘‘(A) all functions funded at Bureau schools by the Office;

‘‘(B) all programs—

‘‘(i) funds for which are appropriated to other

agencies of the Federal Government; and

‘‘(ii) which are administered for the benefit of Indians through Bureau schools; and

‘‘(C) all operation, maintenance, and repair funds for

facilities and government quarters used in the operation or

support of elementary and secondary education functions

for the benefit of Indians, from whatever source derived.

‘‘(3) DIRECT COST BASE.—

‘‘(A) IN GENERAL.—Except as otherwise provided in

subparagraph (B), the direct cost base of a tribe or tribal

organization for the fiscal year is the aggregate direct cost

program funding for all tribal elementary or secondary

educational programs operated by the tribe or tribal organization during—

‘‘(i) the second fiscal year preceding such fiscal

year; or

‘‘(ii) if such programs have not been operated by

the tribe or tribal organization during the two preceding fiscal years, the first fiscal year preceding such

fiscal year.

‘‘(B) FUNCTIONS NOT PREVIOUSLY OPERATED.—In the

case of Bureau elementary or secondary education functions

which have not previously been operated by a tribe or tribal

organization under contract, grant, or agreement with the

Bureau, the direct cost base for the initial year shall be the

projected aggregate direct cost program funding for all Bureau elementary and secondary functions to be operated by

the tribe or tribal organization during that fiscal year.

‘‘(4) MAXIMUM BASE RATE.—The term ‘maximum base rate’

means 50 percent.

‘‘(5) MINIMUM BASE RATE.—The term ‘minimum base rate’

means 11 percent.

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‘‘(6) STANDARD DIRECT COST BASE.—The term ‘standard direct cost base’ means $600,000. ‘‘(7) TRIBAL ELEMENTARY OR SECONDARY EDUCATIONAL PRO- GRAMS.—The term ‘tribal elementary or secondary educational

programs’ means all Bureau elementary and secondary functions, together with any other Bureau programs or portions of

programs (excluding funds for social services that are appropriated to agencies other than the Bureau and are funded

through the Bureau, funds for major subcontracts, construction,

and other major capital expenditures, and unexpended funds

carried over from prior years) which share common administrative cost functions, that are operated directly by a tribe or tribal

organization under a contract, grant, or agreement with the Bureau.

‘‘(b) GRANTS; EFFECT UPON APPROPRIATED AMOUNTS.— ‘‘(1) GRANTS.—Subject to the availability of funds, the Secretary shall provide grants to each tribe or tribal organization

operating a contract school or grant school in the amount determined under this section with respect to the tribe or tribal organization for the purpose of paying the administrative and indirect costs incurred in operating contract or grant schools, provided that no school operated as a stand-alone institution shall

receive less than $200,000 per year for these purposes, in order

to— ‘‘(A) enable tribes and tribal organizations operating

such schools, without reducing direct program services to

the beneficiaries of the program, to provide all related administrative overhead services and operations necessary to

meet the requirements of law and prudent management

practice; and ‘‘(B) carry out other necessary support functions which

would otherwise be provided by the Secretary or other Federal officers or employees, from resources other than direct

program funds, in support of comparable Bureau-operated

programs.

‘‘(2) EFFECT UPON APPROPRIATED AMOUNTS.—Amounts appropriated to fund the grants provided under this section shall

be in addition to, and shall not reduce, the amounts appropriated for the program being administered by the contract or

grant school.

‘‘(c) DETERMINATION OF GRANT AMOUNT.—

‘‘(1) IN GENERAL.—The amount of the grant provided to

each tribe or tribal organization under this section for each fiscal year shall be determined by applying the administrative

cost percentage rate of the tribe or tribal organization to the aggregate of the Bureau elementary and secondary functions operated by the tribe or tribal organization for which funds are received from or through the Bureau.

‘‘(2) DIRECT COST BASE FUNDS.—The Secretary shall— ‘‘(A) reduce the amount of the grant determined under

paragraph (1) to the extent that payments for administrative costs are actually received by an Indian tribe or tribal

organization under any Federal education program included in the direct cost base of the tribe or tribal organization; and

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‘‘(B) take such actions as may be necessary to be reimbursed by any other department or agency of the Federal

Government for the portion of grants made under this section for the costs of administering any program for Indians

that is funded by appropriations made to such other department or agency.

‘‘(d) ADMINISTRATIVE COST PERCENTAGE RATE.—

‘‘(1) IN GENERAL.—For purposes of this section, the administrative cost percentage rate for a contract or grant school for

a fiscal year is equal to the percentage determined by

dividing—

‘‘(A) the sum of—

‘‘(i) the amount equal to—

‘‘(I) the direct cost base of the tribe or tribal organization for the fiscal year, multiplied by

‘‘(II) the minimum base rate; plus

‘‘(ii) the amount equal to—

‘‘(I) the standard direct cost base; multiplied

by

‘‘(II) the maximum base rate; by

‘‘(B) the sum of—

‘‘(i) the direct cost base of the tribe or tribal organization for the fiscal year; plus

‘‘(ii) the standard direct cost base.

‘‘(2) ROUNDING.—The administrative cost percentage rate

shall be determined to the 1⁄100 of a decimal point.

‘‘(3) APPLICABILITY.—The administrative cost percentage

rate determined under this subsection shall not apply to other

programs operated by the tribe or tribal organization.

‘‘(e) COMBINING FUNDS.—

‘‘(1) IN GENERAL.—Funds received by a tribe or contract or

grant school as grants under this section for tribal elementary

or secondary educational programs may be combined by the

tribe or contract or grant school into a single administrative

cost account without the necessity of maintaining separate

funding source accounting.

‘‘(2) INDIRECT COST FUNDS.—Indirect cost funds for programs at the school which share common administrative services with tribal elementary or secondary educational programs

may be included in the administrative cost account described in

paragraph (1).

‘‘(f) AVAILABILITY OF FUNDS.—Funds received as grants under

this section with respect to tribal elementary or secondary education

programs shall remain available to the contract or grant school

without fiscal year limitation and without diminishing the amount

of any grants otherwise payable to the school under this section for

any fiscal year beginning after the fiscal year for which the grant

is provided.

‘‘(g) TREATMENT OF FUNDS.—Funds received as grants under

this section for Bureau-funded programs operated by a tribe or tribal organization under a contract or agreement shall not be taken

into consideration for purposes of indirect cost underrecovery and

overrecovery determinations by any Federal agency for any other

funds, from whatever source derived.

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‘‘(h) TREATMENT OF ENTITY OPERATING OTHER PROGRAMS.—In

applying this section and section 106 of the Indian Self-Determination and Education Assistance Act with respect to an Indian tribe

or tribal organization that— ‘‘(1) receives funds under this section for administrative

costs incurred in operating a contract or grant school or a

school operated under the Tribally Controlled Schools Act of

1988; and ‘‘(2) operates 1 or more other programs under a contract or

grant provided under the Indian Self-Determination and Education Assistance Act,

the Secretary shall ensure that the Indian tribe or tribal organization is provided with the full amount of the administrative costs

that are associated with operating the contract or grant school, and

of the indirect costs, that are associated with all of such other programs, except that funds appropriated for implementation of this

section shall be used only to supply the amount of the grant required to be provided by this section. ‘‘(i) STUDIES FOR DETERMINATION OF FACTORS AFFECTING

COSTS; BASE RATES LIMITS; STANDARD DIRECT COST BASE; REPORT

TO CONGRESS.— ‘‘(1) STUDIES.—Not later than 120 days after the date of enactment of the Native American Education Improvement Act of

2001, the Director of the Office of Indian Education Programs

shall— ‘‘(A) conduct such studies as may be needed to establish

an empirical basis for determining relevant factors substantially affecting required administrative costs of tribal

elementary and secondary education programs, using the

formula set forth in subsection (c); and

‘‘(B) conduct a study to determine— ‘‘(i) a maximum base rate which ensures that the

amount of the grants provided under this section will provide adequate (but not excessive) funding of the administrative costs of the smallest tribal elementary or secondary

educational programs;

‘‘(ii) a minimum base rate which ensures that the

amount of the grants provided under this section will provide adequate (but not excessive) funding of the administrative costs of the largest tribal elementary or secondary educational programs; and

‘‘(iii) a standard direct cost base which is the aggregate

direct cost funding level for which the percentage determined under subsection (d) will—

‘‘(I) be equal to the median between the maximum

base rate and the minimum base rate; and

‘‘(II) ensure that the amount of the grants provided

under this section will provide adequate (but not excessive) funding of the administrative costs of tribal elementary or secondary educational programs closest to

the size of the program.

‘‘(2) GUIDELINES.—The studies required under paragraph

(1) shall—

‘‘(A) be conducted in full consultation (in accordance

with section 1131) with—

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‘‘(i) the tribes and tribal organizations that are affected by the application of the formula set forth in

subsection (c); and ‘‘(ii) all national and regional Indian organizations of which such tribes and tribal organizations are

typically members;

‘‘(B) be conducted onsite with a representative statistical sample of the tribal elementary or secondary educational programs under a contract entered into with a nationally reputable public accounting and business consulting firm; ‘‘(C) take into account the availability of skilled labor

commodities, business and automatic data processing services, related Indian preference and Indian control of education requirements, and any other market factors found to

substantially affect the administrative costs and efficiency

of each such tribal elementary or secondary educational

program studied in order to ensure that all required administrative activities can reasonably be delivered in a cost

effective manner for each such program, given an administrative cost allowance generated by the values, percentages,

or other factors found in the studies to be relevant in such

formula; ‘‘(D) identify, and quantify in terms of percentages of

direct program costs, any general factors arising from geographic isolation, or numbers of programs administered,

independent of program size factors used to compute a base

administrative cost percentage in such formula; and ‘‘(E) identify any other incremental cost factors substantially affecting the costs of required administrative cost

functions at any of the tribal elementary or secondary educational programs studied and determine whether the factors are of general applicability to other such programs,

and (if so) how the factors may effectively be incorporated

into such formula.

‘‘(3) CONSULTATION WITH INSPECTOR GENERAL.—In carrying

out the studies required under this subsection, the Director

shall obtain the input of, and afford an opportunity to participate to, the Inspector General of the Department of the Interior. ‘‘(4) CONSIDERATION OF DELIVERY OF ADMINISTRATIVE SERVICES.—Determinations described in paragraph (2)(C) shall be

based on what is practicable at each location studied, given

prudent management practice, irrespective of whether required

administrative services were actually or fully delivered at these

sites, or whether other services were delivered instead, during

the period of the study.

‘‘(5) REPORT.—Upon completion of the studies conducted

under paragraph (1), the Director shall submit to Congress a

report on the findings of the studies, together with determinations based upon such studies that would affect the definitions

set forth under subsection (e) that are used in the formula set

forth in subsection (c). ‘‘(6) PROJECTION OF COSTS.—The Secretary shall include in

the Bureau’s justification for each appropriations request beginning in the first fiscal year after the completion of the studies

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conducted under paragraph (1), a projection of the overall costs

associated with the formula set forth in subsection (c) for all

tribal elementary or secondary education programs which the

Secretary expects to be funded in the fiscal year for which the

appropriations are sought. ‘‘(7) DETERMINATION OF PROGRAM SIZE.—For purposes of

this subsection, the size of tribal elementary or secondary educational programs is determined by the aggregate direct cost

program funding level for all Bureau-funded programs which

share common administrative cost functions.

‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) IN GENERAL.—There are authorized to be appropriated

to carry out this section such sums as may be necessary. ‘‘(2) REDUCTIONS.—If the total amount of funds necessary

to provide grants to tribes and tribal organizations in the

amounts determined under subsection (c) for a fiscal year exceeds the amount of funds appropriated to carry out this section

for such fiscal year, the Secretary shall reduce the amount of

each grant determined under subsection (c) for such fiscal year

by an amount that bears the same relationship to such excess

as the amount of such grants determined under subsection (c)

bears to the total of all grants determined under subsection (c)

section for all tribes and tribal organizations for such fiscal

year.

‘‘(k) APPLICABILITY TO SCHOOLS OPERATING UNDER TRIBALLY

CONTROLLED SCHOOLS ACT OF 1988.—The provisions of this section

shall apply to schools operating under the Tribally Controlled

Schools Act of 1988. ‘‘(l) ADMINISTRATIVE COST GRANT BUDGET REQUESTS.— ‘‘(1) IN GENERAL.—Beginning with President’s annual

budget request under section 1105 of title 31, United States

Code for fiscal year 2002, and with respect to each succeeding

budget request, at the discretion of the Secretary, the Secretary

shall submit to the appropriate committees of Congress information and funding requests for the full funding of administrative costs grants required to be paid under this section.

‘‘(2) REQUIREMENTS.— ‘‘(A) FUNDING FOR NEW CONVERSIONS TO CONTRACT OR

GRANT SCHOOL OPERATIONS.—With respect to a budget request under paragraph (1), the amount required to provide

full funding for an administrative cost grant for each tribe

or tribal organization expected to begin operation of a Bureau-funded school as contract or grant school in the academic year funded by such annual budget request, the

amount so required shall not be less than 10 percent of the

amount required for subparagraph (B). ‘‘(B) FUNDING FOR CONTINUING CONTRACT AND GRANT

SCHOOL OPERATIONS.—With respect to a budget request

under paragraph (1), the amount required to provide full

funding for an administrative cost grant for each tribe or

tribal organization operating a contract or grant school at

the time the annual budget request is submitted, which

amount shall include the amount of funds required to provide full funding for an administrative cost grant for each

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tract or grant school with administrative cost grant funds

supplied from the amount described in subparagraph (A).

‘‘SEC. 1129. DIVISION OF BUDGET ANALYSIS.

‘‘(a) ESTABLISHMENT.—Not later than 1 year after the date of

enactment of the Native American Education Improvement Act of

2001, the Secretary shall establish within the Office of Indian Education Programs a Division of Budget Analysis (hereafter in this

section referred to as the ‘Division’). Such Division shall be under

the direct supervision and control of the Director of the Office.

‘‘(b) FUNCTIONS.—In consultation with the tribal governing bodies and tribal school boards, the Director of the Office, through the

Division, shall conduct studies, surveys, or other activities to gather

demographic information on Bureau-funded schools and project the

amount necessary to provide Indian students in such schools the

educational program set forth in this part.

‘‘(c) ANNUAL REPORTS.—Not later than the date on which the

Assistant Secretary for Indian Affairs makes the annual budget

submission, for each fiscal year after the date of enactment of the

Native American Education Improvement Act of 2001, the Director

of the Office shall submit to the appropriate committees of Congress

(including the Appropriations committees), all Bureau-funded

schools, and the tribal governing bodies of such schools, a report

that contains—

‘‘(1) projections, based upon the information gathered pursuant to subsection (b) and any other relevant information, of

amounts necessary to provide Indian students in Bureau-funded schools the educational program set forth in this part;

‘‘(2) a description of the methods and formulas used to calculate the amounts projected pursuant to paragraph (1); and

‘‘(3) such other information as the Director of the Office

considers appropriate.

‘‘(d) USE OF REPORTS.—The Director of the Office and the Assistant Secretary for Indian Affairs shall use the annual report required by subsection (c) when preparing annual budget submissions.

‘‘SEC. 1130. UNIFORM DIRECT FUNDING AND SUPPORT.

‘‘(a) ESTABLISHMENT OF SYSTEM AND FORWARD FUNDING.—

‘‘(1) IN GENERAL.—The Secretary shall establish, by regulation adopted in accordance with section 1136, a system for the

direct funding and support of all Bureau-funded schools. Such

system shall allot funds in accordance with section 1127. All

amounts appropriated for distribution in accordance with this

section shall be made available in accordance with paragraph

(2).

‘‘(2) TIMING FOR USE OF FUNDS.—

‘‘(A) AVAILABILITY.—For the purposes of affording adequate notice of funding available pursuant to the allotments made under section 1127 and the allotments of funds

for operation and maintenance of facilities, amounts appropriated in an appropriations Act for any fiscal year for

such allotments—

‘‘(i) shall become available for obligation by the affected schools on July 1 of the fiscal year for which

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such allotments are appropriated without further action by the Secretary; and ‘‘(ii) shall remain available for obligation through

the succeeding fiscal year.

‘‘(B) PUBLICATIONS.—The Secretary shall, on the basis

of the amounts appropriated as described in this

paragraph—

‘‘(i) publish, not later than July 1 of the fiscal year

for which the amounts are appropriated, information

indicating the amount of the allotments to be made to

each affected school under section 1127, of 80 percent

of such appropriated amounts; and ‘‘(ii) publish, not later than September 30 of such

fiscal year, information indicating the amount of the

allotments to be made under section 1127, from the remaining 20 percent of such appropriated amounts, adjusted to reflect the actual student attendance.

‘‘(C) Overpayments.—Any overpayments made to tribal

schools shall be returned to the Secretary not later than 30

days after the final determination that the school was overpaid pursuant to this section.

‘‘(3) LIMITATION.— ‘‘(A) EXPENDITURES.—Notwithstanding any other provision of law (including a regulation), the supervisor of a

Bureau-operated school may expend an aggregate of not

more than $50,000 of the amount allotted to the school

under section 1127 to acquire materials, supplies, equipment, operation services, maintenance services, and other

services for the school, and amounts received as operations

and maintenance funds, funds received from the Department of Education, or funds received from other Federal

sources, without competitive bidding if— ‘‘(i) the cost for any single item acquired does not exceed $15,000;

‘‘(ii) the school board approves the acquisition;

‘‘(iii) the supervisor certifies that the cost is fair

and reasonable;

‘‘(iv) the documents relating to the acquisition executed by the supervisor of the school or other school

staff cite this paragraph as authority for the acquisition; and

‘‘(v) the acquisition transaction is documented in a

journal maintained at the school that clearly identifies

when the transaction occurred, the item that was acquired and from whom, the price paid, the quantities

acquired, and any other information the supervisor or

the school board considers to be relevant.

‘‘(B) NOTICE.—Not later than 6 months after the date

of enactment of the Native American Education Improvement Act of 2001, the Secretary shall send notice of the provisions of this paragraph to each supervisor of a Bureau

school and associated school board chairperson, the education line officer of each agency and area, and the Bureau

division in charge of procurement, at both the local and national levels.

627

‘‘(C) APPLICATION AND GUIDELINES.—The Director of

the Office shall be responsible for— ‘‘(i) determining the application of this paragraph,

including the authorization of specific individuals to

carry out this paragraph; ‘‘(ii) ensuring that there is at least 1 such individual at each Bureau facility; and ‘‘(iii) the provision of guidelines on the use of this

paragraph and adequate training on such guidelines. ‘‘(4) EFFECT OF SEQUESTRATION ORDER.—If a sequestration

order issued under the Balanced Budget and Emergency Deficit

Control Act of 1985 reduces the amount of funds available for

allotment under section 1127 for any fiscal year by more than

7 percent of the amount of funds available for allotment under

such section during the preceding fiscal year— ‘‘(A) to fund allotments under section 1127, the Secretary, notwithstanding any other law, may use— ‘‘(i) funds appropriated for the operation of any

Bureau-funded school that is closed or consolidated;

and ‘‘(ii) funds appropriated for any program that has

been curtailed at any Bureau school; and

‘‘(B) the Secretary may waive the application of the provisions of section 1121(h) with respect to the closure or consolidation of a school, or the curtailment of a program at

a school, during such fiscal year if the funds described in

clauses (i) and (ii) of subparagraph (A) with respect to such

school are used to fund allotments made under section

1127 for such fiscal year. ‘‘(b) LOCAL FINANCIAL PLANS FOR EXPENDITURE OF FUNDS.— ‘‘(1) PLAN REQUIRED.—Each Bureau-operated school that

receives an allotment under section 1127 shall prepare a local

financial plan that specifies the manner in which the school

will expend the funds made available under the allotment and

ensures that the school will meet the accreditation requirements

or standards for the school pursuant to section 1121.

‘‘(2) REQUIREMENT.—A local financial plan under paragraph (1) shall comply with all applicable Federal and tribal

laws.‘‘(3) PREPARATION AND REVISION.—

‘‘(A) IN GENERAL.—The financial plan for a school

under subparagraph (A) shall be prepared by the supervisor of the school in active consultation with the local

school board for the school.

‘‘(B) AUTHORITY OF SCHOOL BOARD.—The local school

board for each school shall have the authority to ratify, reject, or amend such financial plan and, at the initiative of

the local school board or in response to the supervisor of the

school, to revise such financial plan to meet needs not foreseen at the time of preparation of the financial plan.

‘‘(4) ROLE OF SUPERVISOR.—The supervisor of the school—

‘‘(A) shall implement the decisions of the school board

relating to the financial plan under paragraph (1);

‘‘(B) shall provide the appropriate local union representative of the education employees of the school with

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copies of proposed financial plans relating to the school

and all modifications and proposed modifications to the

plans, and at the same time submit such copies to the local

school board; and

‘‘(C) may appeal any such action of the local school

board to the appropriate education line officer of the Bureau agency by filing a written statement describing the action and the reasons the supervisor believes such action

should be overturned.

‘‘(5) STATEMENTS.—

‘‘(A) IN GENERAL.—A copy of each statement filed under

paragraph (4)(C) shall be submitted to the local school

board and such board shall be afforded an opportunity to

respond, in writing, to such appeal.

‘‘(B) OVERTURNED ACTIONS.—After reviewing such written appeal and response, the appropriate education line officer may, for good cause, overturn the action of the local

school board.

‘‘(C) TRANSMISSION OF DETERMINATION.—The appropriate education line officer shall transmit the determination of such appeal in the form of a written opinion to such

board and to such supervisor identifying the reasons for

overturning such action.

‘‘(c) TRIBAL DIVISION OF EDUCATION, SELF-DETERMINATION

GRANT AND CONTRACT FUNDS.—The Secretary may approve applications for funding tribal divisions of education and developing

tribal codes of education, from funds made available pursuant to

section 103(a) of the Indian Self-Determination and Education Assistance Act.

‘‘(d) TECHNICAL ASSISTANCE AND TRAINING.—In carrying out

this section, a local school board may request technical assistance

and training from the Secretary, and the Secretary shall, to the

maximum extent practicable, provide those services and make appropriate provisions in the budget of the Office for the provision of

those services.

‘‘(e) SUMMER PROGRAM OF ACADEMIC AND SUPPORT SERVICES.—

‘‘(1) PLAN.—

‘‘(A) IN GENERAL.—A financial plan under subsection

(b) for a school may include, at the discretion of the local

administrator and the school board of such school, a provision for a summer program of academic and support services for students of the school.

‘‘(B) PREVENTION ACTIVITIES.—Any such program may

include activities related to the prevention of alcohol and

substance abuse.

‘‘(C) SUMMER USE.—The Assistant Secretary for Indian

Affairs shall provide for the use of any such school facility

during any summer in which such use is requested.

‘‘(2) USE OF OTHER FUNDS.—Notwithstanding any other

provision of law, funds authorized under the Act of April 16,

1934, and this Act may be used to augment the services provided in each summer program at the option, and under the

control, of the tribe or Indian controlled school receiving such

funds.

629

‘‘(3) TECHNICAL ASSISTANCE AND PROGRAM COORDINA- TION.—The Assistant Secretary for Indian Affairs, acting

through the Director of the Office, shall— ‘‘(A) provide technical assistance and coordination for

any program described in paragraph (1); and ‘‘(B) to the extent practicable, encourage the coordination of such programs with any other summer programs

that might benefit Indian youth, regardless of the funding

source or administrative entity of any such program. ‘‘(f) COOPERATIVE AGREEMENTS.— ‘‘(1) IMPLEMENTATION.— ‘‘(A) IN GENERAL.—From funds allotted to a Bureau

school under section 1127, the Secretary shall, if specifically requested by the appropriate tribal governing body,

implement a cooperative agreement that is entered into between the tribe, the Bureau, the local school board, and a

local public school district that meets the requirements of

paragraph (2) and involves the school. ‘‘(B) TERMS.—The tribe, the Bureau, the school board,

and the local public school district shall determine the

terms of an agreement entered into under subparagraph

(A).

‘‘(2) COORDINATION PROVISIONS.—An agreement under

paragraph (1) may, with respect to the Bureau school and

schools in the school district involved, encompass coordination

of all or any part of the following: ‘‘(A) The academic program and curriculum, unless the

Bureau school is accredited by a State or regional accrediting entity and would not continue to be so accredited if

the agreement encompassed the program and curriculum. ‘‘(B) Support services, including procurement and facilities maintenance. ‘‘(C) Transportation. ‘‘(3) EQUAL BENEFIT AND BURDEN.—

‘‘(A) IN GENERAL.—Each agreement entered into under

paragraph (1) shall confer a benefit upon the Bureau school

commensurate with the burden assumed by the school. ‘‘(B) LIMITATION.—Subparagraph (A) shall not be construed to require equal expenditures, or an exchange of

similar services, by the Bureau school and schools in the

school district. ‘‘(g) PRODUCT OR RESULT OF STUDENT PROJECTS.—Notwithstanding any other provision of law, in a case in which there is

agreement on action between the superintendent and the school

board of a Bureau-funded school, the product or result of a project

conducted in whole or in major part by a student may be given to

that student upon the completion of such project.

‘‘(h) MATCHING FUND REQUIREMENTS.—

‘‘(1) NOT CONSIDERED FEDERAL FUNDS.—Notwithstanding

any other provision of law, funds received by a Bureau-funded

school under this title for education-related activities (not including funds for construction, maintenance, and facilities improvement or repair) shall not be considered Federal funds for

the purposes of a matching funds requirement for any Federal

program.

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‘‘(2) LIMITATION.—In considering an application from a Bureau-funded school for participation in a program or project

that requires matching funds, the entity administering such

program or project or awarding such grant shall not give positive or negative weight to such application based solely on the

provisions of paragraph (1).

‘‘SEC. 1131. POLICY FOR INDIAN CONTROL OF INDIAN EDUCATION.

‘‘(a) FACILITATION OF INDIAN CONTROL.—It shall be the policy

of the United States acting through the Secretary, in carrying out

the functions of the Bureau, to facilitate Indian control of Indian affairs in all matters relating to education.

‘‘(b) CONSULTATION WITH TRIBES.—

‘‘(1) IN GENERAL.—All actions under this Act shall be done

with active consultation with tribes. The United States acting

through the Secretary, and tribes shall work in a governmentto-government relationship to ensure quality education for all

tribal members.

‘‘(2) REQUIREMENTS.—

‘‘(A) DEFINITION OF CONSULTATION.—In this subsection, the term ‘consultation’ means a process involving

the open discussion and joint deliberation of all options

with respect to potential issues or changes between the Bureau and all interested parties.

‘‘(B) DISCUSSION AND JOINT DELIBERATION.—During

discussions and joint deliberations, interested parties (including tribes and school officials) shall be given an

opportunity—

‘‘(i) to present issues (including proposals regarding changes in current practices or programs) that will

be considered for future action by the Secretary; and

‘‘(ii) to participate and discuss the options presented, or to present alternatives, with the views and

concerns of the interested parties given effect unless the

Secretary determines, from information available from

or presented by the interested parties during 1 or more

of the discussions and deliberations, that there is a

substantial reason for another course of action.

‘‘(C) EXPLANATION BY SECRETARY.—The Secretary shall

submit to any Member of Congress, within 18 days of the

receipt of a written request by such Member, a written explanation of any decision made by the Secretary which is

not consistent with the views of the interested parties described in subparagraph (B).

‘‘SEC. 1132. INDIAN EDUCATION PERSONNEL.

‘‘(a) IN GENERAL.—Chapter 51, subchapter III of chapter 53,

and chapter 63 of title 5, United States Code, relating to classification, pay and leave, respectively, and the sections of such title relating to the appointment, promotion, hours of work, and removal of

civil service employees, shall not apply to educators or to education

positions (as defined in subsection (p)). ‘‘(b) REGULATIONS.—Not later than 60 days after the date of enactment of the Native American Education Improvement Act of

2001, the Secretary shall prescribe regulations to carry out this section. Such regulations shall provide for—

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‘‘(1) the establishment of education positions;

‘‘(2) the establishment of qualifications for educators and

education personnel;

‘‘(3) the fixing of basic compensation for educators and education positions;

‘‘(4) the appointment of educators;

‘‘(5) the discharge of educators;

‘‘(6) the entitlement of educators to compensation;

‘‘(7) the payment of compensation to educators;

‘‘(8) the conditions of employment of educators;

‘‘(9) the leave system for educators;

‘‘(10) the annual leave and sick leave for educators;

‘‘(11) the length of the school year applicable to education

positions described in subsection (a); and

‘‘(12) such additional matters as may be appropriate.

‘‘(c) QUALIFICATIONS OF EDUCATORS.—

‘‘(1) REQUIREMENTS.—In prescribing regulations to govern

the qualifications of educators, the Secretary shall require

that—

‘‘(A) lists of qualified and interviewed applicants for

education positions be maintained in each agency and area

office of the Bureau from among individuals who have applied at the agency or area level for an education position

or who have applied at the national level and have indicated in such application an interest in working in certain

areas or agencies;

‘‘(B) a local school board shall have the authority to

waive on a case-by-case basis, any formal education or degree qualifications established by regulation pursuant to

subsection (b)(2), in order for a tribal member to be hired

in an education position to teach courses on tribal culture

and language and that subject to subsection (e)(2), a determination by a school board that such a person be hired

shall be instituted by the supervisor of the school involved;

and

‘‘(C) that it shall not be a prerequisite to the employment of an individual in an education position at the local

level that—

‘‘(i) such individual’s name appear on a list maintained pursuant to subparagraph (A); or

‘‘(ii) such individual have applied at the national

level for an education position.

‘‘(2) EXCEPTION FOR CERTAIN TEMPORARY EMPLOYMENT.—

The Secretary may authorize the temporary employment in an

education position of an individual who has not met the certification standards established pursuant to regulations if the Secretary determines that failure to do so would result in that position remaining vacant.

‘‘(d) HIRING OF EDUCATORS.—

‘‘(1) REQUIREMENTS.—In prescribing regulations to govern

the appointment of educators, the Secretary shall require—

‘‘(A)(i)(I) that educators employed in a Bureau school

(other than the supervisor of the school) shall be hired by

the supervisor of the school; and

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‘‘(II) in a case in which there are no qualified applicants available to fill a vacancy at a Bureau school, the supervisor may consult a list maintained pursuant to subsection (c)(1)(A); ‘‘(ii) each supervisor of a Bureau school shall be hired

by the education line officer of the agency office of the Bureau for the jurisdiction in which the school is located; ‘‘(iii) each educator employed in an agency office of the

Bureau shall be hired by the superintendent for education

of the agency office; and ‘‘(iv) each education line officer and educator employed

in the office of the Director of the Office shall be hired by

the Director; ‘‘(B)(i) before an individual is employed in an education position in a Bureau school by the supervisor of the

school (or, with respect to the position of supervisor, by the

appropriate agency education line officer), the local school

board for the school shall be consulted; and ‘‘(ii) that a determination by such school board, as evidenced by school board records, that such individual

should or should not be so employed shall be instituted by

the supervisor (or with respect to the position of supervisor,

by the superintendent for education of the agency office); ‘‘(C)(i) before an individual is employed in an education position in an agency or area office of the Bureau,

the appropriate agency school board shall be consulted; and ‘‘(ii) a determination by such school board, as evidenced by school board records, that such individual

should or should not be employed shall be instituted by the

superintendent for education of the agency office; and ‘‘(D) all employment decisions or actions be in compliance with all applicable Federal, State and tribal laws.

‘‘(2) INFORMATION REGARDING APPLICATION AT NATIONAL

LEVEL.—

‘‘(A) IN GENERAL.—Any individual who applies at the

local level for an education position shall state on such individual’s application whether or not such individual has

applied at the national level for an education position in

the Bureau. ‘‘(B) DETERMINATION OF ACCURACY.—If such individual

is employed at the local level, such individual’s name shall

be immediately forwarded to the Secretary, who shall, as

soon as practicable but in no event in more than 30 days,

ascertain the accuracy of the statement made by such individual pursuant to subparagraph (A).

‘‘(C) FALSE STATEMENTS.—Notwithstanding subsection

(e), if the individual’s statement is found to have been false,

such individual, at the Secretary’s discretion, may be disciplined or discharged. ‘‘(D) CONDITIONAL APPOINTMENT FOR NATIONAL PROVI- SION.—If the individual has applied at the national level

for an education position in the Bureau, the appointment of

such individual at the local level shall be conditional for a

period of 90 days, during which period the Secretary may

appoint a more qualified individual (as determined by the

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Secretary) from the list maintained at the national level

pursuant to subsection (c)(1)(A)(ii) to the position to which

such individual was appointed.

‘‘(3) STATUTORY CONSTRUCTION.—Except as expressly provided, nothing in this section shall be construed as conferring

upon local school boards authority over, or control of, educators

at Bureau-funded schools or the authority to issue management

decisions. ‘‘(4) APPEALS.— ‘‘(A) BY SUPERVISOR.— ‘‘(i) IN GENERAL.—The supervisor of a school may

appeal to the appropriate agency education line officer

any determination by the local school board for the

school that an individual be employed, or not be employed, in an education position in the school (other

than that of supervisor) by filing a written statement

describing the determination and the reasons the supervisor believes such determination should be overturned. ‘‘(ii) ACTION BY BOARD.—A copy of such statement

shall be submitted to the local school board and such

board shall be afforded an opportunity to respond, in

writing, to such appeal. ‘‘(iii) OVERTURNING OF DETERMINATION.—After reviewing such written appeal and response, the education line officer may, for good cause, overturn the determination of the local school board. ‘‘(iv) TRANSMISSION OF DETERMINATION.—The education line officer shall transmit the determination of

such appeal in the form of a written opinion to such

board and to such supervisor identifying the reasons

for overturning such determination.

‘‘(B) BY EDUCATION LINE OFFICER.— ‘‘(i) IN GENERAL.—The education line officer of an

agency office of the Bureau may appeal to the Director

of the Office any determination by the local school

board for the school that an individual be employed, or

not be employed, as the supervisor of a school by filing

a written statement describing the determination and

the reasons the supervisor believes such determination

should be overturned.

‘‘(ii) ACTION BY BOARD.—A copy of such statement

shall be submitted to the local school board and such

board shall be afforded an opportunity to respond, in

writing, to such appeal.

‘‘(iii) OVERTURNING OF DETERMINATION.—After reviewing such written appeal and response, the Director

may, for good cause, overturn the determination of the

local school board. ‘‘(iv) TRANSMISSION OF DETERMINATION.—The Director shall transmit the determination of such appeal

in the form of a written opinion to such board and to

such education line officer identifying the reasons for

overturning such determination. ‘‘(5) OTHER APPEALS.—

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‘‘(A) IN GENERAL.—The education line officer of an

agency office of the Bureau may appeal to the Director of

the Office any determination by the agency school board

that an individual be employed, or not be employed, in an

education position in such agency office by filing a written

statement describing the determination and the reasons the

supervisor believes such determination should be overturned. ‘‘(B) ACTION BY BOARD.—A copy of such statement shall

be submitted to the agency school board and such board

shall be afforded an opportunity to respond, in writing, to

such appeal. ‘‘(C) OVERTURNING OF DETERMINATION.—After reviewing such written appeal and response, the Director may, for

good cause, overturn the determination of the agency school

board. ‘‘(D) TRANSMISSION OF DETERMINATION.—The Director

shall transmit the determination of such appeal in the form

of a written opinion to such board and to such education

line officer identifying the reasons for overturning such determination. ‘‘(e) DISCHARGE AND CONDITIONS OF EMPLOYMENT OF EDU- CATORS.—

‘‘(1) REGULATIONS.—In promulgating regulations to govern

the discharge and conditions of employment of educators, the

Secretary shall require— ‘‘(A) that procedures shall be established for the rapid

and equitable resolution of grievances of educators; ‘‘(B) that no educator may be discharged without notice

of the reasons for the discharge and an opportunity for a

hearing under procedures that comport with the requirements of due process; and ‘‘(C) that each educator employed in a Bureau school

shall be notified 30 days prior to the end of an academic

year whether the employment contract of the individual

will be renewed for the following year.

‘‘(2) PROCEDURES FOR DISCHARGE.— ‘‘(A) DETERMINATIONS.— ‘‘(i) IN GENERAL.—Except as provided in clause

(iii), the supervisor of a Bureau school may discharge

(subject to procedures established under paragraph

(1)(B)) for cause (as determined under regulations prescribed by the Secretary) any educator employed in

such school. ‘‘(ii) NOTIFICATION OF BOARD.—On giving notice to

an educator of the supervisor’s intention to discharge

the educator, the supervisor shall immediately notify

the local school board of the proposed discharge.

‘‘(iii) DETERMINATION BY BOARD.—If the local

school board determines that such educator shall not

be discharged, that determination shall be followed by

the supervisor.

‘‘(B) APPEALS.—

‘‘(i) IN GENERAL.—The supervisor shall have the

right to appeal to the education line officer of the apVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00638 Fmt 6659 Sfmt 6603 E:\HR\OC\A334HR.266 pfrm07 PsN: A334HR
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propriate agency office of the Bureau a determination

by a local school board under subparagraph (A)(iii), as

evidenced by school board records, not to discharge an

educator. ‘‘(ii) DECISION OF AGENCY EDUCATION LINE OFFI- CER.—Upon hearing such an appeal, the agency education line officer may, for good cause, issue a decision

overturning the determination of the local school board

with respect to the employment of such individual. ‘‘(iii) FORM OF DECISION.—The education line officer shall make the decision in writing and submit the

decision to the local school board. ‘‘(3) RECOMMENDATIONS OF SCHOOL BOARDS FOR DIS- CHARGE.—Each local school board for a Bureau school shall

have the right— ‘‘(A) to recommend to the supervisor that an educator

employed in the school be discharged; and ‘‘(B) to recommend to the education line officer of the

appropriate agency office of the Bureau and to the Director

of the Office, that the supervisor of the school be discharged. ‘‘(f) APPLICABILITY OF INDIAN PREFERENCE LAWS.— ‘‘(1) APPLICABILITY.— ‘‘(A) IN GENERAL.—Notwithstanding any provision of

the Indian preference laws, such laws shall not apply in the

case of any personnel action carried out under this section

with respect to an applicant or employee not entitled to an

Indian preference if each tribal organization concerned— ‘‘(i) grants a written waiver of the application of

those laws with respect to the personnel action; and ‘‘(ii) states that the waiver is necessary. ‘‘(B) NO EFFECT ON RESPONSIBILITY OF BUREAU.—This

paragraph shall not be construed to relieve the responsibility of the Bureau to issue timely and adequate announcements and advertisements concerning any such personnel

action if such action is intended to fill a vacancy (no matter

how such vacancy is created).

‘‘(2) DEFINITIONS.—In this subsection: ‘‘(A) INDIAN PREFERENCE LAWS.— ‘‘(i) IN GENERAL.—The term ‘Indian preference

laws’ means section 12 of the Act of June 18, 1934 (48

Stat. 986, chapter 576) or any other provision of law

granting a preference to Indians in promotions and

other personnel actions.

‘‘(ii) EXCLUSION.—The term ‘Indian preference

laws’ does not include section 7(b) of the Indian SelfDetermination and Education Assistance Act.

‘‘(B) TRIBAL ORGANIZATION.—The term ‘tribal organization’ means—

‘‘(i) the recognized governing body of any Indian

tribe, band, nation, pueblo, or other organized community, including a Native village (as defined in section

3(c) of the Alaska Native Claims Settlement Act); or

‘‘(ii) in connection with any personnel action referred to in this subsection, any local school board to

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which the governing body has delegated the authority

to grant a waiver under this subsection with respect to

a personnel action. ‘‘(g) COMPENSATION OR ANNUAL SALARY.— ‘‘(1) IN GENERAL.— ‘‘(A) COMPENSATION FOR EDUCATORS AND EDUCATION

POSITIONS.—Except as otherwise provided in this section,

the Secretary shall establish the compensation or annual

salary rate for educators and education positions— ‘‘(i) at rates in effect under the General Schedule

for individuals with comparable qualifications, and

holding comparable positions, to whom chapter 51 of

title 5, United States Code, is applicable; or ‘‘(ii) on the basis of the Federal Wage System

schedule in effect for the locality involved, and for the

comparable positions, at the rates of compensation in

effect for the senior executive service.

‘‘(B) COMPENSATION OR SALARY FOR TEACHERS AND

COUNSELORS.— ‘‘(i) IN GENERAL.—The Secretary shall establish the

rate of compensation, or annual salary rate, for the positions of teachers and counselors (including dormitory

counselors and home-living counselors) at the rate of

compensation applicable (on the date of enactment of

the Native American Education Improvement Act of

2001 and thereafter) for comparable positions in the

overseas schools under the Defense Department Overseas Teachers Pay and Personnel Practices Act. ‘‘(ii) ESSENTIAL PROVISIONS.—The Secretary shall

allow the local school boards involved authority to implement only the aspects of the Defense Department

Overseas Teachers Pay and Personnel Practices Act

pay provisions that are considered essential for recruitment and retention of teachers and counselors. Implementation of such provisions shall not be construed to

require the implementation of that entire Act.

‘‘(C) RATES FOR NEW HIRES.— ‘‘(i) IN GENERAL.—Beginning with the first fiscal

year following the date of enactment of the Native

American Education Improvement Act of 2001, each

local school board of a Bureau school may establish a

rate of compensation or annual salary rate described in

clause (ii) for teachers and counselors (including academic counselors) who are new hires at the school and

who had not worked at the school, as of the first day

of such fiscal year. ‘‘(ii) CONSISTENT RATES.—The rates established

under clause (i) shall be consistent with the rates paid

for individuals in the same positions, with the same

tenure and training, as the teachers and counselors, in

any other school within whose boundaries the Bureau

school is located. ‘‘(iii) DECREASES.—In a case in which the establishment of rates under clause (i) causes a reduction in

compensation at a school from the rate of compensation

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that was in effect for the first fiscal year following the

date of enactment of the Native American Education

Improvement Act of 2001, the new rates of compensation may be applied to the compensation of employees

of the school who worked at the school as of such date

of enactment by applying those rates at each contract

renewal for the employees so that the reduction takes

effect in 3 equal installments. ‘‘(iv) INCREASES.—In a case in which adoption of

rates under clause (i) leads to an increase in the payment of compensation from that which was in effect for

the fiscal year following the date of enactment of the

Native American Education Improvement Act of 2001,

the school board may make such rates applicable at the

next contract renewal such that— ‘‘(I) the increase occurs in its entirety; or

‘‘(II) the increase is applied in 3 equal installments. ‘‘(D) USE OF REGULATIONS; CONTINUED EMPLOYMENT

OF CERTAIN EDUCATORS.—The establishment of rates of

basic compensation and annual salary rates under subparagraphs (B) and (C) shall not— ‘‘(i) preclude the use of regulations and procedures

used by the Bureau prior to April 28, 1988, in making

determinations regarding promotions and advancements through levels of pay that are based on the

merit, education, experience, or tenure of the educator;

or ‘‘(ii) affect the continued employment or compensation of an educator who was employed in an education

position on October 31, 1979, and who did not make

an election under subsection (p) as in effect on January

1, 1990. ‘‘(2) POST DIFFERENTIAL RATES.—

‘‘(A) IN GENERAL.—The Secretary may pay a post differential rate, not to exceed 25 percent of the rate of compensation, for educators or education positions, on the basis

of conditions of environment or work that warrant additional pay, as a recruitment and retention incentive. ‘‘(B) SUPERVISOR’S AUTHORITY.—

‘‘(i) IN GENERAL.—Except as provided in clause (ii),

on the request of the supervisor and the local school

board of a Bureau school, the Secretary shall grant the

supervisor of the school authorization to provide 1 or

more post differential rates under subparagraph (A).

‘‘(ii) EXCEPTION.—The Secretary shall disapprove,

or approve with a modification, a request for authorization to provide a post differential rate if the Secretary determines for clear and convincing reasons

(and advises the board in writing of those reasons) that

the rate should be disapproved or decreased because

the disparity of compensation between the appropriate

educators or positions in the Bureau school, and the

comparable educators or positions at the nearest public

school, is—

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‘‘(I)(aa) at least 5 percent; or

‘‘(bb) less than 5 percent; and

‘‘(II) does not affect the recruitment or retention of employees at the school.

‘‘(iii) APPROVAL OF REQUESTS.—A request made

under clause (i) shall be considered to be approved at

the end of the 60th day after the request is received in

the Central Office of the Bureau unless before that time

the request is approved, approved with a modification,

or disapproved by the Secretary.

‘‘(iv) DISCONTINUATION OF OR DECREASE IN

RATES.—The Secretary or the supervisor of a Bureau

school may discontinue or decrease a post differential

rate provided for under this paragraph at the beginning of an academic year if—

‘‘(I) the local school board requests that such

differential be discontinued or decreased; or

‘‘(II) the Secretary or the supervisor, respectively, determines for clear and convincing reasons

(and advises the board in writing of those reasons)

that there is no disparity of compensation that

would affect the recruitment or retention of employees at the school after the differential is discontinued or decreased.

‘‘(v) REPORTS.—On or before February 1 of each

year, the Secretary shall submit to Congress a report

describing the requests and approvals of authorization

made under this paragraph during the previous year

and listing the positions receiving post differential

rates under contracts entered into under those authorizations.

‘‘(h) LIQUIDATION OF REMAINING LEAVE UPON TERMINATION.—

Upon termination of employment with the Bureau, any annual leave

remaining to the credit of an individual covered by of this section

shall be liquidated in accordance with sections 5551(a) and 6306 of

title 5, United States Code, except that leave earned or accrued

under regulations promulgated pursuant to subsection (b)(10) shall

not be so liquidated.

‘‘(i) TRANSFER OF REMAINING SICK LEAVE UPON TRANSFER,

PROMOTION, OR REEMPLOYMENT.—In the case of any educator who

is transferred, promoted, or reappointed, without break in service,

to a position in the Federal Government under a different leave system, any remaining leave to the credit of such person earned or

credited under the regulations promulgated pursuant to subsection

(b)(10) shall be transferred to such person’s credit in the employing

agency on an adjusted basis in accordance with regulations which

shall be promulgated by the Office of Personnel Management.

‘‘(j) INELIGIBILITY FOR EMPLOYMENT OF VOLUNTARILY TERMINATED EDUCATORS.—An educator who voluntarily terminates employment with the Bureau before the expiration of the existing employment contract between such educator and the Bureau shall not

be eligible to be employed in another education position in the Bureau during the remainder of the term of such contract.

639

‘‘(k) DUAL COMPENSATION.—In the case of any educator employed in an education position described in subsection (l)(1)(A)

who—

‘‘(1) is employed at the close of a school year;

‘‘(2) agrees in writing to serve in such position for the next

school year; and

‘‘(3) is employed in another position during the recess period immediately preceding such next school year, or during

such recess period receives additional compensation referred to

in section 5533 of title 5, United States Code, relating to dual

compensation,

shall not apply to such educator by reason of any such employment

during a recess period for any receipt of additional compensation.

‘‘(l) VOLUNTARY SERVICES.—

‘‘(1) IN GENERAL.—Notwithstanding section 1342 of title 31,

United States Code, the Secretary may, subject to the approval

of the local school board concerned, accept voluntary services on

behalf of Bureau schools.

‘‘(2) FEDERAL EMPLOYEE PROTECTION.—Nothing in this part

requires Federal employees to work without compensation or allows the use of volunteer services to displace or replace Federal

employees.

‘‘(3) FEDERAL STATUS.—An individual providing volunteer

services under this section is a Federal employee only for purposes of chapter 81 of title 5, United States Code, and chapter

171 of title 28, United States Code.

‘‘(m) PRORATION OF PAY.—

‘‘(1) ELECTION OF EMPLOYEE.—

‘‘(A) IN GENERAL.—Notwithstanding any other provision of law, including laws relating to dual compensation,

the Secretary, at the election of the employee, shall prorate

the salary of an employee employed in an education position for the academic school year over the entire 12-month

period.

‘‘(B) ELECTION.—Each educator employed for the academic school year shall annually elect to be paid on a 12-

month basis or for those months while school is in session.

‘‘(C) NO LOSS OF PAY OR BENEFITS.—No educator shall

suffer a loss of pay or benefits, including benefits under unemployment or other Federal or federally assisted programs, because of such election.

‘‘(2) CHANGE OF ELECTION.—During the course of such year

the employee may change election once.

‘‘(3) LUMP SUM PAYMENT.—That portion of the employee’s

pay which would be paid between academic school years may

be paid in a lump sum at the election of the employee.

‘‘(4) NONAPPLICABILITY.—This subsection applies to those

individuals employed under the provisions of section 1132 of

this title or title 5, United States Code.

‘‘(5) DEFINITIONS.—For purposes of this subsection, the

terms ‘educator’ and ‘education position’ have the meanings

contained in paragraphs (1) and (2) of subsection (o).

‘‘(n) EXTRACURRICULAR ACTIVITIES.—

‘‘(1) STIPEND.—

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‘‘(A) IN GENERAL.—Notwithstanding any other provision of law, the Secretary may provide, for each Bureau

area, a stipend in lieu of overtime premium pay or compensatory time off. ‘‘(B) PROVISION TO EMPLOYEES.—Any employee of the

Bureau who performs additional activities to provide services to students or otherwise support the school’s academic

and social programs may elect to be compensated for all

such work on the basis of the stipend. ‘‘(C) NATURE OF STIPEND.—Such stipend shall be paid

as a supplement to the employee’s base pay. ‘‘(2) ELECTION NOT TO RECEIVE STIPEND.—If an employee

elects not to be compensated through the stipend established by

this subsection, the appropriate provisions of title 5, United

States Code, shall apply. ‘‘(3) APPLICABILITY OF SUBSECTION.—This subsection applies to all Bureau employees, regardless of whether the employee is employed under section 1132 of this title or title 5,

United States Code.

‘‘(o) DEFINITIONS.—In this section: ‘‘(1) EDUCATION POSITION.—The term ‘education position’ means a position in the Bureau the duties and responsibilities

of which—

‘‘(A)(i) are performed on a school year basis principally

in a Bureau school; and ‘‘(ii) involve— ‘‘(I) classroom or other instruction or the supervision or direction of classroom or other instruction; ‘‘(II) any activity (other than teaching) which requires academic credits in educational theory and

practice equal to the academic credits in educational

theory and practice required for a bachelor’s degree in

education from an accredited institution of higher education;

‘‘(III) any activity in or related to the field of education notwithstanding that academic credits in educational theory and practice are not a formal requirement for the conduct of such activity; or

‘‘(IV) support services at, or associated with, the

site of the school; or

‘‘(B) are performed at the agency level of the Bureau

and involve the implementation of education-related programs other than the position for agency superintendent for

education.

‘‘(2) EDUCATOR.—The term ‘educator’ means an individual

whose services are required, or who is employed, in an education position.

‘‘(p) COVERED INDIVIDUALS; ELECTION.—This section shall

apply with respect to any educator hired after November 1, 1979

(and to any educator who elected for coverage under that provision

after November 1, 1979) and to the position in which such individual is employed. The enactment of this section shall not affect the

continued employment of an individual employed on October 31,

1979, in an education position, or such person’s right to receive the

compensation attached to such position.

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‘‘(q) FURLOUGH WITHOUT CONSENT.— ‘‘(1) IN GENERAL.—An educator who was employed in an

education position on October 31, 1979, who was eligible to

make an election under subsection (p) at that time, and who did

not make the election under such subsection, may not be placed

on furlough (within the meaning of section 7511(a)(5) of title 5,

United States Code, without the consent of such educator for an

aggregate of more than 4 weeks within the same calendar year,

unless—‘‘(A) the supervisor, with the approval of the local

school board (or of the education line officer upon appeal

under paragraph (2)), of the Bureau school at which such

educator provides services determines that a longer period

of furlough is necessary due to an insufficient amount of

funds available for personnel compensation at such school,

as determined under the financial plan process as determined under section 1129(b); and ‘‘(B) all educators (other than principals and clerical

employees) providing services at such Bureau school are

placed on furloughs of equal length, except that the supervisor, with the approval of the local school board (or of the

agency education line officer upon appeal under paragraph

(2)), may continue 1 or more educators in pay status if— ‘‘(i) such educators are needed to operate summer

programs, attend summer training sessions, or participate in special activities including curriculum development committees; and ‘‘(ii) such educators are selected based upon such

educator’s qualifications after public notice of the minimum qualifications reasonably necessary and without

discrimination as to supervisory, nonsupervisory, or

other status of the educators who apply. ‘‘(2) APPEALS.—The supervisor of a Bureau school may appeal to the appropriate agency education line officer any refusal

by the local school board to approve any determination of the

supervisor that is described in paragraph (1)(A) by filing a

written statement describing the determination and the reasons

the supervisor believes such determination should be approved.

A copy of such statement shall be submitted to the local school

board and such board shall be afforded an opportunity to respond, in writing, to such appeal. After reviewing such written

appeal and response, the education line officer may, for good

cause, approve the determination of the supervisor. The educational line officer shall transmit the determination of such

appeal in the form of a written opinion to such local school

board and to the supervisor identifying the reasons for approving such determination.

‘‘(r) STIPENDS.—The Secretary is authorized to provide annual

stipends to teachers who become certified by the National Board of

Professional Teaching Standards, the National Council on Teacher

Quality, or other nationally recognized certification or credentialing

organizations.

‘‘SEC. 1133. COMPUTERIZED MANAGEMENT INFORMATION SYSTEM.

‘‘(a) IN GENERAL.—Not later than 12 months after the date of

enactment of the Native American Education Improvement Act of

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2001, the Secretary shall update the computerized management information system within the Office. The information to be updated

shall include information regarding—

‘‘(1) student enrollment;

‘‘(2) curricula;

‘‘(3) staffing;

‘‘(4) facilities;

‘‘(5) community demographics;

‘‘(6) student assessment information;

‘‘(7) information on the administrative and program costs

attributable to each Bureau program, divided into discrete elements;

‘‘(8) relevant reports;

‘‘(9) personnel records;

‘‘(10) finance and payroll; and

‘‘(11) such other items as the Secretary determines to be appropriate.

‘‘(b) IMPLEMENTATION OF SYSTEM.—Not later than July 1, 2003,

the Secretary shall complete the implementation of the updated computerized management information system at each Bureau field office and Bureau-funded school.

‘‘SEC. 1134. RECRUITMENT OF INDIAN EDUCATORS.

‘‘The Secretary shall institute a policy for the recruitment of

qualified Indian educators and a detailed plan to promote employees from within the Bureau. Such plan shall include opportunities

for acquiring work experience prior to actual work assignment.

‘‘SEC. 1135. ANNUAL REPORT; AUDITS.

‘‘(a) ANNUAL REPORTS.—The Secretary shall submit to each appropriate committee of Congress, all Bureau-funded schools, and the

tribal governing bodies of such schools, a detailed annual report on

the state of education within the Bureau, and any problems encountered in Indian education during the period covered by the report,

that includes—

‘‘(1) suggestions for the improvement of the Bureau educational system and for increasing tribal or local Indian control

of such system; and

‘‘(2) information on the status of tribally controlled community colleges.

‘‘(b) BUDGET REQUEST.—The annual budget request for the education programs of the Bureau, as submitted as part of the President’s next annual budget request under section 1105 of title 31,

United States Code, shall include the plans required by sections

1121(c), 1122(c), and 1124(c).

‘‘(c) FINANCIAL AND COMPLIANCE AUDITS.—The Inspector General of the Department of the Interior shall establish a system to ensure that financial and compliance audits, based upon the extent to

which a school described in subsection (a) has complied with the

local financial plan under section 1130, are conducted of each Bureau-operated school at least once every 3 years. ‘‘(d) ADMINISTRATIVE EVALUATION OF SCHOOLS.—The Director

shall, at least once every 3 to 5 years, conduct a comprehensive evaluation of Bureau-operated schools. Such evaluation shall be in addition to any other program review or evaluation that may be required under Federal law.

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‘‘SEC. 1136. RIGHTS OF INDIAN STUDENTS.

‘‘The Secretary shall prescribe such rules and regulations as are

necessary to ensure the constitutional and civil rights of Indian students attending Bureau-funded schools, including such students’

rights to—

‘‘(1) privacy under the laws of the United States;

‘‘(2) freedom of religion and expression; and

‘‘(3) to due process in connection with disciplinary actions,

suspensions, and expulsions.

‘‘SEC. 1137. REGULATIONS.

‘‘(a) PROMULGATION.—

‘‘(1) IN GENERAL.—The Secretary may promulgate only

such regulations—

‘‘(A) as are necessary to ensure compliance with the

specific provisions of this part; and

‘‘(B) as the Secretary is authorized to promulgate pursuant to section 5211 of the Tribally Controlled Schools Act

of 1988 (25 U.S.C. 2510).

‘‘(2) PUBLICATION.—In promulgating the regulations, the

Secretary shall—

‘‘(A) publish proposed regulations in the Federal Register; and

‘‘(B) provide a period of not less than 120 days for public comment and consultation on the regulations.

‘‘(3) CITATION.—The regulations shall contain, immediately

following each regulatory section, a citation to any statutory

provision providing authority to promulgate such regulatory

section.

‘‘(b) MISCELLANEOUS.—The provisions of this Act shall supersede any conflicting provisions of law (including any conflicting regulations) in effect on the day before the date of enactment of this Act

and the Secretary is authorized to repeal any regulation inconsistent

with the provisions of this Act.

‘‘SEC. 1138. REGIONAL MEETINGS AND NEGOTIATED RULEMAKING.

‘‘(a) REGIONAL MEETINGS.—Prior to publishing any proposed

regulations under subsection (b)(1), and prior to establishing the negotiated rulemaking committee under subsection (b)(3), the Secretary shall convene regional meetings to consult with personnel of

the Office of Indian Education Programs, educators at Bureau

schools, and tribal officials, parents, teachers, administrators, and

school board members of tribes served by Bureau-funded schools to

provide guidance to the Secretary on the content of regulations authorized to be promulgated under this part and the Tribally Controlled Schools Act of 1988.

‘‘(b) NEGOTIATED RULEMAKING.—

‘‘(1) IN GENERAL.—Notwithstanding sections 563(a) and

565(a) of title 5, United States Code, the Secretary shall promulgate regulations authorized under subsection (a) and under

the Tribally Controlled Schools Act of 1988, in accordance with

the negotiated rulemaking procedures provided for under subchapter III of chapter 5 of title 5, United States Code, and shall

publish final regulations in the Federal Register.

‘‘(2) NOTIFICATION TO CONGRESS.—If draft regulations implementing this part and the Tribally Controlled Schools Act of

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1988 are not promulgated in final form within 18 months after

the date of enactment of the Native American Education Improvement Act of 2001, the Secretary shall notify the appropriate committees of Congress of which draft regulations were

not promulgated in final form by the deadline and the reason

such final regulations were not promulgated. ‘‘(3) RULEMAKING COMMITTEE.—The Secretary shall establish a negotiated rulemaking committee to carry out this subsection. In establishing such committee, the Secretary shall— ‘‘(A) apply the procedures provided for under subchapter III of chapter 5 of title 5, United States Code, in

a manner that reflects the unique government-to-government relationship between Indian tribes and the United

States; ‘‘(B) ensure that the membership of the committee includes only representatives of the Federal Government and

of tribes served by Bureau-funded schools; ‘‘(C) select the tribal representatives of the committee

from among individuals nominated by the representatives

of the tribal and tribally operated schools; ‘‘(D) ensure, to the maximum extent possible, that the

tribal representative membership on the committee reflects

the proportionate share of students from tribes served by

the Bureau-funded school system; and ‘‘(E) comply with the Federal Advisory Committee Act

(5 U.S.C. App.).

‘‘(4) SPECIAL RULE.—The Secretary shall carry out this section using the general administrative funds of the Department

of the Interior. In accordance with subchapter III of chapter 5

of title 5, United States Code, and section 7(d) of the Federal

Advisory Committee Act, payment of costs associated with negotiated rulemaking shall include the reasonable expenses of committee members.

‘‘(c) APPLICATION OF SECTION.— ‘‘(1) SUPREMACY OF PROVISIONS.—The provisions of this

section shall supersede any conflicting regulations in effect on

the day before the date of enactment of this part, and the Secretary may repeal any regulation that is inconsistent with the

provisions of this part. ‘‘(2) MODIFICATIONS.—The Secretary may modify regulations promulgated under this section or the Tribally Controlled

Schools Act of 1988, only in accordance with this section.

‘‘SEC. 1139. EARLY CHILDHOOD DEVELOPMENT PROGRAM.

‘‘(a) IN GENERAL.—The Secretary shall provide grants to tribes,

tribal organizations, and consortia of tribes and tribal organizations to fund early childhood development programs that are operated by such tribes, organizations, or consortia.

‘‘(b) AMOUNT OF GRANTS.—

‘‘(1) IN GENERAL.—The total amount of the grants provided

under subsection (a) with respect to each tribe, tribal organization, or consortium of tribes or tribal organizations for each fiscal year shall be equal to the amount which bears the same relationship to the total amount appropriated under the authority

of subsection (g) for such fiscal year (less amounts provided

under subsection (f)) as—

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‘‘(A) the total number of children under 6 years of age

who are members of— ‘‘(i) such tribe;

‘‘(ii) the tribe that authorized such tribal organization; or ‘‘(iii) any tribe that— ‘‘(I) is a member of such consortium; or

‘‘(II) authorizes any tribal organization that is

a member of such consortium; bears to ‘‘(B) the total number of all children under 6 years of

age who are members of any tribe that— ‘‘(i) is eligible to receive funds under subsection (a);

‘‘(ii) is a member of a consortium that is eligible to

receive such funds; or ‘‘(iii) authorizes a tribal organization that is eligible to receive such funds. ‘‘(2) LIMITATION.—No grant may be provided under subsection (a)—

‘‘(A) to any tribe that has less than 500 members;

‘‘(B) to any tribal organization which is authorized— ‘‘(i) by only one tribe that has less than 500 members; or ‘‘(ii) by one or more tribes that have a combined

total membership of less than 500 members; or

‘‘(C) to any consortium composed of tribes, or tribal organizations authorized by tribes, that have a combined

total tribal membership of less than 500 members. ‘‘(c) APPLICATION.— ‘‘(1) IN GENERAL.—A grant may be provided under subsection (a) to a tribe, tribal organization, or consortium of tribes

and tribal organizations only if the tribe, organization, or consortium submits to the Secretary an application for the grant

at such time and in such form as the Secretary shall prescribe. ‘‘(2) CONTENTS.—Applications submitted under paragraph

(1) shall set forth the early childhood development program that

the applicant desires to operate.

‘‘(d) REQUIREMENT OF PROGRAMS FUNDED.—The early childhood development programs that are funded by grants provided

under subsection (a)— ‘‘(1) shall coordinate existing programs and may provide

services that meet identified needs of parents and children

under 6 years of age which are not being met by existing programs, including— ‘‘(A) prenatal care;

‘‘(B) nutrition education;

‘‘(C) health education and screening;

‘‘(D) family literacy services;

‘‘(E) educational testing; and

‘‘(F) other educational services; ‘‘(2) may include instruction in the language, art, and culture of the tribe; and

‘‘(3) shall provide for periodic assessment of the program.

‘‘(e) COORDINATION OF FAMILY LITERACY PROGRAMS.—Family

literacy programs operated under this section and other family literacy programs operated by the Bureau of Indian Affairs shall be

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coordinated with family literacy programs for Indian children

under part B of title I of the Elementary and Secondary Education

Act of 1965 in order to avoid duplication and to encourage the dissemination of information on quality family literacy programs serving Indians.

‘‘(f) ADMINISTRATIVE COSTS.—The Secretary shall, out of funds

appropriated under subsection (g), include in the grants provided

under subsection (a) amounts for administrative costs incurred by

the tribe, tribal organization, or consortium of tribes in establishing

and maintaining the early childhood development program.

‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section such sums as may be

necessary.

‘‘SEC. 1140. TRIBAL DEPARTMENTS OR DIVISIONS OF EDUCATION.

‘‘(a) IN GENERAL.—Subject to the availability of appropriations,

the Secretary shall make grants and provide technical assistance to

tribes for the development and operation of tribal departments or divisions of education for the purpose of planning and coordinating

all educational programs of the tribe.

‘‘(b) APPLICATIONS.—For a tribe to be eligible to receive a grant

under this section, the governing body of the tribe shall submit an

application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.

‘‘(c) DIVERSITY.—The Secretary shall award grants under this

section in a manner that fosters geographic and population diversity.

‘‘(d) USE.—Tribes that receive grants under this section shall

use the funds made available through the grants—

‘‘(1) to facilitate tribal control in all matters relating to the

education of Indian children on reservations (and on former Indian reservations in Oklahoma);

‘‘(2) to provide for the development of coordinated educational programs (including all preschool, elementary, secondary, and higher or vocational educational programs funded

by tribal, Federal, or other sources) on reservations (and on

former Indian reservations in Oklahoma) by encouraging tribal

administrative support of all Bureau-funded educational programs as well as encouraging tribal cooperation and coordination with entities carrying out all educational programs receiving financial support from other Federal agencies, State agencies, or private entities; and

‘‘(3) to provide for the development and enforcement of tribal educational codes, including tribal educational policies and

tribal standards applicable to curriculum, personnel, students,

facilities, and support programs.

‘‘(e) PRIORITIES.—In making grants under this section, the Secretary shall give priority to any application that—

‘‘(1) includes—

‘‘(A) assurances that the applicant serves 3 or more separate Bureau-funded schools; and

‘‘(B) assurances from the applicant that the tribal department of education to be funded under this section will

provide coordinating services and technical assistance to all

of such schools;

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‘‘(2) includes assurances that all education programs for

which funds are provided by such a contract or grant will be

monitored and audited, by or through the tribal department of

education, to ensure that the programs meet the requirements

of law; and ‘‘(3) provides a plan and schedule that— ‘‘(A) provides for— ‘‘(i) the assumption, by the tribal department of

education, of all assets and functions of the Bureau

agency office associated with the tribe, to the extent the

assets and functions relate to education; and ‘‘(ii) the termination by the Bureau of such functions and office at the time of such assumption; and

‘‘(B) provides that the assumption shall occur over the

term of the grant made under this section, except that,

when mutually agreeable to the tribal governing body and

the Assistant Secretary, the period in which such assumption is to occur may be modified, reduced, or extended after

the initial year of the grant. ‘‘(f) TIME PERIOD OF GRANT.—Subject to the availability of appropriated funds, a grant provided under this section shall be provided for a period of 3 years. If the performance of the grant recipient is satisfactory to the Secretary, the grant may be renewed for additional 3-year terms. ‘‘(g) TERMS, CONDITIONS, OR REQUIREMENTS.—A tribe that receives a grant under this section shall comply with regulations relating to grants made under section 103(a) of the Indian Self-Determination and Education Assistance Act that are in effect on the

date that the tribal governing body submits the application for the

grant under subsection (b). The Secretary shall not impose any

terms, conditions, or requirements on the provision of grants under

this section that are not specified in this section. ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section $2,000,000.

‘‘SEC. 1141. DEFINITIONS.

‘‘For the purposes of this part, unless otherwise specified: ‘‘(1) AGENCY SCHOOL BOARD.—The term ‘agency school

board’ means a body— ‘‘(A) the members of which are appointed by all of the

school boards of the schools located within an agency, including schools operated under contract or grant; and

‘‘(B) the number of such members is determined by the

Secretary, in consultation with the affected tribes;

except that, in agencies serving a single school, the school board

of such school shall fulfill these duties, and in agencies having

schools or a school operated under contract or grant, 1 such

member at least shall be from such a school.

‘‘(2) BUREAU.—The term ‘Bureau’ means the Bureau of Indian Affairs of the Department of the Interior.

‘‘(3) BUREAU-FUNDED SCHOOL.—The term ‘Bureau-funded

school’ means—

‘‘(A) a Bureau school;

‘‘(B) a contract or grant school; or

‘‘(C) a school for which assistance is provided under

the Tribally Controlled Schools Act of 1988.

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‘‘(4) BUREAU SCHOOL.—The term ‘Bureau school’ means a

Bureau-operated elementary or secondary day or boarding

school or a Bureau-operated dormitory for students attending a

school other than a Bureau school. ‘‘(5) COMPLEMENTARY EDUCATIONAL FACILITIES.—The term ‘complementary educational facilities’ means educational program functional spaces such as libraries, gymnasiums, and

cafeterias. ‘‘(6) CONTRACT OR GRANT SCHOOL.—The term ‘contract or

grant school’ means an elementary school, secondary school, or

dormitory that receives financial assistance for its operation

under a contract, grant, or agreement with the Bureau under

section 102, 103(a), or 208 of the Indian Self-Determination and

Education Assistance Act, or under the Tribally Controlled

Schools Act of 1988. ‘‘(7) DIRECTOR.—The term ‘Director’ means the Director of

the Office of Indian Education Programs. ‘‘(8) EDUCATION LINE OFFICER.—The term ‘education line officer’ means a member of the education personnel under the supervision of the Director of the Office, whether located in a central, area, or agency office. ‘‘(9) FAMILY LITERACY SERVICES.—The term ‘family literacy

services’ has the meaning given that term in section 8101 of the

Elementary and Secondary Education Act of 1965 (20 U.S.C.

8801). ‘‘(10) FINANCIAL PLAN.—The term ‘financial plan’ means a

plan of services provided by each Bureau school. ‘‘(11) INDIAN ORGANIZATION.—the term ‘Indian organization’ means any group, association, partnership, corporation, or

other legal entity owned or controlled by a federally recognized

Indian tribe or tribes, or a majority of whose members are

members of federally recognized tribes. ‘‘(12) INHERENTLY FEDERAL FUNCTIONS.—The term ‘inherently Federal functions’ means functions and responsibilities

which, under section 1126(c), are noncontractable, including—

‘‘(A) the allocation and obligation of Federal funds and

determinations as to the amounts of expenditures;

‘‘(B) the administration of Federal personnel laws for

Federal employees;

‘‘(C) the administration of Federal contracting and

grant laws, including the monitoring and auditing of contracts and grants in order to maintain the continuing trust,

programmatic, and fiscal responsibilities of the Secretary;

‘‘(D) the conducting of administrative hearings and deciding of administrative appeals;

‘‘(E) the determination of the Secretary’s views and recommendations concerning administrative appeals or litigation and the representation of the Secretary in administrative appeals and litigation;

‘‘(F) the issuance of Federal regulations and policies as

well as any documents published in the Federal Register;

‘‘(G) reporting to Congress and the President;

‘‘(H) the formulation of the Secretary’s and the President’s policies and their budgetary and legislative recommendations and views; and

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‘‘(I) the nondelegable statutory duties of the Secretary

relating to trust resources.

‘‘(13) LOCAL EDUCATIONAL AGENCY.—The term ‘local educational agency’ means a board of education or other legally

constituted local school authority having administrative control

and direction of free public education in a county, township, or

independent or other school district located within a State, and

includes any State agency that directly operates and maintains

facilities for providing free public education.

‘‘(14) LOCAL SCHOOL BOARD.—The term ‘local school board’,

when used with respect to a Bureau school, means a body chosen in accordance with the laws of the tribe to be served or, in

the absence of such laws, elected by the parents of the Indian

children attending the school, except that, for a school serving

a substantial number of students from different tribes—

‘‘(A) the members of the body shall be appointed by the

tribal governing bodies of the tribes affected; and

‘‘(B) the number of such members shall be determined

by the Secretary in consultation with the affected tribes.

‘‘(15) OFFICE.—The term ‘Office’ means the Office of Indian

Education Programs within the Bureau.

‘‘(16) REGULATION.—

‘‘(A) IN GENERAL.—The term ‘regulation’ means any

part of a statement of general or particular applicability of

the Secretary designed to carry out, interpret, or prescribe

law or policy in carrying out this Act.

‘‘(B) RULE OF CONSTRUCTION.—Nothing in subparagraph (A) or any other provision of this title shall be construed to prohibit the Secretary from issuing guidance, internal directives, or other documents similar to the documents found in the Indian Affairs Manual of the Bureau

of Indian Affairs.

‘‘(17) SECRETARY.—The term ‘Secretary’ means the Secretary of the Interior.

‘‘(18) SUPERVISOR.—The term ‘supervisor’ means the individual in the position of ultimate authority at a Bureau school.

‘‘(19) TRIBAL GOVERNING BODY.—The term ‘tribal governing

body’ means, with respect to any school, the tribal governing

body, or tribal governing bodies, that represent at least 90 percent of the students served by such school.

‘‘(20) TRIBE.—The term ‘tribe’ means any Indian tribe,

band, nation, or other organized group or community, including

an Alaska Native Regional Corporation or Village Corporation

(as defined in or established pursuant to the Alaska Native

Claims Settlement Act), which is recognized as eligible for the

special programs and services provided by the United States to

Indians because of their status as Indians.’’.

SEC. 1043. TRIBALLY CONTROLLED SCHOOLS ACT OF 1988.

The Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et

seq.) is amended by striking sections 5202 through 5212 and inserting the following new sections:

‘‘SEC. 5202. DECLARATION OF POLICY.

‘‘(a) RECOGNITION.—Congress recognizes that the Indian SelfDetermination and Education Assistance Act, which was a product

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of the legitimate aspirations and a recognition of the inherent authority of Indian nations, was and is a crucial positive step towards

tribal and community control and that the United States has an obligation to assure maximum Indian participation in the direction of

educational services so as to render the persons administering such

services and the services themselves more responsive to the needs

and desires of Indian communities. ‘‘(b) COMMITMENT.—Congress declares its commitment to the

maintenance of the Federal Government’s unique and continuing

trust relationship with and responsibility to the Indian people for

the education of Indian children through the establishment of a

meaningful Indian self-determination policy for education that will

deter further perpetuation of Federal bureaucratic domination of

programs. ‘‘(c) NATIONAL GOAL.—Congress declares that a national goal of

the United States is to provide the resources, processes, and structure that will enable tribes and local communities to obtain the

quantity and quality of educational services and opportunities that

will permit Indian children— ‘‘(1) to compete and excel in areas of their choice; and

‘‘(2) to achieve the measure of self-determination essential to

their social and economic well-being.

‘‘(d) EDUCATIONAL NEEDS.—Congress affirms— ‘‘(1) true self-determination in any society of people is dependent upon an educational process that will ensure the development of qualified people to fulfill meaningful leadership

roles;‘‘(2) that Indian people have special and unique educational needs, including the need for programs to meet the linguistic and cultural aspirations of Indian tribes and communities; and ‘‘(3) that those needs may best be met through a grant process.

‘‘(e) FEDERAL RELATIONS.—Congress declares a commitment to

the policies described in this section and support, to the full extent

of congressional responsibility, for Federal relations with the Indian

nations. ‘‘(f) TERMINATION.—Congress repudiates and rejects House Concurrent Resolution 108 of the 83d Congress and any policy of unilateral termination of Federal relations with any Indian Nation.

‘‘SEC. 5203. GRANTS AUTHORIZED.

‘‘(a) IN GENERAL.—

‘‘(1) ELIGIBILITY.—The Secretary shall provide grants to Indian tribes, and tribal organizations that—

‘‘(A) operate contract schools under title XI of the Education Amendments of 1978 and notify the Secretary of

their election to operate the schools with assistance under

this part rather than continuing the schools as contract

schools;

‘‘(B) operate other tribally controlled schools eligible for

assistance under this part and submit applications (which

are approved by their tribal governing bodies) to the Secretary for such grants; or

‘‘(C) elect to assume operation of Bureau-funded schools

with the assistance under this part and submit applicaVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00654 Fmt 6659 Sfmt 6603 E:\HR\OC\A334HR.272 pfrm07 PsN: A334HR
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tions (which are approved by their tribal governing bodies)

to the Secretary for such grants.

‘‘(2) DEPOSIT OF FUNDS.—Grants provided under this part

shall be deposited into the general operating fund of the tribally

controlled school with respect to which the grant is made. ‘‘(3) USE OF FUNDS.— ‘‘(A) IN GENERAL.—Except as otherwise provided in this

paragraph, grants provided under this part shall be used

to defray, at the discretion of the school board of the tribally controlled school with respect to which the grant is

provided, any expenditures for education related activities

for which any funds that compose the grant may be used

under the laws described in section 5205(a), including expenditures for— ‘‘(i) school operations, academic, educational, residential, guidance and counseling, and administrative

purposes; and ‘‘(ii) support services for the school, including

transportation.

‘‘(B) EXCEPTION.—Grants provided under this part

may, at the discretion of the school board of the tribally

controlled school with respect to which such grant is provided, be used to defray operations and maintenance expenditures for the school if any funds for the operation and

maintenance of the school are allocated to the school under

the provisions of any of the laws described in section

5205(a). ‘‘(b) LIMITATIONS.— ‘‘(1) ONE GRANT PER TRIBE OR ORGANIZATION PER FISCAL

YEAR.—Not more than 1 grant may be provided under this part

with respect to any Indian tribe or tribal organization for any

fiscal year. ‘‘(2) NONSECTARIAN USE.—Funds provided under any grant

made under this part may not be used in connection with religious worship or sectarian instruction.

‘‘(3) ADMINISTRATIVE COSTS LIMITATION.—Funds provided

under any grant under this part may not be expended for administrative costs (as defined in section 1128(h)(1) of the Education Amendments of 1978) in excess of the amount generated

for such costs under section 1128 of such Act.

‘‘(c) LIMITATION ON TRANSFER OF FUNDS AMONG SCHOOL

SITES.—

‘‘(1) IN GENERAL.—In the case of a grantee that operates

schools at more than 1 school site, the grantee may expend at

any school site operated by the grantee not more than the lesser

of—

‘‘(A) 10 percent of the funds allocated for another

school site under section 1128 of the Education Amendments of 1978; or ‘‘(B) $400,000 of the funds allocated for another school

site.

‘‘(2) DEFINITION OF SCHOOL SITE.—For purposes of this subsection, the term ‘school site’ means the physical location and

the facilities of an elementary or secondary educational or residential program operated by, or under contract or grant with,

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the Bureau for which a discreet student count is identified

under the funding formula established under section 1127 of

the Education Amendments of 1978.

‘‘(d) NO REQUIREMENT TO ACCEPT GRANTS.—Nothing in this

part may be construed—

‘‘(1) to require a tribe or tribal organization to apply for or

accept; or

‘‘(2) to allow any person to coerce any tribe or tribal organization to apply for, or accept,

a grant under this part to plan, conduct, and administer all of, or

any portion of, any Bureau program. Such applications and the

timing of such applications shall be strictly voluntary. Nothing in

this part may be construed as allowing or requiring any grant with

any entity other than the entity to which the grant is provided.

‘‘(e) NO EFFECT ON FEDERAL RESPONSIBILITY.—Grants provided

under this part shall not terminate, modify, suspend, or reduce the

responsibility of the Federal Government to provide a program.

‘‘(f) RETROCESSION.—

‘‘(1) IN GENERAL.—Whenever a tribal governing body requests retrocession of any program for which assistance is provided under this part, such retrocession shall become effective

upon a date specified by the Secretary that is not later than 120

days after the date on which the tribal governing body requests

the retrocession. A later date may be specified if mutually

agreed upon by the Secretary and the tribal governing body. If

such a program is retroceded, the Secretary shall provide to any

Indian tribe served by such program at least the same quantity

and quality of services that would have been provided under

such program at the level of funding provided under this part

prior to the retrocession.

‘‘(2) STATUS AFTER RETROCESSION.—The tribe requesting

retrocession shall specify whether the retrocession is to status as

a Bureau-operated school or as a school operated under contract under the Indian Self-Determination and Education Assistance Act.

‘‘(3) TRANSFER OF EQUIPMENT AND MATERIALS.—Except as

otherwise determined by the Secretary, the tribe or tribal organization operating the program to be retroceded must transfer

to the Secretary (or to the tribe or tribal organization which will

operate the program as a contract school) the existing equipment and materials which were acquired—

‘‘(A) with assistance under this part; or

‘‘(B) upon assumption of operation of the program

under this part, if the school was a Bureau-funded school

under title XI of the Education Amendments of 1978 before

receiving assistance under this part.

‘‘(g) PROHIBITION OF TERMINATION FOR ADMINISTRATIVE CONVENIENCE.—Grants provided under this part may not be terminated, modified, suspended, or reduced solely for the convenience of

the administering agency.

‘‘SEC. 5204. COMPOSITION OF GRANTS.

‘‘(a) IN GENERAL.—The grant provided under this part to an Indian tribe or tribal organization for any fiscal year shall consist

of—

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‘‘(1) the total amount of funds allocated for such fiscal year

under sections 1127 and 1128 of the Education Amendments of

1978 with respect to the tribally controlled schools eligible for

assistance under this part which are operated by such Indian

tribe or tribal organization, including, but not limited to, funds

provided under such sections, or under any other provision of

law, for transportation costs;

‘‘(2) to the extent requested by such Indian tribe or tribal

organization, the total amount of funds provided from operations and maintenance accounts and, notwithstanding section

105 of the Indian Self-Determination Act, or any other provision of law, other facilities accounts for such schools for such

fiscal year (including but not limited to those referenced under

section 1126(d) of the Education Amendments of 1978 or any

other law); and

‘‘(3) the total amount of funds that are allocated to such

schools for such fiscal year under—

‘‘(A) title I of the Elementary and Secondary Education

Act of 1965;

‘‘(B) the Individuals with Disabilities Education Act;

and

‘‘(C) any other Federal education law, that are allocated to such schools for such fiscal year.

‘‘(b) SPECIAL RULES.—

‘‘(1) IN GENERAL.—

‘‘(A) APPLICABILITY OF CERTAIN LAWS.—Funds allocated to a tribally controlled school by reason of paragraph

(1) or (2) of subsection (a) shall be subject to the provisions

of this part and shall not be subject to any additional restriction, priority, or limitation that is imposed by the Bureau with respect to funds provided under—

‘‘(i) title I of the Elementary and Secondary Education Act of 1965;

‘‘(ii) the Individuals with Disabilities Education

Act; or

‘‘(iii) any Federal education law other than title XI

of the Education Amendments of 1978.

‘‘(B) APPLICABILITY OF BUREAU PROVISIONS.—Indian

tribes and tribal organizations to which grants are provided under this part, and tribally controlled schools for

which such grants are provided, shall not be subject to any

requirements, obligations, restrictions, or limitations imposed by the Bureau that would otherwise apply solely by

reason of the receipt of funds provided under any law referred to in clause (i), (ii), or (iii) of subparagraph (A).

‘‘(2) SCHOOLS CONSIDERED CONTRACT SCHOOLS.—Tribally

controlled schools for which grants are provided under this part

shall be treated as contract schools for the purposes of allocation of funds under sections 1126(e), 1127, and 1128 of the

Education Amendments of 1978.

‘‘(3) SCHOOLS CONSIDERED BUREAU SCHOOLS.—Tribally

controlled schools for which grants are provided under this

chapter shall be treated as Bureau schools for the purposes of

allocation of funds provided under—

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‘‘(A) title I of the Elementary and Secondary Education

Act of 1965;

‘‘(B) the Individuals with Disabilities Education Act;

and

‘‘(C) any other Federal education law, that are distributed through the Bureau.

‘‘(4) ACCOUNTS; USE OF CERTAIN FUNDS.—

‘‘(A) SEPARATE ACCOUNT.—

‘‘(i) IN GENERAL.—Notwithstanding section

5204(a)(2), with respect to funds from facilities improvement and repair, alteration and renovation

(major or minor), health and safety, or new construction accounts included in the grant provided under section 5204(a), the grant recipient shall maintain a separate account for such funds.

‘‘(ii) SUBMISSION OF ACCOUNTING.—At the end of

the period designated for the work covered by the funds

received, the grant recipient shall submit to the Secretary a separate accounting of the work done and the

funds expended.

‘‘(iii) USE OF FUNDS.—Funds received from those

accounts may only be used for the purpose for which

the funds were appropriated and for the work encompassed by the application or submission for which the

funds were received.

‘‘(iv) COMPLETION OF PROJECT.—Upon completion

of a project for which a separate account is established

under this paragraph, the portion of the grant related

to such project may be closed out upon agreement by

the grantee and the Secretary.

‘‘(B) REQUIREMENTS FOR PROJECTS.—

‘‘(i) REGULATORY REQUIREMENTS.—With respect to

a grant to a tribally controlled school under this part

for new construction or facilities improvements and repair in excess of $100,000, such grant shall be subject

to the Administrative and Audit Requirements and

Cost Principles for Assistance Programs contained in

part 12 of title 43, Code of Federal Regulations.

‘‘(ii) EXCEPTION.—Notwithstanding clause (i),

grants described in such clause shall not be subject to

section 12.61 of title 43, Code of Federal Regulations.

The Secretary and the grantee shall negotiate and determine a schedule of payments for the work to be performed.

‘‘(iii) APPLICATIONS.—In considering applications

for a grant described in clause (i), the Secretary shall

consider whether the Indian tribe or tribal organization involved would be deficient in ensuring that the

construction projects under the proposed grant conform

to applicable building standards and codes and Federal, tribal, or State health and safety standards as required under section 1124 of the Education Amendments of 1978 (25 U.S.C. 2005(a)) with respect to organizational and financial management capabilities.

655

‘‘(iv) DISPUTES.—Any disputes between the Secretary and any grantee concerning a grant described in

clause (i) shall be subject to the dispute provisions contained in section 5209(e).

‘‘(C) NEW CONSTRUCTION.—Notwithstanding subparagraph (A), a school receiving a grant under this part for facilities improvement and repair may use such grant funds

for new construction if the tribal governing body or tribal

organization that submits the application for the grant provides funding for the new construction equal to at least 25

percent of the total cost of such new construction. ‘‘(D) PERIOD.—In a case in which the appropriations

measure under which the funds described in subparagraph

(A) are made available or the application submitted for the

funds does not stipulate a period for the work covered by

the funds, the Secretary and the grant recipient shall consult and determine such a period prior to the transfer of the

funds. A period so determined may be extended upon mutual agreement of the Secretary and the grant recipient.

‘‘(5) ENFORCEMENT OF REQUEST TO INCLUDE FUNDS.— ‘‘(A) IN GENERAL.—If the Secretary fails to carry out a

request filed by an Indian tribe or tribal organization to include in such tribe or organization’s grant under this part

the funds described in subsection (a)(2) within 180 days

after the filing of the request, the Secretary shall— ‘‘(i) be deemed to have approved such request; and

‘‘(ii) immediately upon the expiration of such 180-

day period amend the grant accordingly.

‘‘(B) RIGHTS.—A tribe or organization described in subparagraph (A) may enforce its rights under subsection

(a)(2) and this paragraph, including rights relating to any

denial or failure to act on such tribe’s or organization’s request, pursuant to the dispute authority described in section 5209(e).

‘‘SEC. 5205. ELIGIBILITY FOR GRANTS.

‘‘(a) RULES.— ‘‘(1) IN GENERAL.—A tribally controlled school is eligible for

assistance under this part if the school— ‘‘(A) on April 28, 1988, was a contract school under

title XI of the Education Amendments of 1978 and the tribe

or tribal organization operating the school submits to the

Secretary a written notice of election to receive a grant

under this part;

‘‘(B) was a Bureau-operated school under title XI of the

Education Amendments of 1978 and has met the requirements of subsection (b);

‘‘(C) is a school for which the Bureau has not provided

funds, but which has met the requirements of subsection

(c); or

‘‘(D) is a school with respect to which an election has

been made under paragraph (2) and which has met the requirements of subsection (b).

‘‘(2) NEW SCHOOLS.—Any application which has been submitted under the Indian Self-Determination and Education Assistance Act by an Indian tribe for a school which is not in opVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00659 Fmt 6659 Sfmt 6603 E:\HR\OC\A334HR.274 pfrm07 PsN: A334HR
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eration on the date of enactment of the Native American Education Improvement Act of 2001 shall be reviewed under the

guidelines and regulations for applications submitted under the

Indian Self-Determination and Education Assistance Act that

were in effect at the time the application was submitted, unless

the Indian tribe or tribal organization elects to have the application reviewed under the provisions of subsection (b).

‘‘(b) ADDITIONAL REQUIREMENTS FOR BUREAU-FUNDED

SCHOOLS AND CERTAIN ELECTING SCHOOLS.— ‘‘(1) BUREAU-FUNDED SCHOOLS.—A school that was a Bureau-funded school under title XI of the Education Amendments

of 1978 on the date of enactment of the Native American Education Improvement Act of 2001 and any school with respect to

which an election is made under subsection (a)(2), meets the requirements of this subsection if— ‘‘(A) the Indian tribe or tribal organization that operates, or desires to operate, the school submits to the Secretary an application requesting that the Secretary— ‘‘(i) transfer operation of the school to the Indian

tribe or tribal organization, if the Indian tribe or tribal

organization is not already operating the school; and ‘‘(ii) make a determination as to whether the school

is eligible for assistance under this part; and

‘‘(B) the Secretary makes a determination that the

school is eligible for assistance under this part.

‘‘(2) CERTAIN ELECTING SCHOOLS.— ‘‘(A) IN GENERAL.—By not later than the date that is

120 days after the date on which an application is submitted to the Secretary under paragraph (1)(A), the Secretary shall determine— ‘‘(i) in the case of a school which is not being operated by the Indian tribe or tribal organization, whether

to transfer operation of the school to the Indian tribe

or tribal organization; and

‘‘(ii) whether the school is eligible for assistance

under this part.

‘‘(B) OTHER DETERMINATIONS.—In considering applications submitted under paragraph (1)(A), the Secretary— ‘‘(i) shall transfer operation of the school to the Indian tribe or tribal organization, if the tribe or tribal

organization is not already operating the school; and ‘‘(ii) shall determine that the school is eligible for

assistance under this part, unless the Secretary finds

by clear and convincing evidence that the services to be

provided by the Indian tribe or tribal organization will

be deleterious to the welfare of the Indians served by

the school.

‘‘(C) CONSIDERATIONS.—In considering applications

submitted under paragraph (1)(A), the Secretary shall consider whether the Indian tribe or tribal organization would

be deficient in operating the school with respect to—

‘‘(i) equipment;

‘‘(ii) bookkeeping and accounting procedures;

‘‘(iii) ability to adequately manage a school; or

‘‘(iv) adequately trained personnel.

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‘‘(c) ADDITIONAL REQUIREMENTS FOR A SCHOOL WHICH IS NOT

A BUREAU-FUNDED SCHOOL.— ‘‘(1) IN GENERAL.—A school which is not a Bureau-funded

school under title XI of the Education Amendments of 1978

meets the requirements of this subsection if— ‘‘(A) the Indian tribe or tribal organization that operates, or desires to operate, the school submits to the Secretary an application requesting a determination by the

Secretary as to whether the school is eligible for assistance

under this part; and ‘‘(B) the Secretary makes a determination that a school

is eligible for assistance under this part.

‘‘(2) DEADLINE FOR DETERMINATION BY SECRETARY.— ‘‘(A) IN GENERAL.—By not later than the date that is

180 days after the date on which an application is submitted to the Secretary under paragraph (1)(A), the Secretary shall determine whether the school is eligible for assistance under this part. ‘‘(B) CONSIDERATIONS.—In making the determination

under subparagraph (A), the Secretary shall give equal consideration to each of the following factors: ‘‘(i) With respect to the applicant’s proposal— ‘‘(I) the adequacy of facilities or the potential

to obtain or provide adequate facilities; ‘‘(II) geographic and demographic factors in

the affected areas; ‘‘(III) adequacy of the applicant’s program

plans; ‘‘(IV) geographic proximity of comparable public education; and ‘‘(V) the needs as expressed by all affected parties, including but not limited to students, families, tribal governments at both the central and

local levels, and school organizations.

‘‘(ii) With respect to all education services already

available—

‘‘(I) geographic and demographic factors in the

affected areas;

‘‘(II) adequacy and comparability of programs

already available;

‘‘(III) consistency of available programs with

tribal education codes or tribal legislation on education; and

‘‘(IV) the history and success of these services

for the proposed population to be served, as determined from all factors including, if relevant,

standardized examination performance.

‘‘(C) GEOGRAPHIC PROXIMITY.—The Secretary may not

make a determination under this paragraph that is primarily based upon the geographic proximity of comparable

public education.

‘‘(D) OTHER INFORMATION.—Applications submitted

under paragraph (1)(A) shall include information on the

factors described in subparagraph (B)(i), but the applicant

may also provide the Secretary such information relative to

658

the factors described in subparagraph (B)(ii) as the applicant considers appropriate. ‘‘(E) DEADLINE.—If the Secretary fails to make a determination under subparagraph (A) with respect to an application within 180 days after the date on which the Secretary received the application, the Secretary shall be treated as having made a determination that the tribally controlled school is eligible for assistance under the title and

the grant shall become effective 18 months after the date on

which the Secretary received the application, or on an earlier date, at the Secretary’s discretion. ‘‘(d) FILING OF APPLICATIONS AND REPORTS.— ‘‘(1) IN GENERAL.—All applications and reports submitted

to the Secretary under this part, and any amendments to such

applications or reports, shall be filed with the education line officer designated by the Director of the Office of Indian Education Programs of the Bureau of Indian Affairs. The date on

which such filing occurs shall, for purposes of this part, be

treated as the date on which the application or amendment was

submitted to the Secretary. ‘‘(2) SUPPORTING DOCUMENTATION.—Any application that is

submitted under this chapter shall be accompanied by a document indicating the action taken by the tribal governing body

in authorizing such application.

‘‘(e) EFFECTIVE DATE FOR APPROVED APPLICATIONS.—Except as

provided by subsection (c)(2)(E), a grant provided under this part,

and any transfer of the operation of a Bureau school made under

subsection (b), shall become effective beginning the academic year

succeeding the fiscal year in which the application for the grant or

transfer is made, or at an earlier date determined by the Secretary. ‘‘(f) DENIAL OF APPLICATIONS.— ‘‘(1) IN GENERAL.—Whenever the Secretary refuses to approve a grant under this chapter, to transfer operation of a Bureau school under subsection (b), or determines that a school is

not eligible for assistance under this part, the Secretary shall— ‘‘(A) state the objections in writing to the tribe or tribal

organization within the allotted time; ‘‘(B) provide assistance to the tribe or tribal organization to overcome all stated objections; ‘‘(C) at the request of the tribe or tribal organization,

provide the tribe or tribal organization a hearing on the

record under the same rules and regulations that apply

under the Indian Self-Determination and Education Assistance Act; and ‘‘(D) provide an opportunity to appeal the objection

raised.

‘‘(2) TIMELINE FOR RECONSIDERATION OF AMENDED APPLICA- TIONS.—The Secretary shall reconsider any amended application submitted under this part within 60 days after the amended application is submitted to the Secretary.

‘‘(g) REPORT.—The Bureau shall submit an annual report to the

Congress on all applications received, and actions taken (including

the costs associated with such actions), under this section at the

same time that the President is required to submit to Congress the

budget under section 1105 of title 31, United States Code.

659

‘‘SEC. 5206. DURATION OF ELIGIBILITY DETERMINATION.

‘‘(a) IN GENERAL.—If the Secretary determines that a tribally

controlled school is eligible for assistance under this part, the eligibility determination shall remain in effect until the determination

is revoked by the Secretary, and the requirements of subsection (b)

or (c) of section 5205, if applicable, shall be considered to have been

met with respect to such school until the eligibility determination is

revoked by the Secretary.

‘‘(b) ANNUAL REPORTS.—

‘‘(1) IN GENERAL.—Each recipient of a grant provided under

this part shall complete an annual report which shall be limited to—

‘‘(A) an annual financial statement reporting revenue

and expenditures as defined by the cost accounting established by the grantee;

‘‘(B) an annual financial audit conducted pursuant to

the standards of the Single Audit Act of 1984;

‘‘(C) a biennial compliance audit of the procurement of

personal property during the period for which the report is

being prepared that shall be in compliance with written

procurement standards that are developed by the local

school board;

‘‘(D) an annual submission to the Secretary of the number of students served and a brief description of programs

offered under the grant; and

‘‘(E) a program evaluation conducted by an impartial

evaluation review team, to be based on the standards established for purposes of subsection (c)(1)(A)(ii).

‘‘(2) EVALUATION REVIEW TEAMS.—Where appropriate, other

tribally controlled schools and representatives of tribally controlled community colleges shall make up members of the evaluation review teams.

‘‘(3) EVALUATIONS.—In the case of a school which is accredited, evaluations will be conducted at intervals under the terms

of accreditation.

‘‘(4) SUBMISSION OF REPORT.—

‘‘(A) TO TRIBAL GOVERNING BODY.—Upon completion of

the report required under paragraph (1), the recipient of the

grant shall send (via first class mail, return receipt requested) a copy of such annual report to the tribal governing body (as defined in section 1132(f) of the Education

Amendments of 1978) of the tribally controlled school.

‘‘(B) TO SECRETARY.—Not later than 30 days after receiving written confirmation that the tribal governing body

has received the report sent pursuant to subparagraph (A),

the recipient of the grant shall send a copy of the report to

the Secretary.

‘‘(c) REVOCATION OF ELIGIBILITY.—

‘‘(1) DETERMINATION OF ELIGIBILITY FOR ASSISTANCE.—The

Secretary shall not revoke a determination that a school is eligible for assistance under this part if—

‘‘(A) the Indian tribe or tribal organization submits the

reports required under subsection (b) with respect to the

school; and

660

‘‘(B) at least 1 of the following clauses applies with respect to the school:

‘‘(i) The school is certified or accredited by a State

or regional accrediting association or is a candidate in

good standing for such accreditation under the rules of

the State or regional accrediting association, showing

that credits achieved by the students within the education programs are, or will be, accepted at grade level

by a State certified or regionally accredited institution.

‘‘(ii) The Secretary determines that there is a reasonable expectation that the certification or accreditation described in clause (i), or candidacy in good

standing for such certification or accreditation, will be

achieved by the school within 3 years. The school seeking accreditation shall remain under the standards of

the Bureau in effect on the date of enactment of the Native American Education Improvement Act of 2001

until such time as the school is accredited, except that

if the Bureau standards are in conflict with the standards of the accrediting agency, the standards of such

agency shall apply in such case.

‘‘(iii) The school is accredited by a tribal department of education if such accreditation is accepted by

a generally recognized regional or State accreditation

agency.

‘‘(iv)(I) With respect to a school that lacks accreditation, or that is not a candidate for accreditation,

based on circumstances that are not beyond the control

of the school board, every 3 years an impartial evaluator agreed upon by the Secretary and the grant recipient conducts evaluations of the school, and the

school receives a positive assessment under such evaluations. The evaluations are conducted under standards adopted by a contractor under a contract for the

school entered into under the Indian Self-Determination and Education Assistance Act (or revisions of such

standards agreed to by the Secretary and the grant recipient) prior to the date of enactment of the Native

American Education Improvement Act of 2001.

‘‘(II) If the Secretary and a grant recipient other

than a tribal governing body fail to agree on such an

evaluator, the tribal governing body shall choose the

evaluator or perform the evaluation. If the Secretary

and a grant recipient that is a tribal governing body

fail to agree on such an evaluator, subclause (I) shall

not apply.

‘‘(III) A positive assessment by an impartial evaluator under this clause shall not affect the revocation

of a determination of eligibility by the Secretary where

such revocation is based on circumstances that were

within the control of the school board.

‘‘(2) NOTICE REQUIREMENTS FOR REVOCATION.—The Secretary shall not revoke a determination that a school is eligible

for assistance under this part, or reassume control of a school

661

that was a Bureau school prior to approval of an application

submitted under section 5206(b)(1)(A) until the Secretary— ‘‘(A) provides notice to the tribally controlled school

and the tribal governing body (within the meaning of section 1141 of the Education Amendments of 1978) of the

tribally controlled school which states— ‘‘(i) the specific deficiencies that led to the revocation or resumption determination; and ‘‘(ii) the actions that are needed to remedy such deficiencies; and

‘‘(B) affords such authority an opportunity to effect the

remedial actions.

‘‘(3) TECHNICAL ASSISTANCE.—The Secretary shall provide

such technical assistance to enable the school and governing

body to carry out such remedial actions. ‘‘(4) HEARING AND APPEAL.—In addition to notice and technical assistance under this subsection, the Secretary shall provide to the school and governing body— ‘‘(A) at the request of the school or governing body, a

hearing on the record regarding the revocation or reassumption determination, to be conducted under the rules

and regulations described in section 5206(f)(1)(C); and ‘‘(B) an opportunity to appeal the decision resulting

from the hearing. ‘‘(d) APPLICABILITY OF SECTION PURSUANT TO ELECTION UNDER

SECTION 5208(b).—With respect to a tribally controlled school that

receives assistance under this part pursuant to an election made

under section 5208(b)— ‘‘(1) subsection (b) of this section shall apply; and

‘‘(2) the Secretary may not revoke eligibility for assistance

under this part except in conformance with subsection (c) of this

section.

‘‘SEC. 5207. PAYMENT OF GRANTS; INVESTMENT OF FUNDS.

‘‘(a) PAYMENTS.— ‘‘(1) IN GENERAL.—Except as otherwise provided in this subsection, the Secretary shall make payments to grantees under

this part in 2 payments, of which— ‘‘(A) the first payment shall be made not later than

July 1 of each year in an amount equal to 80 percent of the

amount which the grantee was entitled to receive during

the preceding academic year; and

‘‘(B) the second payment, consisting of the remainder to

which the grantee is entitled for the academic year, shall

be made not later than December 1 of each year.

‘‘(2) EXCESS FUNDING.—In a case in which the amount provided to a grant recipient under paragraph (1)(A) is in excess

of the amount that the recipient is entitled to receive for the academic year involved, the recipient shall return to the Secretary

such excess amount not later than 30 days after the final determination that the school was overpaid pursuant to this section.

The amount returned to the Secretary under this paragraph

shall be distributed equally to all schools in the system.

‘‘(3) NEWLY FUNDED SCHOOLS.—For any school for which

no payment under this part was made from Bureau funds in

the preceding academic year, full payment of the amount comVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00665 Fmt 6659 Sfmt 6603 E:\HR\OC\A334HR.277 pfrm07 PsN: A334HR
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puted for the first academic year of eligibility under this part

shall be made not later than December 1 of the academic year. ‘‘(4) LATE FUNDING.—With regard to funds for grantees that

become available for obligation on October 1 of the fiscal year

for which such funds are appropriated, the Secretary shall

make payments to grantees not later than December 1 of the fiscal year. ‘‘(5) APPLICABILITY OF CERTAIN TITLE 31 PROVISIONS.—The

provisions of chapter 39 of title 31, United States Code, shall

apply to the payments required to be made by paragraphs (1),

(3), and (4). ‘‘(6) RESTRICTIONS.—Paragraphs (1), (3), and (4) shall be

subject to any restriction on amounts of payments under this

part that are imposed by a continuing resolution or other Act

appropriating the funds involved.

‘‘(b) INVESTMENT OF FUNDS.— ‘‘(1) TREATMENT OF INTEREST AND INVESTMENT INCOME.— Notwithstanding any other provision of law, any interest or investment income that accrues to any funds provided under this

part after such funds are paid to the Indian tribe or tribal organization and before such funds are expended for the purpose for

which such funds were provided under this part shall be the

property of the Indian tribe or tribal organization and shall not

be taken into account by any officer or employee of the Federal

Government in determining whether to provide assistance, or

the amount of assistance, under any provision of Federal law.

Such interest income shall be spent on behalf of the school.

‘‘(2) PERMISSIBLE INVESTMENTS.—Funds provided under

this part may be invested by the Indian tribe or tribal organization before such funds are expended for the purposes of this part

so long as such funds are—

‘‘(A) invested by the Indian tribe or tribal organization

only in obligations of the United States, or in obligations

or securities that are guaranteed or insured by the United

States, or mutual (or other) funds registered with the Securities and Exchange Commission and which only invest in

obligations of the United States, or securities that are guaranteed or insured by the United States; or ‘‘(B) deposited only into accounts that are insure by

and agency or instrumentality of the United States, or are

fully collateralized to ensure protection of the funds, even in

the event of a bank failure. ‘‘(c) RECOVERIES.—For the purposes of underrecovery and overrecovery determinations by any Federal agency for any other funds,

from whatever source derived, funds received under this part shall

not be taken into consideration.

‘‘SEC. 5208. APPLICATION WITH RESPECT TO INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT.

‘‘(a) CERTAIN PROVISIONS TO APPLY TO GRANTS.—The following

provisions of the Indian Self-Determination and Education Assistance Act (and any subsequent revisions thereto or renumbering

thereof), shall apply to grants provided under this part:

‘‘(1) Section 5(f) (relating to single agency audit).

‘‘(2) Section 6 (relating to criminal activities; penalties).

‘‘(3) Section 7 (relating to wage and labor standards).

663

‘‘(4) Section 104 (relating to retention of Federal employee

coverage).

‘‘(5) Section 105(f) (relating to Federal property).

‘‘(6) Section 105(k) (relating to access to Federal sources of

supply).

‘‘(7) Section 105(l) (relating to lease of facility used for administration and delivery of services).

‘‘(8) Section 106(f) (relating to limitation on remedies relating to cost allowances).

‘‘(9) Section 106(j) (relating to use of funds for matching or

cost participation requirements).

‘‘(10) Section 106(k) (relating to allowable uses of funds).

‘‘(11) Section 108(c) (Model Agreements provisions (1)(a)(5)

(relating to limitations of costs), (1)(a)(7) (relating to records

and monitoring), (1)(a)(8) (relating to property), and (a)(1)(9)

(relating to availability of funds).

‘‘(12) Section 109 (relating to reassumption).

‘‘(13) Section 111 (relating to sovereign immunity and trusteeship rights unaffected).

‘‘(b) ELECTION FOR GRANT IN LIEU OF CONTRACT.—

‘‘(1) IN GENERAL.—Contractors for activities to which this

part applies who have entered into a contract under the Indian

Self-Determination and Education Assistance Act that is in effect on the date of enactment of the Native American Education

Improvement Act of 2001 may, by giving notice to the Secretary,

elect to have the provisions of this part apply to such activity

in lieu of such contract.

‘‘(2) EFFECTIVE DATE OF ELECTION.—Any election made

under paragraph (1) shall take effect on the first day of July

immediately following the date of such election.

‘‘(3) EXCEPTION.—In any case in which the first day of July

immediately following the date of an election under paragraph

(1) is less than 60 days after such election, such election shall

not take effect until the first day of July of year following the

year in which the election is made.

‘‘(c) NO DUPLICATION.—No funds may be provided under any

contract entered into under the Indian Self-Determination and Education Assistance Act to pay any expenses incurred in providing any

program or services if a grant has been made under this part to pay

such expenses.

‘‘(d) TRANSFERS AND CARRYOVERS.—

‘‘(1) BUILDINGS, EQUIPMENT, SUPPLIES, MATERIALS.—A tribe

or tribal organization assuming the operation of—

‘‘(A) a Bureau school with assistance under this part

shall be entitled to the transfer or use of buildings, equipment, supplies, and materials to the same extent as if it

were contracting under the Indian Self-Determination and

Education Assistance Act; or

‘‘(B) a contract school with assistance under this part

shall be entitled to the transfer or use of buildings, equipment, supplies and materials that were used in the operation of the contract school to the same extent as if it were

contracting under the Indian Self-Determination and Education Assistance Act.

664

‘‘(2) FUNDS.—Any tribe or tribal organization which assumes operation of a Bureau school with assistance under this

part and any tribe or tribal organization which elects to operate

a school with assistance under this part rather that to continue

as a contract school shall be entitled to any funds which would

carryover from the previous fiscal year as if such school were

operated as a contract school. ‘‘(3) FUNDING FOR SCHOOL IMPROVEMENT.—Any tribe or

tribal organization that assumes operation of a Bureau school

or a contract school with assistance under this part shall be eligible for funding for the improvement, alteration, replacement,

and repair of facilities to the same extent as a Bureau school.

‘‘(e) EXCEPTIONS, PROBLEMS, AND DISPUTES.—Any exception or

problem cited in an audit conducted pursuant to section 5206(b)(1),

any dispute regarding a grant authorized to be made pursuant to

this part or any amendment to such grant, and any dispute involving an administrative cost grant under section 1128 of the Education Amendments of 1978 shall be administered under the provisions governing such exceptions, problems, or disputes in the case

of contracts under the Indian Self-Determination and Education Assistance Act. The Equal Access to Justice Act shall apply to administrative appeals filed after September 8, 1988, by grantees regarding a grant under this part, including an administrative cost grant.

‘‘SEC. 5209. ROLE OF THE DIRECTOR.

‘‘Applications for grants under this part, and all application

modifications, shall be reviewed and approved by personnel under

the direction and control of the Director of the Office of Indian Education Programs. Required reports shall be submitted to education

personnel under the direction and control of the Director of such Office.

‘‘SEC. 5210. REGULATIONS.

‘‘The Secretary is authorized to issue regulations relating to the

discharge of duties specifically assigned to the Secretary in this

part. For all other matters relating to the details of planning, developing, implementing, and evaluating grants under this part, the

Secretary shall not issue regulations.

‘‘SEC. 5211. THE TRIBALLY CONTROLLED GRANT SCHOOL ENDOWMENT

PROGRAM.

‘‘(a) IN GENERAL.—

‘‘(1) ESTABLISHMENT.—Each school receiving a grant under

this part may establish, at a federally insured financial institution, a trust fund for the purposes of this section.

‘‘(2) DEPOSITS AND USE.—The school may provide—

‘‘(A) for deposit into the trust fund, only funds from

non-Federal sources, except that the interest on funds received from grants provided under this part may be used

for that purpose;

‘‘(B) for deposit into the trust fund, any earnings on

funds deposited in the fund; and ‘‘(C) for the sole use of the school any noncash, in-kind

contributions of real or personal property, which may at

any time be used, sold, or otherwise disposed of. ‘‘(b) INTEREST.—Interest from the fund established under subsection (a) may periodically be withdrawn and used, at the discreVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00668 Fmt 6659 Sfmt 6603 E:\HR\OC\A334HR.278 pfrm07 PsN: A334HR
665

tion of the school, to defray any expenses associated with the operation of the school consistent with the purposes of this Act.

‘‘SEC. 5212. DEFINITIONS.

‘‘In this part: ‘‘(1) BUREAU.—The term ‘Bureau’ means the Bureau of Indian Affairs of the Department of the Interior. ‘‘(2) ELIGIBLE INDIAN STUDENT.—The term ‘eligible Indian

student’ has the meaning given such term in section 1127(f) of

the Education Amendments of 1978. ‘‘(3) INDIAN.—The term ‘Indian’ means a member of an Indian tribe, and includes individuals who are eligible for membership in a tribe, and the child or grandchild of such an individual. ‘‘(4) INDIAN TRIBE.—The term ‘Indian tribe’ means any Indian tribe, band, nation, or other organized group or community, including an Alaska Native Village Corporation or Regional Corporation (as defined in or established pursuant to the

Alaska Native Claims Settlement Act), which is recognized as

eligible for the special programs and services provided by the

United States to Indians because of their status as Indians. ‘‘(5) LOCAL EDUCATIONAL AGENCY.—The term ‘local educational agency’ means a public board of education or other

public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary schools or secondary schools in a

city, county, township, school district, or other political subdivision of a State or such combination of school districts or counties as are recognized in a State as an administrative agency

for the State’s public elementary schools or secondary schools.

Such term includes any other public institution or agency having administrative control and direction of a public elementary

school or secondary school. ‘‘(6) SECRETARY.—The term ‘Secretary’ means the Secretary

of the Interior. ‘‘(7) TRIBAL GOVERNING BODY.—The term ‘tribal governing

body’ means, with respect to any school that receives assistance

under this Act, the recognized governing body of the Indian

tribe involved. ‘‘(8) TRIBAL ORGANIZATION.— ‘‘(A) IN GENERAL.—The term ‘tribal organization’ means—

‘‘(i) the recognized governing body of any Indian

tribe; or

‘‘(ii) any legally established organization of Indians that—

‘‘(I) is controlled, sanctioned, or chartered by

such governing body or is democratically elected by

the adult members of the Indian community to be

served by such organization; and

‘‘(II) includes the maximum participation of

Indians in all phases of the organization’s activities.

‘‘(B) AUTHORIZATION.—In any case in which a grant is

provided under this part to an organization to provide services through a tribally controlled school benefiting more

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than 1 Indian tribe, the approval of the governing bodies

of Indian tribes representing 80 percent of the students attending the tribally controlled school shall be considered a

sufficient tribal authorization for such grant.

‘‘(9) TRIBALLY CONTROLLED SCHOOL.—The term ‘tribally

controlled school’ means a school that—

‘‘(A) is operated by an Indian tribe or a tribal organization, enrolling students in kindergarten through grade 12,

including a preschool;

‘‘(B) is not a local educational agency; and

‘‘(C) is not directly administered by the Bureau of Indian Affairs.’’.

SEC. 1044. LEASE PAYMENTS BY THE OJIBWA INDIAN SCHOOL.

(a) IN GENERAL.—Notwithstanding the Tribally Controlled

Schools Act of 1988 (25 U.S.C. 2501 et seq.), or the regulations promulgated under such Act, the Ojibwa Indian School located in

Belcourt, North Dakota, may use amounts received under such Act

to enter into, and make payments under, a lease described in subsection (b).

(b) LEASE.—A lease described in this subsection is a lease

that—

(1) is entered into by the Ojibwa Indian School for the use

of facilities owned by St. Ann’s Catholic Church located in

Belcourt, North Dakota;

(2) is entered into in the 2001–2002 school year, or any

other school year in which the Ojibwa Indian School will use

such facilities for school purposes;

(3) requires lease payments in an amount determined appropriate by an independent lease appraiser that is selected by

the parties to the lease, except that such amount may not exceed

the maximum amount per square foot that is being paid by the

Bureau of Indian Affairs for other similarly situated Indian

schools under the Indian Self-Determination and Education Assistance Act (Public Law 93–638); and

(4) contains a waiver of the right of St. Ann’s Catholic

Church to bring an action against the Ojibwa Indian School,

the Turtle Mountain Band of Chippewa, or the Federal Government for the recovery of any amounts remaining unpaid under

leases entered into prior to the date of enactment of this Act.

(c) METHOD OF FUNDING.—Amounts shall be made available by

the Bureau of Indian Affairs to make lease payments under this section in the same manner as amounts are made available to make

payments under leases entered into by Indian schools under the Indian Self-Determination and Education Assistance Act (Public Law

93–638).

(d) OPERATION AND MAINTENANCE FUNDING.—The Bureau of

Indian Affairs shall provide funding for the operation and maintenance of the facilities and property used by the Ojibwa Indian

School under the lease entered into under subsection (a) so long as

such facilities and property are being used by the School for educational purposes.

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SEC. 1045. ENROLLMENT AND GENERAL ASSISTANCE PAYMENTS.

Section 5404(a) of the Augustus F. Hawkins-Robert T. Stafford

Elementary and Secondary School Improvement Amendments of

1988 (25 U.S.C. 13d–2(a)) is amended— (1) by striking the matter preceding paragraph (1) and inserting the following:

‘‘(a) IN GENERAL.—The Secretary of the Interior shall not disqualify from continued receipt of general assistance payments from

the Bureau of Indian Affairs an otherwise eligible Indian for whom

the Bureau is making or may make general assistance payments (or

exclude such an individual from continued consideration in determining the amount of general assistance payments for a household)

because the individual is enrolled (and is making satisfactory

progress toward completion of a program or training that can reasonably be expected to lead to gainful employment) for at least halftime study or training in—’’; and

(2) by striking paragraph (4), and inserting the following:

‘‘(4) other programs or training approved by the Secretary

or by tribal education, employment or training programs.’’.

PART E—HIGHER EDUCATION ACT OF 1965

SEC. 1051. PREPARING TOMORROW’S TEACHERS TO USE TECHNOLOGY.

Title II of the Higher Education Act of 1965 (20 U.S.C. 1021

et seq.) is amended—

(1) by striking the title heading and inserting the following:

‘‘TITLE II—TEACHER QUALITY

ENHANCEMENT

‘‘PART A—TEACHER QUALITY ENHANCEMENT

GRANTS FOR STATES AND PARTNERSHIPS’’;

(2) by striking ‘‘this title’’ each place it appears and inserting ‘‘this part’’; and

(3) by adding at the end the following:

‘‘PART B—PREPARING TOMORROW’S

TEACHERS TO USE TECHNOLOGY

‘‘SEC. 221. PURPOSE AND PROGRAM AUTHORITY.

‘‘(a) PURPOSE.—It is the purpose of this part to assist consortia

of public and private entities—

‘‘(1) to carry out programs that prepare prospective teachers

to use advanced technology to prepare all students to meet challenging State and local academic content and student academic

achievement standards; and

‘‘(2) to improve the ability of institutions of higher education to carry out such programs.

‘‘(b) PROGRAM AUTHORITY.—

‘‘(1) IN GENERAL.—The Secretary is authorized to award

grants to eligible applicants, or enter into contracts or cooperative agreements with eligible applicants, on a competitive basis

in order to pay for the Federal share of the cost of projects to

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develop or redesign teacher preparation programs to enable prospective teachers to use advanced technology effectively in their

classrooms.

‘‘(2) PERIOD OF AWARDS.—The Secretary may award grants,

or enter into contracts or cooperative agreements, under this

part for periods that are not more than 5 years in duration.

‘‘SEC. 222. ELIGIBILITY.

‘‘(a) ELIGIBLE APPLICANTS.—In order to receive a grant or enter

into a contract or cooperative agreement under this part, an applicant shall be a consortium that includes the following:

‘‘(1) At least one institution of higher education that awards

baccalaureate degrees and prepares teachers for their initial

entry into teaching.

‘‘(2) At least one State educational agency or local educational agency.

‘‘(3) One or more of the following entities:

‘‘(A) An institution of higher education (other than the

institution described in paragraph (1)).

‘‘(B) A school or department of education at an institution of higher education.

‘‘(C) A school or college of arts and sciences (as defined

in section 201(b)) at an institution of higher education.

‘‘(D) A professional association, foundation, museum,

library, for-profit business, public or private nonprofit organization, community-based organization, or other entity,

with the capacity to contribute to the technology-related reform of teacher preparation programs.

‘‘(b) APPLICATION REQUIREMENTS.—In order to receive a grant

or enter into a contract or cooperative agreement under this part, an

eligible applicant shall submit an application to the Secretary at

such time, in such manner, and containing such information as the

Secretary may require. Such application shall include the following:

‘‘(1) A description of the proposed project, including how the

project would—

‘‘(A) ensure that individuals participating in the project

would be prepared to use advanced technology to prepare

all students, including groups of students who are underrepresented in technology-related fields and groups of students who are economically disadvantaged, to meet challenging State and local academic content and student academic achievement standards; and

‘‘(B) improve the ability of at least one participating institution of higher education described in section 222(a)(1)

to ensure such preparation.

‘‘(2) A demonstration of—

‘‘(A) the commitment, including the financial commitment, of each of the members of the consortium for the proposed project; and

‘‘(B) the active support of the leadership of each organization that is a member of the consortium for the proposed

project;

‘‘(3) A description of how each member of the consortium

will participate in project activities.

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‘‘(4) A description of how the proposed project will be continued after Federal funds are no longer awarded under this

part for the project.

‘‘(5) A plan for the evaluation of the project, which shall include benchmarks to monitor progress toward specific project

objectives.

‘‘(c) MATCHING REQUIREMENTS.—

‘‘(1) IN GENERAL.—The Federal share of the cost of any

project funded under this part shall not exceed 50 percent. Except as provided in paragraph (2), the non-Federal share of the

cost of such project may be provided in cash or in kind, fairly

evaluated, including services.

‘‘(2) ACQUISITION OF EQUIPMENT.—Not more than 10 percent of the funds awarded for a project under this part may be

used to acquire equipment, networking capabilities, or infrastructure, and the non-Federal share of the cost of any such acquisition shall be provided in cash.

‘‘SEC. 223. USE OF FUNDS.

‘‘(a) REQUIRED USES.—A consortium that receives a grant or enters into a contract or cooperative agreement under this part shall

use funds made available under this part for—

‘‘(1) a project creating one or more programs that prepare

prospective teachers to use advanced technology to prepare all

students, including groups of students who are underrepresented in technology-related fields and groups of students who

are economically disadvantaged, to meet challenging State and

local academic content and student academic achievement

standards; and

‘‘(2) evaluating the effectiveness of the project.

‘‘(b) PERMISSIBLE USES.—The consortium may use funds made

available under this part for a project, described in the application

submitted by the consortium under this part, that carries out the

purpose of this part, such as the following:

‘‘(1) Developing and implementing high-quality teacher

preparation programs that enable educators—

‘‘(A) to learn the full range of resources that can be

accessed through the use of technology;

‘‘(B) to integrate a variety of technologies into curricula

and instruction in order to expand students’ knowledge;

‘‘(C) to evaluate educational technologies and their potential for use in instruction;

‘‘(D) to help students develop their technical skills; and

‘‘(E) to use technology to collect, manage, and analyze

data to improve teaching and decisionmaking.

‘‘(2) Developing alternative teacher development paths that

provide elementary schools and secondary schools with well-prepared, technology-proficient educators.

‘‘(3) Developing achievement-based standards and assessments aligned with the standards to measure the capacity of

prospective teachers to use technology effectively in their classrooms.

‘‘(4) Providing technical assistance to entities carrying out

other teacher preparation programs.

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‘‘(5) Developing and disseminating resources and information in order to assist institutions of higher education to prepare teachers to use technology effectively in their classrooms.

‘‘(6) Subject to section 222(c)(2), acquiring technology equipment, networking capabilities, infrastructure, software, and digital curricula to carry out the project.

‘‘SEC. 224. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated to carry out this part

such sums as may be necessary for each of fiscal years 2002 and

2003.’’.

SEC. 1052. CONTINUATION OF AWARDS.

Notwithstanding any other provision of this Act or the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.),

in the case of a person or entity that was awarded a grant, relating

to preparing tomorrow’s teachers to use technology, that was made

pursuant to section 3122 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6832) prior to the date of enactment

of this Act, the Secretary of Education shall continue to provide

funds in accordance with the terms of such award until the date on

which the award period terminates.

PART F—GENERAL EDUCATION PROVISIONS ACT

SEC. 1061. STUDENT PRIVACY, PARENTAL ACCESS TO INFORMATION,

AND ADMINISTRATION OF CERTAIN PHYSICAL EXAMINATIONS TO MINORS.

Section 445(b) of the General Education Provisions Act (20

U.S.C. 1232h(b)) is amended—

(1) by striking paragraphs (1) through (7) and inserting the

following new paragraphs:

‘‘(1) political affiliations or beliefs of the student or the student’s parent;

‘‘(2) mental or psychological problems of the student or the

student’s family;

‘‘(3) sex behavior or attitudes;

‘‘(4) illegal, anti-social, self-incriminating, or demeaning behavior;

‘‘(5) critical appraisals of other individuals with whom respondents have close family relationships;

‘‘(6) legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers;

‘‘(7) religious practices, affiliations, or beliefs of the student

or student’s parent; or

‘‘(8) income (other than that required by law to determine

eligibility for participation in a program or for receiving financial assistance under such program),’’;

(2) by redesignating subsections (c) through (e) as subsections (d) through (f), respectively; and

(3) by inserting after subsection (b) the following new subsection:

‘‘(c) DEVELOPMENT OF LOCAL POLICIES CONCERNING STUDENT

PRIVACY, PARENTAL ACCESS TO INFORMATION, AND ADMINISTRATION

OF CERTAIN PHYSICAL EXAMINATIONS TO MINORS.—

‘‘(1) DEVELOPMENT AND ADOPTION OF LOCAL POLICIES.—Except as provided in subsections (a) and (b), a local educational

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agency that receives funds under any applicable program shall

develop and adopt policies, in consultation with parents, regarding the following: ‘‘(A)(i) The right of a parent of a student to inspect,

upon the request of the parent, a survey created by a third

party before the survey is administered or distributed by a

school to a student; and ‘‘(ii) any applicable procedures for granting a request

by a parent for reasonable access to such survey within a

reasonable period of time after the request is received. ‘‘(B) Arrangements to protect student privacy that are

provided by the agency in the event of the administration

or distribution of a survey to a student containing one or

more of the following items (including the right of a parent

of a student to inspect, upon the request of the parent, any

survey containing one or more of such items): ‘‘(i) Political affiliations or beliefs of the student or

the student’s parent. ‘‘(ii) Mental or psychological problems of the student or the student’s family. ‘‘(iii) Sex behavior or attitudes.

‘‘(iv) Illegal, anti-social, self-incriminating, or demeaning behavior. ‘‘(v) Critical appraisals of other individuals with

whom respondents have close family relationships. ‘‘(vi) Legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and

ministers. ‘‘(vii) Religious practices, affiliations, or beliefs of

the student or the student’s parent. ‘‘(viii) Income (other than that required by law to

determine eligibility for participation in a program or

for receiving financial assistance under such program).

‘‘(C)(i) The right of a parent of a student to inspect,

upon the request of the parent, any instructional material

used as part of the educational curriculum for the student;

and

‘‘(ii) any applicable procedures for granting a request

by a parent for reasonable access to instructional material

within a reasonable period of time after the request is received.

‘‘(D) The administration of physical examinations or

screenings that the school or agency may administer to a

student.

‘‘(E) The collection, disclosure, or use of personal information collected from students for the purpose of marketing

or for selling that information (or otherwise providing that

information to others for that purpose), including arrangements to protect student privacy that are provided by the

agency in the event of such collection, disclosure, or use.

‘‘(F)(i) The right of a parent of a student to inspect,

upon the request of the parent, any instrument used in the

collection of personal information under subparagraph (E)

before the instrument is administered or distributed to a

student; and

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‘‘(ii) any applicable procedures for granting a request

by a parent for reasonable access to such instrument within

a reasonable period of time after the request is received.

‘‘(2) PARENTAL NOTIFICATION.— ‘‘(A) NOTIFICATION OF POLICIES.—The policies developed by a local educational agency under paragraph (1)

shall provide for reasonable notice of the adoption or continued use of such policies directly to the parents of students enrolled in schools served by that agency. At a minimum, the agency shall— ‘‘(i) provide such notice at least annually, at the beginning of the school year, and within a reasonable period of time after any substantive change in such policies; and ‘‘(ii) offer an opportunity for the parent (and for

purposes of an activity described in subparagraph

(C)(i), in the case of a student of an appropriate age,

the student) to opt the student out of participation in

an activity described in subparagraph (C).

‘‘(B) NOTIFICATION OF SPECIFIC EVENTS.—The local

educational agency shall directly notify the parent of a student, at least annually at the beginning of the school year,

of the specific or approximate dates during the school year

when activities described in subparagraph (C) are scheduled, or expected to be scheduled. ‘‘(C) ACTIVITIES REQUIRING NOTIFICATION.—The following activities require notification under this paragraph: ‘‘(i) Activities involving the collection, disclosure, or

use of personal information collected from students for

the purpose of marketing or for selling that information (or otherwise providing that information to others

for that purpose). ‘‘(ii) The administration of any survey containing

one or more items described in clauses (i) through (viii)

of paragraph (1)(B).

‘‘(iii) Any nonemergency, invasive physical examination or screening that is—

‘‘(I) required as a condition of attendance;

‘‘(II) administered by the school and scheduled

by the school in advance; and

‘‘(III) not necessary to protect the immediate

health and safety of the student, or of other students.

‘‘(3) EXISTING POLICIES.—A local educational agency need

not develop and adopt new policies if the State educational

agency or local educational agency has in place, on the date of

enactment of the No Child Left Behind Act of 2001, policies covering the requirements of paragraph (1). The agency shall provide reasonable notice of such existing policies to parents and

guardians of students, in accordance with paragraph (2). ‘‘(4) EXCEPTIONS.—

‘‘(A) EDUCATIONAL PRODUCTS OR SERVICES.—Paragraph (1)(E) does not apply to the collection, disclosure, or

use of personal information collected from students for the

exclusive purpose of developing, evaluating, or providing

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educational products or services for, or to, students or educational institutions, such as the following: ‘‘(i) College or other postsecondary education recruitment, or military recruitment. ‘‘(ii) Book clubs, magazines, and programs providing access to low-cost literary products. ‘‘(iii) Curriculum and instructional materials used

by elementary schools and secondary schools. ‘‘(iv) Tests and assessments used by elementary

schools and secondary schools to provide cognitive,

evaluative, diagnostic, clinical, aptitude, or achievement information about students (or to generate other

statistically useful data for the purpose of securing

such tests and assessments) and the subsequent analysis and public release of the aggregate data from such

tests and assessments. ‘‘(v) The sale by students of products or services to

raise funds for school-related or education-related activities. ‘‘(vi) Student recognition programs. ‘‘(B) STATE LAW EXCEPTION.—The provisions of this

subsection—

‘‘(i) shall not be construed to preempt applicable

provisions of State law that require parental notification; and ‘‘(ii) do not apply to any physical examination or

screening that is permitted or required by an applicable State law, including physical examinations or

screenings that are permitted without parental notification. ‘‘(5) GENERAL PROVISIONS.— ‘‘(A) RULES OF CONSTRUCTION.—

‘‘(i) This section does not supersede section 444.

‘‘(ii) Paragraph (1)(D) does not apply to a survey

administered to a student in accordance with the Individuals with Disabilities Education Act (20 U.S.C.

1400 et seq.).

‘‘(B) STUDENT RIGHTS.—The rights provided to parents

under this section transfer to the student when the student

turns 18 years old, or is an emancipated minor (under an

applicable State law) at any age. ‘‘(C) INFORMATION ACTIVITIES.—The Secretary shall annually inform each State educational agency and each local

educational agency of the educational agency’s obligations

under this section and section 444.

‘‘(D) FUNDING.—A State educational agency or local

educational agency may use funds provided under part A

of title V of the Elementary and Secondary Education Act

of 1965 to enhance parental involvement in areas affecting

the in-school privacy of students.

‘‘(6) DEFINITIONS.—As used in this subsection:

‘‘(A) INSTRUCTIONAL MATERIAL.—The term ‘instructional material’ means instructional content that is provided to a student, regardless of its format, including printed or representational materials, audio-visual materials,

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and materials in electronic or digital formats (such as materials accessible through the Internet). The term does not

include academic tests or academic assessments.

‘‘(B) INVASIVE PHYSICAL EXAMINATION.—The term

‘invasive physical examination’ means any medical examination that involves the exposure of private body parts, or

any act during such examination that includes incision, insertion, or injection into the body, but does not include a

hearing, vision, or scoliosis screening.

‘‘(C) LOCAL EDUCATIONAL AGENCY.—The term ‘local

educational agency’ means an elementary school, secondary

school, school district, or local board of education that is

the recipient of funds under an applicable program, but

does not include a postsecondary institution.

‘‘(D) PARENT.—The term ‘parent’ includes a legal

guardian or other person standing in loco parentis (such as

a grandparent or stepparent with whom the child lives, or

a person who is legally responsible for the welfare of the

child).

‘‘(E) PERSONAL INFORMATION.—The term ‘personal information’ means individually identifiable information

including—

‘‘(i) a student or parent’s first and last name;

‘‘(ii) a home or other physical address (including

street name and the name of the city or town);

‘‘(iii) a telephone number; or

‘‘(iv) a Social Security identification number.

‘‘(F) STUDENT.—The term ‘student’ means any elementary school or secondary school student.

‘‘(G) SURVEY.—The term ‘survey’ includes an evaluation.’’.

SEC. 1062. TECHNICAL CORRECTIONS.

The General Education Provisions Act (20 U.S.C. 1221 et seq.)

is amended as follows:

(1) SECTION 431.—Section 422 (the second place it appears)

(20 U.S.C. 1231a), relating to collection and dissemination of

information, is redesignated as section 431.

(2) SECTION 441.—Section 3501(c) of the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988 (102 Stat. 357) is amended by

striking ‘‘through ‘such Act)’ ’’ and inserting ‘‘through ‘Act of

1965’ ’’, effective as of the date of enactment of that law.

(3) SECTION 444.—Section 444 (20 U.S.C. 1232g) is

amended—

(A) in subsection (a)(1), by moving subparagraph (B)

four ems to the left;

(B) in subsection (b)(1)(J), by moving subparagraph

(J)(i) and clause (ii) of subparagraph (J) each two ems to

the left;

(C) in the undesignated text following subsection

(b)(1)(J)(ii), by striking ‘‘clause (E)’’ and inserting ‘‘subparagraph (E)’’; and

(D) in subsection (b), by moving paragraph (7)(A) and

subparagraph (B) of paragraph (7) each two ems to the left.

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(4) SECTION 447.—Section 447(b) (20 U.S.C. 1232j(b)) is

amended by striking ‘‘et seq.’’. (5) SECTION 475.—Section 475(b)(2) (20 U.S.C. 1235d) is

amended by striking ‘‘section 4703(3)’’ and inserting ‘‘section

473(3)’’. (6) SECTION 477.—Section 477 (20 U.S.C. 1235f) is amended

by striking ‘‘section 4702’’ and inserting ‘‘472’’.

PART G—MISCELLANEOUS OTHER STATUTES

SEC. 1071. TITLE 5 OF THE UNITED STATES CODE.

(a) COMPENSATION.—Section 5314 of title 5, United States

Code, is amended by adding at the end the following:

‘‘Under Secretary of Education’’. (b) EFFECTIVE DATE.—This section shall take effect on the first

day of the first pay period on or after the date of enactment of this

Act.

SEC. 1072. DEPARTMENT OF EDUCATION ORGANIZATION ACT.

(a) COORDINATOR FOR THE OUTLYING AREAS.—Title II of the

Department of Education Organization Act (20 U.S.C. 3411 et seq.)

is amended by adding at the end the following new section:

‘‘COORDINATOR FOR THE OUTLYING AREAS

‘‘SEC. 220. (a) ESTABLISHMENT.—The Secretary shall designate

an office of the Department to coordinate the activities of the Department as they relate to the outlying areas. ‘‘(b) APPOINTMENT.—Not later than 90 days after the date of enactment of the No Child Left Behind Act of 2001, the head of the

office designated under subsection (a) shall appoint a coordinator

for the outlying areas, who shall be a person with substantial experience in the operation of Federal programs in the outlying areas.

‘‘(c) DUTIES.—The coordinator for the outlying areas shall—

‘‘(1) serve as the principal advisor to the Department on

Federal matters affecting the outlying areas;

‘‘(2) evaluate, on a periodic basis, the needs of education

programs in the outlying areas;

‘‘(3) assist with the coordination of programs that serve the

outlying areas; and

‘‘(4) provide guidance to programs within the Department

that serve the outlying areas.

‘‘(d) OUTLYING AREAS DEFINED.—As used in this section, the

term ‘outlying areas’ includes Guam, the Virgin Islands, American

Samoa, and the Commonwealth of the Northern Marianas Islands,

but does not include the Freely Associated States of the Republic of

the Marshall Islands, the Federated States of Micronesia, and the

Republic of Palau.’’.

(b) RENAMING OF OFFICE.—The Department of Education Organization Act (20 U.S.C. 3401 et seq.) is amended by striking ‘‘Office

of Bilingual Education and Minority Languages Affairs’’ and ‘‘Office of Bilingual Education’’ each place either such term appears

and inserting ‘‘Office of English Language Acquisition, Language

Enhancement, and Academic Achievement for Limited English Proficient Students’’.

(c) CLERICAL AMENDMENTS.—The Department of Education Organization Act (20 U.S.C. 3401 et seq.) is amended as follows:

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(1) TABLE OF CONTENTS.—The table of contents in section

1 (20 U.S.C. 3401 note) is amended—

(A) by amending the item relating to section 209 to

read as follows:

‘‘Sec. 209. Office of English Language Acquisition, Language Enhancement, and

Academic Achievement for Limited English Proficient Students.’’;

(B) by amending the item relating to section 216 to

read as follows:

‘‘Sec. 216. Office of English Language Acquisition, Language Enhancement, and

Academic Achievement for Limited English Proficient Students.’’; and

(C) by inserting after the item relating to section 217

the following new items:

‘‘Sec. 218. Office of Educational Technology.

‘‘Sec. 219. Liaison for Proprietary Institutions of Higher Education.

‘‘Sec. 220. Coordinator for the Outlying Areas.’’.

(2) SECTION HEADINGS.—

(A) SECTION 209.—The section heading for section 209

of the Department of Education Organization Act (20

U.S.C. 3420) is amended to read as follows:

‘‘OFFICE OF ENGLISH LANGUAGE ACQUISITION, LANGUAGE ENHANCEMENT, AND ACADEMIC ACHIEVEMENT FOR LIMITED ENGLISH PROFICIENT STUDENTS’’.

(B) SECTION 216.—The section heading for section 216

of the Department of Education Organization Act (20

U.S.C. 3423d) is amended to read as follows:

‘‘SEC. 216. OFFICE OF ENGLISH LANGUAGE ACQUISITION, LANGUAGE

ENHANCEMENT, AND ACADEMIC ACHIEVEMENT FOR LIMITED ENGLISH PROFICIENT STUDENTS.’’.

(d) CONFORMING AMENDMENTS.—Sections 209 and 216 of the

Department of Education Organization Act (20 U.S.C. 3420, 3423d)

are amended by striking ‘‘Director of Bilingual Education and Minority Languages Affairs’’ each place such term appears and inserting ‘‘Director of English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient

Students’’.

(e) TECHNICAL CORRECTIONS.—

(2) SECTION 202.—Paragraph (3) of section 202(b) (20

U.S.C. 3412(b)(3)), relating to the Assistant Secretary for Educational Research and Improvement (as added by section 913(2)

of the Goals 2000: Educate America Act (108 Stat. 223)), is redesignated as paragraph (4).

(3) SECTION 218.—Section 216 (the second place it appears)

(20 U.S.C. 3425), relating to the Office of Educational Technology (as added by section 233(a) the Goals 2000: Educate

America Act (108 Stat. 154), is redesignated as section 218.

SEC. 1073. EDUCATION FLEXIBILITY PARTNERSHIP ACT OF 1999.

Section 4(b) of the Education Flexibility Partnership Act of

1999 (20 U.S.C. 5891b(b)) is amended to read as follows: ‘‘(b) INCLUDED PROGRAMS.—The statutory or regulatory requirements referred to in subsection (a)(1)(A) are any such requirements

for programs that are authorized under the following provisions

and under which the Secretary provides funds to State educational

agencies on the basis of a formula:

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‘‘(1) The following provisions of the Elementary and Secondary Education Act of 1965: ‘‘(A) Part A (other than sections 1111 and 1116), subpart 3 of part B, and parts C, D, and F of title I. ‘‘(B) Subparts 2 and 3 of part A of title II.

‘‘(C) Subpart 1 of part D of title II.

‘‘(D) Subpart 4 of part B of title III, if the funding trigger in section 3001 of such Act is not reached. ‘‘(E) Subpart 1 of part A of title IV.

‘‘(F) Part A of title V. ‘‘(2) The Carl D. Perkins Vocational and Technical Education Act of 1998 (20 U.S.C. 2301 et seq.).’’.

SEC. 1074. EDUCATIONAL RESEARCH, DEVELOPMENT, DISSEMINATION,

AND IMPROVEMENT ACT OF 1994.

The Educational Research, Development, Dissemination, and

Improvement Act of 1994 (20 U.S.C. 6001 et seq.) is amended by

adding after part I the following new part:

‘‘PART J—CERTAIN MULTIYEAR GRANTS AND

CONTRACTS

‘‘SEC. 995. CONTINUATION OF AWARDS.

‘‘(a) IN GENERAL.—Notwithstanding any other provision of law,

from funds appropriated under subsection (b), the Secretary— ‘‘(1) shall continue to fund any multiyear grant or contract

awarded under section 3141 and parts A and C of title XIII of

the Elementary and Secondary Education Act of 1965 (as such

provisions were in effect on the day preceding the date of enactment of the No Child Left Behind Act of 2001), for the duration

of that multiyear award in accordance with its terms; and ‘‘(2) may extend, on a year-to-year basis, any multiyear

grant or contract awarded under an authority described in

paragraph (1) that expires after the enactment of the No Child

Left Behind Act of 2001, but before the enactment of successor

authority to this Act.

‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated for each fiscal year such sums as may be necessary to carry out subsection (a).’’.

SEC. 1075. NATIONAL CHILD PROTECTION ACT OF 1993.

Section 5(9) of the National Child Protection Act of 1993 (42

U.S.C. 5119c(9)) is amended— (1) in subparagraph (A)(i), by inserting ‘‘(including an individual who is employed by a school in any capacity, including

as a child care provider, a teacher, or another member of school

personnel)’’ before the semicolon at the end; and

(2) in subparagraph (B)(i), by inserting ‘‘(including an individual who seeks to be employed by a school in any capacity,

including as a child care provider, a teacher, or another member of school personnel)’’ before the semicolon at the end.

SEC. 1076. TECHNICAL AND CONFORMING AMENDMENTS.

(a) LEGISLATIVE BRANCH APPROPRIATIONS ACT, 1997.—Section

5(d)(1) of the Legislative Branch Appropriations Act, 1997 (2 U.S.C.

117b–2(d)(1)) is amended—

(1) by striking ‘‘14101’’ and inserting ‘‘9101’’; and

678

(2) by striking ‘‘(20 U.S.C. 8801)’’.

(b) LEGISLATIVE BRANCH APPROPRIATIONS ACT, 1987.—Section

104(3)(B)(ii) of the Legislative Branch Appropriations Act, 1987 (as

incorporated by reference in section 101(j) of Public Law 99–500

and Public Law 99–591) (2 U.S.C. 117e(3)(B)(ii)) is amended by

striking ‘‘14101’’ and inserting ‘‘9101’’.

(c) NATIONAL AGRICULTURAL RESEARCH, EXTENSION, AND

TEACHING POLICY ACT OF 1977.—Section 1417(j)(1)(B) of the National Agricultural Research, Extension, and Teaching Policy Act of

1977 (7 U.S.C. 3152(j)(1)(B)) is amended—

(1) by striking ‘‘14101(25)’’ and inserting ‘‘9101’’; and

(2) by striking ‘‘(20 U.S.C. 8801(25))’’.

(d) REFUGEE EDUCATION ASSISTANCE ACT OF 1980.—Section

101(1) of the Refugee Education Assistance Act of 1980 (8 U.S.C.

1522 note) is amended by striking ‘‘14101’’ and inserting ‘‘9101’’.

(e) TITLE 10, UNITED STATES CODE.—Section 2194(e)(2) of title

10, United States Code, is amended—

(1) by striking ‘‘14101’’ and inserting ‘‘9101’’; and

(2) by striking ‘‘(20 U.S.C. 8801)’’.

(f) TOXIC SUBSTANCES CONTROL ACT.—

(1) ASBESTOS.—Paragraphs (7), (9) and (12) of section 202

of the Toxic Substances Control Act (15 U.S.C. 2642) are

amended by striking ‘‘14101’’ and inserting ‘‘9101’’.

(2) RADON.—Section 302(1)(A) of the Toxic Substances Control Act (15 U.S.C. 2662(1)(A)) is amended by striking ‘‘14101’’

and inserting ‘‘9101’’.

(g) HIGHER EDUCATION ACT OF 1965.—Paragraphs (4), (5), (6),

(10), and (14) of section 103 of the Higher Education Act of 1965

(20 U.S.C. 1003) are amended by striking ‘‘14101’’ and inserting

‘‘9101’’.

(h) GENERAL EDUCATION PROVISIONS ACT.—Section 425(6) of

the General Education Provisions Act (20 U.S.C. 1226c(6)) is

amended by striking ‘‘14701’’ and inserting ‘‘9601’’.

(i) INDIVIDUALS WITH DISABILITIES EDUCATION ACT.—Section

613(f) of the Individuals with Disabilities Education Act (20 U.S.C.

1413(f)) is amended by striking paragraph (3).

(j) EDUCATION AMENDMENTS OF 1972.—Section 908(2)(B) of the

Education Amendments of 1972 (20 U.S.C. 1687(2)(B)) is amended

by striking ‘‘14101’’ and inserting ‘‘9101’’.

(k) CARL D. PERKINS VOCATIONAL AND TECHNICAL EDUCATION

ACT OF 1998.—Section 3 of the Carl D. Perkins Vocational and

Technical Education Act of 1998 (20 U.S.C. 2302) is amended—

(1) in paragraph (5)—

(A) by striking ‘‘10306’’ and inserting ‘‘5206’’; and

(B) by striking ‘‘(20 U.S.C. 8066)’’;

(2) in paragraph (8) by striking ‘‘14101’’ and inserting

‘‘9101’’; and

(3) in paragraphs (16) and (21)—

(A) by striking ‘‘14101’’ and inserting ‘‘9101’’; and

(B) by striking ‘‘(20 U.S.C. 8801)’’.

(l) EDUCATION FOR ECONOMIC SECURITY ACT.—

(1) ECONOMIC SECURITY.—Section 3(3) of the Education for

Economic Security Act (20 U.S.C. 3902) is amended—

(A) in paragraph (3)—

679

(i) by striking ‘‘198(a)(7)’’ and inserting ‘‘9101’’;

and

(B) in paragraph (7)—

(i) by striking ‘‘198(a)(10)’’ and inserting ‘‘9101’’;

and

(C) in paragraph (12)—

(i) by striking ‘‘198(a)(17)’’ and inserting ‘‘9101’’.

(2) ASBESTOS.—Section 511 of the Education for Economic

Security Act (20 U.S.C. 4020) is amended—

(A) in paragraph (4)(A), by striking ‘‘198(a)(10)’’ and

inserting ‘‘9101’’; and

(B) in paragraph (5)(A), by striking ‘‘198(a)(7)’’ and inserting ‘‘9101’’.

(m) JAMES MADISON MEMORIAL FELLOWSHIP ACT.—Section

815(4) of the James Madison Memorial Fellowship Act (20 U.S.C.

4514(4)) is amended by striking ‘‘14101’’ and inserting ‘‘9101’’.

(n) NATIONAL ENVIRONMENTAL EDUCATION ACT.—Section 3(5)

of the National Environmental Education Act (20 U.S.C. 5502(5)) is

amended—

(1) by striking ‘‘14101’’ and inserting ‘‘9101’’; and

(2) by striking ‘‘(20 U.S.C. 3381)’’.

(o) EDUCATION FLEXIBILITY PARTNERSHIP ACT OF 1999.—Section 3(1) of the Education Flexibility Partnership Act of 1999 (20

U.S.C. 5891a(1)) is amended by striking ‘‘14101’’ and inserting

‘‘9101’’.

(p) DISTRICT OF COLUMBIA COLLEGE ACCESS ACT OF 1999.—

Section 3(c)(5) of the District of Columbia College Access Act of 1999

(Public Law 106–98; 113 Stat. 1323) is amended—

(1) by striking ‘‘14101’’ and inserting ‘‘9101’’; and

(2) by striking ‘‘(20 U.S.C. 8801)’’.

(q) SCHOOL-TO-WORK OPPORTUNITIES ACT OF 1994.—Paragraph (5) of section 502(b) of the School-to-Work Opportunities Act

of 1994 (20 U.S.C. 6212(b)(5)) is amended to read as follows:

‘‘(5) parts K through N of the Educational Research, Development, Dissemination, and Improvement Act of 1994; and’’.

(r) NATIONAL EDUCATION STATISTICS ACT OF 1994.—Paragraphs (4) and (6) of section 402(c) of the National Education Statistics Act of 1994 (20 U.S.C. 9001(c)) are amended by striking

‘‘14101’’ and inserting ‘‘9101’’.

(s) ADULT EDUCATION AND FAMILY LITERACY ACT.—Section

203(13) of the Adult Education and Family Literacy Act (20 U.S.C.

9202(13)) is amended—

(1) by striking ‘‘14101’’ and inserting ‘‘9101’’; and

(2) by striking ‘‘(20 U.S.C. 8801)’’.

(t) INTERNAL REVENUE CODE OF 1986.—Section 1397E(d)(4)(B)

of the Internal Revenue Code of 1986 is amended by striking

‘‘14101’’ and inserting ‘‘9101’’.

(u) REHABILITATION ACT OF 1973.—

(1) RESEARCH.—Section 202(b)(4)(A)(i) of the Rehabilitation

Act of 1973 (29 U.S.C. 762(b)(4)(A)(i)) is amended by striking

‘‘14101’’ and inserting ‘‘9101’’.

(2) NONDISCRIMINATION.—Section 504(b)(2)(B) of the Rehabilitation Act of 1973 (29 U.S.C. 794(b)(2)(B)) is amended by

striking ‘‘14101’’ and inserting ‘‘9101’’.

680

(v) FAMILY AND MEDICAL LEAVE ACT OF 1993.—Section

108(a)(1)(A) of the Family and Medical Leave Act of 1993 (29

U.S.C. 2618(a)(1)(A)) is amended—

(1) by striking ‘‘14101’’ and inserting ‘‘9101’’; and

(2) by striking ‘‘(20 U.S.C. 2891(12))’’.

(w) WORKFORCE INVESTMENT ACT OF 1998.—Paragraphs (23)

and (40) of section 101 of the Workforce Investment Act of 1998 (29

U.S.C. 2801) are amended—

(1) by striking ‘‘14101’’ and inserting ‘‘9101’’; and

(2) by striking ‘‘(20 U.S.C. 8801)’’.

(x) SAFE DRINKING WATER ACT.—Paragraphs (3)(A) and (6) of

section 1461 of the Safe Drinking Water Act (42 U.S.C. 300j–21) are

amended by striking ‘‘14101’’ and inserting ‘‘9101’’.

(y) CIVIL RIGHTS ACT OF 1964.—Section 606(2)(B) of the Civil

Rights Act of 1964 (42 U.S.C. 2000d–4a(2)(B)) is amended by striking ‘‘14101’’ and inserting ‘‘9101’’.

(z) AGE DISCRIMINATION ACT OF 1975.—Section 309(4)(B)(ii) of

the Age Discrimination Act of 1975 (42 U.S.C. 6107(4)(B)(ii)) is

amended by striking ‘‘14101’’ and inserting ‘‘9101’’.

(aa) HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1989.—

Section 221(f)(3)(B)(i) of The Hazardous and Solid Waste Amendments of 1984 (42 U.S.C. 6921 note) is amended by striking

‘‘198(a)(7)’’ and inserting ‘‘9101’’.

(bb) ALBERT EINSTEIN DISTINGUISHED EDUCATOR FELLOWSHIP

ACT OF 1994.—Paragraphs (1), (2), and (3) of section 514 of the Albert Einstein Distinguished Educator Fellowship Act of 1994 (42

U.S.C. 7382b) are amended by striking ‘‘14101’’ and inserting

‘‘9101’’.

(cc) EARTHQUAKE HAZARDS.—Section 2(c)(1)(A) of the Act entitled ‘‘An Act to authorize appropriations for carrying out the Earthquake Hazards Reduction Act of 1977 for fiscal years 1998 and

1999, and for other purposes’’, approved October 1, 1997 (42 U.S.C.

7704 note) is amended—

(1) by striking ‘‘14101’’ and inserting ‘‘9101’’; and

(2) by striking ‘‘(20 U.S.C. 8801)’’.

(dd) STATE DEPENDENT CARE DEVELOPMENT GRANTS ACT.—

Paragraphs (6) and (11) of section 670G of the State Dependent

Care Development Grants Act (42 U.S.C. 9877) are amended by

striking ‘‘14101’’ and inserting ‘‘9101’’.

(ee) COMMUNITY SERVICES BLOCK GRANT ACT.—Section

682(b)(4) of the Community Services Block Grant Act (42 U.S.C.

9923(b)(4)) is amended—

(1) by striking ‘‘14101’’ and inserting ‘‘9101’’; and

(2) by striking ‘‘(20 U.S.C. 8801)’’.

(ff) NATIONAL AND COMMUNITY SERVICE ACT OF 1990.—Paragraphs (8), (14), (22), and (28) of section 101 of the National and

Community Service Act of 1990 (42 U.S.C. 12511) are amended by

striking ‘‘14101’’ and inserting ‘‘9101’’.

(gg) TELECOMMUNICATIONS ACT OF 1996.—Section 706(c)(2) of

the Telecommunications Act of 1996 (47 U.S.C. 157 note) is

amended—

(1) by striking ‘‘paragraphs (14) and (25), respectively, of

section 14101’’ and inserting ‘‘section 9101’’; and

(2) by striking ‘‘(20 U.S.C. 8801)’’.

681

(hh) COMMUNICATIONS ACT OF 1934.—Section 254(h)(7)(A) of

the Communications Act of 1934 (47 U.S.C. 254(h)(7)(A)) is

amended—

(1) by striking ‘‘paragraphs (14) and (25), respectively, of

section 14101’’ and inserting ‘‘section 9101’’; and

(2) by striking ‘‘(20 U.S.C. 8801)’’. (ii) TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY.— Section 4024 of the Transportation Equity Act for the 21st Century

(49 U.S.C. 31136 note) is amended by striking ‘‘14101’’ and inserting ‘‘9101’’. And the Senate agree to the same.

JOHN BOEHNER,

THOMAS E. PETRI,

MARGE ROUKEMA,

HOWARD ‘‘BUCK’’ MCKEON,

MIKE CASTLE,

LINDSEY GRAHAM,

VAN HILLEARY,

JOHNNY, ISAKSON,

GEORGE MILLER,

DALE E. KILDEE,

MAJORS R. OWENS,

PATSY T. MINK,

ROBERT E. ANDREWS,

TIM ROEMER,

Managers on the Part of the House.

EDWARD KENNEDY, CHRISTOPHER DODD, TOM HARKIN, BARBARA A. MIKULSKI, JEFF BINGAMAN,

PATTY MURRAY, JOHN EDWARDS,

HILLARY RODHAM CLINTON, JOSEPH LIEBERMAN, EVAN BAYH, JUDD GREGG, BILL FRIST, MIKE ENZI,

TIM HUTCHINSON,

JOHN WARNER,

KIT BOND,

PAT ROBERTS,

SUSAN COLLINS,

JEFF SESSIONS,

MIKE DEWINE,

WAYNE ALLARD,

JOHN ENSIGN, Managers on the Part of the Senate.

(683)

JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF

CONFERENCE

The managers on the part of the House and the Senate at the

conference on the disagreeing votes of the two Houses on the

amendment of the Senate to the bill, (H.R. 1), to close the achievement gap with accountability, flexibility, and choice, so that no

child is left behind, submit the following joint statement to the

House and the Senate in explanation of the effect to the action

agreed upon by the managers and recommended in the accompanying conference report:

The Senate amendment struck all of the text of the House bill

after the enacting clause and inserted a substitute text.

The House recedes from its disagreement to all of the amendment of the Senate with an amendment that is a substitute for the

House bill and the Senate amendment. The differences between the

House bill, the Senate amendment, and the substitute agreed to in

conference are noted below, except for clerical corrections, conforming changes made necessary by agreements reached by the

conferees, and minor drafting and clerical changes.

Title I, Part A, Subpart 2 (Formula)

**Note: The side-by-sides were numbered wrong, so these notes

have been re-numbered. To correlate these notes with your side-byside, add 15 to the side-by-side note number to get these re-numbered notes.

501. The House bill and the Senate amendment are substantially the same with exception of technical differences.

LC

502. Both bills provide assistance to the outlying areas. The

Senate amendment, but not the House bill, provides assistance to

the outlying areas in accordance with such criteria as the Secretary

determines will best carry out the purpose of this part.

LC—conform to note 504.

503. The House bill and the Senate amendment are substantially the same except the Senate amendment clarifies that grants

are specifically to local educational agencies.

HR

504. Both the House bill and the Senate amendment authorize

a competition for grants. The House bill authorizes the competition

for FY2002 and FY2003, while the Senate amendment authorizes

the competition for FY2002 and each of the 6 succeeding fiscal

years. The House bill and the Senate amendment have two different ways of referring to the $5 million reserved for the Freely

Associated States. The Senate amendment authorizes the Secretary

to reserve $5 million for the competitive grants from funds under

subsection (a)(1), for the Freely Associated States. The House bill,

but not the Senate amendment, caps the reservation at the level

684

reserved for the Freely Associated States in FY1999, which was $5

million. The House bill directs the Secretary to make competitive

grant awards pursuant to the recommendations of the Pacific Region Educational Laboratory while the Senate amendment allows

the Secretary to award grants ‘‘taking into consideration’’ the recommendations of the Pacific Region Educational Laboratory. The

House bill provides for competitive grants to outlying areas and

Freely Associated States while the Senate amendment includes

only the Freely Associated States.

HR with amendment to strike ‘‘For fiscal year 2002, and

each of the 6 succeeding fiscal years’’ and insert ‘‘Until an

agreement for the extension of United States education assistance under the Compact of Free Association for each appropriate outlying area enters into effect after the date of

enactment of this Act.

505. The Senate amendment, but not the House bill, provides

that funds may only be used for specified purposes under this paragraph.

HR with an amendment to insert ‘‘that assist all students with meeting challenging State academic content

standards’’ after ‘‘to provide direct educational services’’ in

(ii).

506. The House bill and the Senate amendment both permit

the Secretary to provide 5 percent of the amount reserved for

grants under this paragraph to the Pacific Region Educational Laboratory for pay for administrative costs. There are minor technical

differences in wording.

SR

507. The House bill, but not the Senate amendment, includes

a special rule whereby, consolidation authority under P.L. 95–134

does not apply with respect to these funds.

SR

508. The House bill, but not the Senate amendment, includes

definitions of ‘‘Freely Associated States’’ and ‘‘Outlying Area’’ for

purposes of subsection (a) and (b). See also note 29 in Title VIII’s

General Provisions regarding definitions of these words. See also

note 507 following.

LC—conform and put in Title VIII

509. The House bill and the Senate amendment are identical,

except the House bill uses the word ‘‘allotted’’ while the Senate

amendment uses the word ‘‘reserved.’’

SR

510. The House bill and the Senate amendment are identical,

except the House bill uses the word ‘‘allotted’’ while the Senate

amendment uses the word ‘‘reserved.’’

SR

511. The House bill and the Senate amendment are substantially the same, except the House bill refers to FY2002–FY2006

while the Senate amendment refers to FY2002–FY2008. The House

bill refers to amounts ‘‘equal to’’ the amount appropriated to carry

out section 1124 while the Senate amendment refers to amounts

‘‘less than or equal to’’ the amount appropriated to carry out section 1124. In effect, the House bill and Senate amendment are the

same, as long as appropriations are at or above the FY2001 level.

685

SR with an amendment to strike ‘‘2006’’ and insert ‘‘2007’’. 512. The Senate amendment refers to amounts appropriated

that are not used under paragraph (1) while the House bill does

not have a similar clause.

SR

513. The House bill allocates funds under section 1125 according to the extent to which the amount appropriated under 1002(a)

for the current fiscal year exceeds the amount appropriated for fiscal year 2001. The Senate amendment allocates funds in accordance with section 1125 for which a determination is made that

funds are not used to carry out paragraphs (1) and (2). In effect,

the House bill and Senate amendment are the same.

SR

514. The House bill and Senate amendment have identical provisions on ratable reductions.

LC

515. The House bill includes a hold harmless provision for sections 1124 and 1125 together, with a separate provision for section

1124A. The Senate amendment includes a hold harmless for sections 1124, 1124A and 1125 as one provision. The House bill provides for basic and targeted grants a hold harmless of 95 percent,

90 percent and 85 percent based on ranges of percentages of poor

children in LEAs, while the Senate amendment provides, for basic,

concentration, and targeted grants, a hold harmless based on the

greater of 100% of what a district received for 2001 or the amount

the district would have received under the statutory formula without applying any hold harmless. Under the House bill, the hold

harmless provisions apply separately to each formula, as opposed

to being applied to total grants under all three formulas. The Senate amendment applies to the FY2001 grant amount for each year,

not to the previous year’s grant amount, as in the House bill.

SR

516. The House bill, but not the Senate amendment provides

for an 85 percent hold harmless for section 1124A (concentration)

grants. Compare to Senate provision above.

SR with an amendment—apply according to district poverty level a sliding scale hold harmless of 85 percent to 95

percent of previous year’s grant to basic, concentration, and

targeted formulas, separately.

517. The House bill, but not the Senate amendment, provides

a special rule regarding ineligible LEAs with respect to grants

under section 1124A. See also the ‘‘Special Rules’’ under subsection

(c)(2) of the Senate bill for minimum eligibility criteria.

SR

518. The Senate amendment, but not the House bill, prohibits

the Secretary from taking into account the hold harmless for purposes of calculating State or local allocations for any other program

that relies on Part A allocations.

HR

519. The House bill, and the Senate amendment contain the

same provision (see section 1122(c)(3) of the Senate amendment),

which provides a special rule for addressing situations where allocations for counties are insufficient to meet the hold harmless reVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00689 Fmt 6601 Sfmt 6601 E:\HR\OC\A334HR.287 pfrm07 PsN: A334HR
686

quirements for every local educational agency within that county.

Under such circumstances, the State educational agency shall reallocate funds from all other local educational agencies in the State

that are receiving funds in excess of the hold harmless amounts.

LC

520. The Senate amendment, but not the House bill, requires

the Secretary of Education to use updated population data published by the Department of Commerce for purposes of carrying out

grants under section 1124, unless the Secretary of Education and

the Secretary of Commerce determine the use of the updated population data would be inappropriate or unreliable. The Senate

amendment also includes provisions relating to inappropriate or

unreliable data, poverty criteria, authorizations of appropriations,

special rules, and calculations based on population data for counties. The Senate amendment provides for the use of population updates annually, rather than every second year, as under the House

bill.

HR with an amendment to insert ‘‘annually’’ between ‘‘use’’ and ‘‘updated’’ in clause (i); Allow for biennial data

usage when annually updated data in not available; strike

clause (iv) AUTHORIZATION OF APPROPRIATIONS and subclauses

(II) and (III) of clause (ii);

LC on Senate (3).

Report Language:

The Conferees strongly urge the Department of Education and the Department of Commerce to work collaboratively to produce annually updated data on the number of

poor children as soon as possible, but not later than March

2003. The conferees believe it is imperative that the departments use annually updated data as produced by the Department of Commerce, as provided for in the Conference

agreement. The Conferees recognize that additional resources will likely be necessary to produce annually updated data and therefore expect the Departments of Commerce and Education to submit budget requests that reflect

the efforts that will be necessary to carry out this new responsibility.

521. The House bill and the Senate amendment on ratable reductions are identical.

LC

522. The Senate amendment includes definitions for ‘‘Freely

Associated States,’’ and ‘‘Outlying Areas,’’ for purposes of this subpart. The House bill, in note 493 above, includes definitions of

‘‘Freely Associated States’’ and ‘‘Outlying Areas.’’ See also note 29

in Title VIII (General Provisions) for definition of ‘‘Outlying Area.’’

LC

523. The House bill and the Senate amendment both include

definitions of the term ‘‘State.’’ The Senate amendment references

the definition for purposes of this subpart while the House bill references applicability to section 1122, 1124, 1124A, and 1125.

LC

524. The House bill and the Senate amendment have identical

provisions for the amount of grants to local educational agencies.

LC

687

525. The House bill and the Senate amendment are identical

for the calculation of grants for purposes of allocations to local educational agencies.

LC

526. The House bill and Senate amendment have substantially

similar provisions for allocations to large and small local educational agencies with minor technical differences.

LC

527. The House bill and the Senate amendment have substantially similar provisions on allocations to counties with minor technical differences.

LC

528. The House bill and the Senate amendment are identical

except the House bill uses the ‘‘Assurances’’ in the heading and the

Senate bill uses the phrase ‘‘Allocations to Local Educational Agencies.’’

HR

529. The House bill and the Senate amendment are substantially similar with minor technical differences in wording.

LC

530. The House bill and Senate amendment are substantially

similar with minor technical differences in wording.

LC

531. The House bill, but not the Senate amendment, includes

minimum percentages for each of fiscal years 2002–2005 and succeeding fiscal years in the calculations of the expenditure factor for

Puerto Rico.

SR with an amendment to insert:

‘‘(v) for fiscal year 2006, 92.5 percent; and

‘‘(vi) for fiscal year 2007, 100 percent.’’

532. The House bill, but not the Senate amendment, includes

adjustments in allocations to Puerto Rico relative to any of the 50

States or the District of Columbia receiving less than in the preceding fiscal year.

SR with an amendment to strike the ‘‘or’’ after ‘‘(A)(i)’’

and insert a comma, and insert ‘‘, or the percentage specified in subparagraph (B) for the preceding fiscal year’’ after

‘‘the percentage used for the preceding fiscal year’’.

533. The House bill, but not the Senate amendment, includes

a definition of ‘‘State’’ for purposes of this subsection.

SR

534. The House bill and Senate amendment have identical provisions relating to the minimum number of children to qualify for

a basic grant.

LC

535. The House bill and the Senate amendment on categories

of children to be counted are identical except the Senate amendment references both paragraphs (2) and (3) for the determination,

while the House bill only references paragraph (2).

HR

536. Paragraph (B) of the Senate amendment is identical to

Paragraph (C) of the House bill.

LC

688

537. Paragraph (B) of the House bill is identical to Paragraph

(C) of the Senate amendment with minor technical differences in

the placement of parentheticals.

LC

538. Paragraph (C) of the House bill and Paragraph (B) of the

Senate amendment are identical.

LC

539. The House bill and the Senate amendment are identical

with the exception of minor technical differences in drafting.

SR

540. The House bill and the Senate amendment are identical

with minor technical differences in drafting. However, see also note

505 above for section (c)(1)(C)(i) of the Senate amendment which

provides population updates every year rather than every second

year as under the House bill and under (c)(3) of the Senate amendment.

LC—conform with note 520.

541. The House bill and the Senate amendment are identical

with the exception of technical differences in punctuation.

LC

542. The House bill and Senate amendment are identical with

minor technical differences in cross references.

LC

543. The House bill and Senate amendment are identical with

minor technical differences.

HR with an amendment to increase small state minimum for funds above FY 2001 level to .35 percent with current law per pupil grant cap adjusted accordingly.

544. The House bill and Senate amendment have substantially

similar provisions on eligibility for concentration grants, except

Guam, American Samoa, the Virgin Islands, and the Commonwealth of the Northern Mariana Islands are not eligible for such

grants under the House bill. See also section 1123 of the Senate

amendment which defines ‘‘state’’ as the 50 states, the District of

Columbia and Puerto Rico for purposes of subpart 2. Accordingly,

the effect of the House bill and Senate amendment herein is the

same.

HR with an amendment to increase small state minimum for funds above FY 2001 level to .35 percent with current law per pupil grant cap adjusted accordingly.

545. The House bill and the Senate amendment are substantially the same with the exception that the Senate amendment includes a calculation relating to Puerto Rico in the formula. The effect of the House bill and the Senate amendment is the same.

HR with an amendment to strike ‘‘section 1124(a)(3)’’

and insert ‘‘section 1124(a)(4)’’.

546. The House bill and the Senate amendment are identical.

LC

547. The House bill and the Senate amendment are identical

except in paragraph (B) the House bill refers to ‘‘allocation’’ to the

State while the Senate amendment refers to ‘‘amount made available to the State.’’

SR

689

548. The Senate amendment, but not the House bill, includes

a ratable reduction rule.

SR

549. The House bill and the Senate amendment have substantially similar provisions regarding minimum grants with technical

differences in wording. The Senate amendment refers to States receiving .25 percent or less while the House bill refers to minimum

grants.

SR with an amendment to strike ‘‘In States that receive

the minimum grant under subsection (a)(1)(B)’’ and to insert ‘‘In any State for which on the date of enactment of The No

Child Left Behind Act of 2001 the number of children counted under section 1124(c) is less than 0.25 percent of the

number of those children counted for all States’’. 550. The House bill and Senate amendment on targeted grants

are substantially the same with technical differences, including differences in formatting.

HR

551. The House bill and Senate amendment are substantially

the same. However, the House bill refers to a State and the District

of Columbia while the Senate amendment refers to a State ‘‘(other

than the Commonwealth of Puerto Rico).’’ LC

552. The House bill and the Senate amendment are substantially the same.

LC

553. The House bill and the Senate amendment on weighted

child counts are identical with technical differences.

HR with an amendment to update quintiles as per latest

available Census poverty data and to strike ‘‘1.72’’ and insert ‘‘1.82’’ in subparagraph (D) of paragraphs (1) and (2).

554. The House bill and the Senate amendment are substantially the same.

LC

555. The House bill and the Senate amendment have substantially different provisions for the state minimum. The House bill

guarantees .25% of appropriations or the average of .25% of the

amount available to carry out the concentration grants section and

150% of the national average. The Senate amendment provides a

.5% minimum grant.

SR with an amendment to strike ‘‘.25’’ and insert ‘‘.35’’ in

its place; and strike ‘‘one quarter of 1’’ and insert ‘‘.35’’.

556. The Senate amendment, but not the House bill, includes

findings relative to the funding of targeted grants, and a statement

on funding such grants. The Senate amendment effectively re-emphasizes the text in section 1122(a).

HR with an amendment to strike all language in subsection (b) and insert the following:

‘‘(b) LIMITATION ON ALLOCATION OF TITLE I FUNDS CONTINGENT

ON ADEQUATE FUNDING OF TARGETED GRANTS.—Pursuant to section 1122, the total amount allocated in any fiscal year after fiscal

year 2001 for programs and activities under Part A of Title I of the

Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311

et seq.) shall not exceed the amount allocated in fiscal year 2001

690

for such programs and activities unless the amount available for

targeted grants to local educational agencies under section 1125 of

that Act (20 U.S.C. 6335) in the applicable fiscal year meets the requirements of section 1122 (a).’’ 557. The Senate amendment, but not the House bill, includes

an education finance incentive program. The Senate amendment,

but not the House bill, also provides for a school finance equity

study in subsection (f).

HR with an amendment:

(1) funds distributed to states based on multiplication of

each state’s effort factor, equity factor, total number of children

counted under section 1124 (c), and ‘‘cost of education factor’’ described in section 1124 (a)(1)(B), except that the amount determined under that subparagraph shall not be less than 34

percent or more than 46 percent of the average per pupil expenditure in the United States;

(2) funds distributed within state via section 1125 in states

with an equity factor that is greater than 1.2, via section 1125

with a maximum weight of 6 in states with an equity factor

greater than 1.1 and less than 1.2, and via section 1125 with

a maximum weight of 8 in states with an equity factor greater

than 1.0 and less than 1.1;

(3) strike ‘‘.5’’ and insert ‘‘.35’’ in subparagraph (B) of paragraph (1) of subsection (b).

(4) strike ‘‘$200,000,000’’ and insert ‘‘such sums’’ and strike ‘‘6’’ and insert ‘‘5’’ in subsection (e).

558. The House bill and the Senate amendment have identical

special allocation procedures except the House bill refers to ‘‘neglected children’’ while the Senate amendment refers to ‘‘neglected

or delinquent children.’’ HR

559. The House bill and Senate amendment are identical.

LC

560. The House bill, but not the Senate amendment, includes

a provision relating to secular, neutral, and nonideological educational services and benefits.

HR

Title I, Part A

1. The House bill and the Senate amendment have different titles.

SR

2. The House bill and the Senate amendment are substantially

the same.

LC*

*Legislative Counsel, only minor and technical changes were

made.

3. The Senate amendment, but not the House bill, amends current law by moving the ‘‘SHORT TITLE’’ and ‘‘TABLE OF CONTENTS’’ to different sections and adds a ‘‘PURPOSE’’ section for

the entire Act.

HR

4. The House bill, but not the Senate amendment, continues

for one year after the enactment of the bill those grants entered

691

into before enactment. The Senate amendment, but not the House

bill, contains specific transitional provisions within the various titles of the Senate amendment. Also, see note in Title VIII, General Provisions.

SR with an amendment to strike ‘‘date that is one year

after the effective date of this Act’’ and replace with ‘‘the

end of fiscal year 2002, unless such grant was awarded after

the date of enactment of this Act but prior to January 1,

2002, in which case such grant funds shall be available for

one year after such grant is awarded.’’

5. The House bill and the Senate amendment vary significantly

as to organization of each piece of legislation. The differences between the two bills are fully explained in the notes for each title,

which are organized according to the House bill.

HR/SR with an amendment—(see organizational handout).

6. The Senate amendment does not contain a similar provision.

SR with amendment to strike ‘‘on October 1, 2001, or’’

and ‘‘, whichever occurs later’’

7. The House bill and the Senate amendment have different

headings for Title I.

SR with amendment to strike ‘‘PERFORMANCE’’ and insert ‘‘ACHIEVEMENT’’

8. The House bill and the Senate amendment have different

section headings.

SR

9. The House bill, but not the Senate amendment contains

findings.

HR

10. The Senate amendment, but not the House bill, contains a

more detailed statement of purpose and references challenging

State content and performance standards. Both the House bill and

the Senate amendment refer to ‘‘all children’’. The Senate amendment, but not the House bill, describes the purpose of the title in

the following nine paragraphs.

HR/SR with amendment to insert:

‘‘SEC. 1001. STATEMENT OF PURPOSE.

‘‘The purpose of this title is to ensure all children have a fair,

equal and significant opportunity to obtain a high quality education and reach, at a minimum, proficiency on challenging state

academic achievement standards and state academic assessments.

This purpose can be accomplished by—

‘‘(1) ensuring high quality academic assessments, accountability systems, teacher preparation and training, curriculum,

and instructional materials are aligned with challenging State

academic standards so that students, teachers, parents, and

administrators can measure progress against common expectations for student academic achievement;

‘‘(2) meeting the educational needs of low-achieving children in our Nation’s highest-poverty schools, limited English

proficient children, migratory children, disabled children, Indian children, neglected or delinquent children, and young children in need of reading assistance;

692

‘‘(3) closing the achievement gap between high and low

performing children, especially the achievement gaps between

minority and non-minority students, and between disadvantaged and their more advantaged peers;

‘‘(4) holding schools, local educational agencies, and States

accountable for improving the academic achievement of all students, and identifying and turning around low-performing

schools that have failed to provide a high quality education to

its students, while providing alternatives to students in such

schools to enable them to receive a high quality education;

‘‘(5) distributing and targeting resources sufficiently to

make a difference to local educational agencies and schools

where needs are greatest;

‘‘(6) improving and strengthening accountability, teaching,

and learning by using State assessment systems designed to

ensure students are meeting challenging State academic

achievement and content standards and increasing achievement overall, but especially for the disadvantaged;

‘‘(7) providing greater decision making authority and flexibility to schools and teachers in exchange for greater responsibility for student performance;

‘‘(8) providing children an enriched and accelerated educational program, including the use of schoolwide programs or

additional services that increase the amount and quality of instructional time;

‘‘(9) promoting schoolwide reform and ensuring access of

children to effective, scientifically-based instructional strategies and challenging academic content;

‘‘(10) significantly elevating the quality of instruction by

providing staff in participating schools with substantial opportunities for professional development;

‘‘(11) coordinating services under all parts of this title with

each other, with other educational services, and to the extent

feasible, with other agencies providing services to youth, children, and families;

‘‘(12) affording parents substantial and meaningful opportunities to participate in the education of their children;’’

11. The House bill, but not the Senate amendment, contains a

subsection that describes the recognition of need by Congress. However, see notes 12 and 13.

HR (see note 10)

12. The Senate amendment contains a generally similar provision to the House bill regarding accountability in paragraph (8) of

section 1001 of the Senate amendment.

HR (see note 10)

13. The Senate amendment contains a generally similar provision to the House bill regarding the quality and alignment of

standards, assessments, and other efforts of states and LEAs in

paragraph (1) of section 1001 of the Senate amendment.

HR (see note 10)

14. The Senate amendment, but not the House bill, provides a

short title for the LEA grants subsection.

HR

693

15. The House bill and the Senate amendment are substantially different. The Senate amendment authorizes greater annual

appropriations than the House bill and extends the authorization

schedule through 2011, while the House bill provides authorization

levels through 2006.

HR/SR with amendment to strike all and insert the following:

‘‘(A) $13,500,000,000 for fiscal year 2002;

‘‘(B) $16,000,000,000 for fiscal year 2003;

‘‘(C) $18,500,000,000 for fiscal year 2004;

‘‘(D) $20,500,000,000 for fiscal year 2005;

‘‘(E) $22,750,000,000 for fiscal year 2006;

‘‘(F) $25,000,000,000 for fiscal year 2007.’’

Report Language:

The Conferees recognize that Title I grants to local educational agencies are essential to provide low-income students with the resources they need to meet challenging

State academic achievement standards. The Conferees further recognize that to implement fully the reforms incorporated in the conference agreement, the local educational

agencies will require increased Title I resources, for which

reason the Conferees have agreed to significant and annual

increases in Title I authorizations.

According to the Congressional Research Service, one

common interpretation of the ‘‘full funding’’ theory for Title

I, part A is based on the maximum payment calculations

under the Basic Grant allocation formula, which is one of

the four Title I, part A formulas. The Basic Grant formula

establishes a maximum payment based on the number of

low-income children (and other children that qualify for

services under other Title I programs) multiplied by a State

expenditure factor. The State expenditure factor for the

Basic Grant formula is the State average expenditure per

pupil in average daily attendance for public elementary and

secondary education, within the range of 80% to 120% of the

national average. The 80%–120% range means that if the

State average expenditure per pupil is less than 80% of the

national average, it is raised to 80%, and if it is above 120%,

it is reduced to 120%. Under this theory, for fiscal year 2001,

Congress provided local educational agencies with roughly

1/3 of ‘‘full funding.’’

The Conferees also note there are other theories that

might be used to determine ‘‘full funding’’ of Title I, part A,

to ensure that the maximum number of low-income, lowachieving children receive direct educational assistance.

The Conferees wish to emphasize that the conference

agreement provides for significantly increased and targeted

funding for Title I, part A, and strongly encourage Congress

to continue to significantly increase funding for Title I, part

A. Such funding, in conjunction with the significant reforms

in the conference agreement, is critical to helping schools

close the achievement gap and low-income students achieve

and succeed academically.’’

694

16. The House bill and the Senate amendment authorize the

same amount for FY 02 and such sums for the out years. The

House bill and Senate amendment refer to the same program but

have a technical difference in cross-references. Also, the Senate

amendment authorizes such sums for the 6 succeeding fiscal years

while the House bill authorizes such sums for the 4 succeeding fiscal years. The technical difference in cross-references and the difference in the number of years for which such sums are authorized

beyond FY 02 are consistent throughout the remainder of the provisions authorizing appropriations for the various Title I programs.

LC

17. The House bill and the Senate amendment are substantially the same with the differences indicated in note 16 regarding

cross-references and the number of years.

LC

18. The House bill and the Senate amendment contain different authorization levels for FY 02, but otherwise are substantially the same with the differences indicated in note 16 regarding

cross-references and the number of years.

LC

19. The House bill authorizes such sums for FY 02 and the 4

succeeding fiscal years. The Senate amendment authorizes $25 million for FY 02 and such sums for the 6 succeeding fiscal years.

HR/SR with amendment to move RIF to FIE and to

strike paragraph (4) and insert:

‘‘(4) IMPROVING LITERACY THROUGH LIBARARIES.—For the

purpose of carrying out subpart 4 of part B, there are authorized to be appropriated $250,000,000 for fiscal year 2002 and

such sums as may be necessary for each of the 5 succeeding

fiscal years.’’

20. The House bill and the Senate amendment contain different authorization levels for FY 02, but otherwise are substantially the same with the difference indicated in note 16 regarding

the number of years.

LC

21. The House bill and the Senate amendment are substantially the same with the differences indicated in note 16 regarding

cross-references and the number of years.

LC

22. The House bill and the Senate amendment contain different authorization levels for FY 02, but otherwise are substantially the same with the difference indicated in note 16 regarding

cross-references and the number of years.

LC

23. The House bill and the Senate amendment are substantially the same with the difference indicated in note 16 regarding

the number of years.

HR/SR to strike all language (Rural authorization is now

in Title VI, part B).

24. The House bill authorizes $6 million for FY 02 and such

sums for FY 03. The Senate amendment authorizes $15 million for

FY 02 and FY 03, and $5 million for FY 04.

HR/SR to move to FIE

695

25. The House bill and the Senate amendment contain different authorization levels for FY 02, but otherwise are substantially the same with the difference indicated in note 16 regarding

the number of years.

HR with amendment to strike paragraph (1) and to insert: ‘‘(1) SECTIONS 1501 AND 1502.—For the purposes of carrying

out sections 1501 and 1502, there are authorized to be appropriated such sums as may be necessary for fiscal year 2002

and each of the 5 succeeding fiscal years.’’ 26. The House bill authorizes such sums for FY 02 and the 4

succeeding fiscal years. The Senate amendment authorizes $25 million for FY 02 and such sums for the 6 succeeding fiscal years.

HR/SR to strike all language

27. The Senate amendment does not contain a similar provision.

SR with amendment to strike 1503 in both places and insert 1504.

28. The House bill does not contain a similar provision in Title

I, part A. However, see note in Title V of the House bill for the authorization level for 21st Century Community Learning Centers.

SR with amendment to include agreed upon authorization level in the 21st Century program (Title IV, part B).

29. The House bill does not contain a similar provision.

HR with amendment to strike $500,000,000 and insert

$125,000,000 and to insert as a new subsection:

(#—LC) ‘‘ADVANCED PLACEMENT.—For the purpose of carrying

out part H, there are authorized to appropriated such sums as may

be necessary for fiscal year 2002 and for each of the 5 succeeding

fiscal years.’’ 30. The Senate amendment retains the State administration

reservation of 1% of programs through a redesignation of Part F of

current law, with significant differences between the House bill

and the Senate amendment. The House bill limits State administration to 1% of the State’s allocation for FY 01, while the Senate

amendment limits it to 1% of each fiscal year’s allocation. In addition, the House bill refers to ‘‘administrative duties assigned’’,

while the Senate amendment refers to ‘‘proper and efficient performance of its duties’’. Otherwise, the Senate amendment does not

contain the House bill provisions in paragraphs (2) and (3).

SR with amendment to strike paragraphs (1) and (2) and

insert:

(1)(A) To carry out administrative duties assigned under

parts A, C, and D of this title, each State may reserve the

greater of—

(i) 1 percent of the amounts received under such parts;

or

(ii) $400,000 ($50,000 for each outlying area);

(B) If the sum of the amounts appropriated for parts A, C,

and D of this title is equal to or greater than $14,000,000,000,

the reservation described in subparagraph (A)(i) shall not exceed 1 percent of the amount the State received, or would receive, if $14,000,000,000 is allocated among the States for

parts A, C, and D of this title.

696

31. The Senate amendment does not contain a similar provision.

SR with amendment to insert as new paragraph (7) and

renumber the subsequent paragraphs accordingly:

‘‘(7) A State educational agency that receives a grant

award under this subsection shall allocate at least 95 percent

of that amount directly to local educational agencies for schools

identified for school improvement, corrective action, and restructuring for activities under section 1116(b), or may, with

the approval of the local educational agency, directly provide

for these activities or arrange for their provision through other

entities such as school support teams or educational service

agencies.’’

32. The House bill requires the State to reserve 1% of the part

A, subpart 2 amount for FY 02 and FY 03, and 3% of the part A,

subpart 2 amount for FY 04 through FY 06. The Senate amendment requires the State to reserve 3.5% of the part A, subpart 2

amount for FY 02 and FY 03, and 5% of the part A, subpart 2

amount for FY 04 through FY 08. Otherwise the House bill and

Senate amendment are similar.

SR with amendment to strike ‘‘1 percent’’ and insert ‘‘2

percent’’ and to strike ‘‘3 percent’’ and insert ‘‘4 percent’’.

33. The House bill requires the State to allocate 95% of the

funds reserved to those schools identified pursuant to section

1116(b) that have the greatest need and in sufficient amounts. The

Senate amendment requires the State to allocate 50% of the funds

reserved to those schools identified pursuant to section 1116(c). The

House bill and the Senate amendment differ technically in the

cross-references.

SR with amendment to insert ‘‘for activities’’ after ‘‘restructuring’’ and strike all after ‘‘1116(b)’’ and insert ‘‘or

may, with the approval of the local educational agency, directly provide for these activities or arrange for their provision through other entities such as school support teams or

educational service agencies.’’

34. The Senate amendment does not contain a similar provision.

SR

35. The Senate amendment does not contain a similar provision.

SR

36. The Senate amendment does not contain a similar provision.

SR with amendment to add a new subsection:

‘‘(f) REPORTING—Upon request, the State education agency

shall provide a list of those schools that have received funds or

services pursuant to subsection (b) and the poverty percentage of

such schools.’’

37. The House bill does not contain a similar provision.

HR with an amendment move language to the State plan

and appear as section 1111(c)(3), then renumber current

1111(c)(3) as (c)(4), and subsequent sections in like manner.

(Cross reference with note 113)

697

‘‘(3) the State educational agency, in consultation with the

Governor, will include, as a component of the State plan, a

plan to carry out the responsibilities of the State under sections 1116 and 1117, including carrying out the State educational agency’s statewide system of technical assistance and

support for local educational agencies.’’

38. The House bill and the Senate amendment are similar with

the following exceptions: (1) The House bill, but not the Senate

amendment, requires consultation with entities listed, while the

Senate amendment, but not the House bill, specifically refers to the

chief State school official who prepares the plan and that the Governor is consulted; and (2) The House bill requires coordination

with the acts listed, including the Homeless Act, which the Senate

amendment does not, while the Senate amendment requires coordination with the acts listed, including the Adult Education and

Family Literacy Act, which the House bill does not.

SR with an amendment to insert ‘‘Adult Education and

Family Literacy Act’’ before ‘‘and the McKinney-Vento’’.

39. The House bill and the Senate amendment are substantially similar with a technical difference in cross-references.

LC

40. The House bill and the Senate amendment are substantially similar with the exception that the House bill, but not the

Senate amendment, refers to ‘‘academic content standards’’ and

‘‘academic achievement standards’’. This difference in references to

standards is consistent throughout the remainder of Title I, part A,

of each piece of legislation.

SR

41. The House bill and the Senate amendment are similar with

technical differences.

SR

42. The House bill, but not the Senate amendment, specifically

refers to students served under this part and emphasizes that all

children are held to the same expectations. The Senate amendment, but not the House bill, includes history as a subject for

which standards are required. In addition, the House bill refers to

the date by which science standards are required, which the Senate

amendment also does, but in subparagraph (C)(ii) following of the

Senate amendment. See note 44.

SR

43. The House bill does not contain a similar provision.

SR

44. See note 42 regarding the date by which science standards

are required.

SR

45. The House bill and the Senate amendment are substantially similar in subparagraph (D) of each piece of legislation, with

the exception indicated in note 46 and the reference to standards

indicated in note 40.

LC

46. The Senate amendment does not contain a similar provision.

SR

698

47. The House bill and the Senate amendment are similar with

minor wording differences.

LC

48. The Senate amendment does not contain a similar provision.

SR with an amendment to insert the following language:

‘‘(F) Nothing in this part shall prohibit a State from

revising, consistent with this section, any standard adopted under this part before or after the date of enactment of

the No Child Left Behind Act of 2001.’’

49. The House bill and the Senate amendment are substantially the same with the following exceptions: (1) The Senate

amendment, but not the House bill, refers to a single statewide system; (2) The Senate amendment, but not the House bill, references

two subparagraphs regarding adequate yearly progress; and (3)

The House bill, but not the Senate amendment, refers to all ‘‘public’’ elementary and secondary schools.

HR with an amendment to insert ‘‘public’’ before ‘‘elementary and secondary schools’’.

(LC for all other occurrences).

50. The House bill and the Senate amendment are similar with

the following exceptions: (1) See note 40 regarding references to

standards; (2) The House bill, but not the Senate amendment, adds

the word ‘‘academic’’ before ‘‘assessments’’, which is consistent

throughout the remainder of Title I, part A, of each piece of legislation; (3) There is a technical difference in cross-references; and (4)

The House bill, but not the Senate amendment, refers to all ‘‘public’’ school students.

SR with an amendment to insert ‘‘and other academic

indicators consistent with subparagraph (D)’’ before ‘‘and

take into account’’.

51. The House bill and the Senate amendment are substantially the same with the following exceptions: (1) A technical difference in cross-references; and (2) The House bill, but not the Senate amendment, refers to ‘‘public’’ schools.

SR

52. The House bill does not contain a similar provision.

SR

53. The House bill and the Senate amendment are similar with

the following exceptions: (1) The Senate amendment, but not the

House bill, refers to ‘‘bonuses or recognition’’; (2) The House bill,

but not the Senate amendment, refers to ‘‘public’’ schools; and (3)

The Senate amendment, but not the House bill, holds LEAs and

schools accountable for student achievement and performance.

SR with an amendment to strike ‘‘rewards and sanctions’’ and insert ‘‘sanctions and rewards, such as bonuses

or recognition,’’.

54. The Senate amendment does not contain a similar provision. However, the Senate amendment defines adequate yearly

progress in subparagraphs (B) through (H) following of the Senate

amendment.

SR

699

55. The House bill and the Senate amendment are similar with

the exception that the Senate amendment references a subparagraph the House bill does not.

SR

56. The House bill and the Senate amendment are similar with

the exception indicated in note 50 regarding public school students.

SR with amendment to strike ‘‘performance’’ and insert ‘‘achievement’’ 57. The House bill does not contain a similar provision.

HR

58. The House bill does not contain a similar provision.

HR

59. The House bill and the Senate amendment are similar with

the exceptions indicated in notes 50 regarding assessments and 51

regarding public schools.

SR

60. The Senate amendment does not contain a similar provision. However, see the Senate amendment provision in subparagraph (B)(vii) regarding the similar issue of high school completion.

See note 65.

HR

61. The House bill and the Senate amendment are similar with

the exceptions that the House bill provides an exception to the required disaggregation of data which the Senate amendment also

does in clause (v)(II) (see note 63), and the House bill refers to ‘‘numerical objectives’’, while the Senate amendment refers to ‘‘measurable objectives’’. SR with amendment to strike ‘‘annual numerical’’ and

insert ‘‘measurable’’ 62. See note 50 regarding public school students.

SR

63. The Senate amendment contains two more groups than the

House bill: ‘‘migrant students’’ and ‘‘students by gender’’. However,

see note 72 regarding the Senate amendment provision in subparagraph (D)(i)(II). In addition, the House bill, but not the Senate

amendment, refers to ‘‘major’’ racial and ethnic groups. Also, see

note 61 regarding the exception to the disaggregation of data.

SR

64. The Senate amendment does not contain a similar provision.

HR

65. The Senate does not contain a similar provision. However,

see the Senate amendment provision in subparagraph (B)(vii) regarding high school completion and the exception regarding the inclusion of such factors not affecting school identification for school

improvement or corrective action (under section 1116 of each piece

of legislation). In addition, the House allows for these additional indicators to be discretionary, while the Senate amendment requires

high school completion / graduation and one other factor as mandatory.

SR with amendment to strike clause (v) and insert:

‘‘(v) at the State’s discretion, may also include

other academic indicators such as achievement on additional State or local academic assessments, deVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00703 Fmt 6601 Sfmt 6601 E:\HR\OC\A334HR.295 pfrm07 PsN: A334HR
700

creases in grade-to-grade retention rates, attendance

rates, and changes in the percentages of students from

the subgroups described in [(C)(v)(ii)] completing gifted and talented, advanced placement, and college preparatory courses, except the use of such indicators

may not be used to reduce the number or change

which schools would otherwise be subject to school improvement, corrective action, or restructuring under

section 1116 if such additional indicators were not

used, but may be used to identify additional schools

for school improvement or in need of corrective action

or restructuring.’’ And with amendment to add a special rule that these indicators and those referenced at note 67 shall be consistent

with nationally recognized professional standards.

66. Both the House bill and the Senate amendment require the

State to establish a timeline by which the groups of students identified by each piece of legislation (see note 63) shall meet or exceed

the State’s proficient level on the State assessments used under

this section and section 1116 of each piece of legislation. However,

there are several major differences: (1) The House bill, but not the

Senate amendment, establishes a baseline year by which to establish the timeline, which is the first year after enactment; (2) The

House bill, but not the Senate amendment, requires a target year

to get all groups of students to proficiency that is not to exceed 12

years after the baseline year is established; (3) The Senate amendment, but not the House bill, requires all groups of students to obtain proficiency in 10 years or less after enactment; and (4) See

note 50 regarding academic assessments.

SR

67. See notes 60 and 65.

HR with amendment to strike ‘‘school completion or’’ and to strike ‘‘except that . . . included’’ and replace with: ‘‘ except the use of such indicators may not be used to reduce the number or change which schools would otherwise

be subject to school improvement, corrective action, or restructuring under section 1116 if such additional indicators

were not used, but may be used to identify additional

schools for school improvement or in need of corrective action or restructuring.’’

Report Language:

The Conferees intend that adequate yearly progress

shall not be met or exceeded based solely on increased dropouts.

68. The Senate amendment does not contain a similar provision.

HR with amendment to insert that a State must establish a statutory minimum starting point based on each

State’s lowest achieving subgroup or the bottom quintile of

the total student population in the State, whichever is higher, and that States must raise the ‘‘bar’’ at least once every

three years in equal increments to reach 100% proficiency

in 12 years, except the bar may remain the same for the first

2 years.

701

69. The House bill does not contain a similar provision.

SR with amendment to insert a significant progress exemption where the subgroup not meeting adequate yearly

progress make a 10% reduction in the percentage of students in that subgroup who are not proficient and progress

on one other academic indicator would allow a school to

avoid being identified / to have met AYP.

70. The House bill and the Senate amendment are similar with

minor wording differences and the following exceptions: (1) See

note 63 regarding the differences in groups of students between

each piece of legislation; (2) Technical differences in cross-references regarding accommodations for students with disabilities;

and (3) The Senate amendment, but not the House bill, contains an

exception that this provision shall not abrogate the requirement to

assess all students.

SR with amendment to insert: ‘‘with paragraph

[(4)(H)(ii) {House reference}/(3(I)(ii) {Senate reference}] and

with accommodations, guidelines, and alternate assessments

provided in the same manner as they are provided under’’ after ‘‘consistent’’ and to strike ‘‘with’’ before ‘‘section

612(a)(17)(A)’’ and to insert at the end after ‘‘based’’ the following: ‘‘(except that the 95 percent requirement described

in this subparagraph shall not be required in a case in

which the number of students in a category is insufficient

to yield statistically reliable information or the results

would reveal individually identifiable information about an

individual student).’’ 71. The House bill does not contain a similar provision.

SR

72. The Senate amendment reduces the groups of students (see

note 63) that must make at least 1% gain in the percentage of students meeting the proficient level of performance. Consequently,

the composition of the required groups that must be making

progress to proficiency under the House bill and the Senate amendment are the same.

SR

73. The House bill does not contain a similar provision.

HR with amendment to add a new clause:

(#—LC) ‘‘the State, in establishing the uniform procedure for

averaging data with the previous 1 or 2 school years preceding the

school year for which the determination of meeting or exceeding

adequate yearly progress is made, consistent with clause [(ii)], may

use the academic assessments described in paragraph [(2)—conform with grade span assessment reference] that were required

prior to the date of enactment of this Act until such time as the

additional assessments described in paragraph [(2)—conform with

3–8 assessment reference] and required under this Act are being

administered in such manner and time as to allow for the uniform

procedure for averaging data described in clause [(ii)].’’

74. The House bill and the Senate amendment are substantially similar with the exception that the Senate amendment, but

not the House bill, lists specific groups the State must seek comment from. In addition, there are some minor wording differences.

HR

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75. The House bill and the Senate amendment are substantially similar with the exceptions indicated in notes 40 and 50 regarding references to standards and assessments, and with the exception indicated in note 76.

LC

76. The House bill and the Senate amendment are similar with

the exception that the House bill, but not the Senate amendment,

references regulations published by the Secretary relating to the

standards and assessments required under Title I, part A.

SR

77. The House bill does not contain a similar provision.

HR with an amendment to strike subparagraph (H) and

insert the following as a new subparagraph (H): ‘‘(H) The accountability provisions under this Act shall

be overseen for charter schools in accordance with State

charter school law.’’ Report Language:

‘‘Charter schools are public schools and therefore subject to the same accountability requirements of this Act as

they apply to other public schools, including Sections 1111

and 1116, as developed in each state. However, there is no

intent to replace or duplicate the role of authorized chartering agencies, as established under each state’s charter

school law, in overseeing the Act’s accountability requirements for the charter schools that they authorize. Authorized chartering agencies should be held accountable for carrying out their oversight responsibilities as determined by

each state through its charter school law and other applicable state laws. This should be done in ways that do not inhibit or discourage the approval or oversight of innovative,

high quality charter schools.’’ 78. The House bill and the Senate amendment are similar with

following exceptions: (1) The House bill, but not the Senate amendment, refers to the State implementing a set of assessments; (2)

The Senate amendment, but not the House bill, refers to consultation with LEAs in the assessment plan; (3) The Senate amendment, but not the House bill, requires science assessments, but provides an exception that such assessments shall not be required

until the 2007–2008 school year; (4) The House bill, but not the

Senate amendment, refers to the yearly performance progress of

the State; (5) The House bill, but not the Senate amendment, refers

to ‘‘challenging’’ standards; and (6) See notes 40 and 50 regarding

references to standards and assessments.

SR with an amendment to:

Insert ‘‘in consultation with local educational agencies,’’

after ‘‘that the State’’, insert ‘‘and science’’ after ‘‘language

arts’’, insert after ‘‘achievement standards’’ and before the

period the following: ‘‘except that no State shall be required

to meet the requirements of this part relating to science assessments until the beginning of the 2007–2008 school year’’.

Insert before ‘‘Such assessments shall—’’ the following

language:

‘‘Each State may incorporate the data from these assessments into a state-developed longitudinal data system that

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links student test scores, length of enrollment, and graduation records over time.’’ LC regarding references to standards and assessments.

Report Language:

‘‘The Conferees are aware of, and encouraged by, initiatives undertaken in some States to enable parents and others to compare the progress of students, classrooms and

schools on a longitudinal basis. The Conferees wish to make

clear that States may incorporate the data from the assessments required under this subsection into a state-developed

longitudinal data system that links students’ test scores,

length of enrollment, and graduation records over time.

Such systems may enable policymakers, educators, and parents to better evaluate the success of schools by reporting

on the achievement of students enrolled in the same school

for at least three years.’’ ‘‘The Conferees recognize that a quality science education should prepare students to distinguish the data and

testable theories of science from religious or philosophical

claims that are made in the name of science. Where topics

are taught that may generate controversy (such as biological evolution), the curriculum should help students to understand the full range of scientific views that exist, why

such topics may generate controversy, and how scientific

discoveries can profoundly affect society.’’ 79. The House bill and the Senate amendment are the same

with the exception indicated in note 40 regarding references to

standards.

LC

80. The House bill and the Senate amendment are similar with

the following exception: The Senate amendment, but not the House

bill, refers to ‘‘nationally’’ recognized standards of testing that are

developed and used by ‘‘national experts on educational testing’’. HR with an amendment to strike ‘‘developed and . . . on

educational testing;’’

81. The Senate amendment does not contain a similar provision.

HR

82. The House bill does not contain a similar provision.

HR with an amendment to insert after ‘‘Act,’’ the words

‘‘and are consistent with the requirements of this section,’’.

83. The House bill requires assessments in at least mathematics and reading or language arts at least once in the grade

spans listed. The Senate amendment requires assessments to commence not later than the 01–02 school year for students served

under Title I, part A in mathematics and reading or language arts

at least once in the grade spans listed.

SR with an amendment:

‘‘(E)(i) except as otherwise provided for grades 3

through 8 under subparagraph [(G)], measure the proficiency of students in, at a minimum, mathematics and

reading or language arts, and be administered not less

than once during—

‘‘(I) grades 3 through 5;

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‘‘(II) grades 6 through 9; and

‘‘(III) grades 10 through 12;’’

84. The Senate amendment, but not the House bill, requires

assessments to commence not later than the 02–03 school year for

all students in mathematics and reading or language arts at least

once in the grade spans listed.

SR with an amendment:

(ii) beginning not later than school year 2007–

2008, measure the proficiency of all students in

science and be administered not less than once

during—

(I) grades 3 through 5;

(II) grades 6 through 9; and

(III) grades 10 through 12;

85. The House bill does not contain a similar provision.

SR (See note 78)

86. The House bill refers to student ‘‘achievement’’, while the

Senate amendment refers to student ‘‘performance’’. In addition,

the House bill refers to ‘‘critical thinking skills’’, while the Senate

amendment refers to ‘‘higher order thinking skills.’’

HR with an amendment to strike ‘‘performance’’ and insert ‘‘academic achievement’’.

87. The House bill requires assessments in the 04–05 school

year in each of the grades 3 through 8 in at least mathematics and

reading or language arts. The Senate amendment requires assessments in the 05–06 school year annually in grades 3 through 8 and

at least once in the grade span of 10–12, in at least mathematics

and reading or language arts, if the tests are aligned with State

standards. (The House bill contains a similar requirement for an

assessment at least once in the grade span of 10–12 in at least

mathematics and reading or language arts in paragraph (4)(E).)

See notes 40 and 50 regarding references to standards and assessments. In addition, the House bill and the Senate amendment

allow for a delay in assessment implementation with the following

exceptions: (1) The House bill provides for a one-year delay after

the 04–05 school year if the assessment will be implemented after

that one-year delay, while the Senate amendment provides for the

assessments to be delayed from the 05–06 school year to the 06–

07 school year if the assessments will be implemented in the 06–

07 school year.; and (2) The House bill refers to the financial resources of the State, while the Senate amendment refers to the financial resources of the LEA or school.

SR with an amendment to strike ‘‘2004–2005’’ and replace with ‘‘2005–2006’’.

88. The House bill does not contain a similar provision.

HR with amendment to strike clause (i) and insert as a

new clause (i):

‘‘(i) a State may defer commencement, or suspend the administration, but not cease the development, of the assessments described in this

paragraph, that were not required prior to the

date of enactment of this Act, for 1 year, for each

year for which the amount appropriated for

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grants under section [6205(a)(3) {Senate} /

7104(a)(3) {House}] is less than—’’

(Retain subclauses (I), (II), (III))

And to strike ‘‘fiscal year 2005’’ in subclause (IV) and insert ‘‘fiscal years 2005 through 2007’’ and strike subclauses

(VI) and (VII).

89. The House bill does not contain a similar provision.

HR

90. The House bill and the Senate amendment are similar with

minor wording differences and the exception indicated in note 91.

HR/SR with an amendment to strike clause (iii) and insert as a new clause (iii): ‘‘(iii) the inclusion of limited English proficient

students, who shall be assessed in a valid and reliable

manner and provided reasonable accommodations on

assessments administered to such students under this

paragraph, including, to the extent practicable, assessments in the language and form most likely to yield

accurate data on what such students know and can do

in academic content areas, until such students have

achieved English language proficiency as determined

under paragraph (7).

91. The House bill and the Senate amendment are similar with

the following exceptions: (1) The House bill allows LEAs to determine if students should be assessed in the appropriate language (as

opposed to English) and then assess such students in the appropriate language for one additional year; (2) The Senate amendment

allows LEAs to demonstrate to the SEA if students should be assessed in the appropriate language (as opposed to English) and the

SEA to permit such students to be assessed in the appropriate language for one or more additional years contingent upon the exception described.

HR/SR with an amendment to strike clause (iv) and insert as a new clause (iv):

‘‘(iv) notwithstanding clause (iii), the academic assessment (using tests written in English) of reading or

language arts of any student who has attended school

in the United States (not including Puerto Rico) for 3

or more consecutive school years, except if the local

educational agency determines, on a case-by-case individual basis, that academic assessments in another

language or form would likely yield more accurate and

reliable information on what such students know and

can do, the local educational agency may make a determination to assess such students in the appropriate

language other than English for a period that does not

exceed 2 additional consecutive years, provided that

such student has not yet reached a level of English

language proficiency sufficient to yield valid and reliable information on what such student knows and can

do on tests (written in English) of reading or language

arts.’’

92. The House bill and the Senate amendment are the same.

LC

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93. The House bill and the Senate amendment are similar with

the following exceptions: (1) The Senate amendment, but not the

House bill, refers to ‘‘interpretive and descriptive reports’’; (2) The

Senate amendment, but not the House bill, refers to the parents of

all students; (3) The House bill refers to assessment scores, while

the Senate amendment refers to assessment ‘‘performance’’; and (4)

The Senate amendment, but not the House bill, includes a list of

other measures that can be included on the reports.

HR with an amendment to strike subparagraph (L) and

insert: ‘‘(L) produce individual student interpretive, descriptive, and diagnostic reports, consistent with

1111[(b)(3)(C)—(nationally recognized professional standards reference)], which allow parents, teachers, and principals to understand and address the specific academic

needs of students, and include information regarding

achievement on academic assessments aligned with State

academic achievement standards, that are provided to parents, teachers, and principals, as soon as is practicably

possible after the assessment is given, in an understandable and uniform format, and to the extent practicable, in

a language that parents can understand;’’ 94. The House bill and the Senate amendment are substantially similar with the exception that the Senate amendment, but

not the House bill, provides for an exception to the disaggregation.

HR with an amendment to insert ‘‘major’’ before ‘‘racial

and ethnic group,’’. 95. The Senate amendment does not contain a similar provision.

SR with amendment to strike (L) and insert as a new

subparagraph (L): ‘‘(N) be consistent with widely accepted professional

testing standards, objectively measure academic achievement, knowledge and skills, and be tests that do not evaluate or assess personal or family beliefs and attitudes, or

publicly disclose personally identifiable information;’’

Report language:

The Conferees wish to clarify that this provision does

not prohibit the use of essay, extended response, or short

answer test items, nor does it prohibit the use of test items

which require a student to analyze a passage of text or to

express opinions, provided that such test items are developed consistent with widely accepted professional testing

standards.

96. The House bill does not contain a similar provision.

HR with amendment to strike subparagraph (N) and insert:

‘‘(N) enable itemized score analysis to be produced and

reported, consistent with 1111[(b)(3)(C)—(nationally recognized professional standards reference)], to local educational agencies and schools, so that parents, teachers,

principals and administrators can interpret and address

the specific academic needs of students as indicated by the

students’ achievement on assessment items.’’

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Report Language: ‘‘In providing for itemized score analysis, the Conferees intend for data to be presented in a format which

parents, teachers and schools can understand. Providing

parents, teachers and schools with clear and technologyviable access to both scores and scoring procedures is one

of the best strategies to ensure that mistakes that do occur

are both identified and corrected in an expedient manner.

In developing their State academic assessment systems,

States should also consider and address the issue of sufficient assessment transparency and accessibility in order to

protect the ability of students, parents, teachers and school

administrators to gain access to test results and testing

methodologies.’’ 97. The House bill and the Senate amendment are similar in

that they do not allow additional assessment measures to take the

place of those assessments required in paragraph (4) of the House

bill or paragraph (3) of the Senate amendment. The House bill, but

not the Senate amendment, further stipulates that such additional

assessment measures shall not change the identification of schools

pursuant to section 1116. See note 67.

SR with amendment to strike ‘‘Results on . . . not included’’ and insert: ‘‘The use of such additional assessment

measures may not be used to reduce the number or change

which schools would otherwise be subject to school improvement, corrective action, or restructuring under section

1116 if such additional indicators were not used, but may be

used to identify additional schools for school improvement

or in need of corrective action or restructuring.’’ 98. The House bill does not contain a similar provision.

SR

99. The House bill and the Senate amendment are substantially the same with the exception indicated in note 50 regarding

references to assessments.

LC

100. The Senate amendment, but not the House bill, refers to

the development of English proficiency as appropriate to the factors

listed. The Senate amendment, but not the House bill, refers to

students served under this part or Title III of the Senate amendment with the stated exception. The House bill, but not the Senate

amendment, refers to all LEP students in the State’s schools.

SR with amendment to strike paragraph (7) and replace

with:

‘‘(7) ACADEMIC ASSESSMENTS OF ENGLISH LANGUAGE PROFICIENCY.—Each State plan shall demonstrate that local educational agencies in the State will, beginning no later than

school year 2002–2003, provide for an annual assessment of

English proficiency (measuring students’ oral language, reading, and writing skills in English) for all students with limited

English proficiency in their schools, except that the Secretary

may provide the State 1 additional year if the State demonstrates that exceptional or uncontrollable circumstances,

such as a natural disaster or a precipitous and unforeseen decline in the financial resources of the State, prevented full imVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00711 Fmt 6601 Sfmt 6601 E:\HR\OC\A334HR.299 pfrm07 PsN: A334HR
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plementation of this paragraph by that deadline and that it

will complete implementation within the additional 1-year period.’’ Report language:

‘‘This Act requires each State to provide for annual

English language proficiency assessments (covering speaking, listening, reading and writing skills) by the beginning

of the 2002–2003 school year. The Conferees believe that additional scientifically-based research efforts must be made

to develop better assessments to measure the progress of

limited English proficient children in developing their

English language proficiency, including speaking, listening,

reading and writing skills. The Conferees encourage the

Secretary to provide technical assistance to States, if requested, on the development and implementation of such assessments.’’ 101. The House bill and the Senate amendment are the same

with technical differences in cross-references.

LC

102. The Senate amendment does not contain a similar provision.

SR

103. The House bill does not contain a similar provision.

HR

104. The House bill does not contain a similar provision.

HR with an amendment to strike ‘‘how the . . . will develop or identify’’ and insert ‘‘an assurance that the SEA

will assist LEAs in developing or identifying’’. 105. The House bill and the Senate amendment are substantially the same with the exception indicated in note 40 regarding

references to standards.

LC

106. The House bill does not contain a similar provision.

SR

107. The House bill does not contain a similar provision.

HR with amendment:

‘‘(8) FACTORS IMPACTING STUDENT ACHIEVEMENT.—Each

State plan shall include an assurance that the State will coordinate and collaborate, to the extent feasible and necessary

as determined by the State, with agencies providing services to

children, youth, and families, with respect to local educational

agencies within the State that are identified for improvement

under section 1116 and that request assistance with addressing major factors that have significantly impacted student

achievement at the local educational agency or at schools in

such agency.’’ 108. The Senate amendment does not contain a similar provision. However, see the Senate amendment provision in subsection

(f) of section 1111 regarding the provision of information.

SR with amendment to strike ‘‘the end’’ and insert ‘‘before the beginning’’ and insert ‘‘next’’ before ‘‘school year’’

and to strike ‘‘(consistent with 1116’’.

109. The Senate amendment does not contain a similar provision.

709

SR

110. The Senate amendment does not contain a similar provision. However, see the Senate amendment provision in subsection

(l) of section 1111. See note 172.

HR

111. The House bill and the Senate amendment are similar

with the exception that the House bill refers to 2003—04 school

year, while the Senate amendment refers to the 2002—03 school

year, and with technical differences in cross-references.

HR with amendment

‘‘(c) OTHER PROVISIONS TO SUPPORT TEACHING AND LEARNING.—Each State plan shall contain assurances that—

‘‘(1) the State will meet the requirements of subsection

(j)(1) and, beginning with the 2002–2003 school year, will

produce the annual State report cards described in such subsection, except that the Secretary may provide the State 1 additional year if the State demonstrates that exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforeseen decline in the financial resources of

the State, prevented full implementation of this paragraph by

that deadline and that it will complete implementation within

the additional 1-year period.’’

112. The House bill refers to ‘‘academic’’ assessments, while

the Senate amendment refers to ‘‘State’’ assessments. The Senate

amendment, but not the House bill, refers to the Secretary paying

the costs of administration of these assessments and provides for

an exception for states with fewer than .25% of the total number

of poor, school-aged children in the U.S. The House bill, but not the

Senate amendment, provides for an alternative assessment to

NAEP.

HR with amendment to strike ‘‘annual’’ and insert ‘‘biennial’’ before ‘‘State assessments of 4th and 8th’’ and to insert

‘‘academic’’ after ‘‘State’’ and before ‘‘assessments’’ and to

strike ‘‘except that . . . basis.’’

113. The House bill and the Senate amendment are substantially the same with the exception that the Senate amendment, but

not the House bill, refers to parental involvement under section

1118. In addition, there is a technical difference in cross-references

regarding section 1119.

HR

114. The House bill and the Senate amendment are the same

with minor wording differences.

LC

115. The House bill and the Senate amendment are the same

with minor wording differences.

LC

116. The House bill and the Senate amendment are the same

with the exceptions indicated in notes 40 and 50 regarding references to standards and assessments.

LC

117. The House bill and the Senate amendment are the same

with minor wording differences.

LC

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118. The House bill and the Senate amendment are the same

with minor wording differences.

LC

119. The House bill and the Senate amendment are the same.

LC

120. The House bill and the Senate amendment are the same

with a minor wording difference.

LC

121. The House bill and the Senate amendment are the same

with a technical difference in cross-references.

LC

122. The House bill and the Senate amendment are substantially similar with the following exceptions: (1) The House bill, but

not the Senate amendment, refers to transfer authority under Title

VII of the House bill; and (2) There is a technical differences in

cross-references regarding waivers.

SR

LC—check cites for included programs.

123. The House bill does not contain a similar provision.

HR

124. The Senate amendment does not contain a similar provision.

SR

125. The House bill does not contain a similar provision.

The House bill and the Senate amendment are substantially

the same through subparagraph (B) of the Senate amendment following. See the next note.

HR with an amendment to insert in (d)(1) ‘‘meeting the

highest professional and technical standards’’ after ‘‘current

research’’.

126. The House bill does not contain a similar provision.

HR with an amendment to insert ‘‘the needs of low-performing schools’’ after ‘‘accountability,’’

127. The House bill and the Senate amendment are the same

in the following provisions with the exception indicated in note 128

and those indicated in notes 40 and 50 regarding references to

standards and assessments.

LC

128. The House bill does not contain a similar provision.

HR

129. The House bill does not contain a similar provision. However, see the House bill provision in subsection (b)(9) of section

1111 regarding the provision of information (note 108).

The House bill and the Senate amendment are the same

through paragraph (1). See the next note.

SR

130. The Senate amendment does not contain a similar provision.

HR

131. The House bill and the Senate amendment are substantially the same with the exceptions indicated in notes 40 and 50

regarding references to standards and assessments.

LC

711

132. The House bill and the Senate amendment are similar

with the exceptions that the House bill refers to a prohibition of

Federal control, while the Senate amendment says that nothing in

this part shall be construed to authorize Federal control, and with

the differences indicated in notes 40 and 50 regarding references

to standards and assessments and other minor wording differences.

HR with amendment (use same language agreed upon

for Title IX).

133. The House bill refers to those deadlines established by

IASA of 1994 or those established under any waivers or compliance

agreements with Secretary. The Senate amendment refers to ‘‘statutory deadlines.’’ The Senate amendment, but not the House bill,

refers to standards aligned with assessments. The House bill, but

not the Senate amendment, requires the Secretary to withhold 25%

of the funds available to the State for administration and activities

each year. The Senate amendment, but not the House bill, requires

the Secretary to withhold an undefined amount of funds for State

administration and activities under section 1117 and take such

needed steps to assist State to reach compliance.

SR with an amendment to insert ‘‘under this part’’ after

‘‘administration and activities’’.

134. The Senate amendment does not contain a similar provision.

SR with amendment to insert ‘‘,90 days after enactment

of this Act,’’ after ‘‘The Secretary shall not’’.

135. The Senate amendment does not contain a similar provision. However, the Senate amendment does refer generally to ‘‘statutory deadlines’’ in subsection (i) previously. See note 133.

SR with an amendment to insert ‘‘under this part’’ after

‘‘administration’’.

136. The House bill and the Senate amendment are similar

through subparagraph (D) of each piece of legislation with the exception that the House bill requires the reports not later than the

start of the 03–04 school year, while the Senate amendment requires the reports not later than the start of the 02–03 school year.

HR with an amendment to insert the following:

‘‘(j) REPORTS.—

‘‘(1) ANNUAL STATE REPORT CARD.—

‘‘(A) IN GENERAL.—Not later than the beginning of the

2002–2003 school year, unless the State has received a

one-year waiver pursuant to subsection (c)(1), a State that

receives assistance under this Act shall prepare and disseminate an annual State report card.

‘‘(B) IMPLEMENTATION.—The State report card shall

be—

‘‘(i) concise; and

‘‘(ii) presented in an understandable and uniform

format and, to the extent practicable, provided in a

language that the parents can understand.’’

137. The House bill and the Senate amendment are similar

with the following exceptions: (1) The House bill and the Senate

amendment have different cross-references; and (2) The House bill,

but not the Senate amendment contains an exception to the reVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00715 Fmt 6601 Sfmt 6601 E:\HR\OC\A334HR.301 pfrm07 PsN: A334HR
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quired disaggregation; however, the Senate amendment contains a

similar exception in paragraph (2)(D). See note 156.

HR/SR with an amendment to insert as new (D) and (E):

(Notes 137–150)

‘‘(D) REQUIRED INFORMATION.—The State shall include

in its annual State report card— ‘‘(i) information, in the aggregate, on student

achievement at each proficiency level on the State academic assessments described in subsection (b)(4)

(disaggregated by race, ethnicity, gender, disability

status, migrant status, English proficiency, and status

as economically disadvantaged, except that such

disaggregation shall not be required in a case in which

the number of students in a category is insufficient to

yield statistically reliable information or the results

would reveal individually identifiable information

about an individual student); ‘‘(ii) information that provides a comparison between the actual achievement levels of each group of

students described in subclauses (I) and (II) of subsection (b)(2)(C) to the State’s annual numerical objectives for each such group of students on each of the assessments required under this part; ‘‘(iii) the percentage of students not tested

(disaggregated by the same categories and subject to

the same exception described in clause (i)); ‘‘(iv) the most recent 2-year trend in student performance in each subject area, and for each grade

level, for which assessments under section 1111 are

required; ‘‘(v) aggregate information on any other indicators

used by the State to determine the adequate yearly

progress of students in achieving State academic

achievement standards;

‘‘(vi) graduation rates for secondary school students, consistent with 1111[(b)(2)(B)(vii)];

‘‘(vii) information on the performance of local educational agencies in the State regarding making adequate yearly progress, including the number and

names of each school identified for school improvement, including schools identified under section 1116;

‘‘(viii) the professional qualifications of teachers in

the aggregate, the percentage of teachers teaching

with emergency or provisional credentials, and the

percentage of classes not taught by highly qualified

teachers (disaggregated by high poverty and low poverty schools which for purposes of this clause means

schools in the top quartile of poverty and the bottom

quartile of poverty) in the State;

‘‘(E) PERMISSIVE INFORMATION.—The State may include in its annual State report card such other information as the State believes will best provide parents, students, and other members of the public with information

regarding the progress of each of the State’s public elemenVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00716 Fmt 6601 Sfmt 6601 E:\HR\OC\A334HR.301 pfrm07 PsN: A334HR
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tary schools and secondary schools. Such information may

include information regarding—

‘‘(i) school attendance rates;

‘‘(ii) average class size in each grade;

‘‘(iii) academic achievement and gains in English

proficiency of limited English proficient students;

‘‘(iv) the incidence of school violence, drug abuse,

alcohol abuse, student suspensions, and student expulsions;

‘‘(v) the extent and type of parental involvement

in the schools;

‘‘(vi) the percentage of students completing advanced placement courses, and the rate of passing of

advanced placement tests;

‘‘(vii) a clear and concise description of the State’s

accountability system, including: a description of the

criteria by which the State evaluates school performance, and the criteria that the State has established,

consistent with (b)(2)(B), to determine the status of

schools regarding school improvement, corrective action, and reconstitution; and

Report Language:

The Conferees intend that reporting of graduation rates

described in clause (vi) shall be determined by reporting the

percentage of students who graduate from high school with

a regular diploma (not an alternative degree that may not

be fully aligned with State academic standards, such as a

certificate or GED), on time (within four years of starting

the ninth grade for high schools that begin with the ninth

grade or within the standard number of years for high

schools that begin with another grade). The approach used

to calculate graduation rates must also avoid counting dropouts as transfers. States that have or could have a more accurate longitudinal system that follows individual student

progress through high school may use that system if approved by the Secretary as part of the State’s Title I plan.

The Conferees intend that in addition to reporting graduation rates for secondary schools that for those districts

that define secondary school as including grades 6, 7 or 8,

data should be reported on student progress from that entry

grade level through twelfth grade with particular attention

placed on the transition point between eighth and ninth

grade.

138. The Senate amendment does not contain a similar provision.

HR/SR with an amendment; (See note 137).

139. The House bill and the Senate amendment are the same

with the exception to disaggregation indicated in note 137.

HR/SR with an amendment; (See note 137).

140. The House bill does not contain a similar provision.

HR/SR with an amendment; (See note 137).

141. The House bill does not contain a similar provision.

HR/SR with an amendment; (See note 137).

714

142. The House bill and the Senate amendment require 4-year

graduation rates, although the House bill requires the percentage

of students who graduate, while the Senate amendment requires

the average graduation rates. In addition, the Senate amendment,

but not the House bill, requires the average 4-year school dropout

rates disaggregated by the categories listed with an exception to

the required disaggregation. See also note 147.

HR/SR with an amendment; (See note 137).

143. The House bill does not contain a similar provision. However, see also the House bill provision in section 1116(b)(6).

HR/SR with an amendment; (See note 137).

144. The Senate amendment does not contain a similar provision.

HR/SR with an amendment; (See note 137).

145. The House bill does not contain a similar provision.

HR/SR with an amendment; (See note 137).

146. The House bill, but not the Senate amendment, requires

the State aggregate of the qualifications of teachers. The House bill

and the Senate amendment both require the percentage of teachers

teaching with emergency or provisional qualifications, although the

Senate amendment requires this information to be disaggregated

by poverty. The Senate amendment refers to classes not taught by

‘‘highly’’ qualified teachers, while the House bill refers to classes

not taught by ‘‘fully’’ qualified teachers.

HR/SR with an amendment; (See note 137).

147. The House bill and the Senate amendment allow for additional information. However, the House bill lists other possible categories of information, while the Senate amendment lists them in

clauses (i) through (x) following in the Senate amendment. Also,

the House bill allows dropout rates as an optional category, while

the Senate amendment requires dropout rates in subparagraph

(D)(v). See note 142.

HR/SR with an amendment; (See note 137).

148. The Senate amendment provisions in clauses (i) and (ii)

are similar to those listed in the House bill in clause (vii).

HR/SR with an amendment; (See note 137).

149. The House bill does not contain the provisions listed in

clauses (iii) through (x) of the Senate amendment following.

HR/SR with an amendment; (See note 137).

150. The House bill, but not the Senate amendment, contains

a provision requiring the State to annually report a description of

its accountability system.

HR/SR with an amendment; (See note 137).

151. The House bill does not contain a similar provision. However, see note 133 of the House bill’s Title VIII, General Provisions.

SR

152. The House bill does not contain a similar provision.

HR with an amendment to insert the following:

‘‘(2) ANNUAL LOCAL EDUCATIONAL AGENCY REPORT CARDS.— ‘‘(A)(i) IN GENERAL.—Not later than the beginning of

the 2002–2003 school year, a local educational agency that

receives assistance under this Act shall prepare and disseminate an annual local educational agency report card,

except that the State may provide the local educational

715

agency 1 additional year if the local educational agency

demonstrates that exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous

and unforeseen decline in the financial resources of the

local educational agency, prevented full implementation of

this paragraph by that deadline and that it will complete

implementation within the additional 1–year period.’’ ‘‘(ii) SPECIAL RULE.—If a State has received a waiver

under subsection (c)(1), then a local education agency within that State shall not be required to include the information required under paragraph (1)(D) in such report card

during the one year waiver period.’’ 153. The House bill and the Senate amendment are substantially similar through subparagraph (B) of the House bill and subparagraph (C) of the Senate amendment with minor wording differences, the exception indicated in note 50 regarding references to

assessments, and the exceptions indicated in notes 154 and 155.

LC

154. The House bill refers to ‘‘its schools students’’, while the

Senate amendment refers to ‘‘students served by the local educational agency’’. LC

155. The House bill refers to ‘‘its students’’, while the Senate

amendment refers to ‘‘the school’s students’’. SR with an amendment to insert ‘‘and other adequate

yearly progress indicators’’ after ‘‘academic assessments’’. 156. The House bill does not contain a similar provision, however, see note 137.

HR

157. The House bill and the Senate amendment are similar

with the following exceptions: (1) The House bill requires the LEA

report card to be publicly disseminated not later than the start of

the 03–04 school year, while the Senate amendment requires the

LEA report card to be publicly disseminated not later than the

start of the 02–03 school year; and (2) The Senate amendment, but

not the House bill, provides for an exception for LEAs already

issuing a report card for all students.

HR with an amendment to insert as new (E):

‘‘(E) PUBLIC DISSEMINATION.—The local educational

agency shall, not later than the beginning of the 2002– 2003 school year, unless the local educational agency has

received a one year waiver pursuant to section 1111(c)(2),

publicly disseminate the information described in this

paragraph to all schools in the school district and to all

parents of students attending those schools in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand, and make the information broadly available

through public means, such as posting on the Internet, distribution to the media, and distribution through public

agencies, except that if a local educational agency issues a

report card for all students, the local educational agency

may include the information under this section as part of

such report.’’

716

158. The House bill and the Senate amendment are similar

with the exception that the House bill references those report cards

in existence prior to the enactment of H.R. 1.

SR

159. The House bill and the Senate amendment are substantially the same in paragraph (4) and subparagraph (A) of each

piece of legislation with the following exceptions: (1) See note 50 regarding references to assessments; and (2) A technical difference in

cross-references.

HR/SR with amendment to strike paragraph (4) and insert as new (4): ‘‘(4) ANNUAL STATE REPORT TO THE SECRETARY.—Each

State receiving assistance under this Act shall report annually

to the Secretary, and publicly disseminate within the State— ‘‘(A) beginning with school year [2001–2002], information on the State’s progress in developing and implementing the assessments described in subsection (b)(3); ‘‘(B) beginning not later than school year 2002–2003,

information on the achievement of students on the assessments required by that section, including the

disaggregated results for the categories of students identified in subsection 1111(b)—[COMMENT: The reference

will be to the 6 categories agreed upon for reporting: economically disadvantaged, racial/ethnic minority, disabled,

LEP, gender, and migrant] ‘‘(C) in any year before the State begins to provide the

information described in subparagraph (B), information on

the results of student assessments (including

disaggregated results) required under this section. ‘‘(D) beginning not later than school year 2002–2003,

unless the State has received a waiver pursuant to section

1111(c)(1), information on the acquisition of English proficiency by children with limited English proficiency; ‘‘(E) the number and names of each school identified

for school improvement, including schools identified under

section 1116(c), the reason why each school was so identified, and the measures taken to address the performance

problems of such schools;

‘‘(F) the number of students and schools that participated in public school choice and supplemental service programs and activities under this title.

‘‘(G) beginning not later than the 2002–2003 school

year, information on the quality of teachers and the percentage of classes being taught by highly qualified teachers as defined in [section], in the State, LEA, and school

consistent with subparagraph (D)(7) (see note 137).’’

160. The House bill and the Senate amendment are substantially the same with the following exceptions: (1) See note 50 regarding references to assessments; and (2) The categories of students referenced in each bill are different. See note 63.

HR/SR with an amendment; (See note 159).

161. The Senate amendment does not contain a similar provision.

HR/SR with an amendment; (See note 159).

717

162. The House bill contains a similar provision in section 1116

(b)(6) (see note 300). The House bill refers to a report not less than

once a year, while the Senate amendment refers to an annual report. The Senate amendment refers to each State receiving assistance under this Act, while the House bill refers to each SEA. The

House bill and the Senate amendment refer to the names of schools

identified for school improvement, although the Senate amendment

contains a specific cross-reference to section 1116. The Senate

amendment, but not the House bill, refers to the number of schools

identified for school improvement, the reason for such identification, and the measures taken to address the school’s performance

problems.

HR/SR with an amendment; (See note 159).

163. The House bill and the Senate amendment are substantially the same except for difference indicated in note 50 regarding

references to assessments.

HR/SR with an amendment; (See note 159).

164. The House bill and the Senate amendment are substantially the same with the following exceptions: (1) The House bill,

but not the Senate amendment, requires that parental notification

be provided at the beginning of the school year; and (2) The House

bill, but not the Senate amendment, requires LEAs to provide information to requesting parents in a timely manner.

SR

165. The House bill and the Senate amendment provisions are

the same in clauses (i) through (iv) following each piece of legislation, with a minor wording difference in clause (iv).

LC

166. The House bill and the Senate amendment are substantially the same with the exception that the House bill, but not the

Senate amendment, refers to additional information beyond that

described in subparagraph (A).

LC

167. The Senate amendment does not contain a similar provision.

SR

168. The House bill, but not the Senate amendment, requires

the information be provided to parents in an understandable language to the extent practicable.

SR (LC all other references to providing information to

parents in an understandable and uniform format and, to

the extent practicable, provided in a language that the parents can understand)

169. The Senate amendment does not contain a similar provision.

SR

170. The House bill does not contain a similar provision.

HR with an amendment to move the following language

after note 163 and before paragraph (5) and redesignate sections according:

‘‘(5) REPORT TO CONGRESS.—The Secretary shall transmit

annually to [Standard name for House and Senate education

committees] a report that provides national and state level

data on the information collected under (4).’’

718

171. The House bill and the Senate amendment are the same.

LC

172. The House bill does not contain a similar provision. However, see also the House bill provision in subsection (b)(10) of section 1111. See note 110.

HR

173. The House bill does not contain a similar provision.

HR

174. The Senate amendment does not contain a similar provision.

SR with amendment to add a new subsection at end of

section 1111 and before section 1112:

(#—LC) ‘‘IN GENERAL.—Nothing in this part shall prescribe the

use of the assessments described under this part for student promotion or graduation purposes.’’ 175. The House bill and the Senate amendment are substantially the same with the exception that the House bill, but not the

Senate amendment, refers to the Homeless Act.

SR

176. The House bill and the Senate amendment are substantially the same with the exception of a technical difference in crossreferences.

LC

177. The House bill, but not the Senate amendment, makes a

number of changes to current law. The Senate amendment retains

current law unchanged through subparagraph (C).

SR with an amendment to strike (b)(1) and insert the

following: ‘‘(1) a description of high-quality student academic assessments, if any, that are in addition to the academic assessments

described in the State plan under section 1111(b)(3), that the

local educational agency and schools served under this part

will use to—’’

178. The Senate amendment, but not the House bill, contains

this subparagraph regarding first grade student literacy and related interventions and assessments.

HR with an amendment to insert as new (D):

‘‘(D) effectively identify students who may be at risk

for reading failure or who are having difficulty reading

through the use of screening, diagnostic, and classroombased instructional reading assessments, as defined under

section 1209 of this title.’’

179. The House bill, but not the Senate amendment, makes a

number of changes to current law. The Senate amendment retains

current law unchanged to subparagraph (B).

SR with an amendment to strike paragraph (2) and insert:

‘‘(2) at the local educational agency’s discretion, a description of other academic indicators, if any, that will be used in

addition to the academic assessments described in paragraph

(1) for the uses described in such paragraph;’’

180. The Senate amendment does not contain a similar provision.

SR

719

181. The House bill and the Senate amendment are similar

with the exception that the Senate amendment refers to coordination with Title II of the Senate bill if a LEA receives funds under

such title.

SR with an amendment on coordination with Title II

and adding ‘‘ and principals’’ after ‘‘teachers’’. 182. The Senate amendment makes a technical change to current law regarding the wording of ‘‘vocational programs’’. Both the

House bill and the Senate amendment strike ‘‘school-to-work transition programs’’. SR with an amendment to insert ‘‘vocational’’. 183. The House bill and the Senate amendment strike the

same language with the exception that the House bill, but not the

Senate amendment retains ‘‘served under part C’’ after ‘‘migratory

children’’. SR with and amendment inserting ‘‘children with disabilities’’ after ‘‘proficiency,’’; strike ‘‘or with disabilities’’;

and strike ‘‘served under part C,’’. 184. The Senate amendment, which retains current law to

paragraph (9), does not contain this provision regarding LEA participation in NAEP or an alternative assessment if selected.

SR with amendment to strike ‘‘or in another . . . section

7101(b)(1)(B)(ii)’’ in paragraph (6).

185. The House bill and the Senate amendment are generally

similar. However, the House bill refers to ‘‘preschool programs for

children’’ and lists a number of such programs and services, while

the Senate amendment refers to ‘‘early childhood education programs under section 1120B’’. SR

186. The House bill refers to LEA actions to assist schools in

school improvement, while the Senate amendment refers to LEA

determinations of factors impacting student achievement at schools

in school improvement or corrective action.

SR

187. The Senate amendment does not contain paragraphs (13)

through (15) of the House bill.

SR with an amendment to insert as new (13), (14), and

(15):

‘‘(13) a description of the actions the local educational

agency will take to implement public school choice and supplemental services, consistent with the requirements of section

1116;

‘‘(14) a description how the local educational agency will

meet the requirements of section 1119; and

‘‘(15) a description of the services the local educational

agency will provide homeless children, including services provided with funds reserved under section 1113(f)(3)(A).’’

188. The House bill does not contain paragraphs (10) and (12)

of the Senate amendment.

HR with an amendment to insert ‘‘after school (including before school and summer school) and’’ after ‘‘this part

to support’’ and with amendment to insert new paragraph:

‘‘(#—LC) The academic assessments and indicators described in

paragraphs (1) and (2) shall not be used in lieu of the academic asVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00723 Fmt 6601 Sfmt 6601 E:\HR\OC\A334HR.305 pfrm07 PsN: A334HR
720

sessments required under section 1111[(b)(4)] and other State academic indicators under section 1111[(b)(2)]. In addition, the use of

the assessments and indicators described in paragraphs (1) and (2)

may not be used to reduce the number or change which schools

would otherwise be subject to school improvement, corrective action, or restructuring under section 1116, if such additional assessments or indicators described in paragraphs (1) and (2) were not

used, but such assessments and indicators may be used to identify

additional schools for school improvement or in need of corrective

action or restructuring.’’ 189. The House bill and the Senate amendment are the same.

LC

190. The House bill, but not the Senate amendment, refers to

the ability of schools to consolidate funds from the entities listed.

The Senate amendment refers to schoolwide projects while the

House bill refers to school wide programs.

SR

191. See note 40 regarding references to standards.

LC

192. The House bill and the Senate amendment are substantially the same with a technical difference in cross-references.

LC

193. The House bill and the Senate amendment are the same.

LC

194. The House bill, but not the Senate amendment refers to ‘‘scientifically based’’ research.

SR

195. The Senate amendment does not contain a similar provision.

SR

196. The House bill does not contain the Senate amendment

provisions in paragraph (5).

HR

197. The House bill requires compliance with section 1119 relating to teacher and paraprofessional qualifications, while the Senate amendment requires compliance with section 1119 relating to

professional development.

SR with an amendment to insert ‘‘and professional development’’ after ‘‘paraprofessionals’’.

198. The House bill and the Senate amendment are substantially the same with a technical difference in cross-references.

LC

199. The House bill and the Senate amendment are substantially the same, except the Senate amendment, but not the House

bill, refers to ‘‘health and social services’’.

HR with amendment:

‘‘(6) coordinate, and collaborate, to the extent feasible and

necessary as determined by the local educational agency, with

the state and other agencies providing service to children,

youth, and families with respect to schools in school improvement, corrective action, or restructuring under section 1116

that request assistance from the local educational agency with

addressing major factors that have significantly impacted student achievement at the school.’’

721

200. The House bill does not contain the following Senate provisions in paragraphs (11) through (14).

HR with amendment to strike ‘‘10 years’’ and insert ‘‘12

years’’ and to strike ‘‘of the date . . . Act’’ and insert ‘‘the

end of the 2001–2002 school year’’ in paragraph (12), to conform parental information in paragraph (13) with note #168,

and to strike paragraph (14) and insert the following: ‘‘(14) assist each school served by the agency and assisted

under this part in developing or identifying models of high

quality, effective curriculum models consistent with section

1111(b)(6)(C).’’ 201. The House bill, but not the Senate amendment, makes a

number of changes to current law in paragraphs (d)(1) and (2). The

Senate amendment retains current law unchanged to subsection

(e).

SR with an amendment to strike ‘‘academic achievement

standards’’ and insert ‘‘Performance Standards’’ after ‘‘Head

Start’’ in subparagraph (B).

202. The House bill and the Senate provision are the same.

LC

203. The House bill and the Senate amendment are similar in

retaining current law with the exception that the House bill, but

not the Senate amendment, modifies the organization of paragraph

(2) and adds a new subparagraph (B).

SR

204. The House bill does not retain paragraph (3) of current

law which the Senate amendment retains and modifies.

HR

205. The House bill and the Senate amendment retain current

law with no changes.

LC

206. The Senate amendment does not contain this provision regarding parental notification and consent for English language instruction of the House bill.

SR with amendment to strike subsection (g) and insert

the following as new subsection (g):

‘‘(g) PARENTAL NOTIFICATION.— ‘‘(a) IN GENERAL.—(1) Each eligible entity using funds under

this title to provide high-quality language instruction educational

programs shall inform a parent or parents of a child participating

in such a program of— ‘‘(A) the reasons for the identification of their child as limited English proficient and being in need of placement in a language instruction educational program; ‘‘(B) the child’s level of English proficiency, how such level

was assessed, and the status of the child’s academic achievement;‘‘(C) the program and methods of instruction available, including how such programs differ in content, instructional

goals, and use of English and a native language in instruction;

‘‘(D) how the language instruction educational program

will meet the educational strengths and needs of their child;

‘‘(E) how such language instruction program will specifically help the child acquire English, and meet age appropriate

722

academic achievement standards for grade promotion and

graduation; ‘‘(F) the specific exit requirements for the program, including the expected rate of transition from the program into classrooms that are not tailored for limited English proficient students, and the expected rate of graduation from high school for

the program if funds under this title are used for children in

secondary schools; ‘‘(G) in the case of a student with a disability who participates in an English language instruction educational program,

how the program meets the objectives of the individualized

education program of the student; ‘‘(H) the entity’s failure to make progress on the annual

measurable achievement objectives in section 3329(a), if applicable. Such notice shall be sent in addition to the parental notification of their child as in need of participation in a language

instruction educational program. ‘‘(I) information pertaining to parental rights, that includes

written guidance— ‘‘(i) detailing the options that parents have to remove

their child in an language instruction educational program, and shall give parents an opportunity to decline

such enrollment, and the right to have their child immediately removed from a specialized language instruction

program upon their request; and ‘‘(ii) assisting parents in selecting among various programs and methods of instruction, if more than one program or method is offered by the eligible entity. ‘‘(b) RECEIPT OF INFORMATION.—The notice and information

provided in subsection (a) to a parent or parents of a child identified for participation in a language instruction educational program

for limited English proficient children shall be in an understandable and uniform format and, to the extent practicable, provided in

a language that the parents can understand.

‘‘(c) SPECIAL RULE APPLICABLE DURING THE SCHOOL YEAR.— For those children who have not been identified as limited English

proficient prior to the beginning of the school year the eligible entity shall notify parents within the first two weeks of the child being

placed in a language instruction educational program consistent

with subsections (a) and (b). ‘‘(d) PARENTAL PARTICIPATION.—Each eligible entity using

funds under this title shall implement an effective means of outreach to parents of limited English proficient students to inform

parents of how they can be involved in the education of their children, and be active participants in assisting their children to attain

English and achieve at high levels in core academic subjects and

meet challenging state academic achievement standards and state

academic content standards expected of all students, including

holding and sending notice of opportunities for regular meetings for

the purpose of formulating and responding to recommendations

from parents of students assisted under this title. ‘‘(e) BASIS FOR ADMISSION OR EXCLUSION.—A student shall not

be admitted to, or excluded from, any federally assisted education

program on the basis of a surname or language-minority status.’’

723

207. The House bill and the Senate amendment retain current

law with no substantive changes.

LC

208. The House bill and the Senate amendment retain current

law with no substantive changes.

LC

209. The House bill and the Senate amendment are substantially similar with minor differences in wording and a difference in

the cross-reference (the House bill refers to the subsection regarding Ranking Order and the Senate amendment refers to Eligible

School Attendance Areas).

LC

210. The House bill and the Senate amendment retain current

law with no substantive changes.

LC

211. The House bill, but not the Senate amendment, makes a

number of changes to current law in subsection (b) regarding the

rank order of funds and by adding a new paragraph (3) regarding

elementary schools. Otherwise, the House bill retains current law

with minor changes through paragraph (c)(1). The Senate amendment retains current law unchanged through paragraph (c)(1).

HR

212. The House bill adds a paragraph (2) regarding equitable

service to private school students. The Senate amendment contains

the same provision in section 1120A. See note 488.

HR

213. The House bill, but not the Senate amendment, makes a

change to current law regarding the total enrollment. The Senate

amendment retains current law unchanged through subsection (e).

HR

214. The House bill, but not the Senate amendment, makes a

number of minor, technical changes to current law. The Senate

amendment retains current law unchanged through subparagraph

(f)(3)(C).

LC

215. The Senate amendment does not contain the provisions in

paragraphs (4) and (5) of the House bill regarding school improvement reservation and financial incentives and rewards reservation.

SR with an amendment to insert ‘‘from the amount (if

any) by which the funds received by the LEA under this

part for a fiscal year exceed the amount received by the

LEA under this part for the preceding fiscal year,’’ after

‘‘necessary’’ in paragraph (4) and to insert ‘‘from those funds

received by the LEA under Title II and up to 5% of those

funds received by the LEA’’ after ‘‘necessary’’ in paragraph

(5).

216. The Senate amendment does not contain similar provisions.

HR

217. The House bill and the Senate amendment are similar

with the following exceptions: 1) The House bill refers to a LEA

that ‘‘may consolidate’’ funds, while the Senate amendment refers

to a LEA that ‘‘may use’’ funds; and 2) The Senate amendment, but

724

not the House bill, refers to the ‘‘initial year of the schoolwide program’’.

SR with an amendment to insert ‘‘and use’’ after ‘‘consolidate’’. 218. The House bill and the Senate amendment retain current

law with no substantive changes.

LC

219. The House bill and the Senate amendment are the same.

LC

220. The House bill, but not the Senate amendment, makes a

number of changes to current law regarding an exception to IDEA

in subparagraph (A) and the list of requirements in subparagraph

(B). The Senate amendment retains current law unchanged

through subparagraph (B).

SR with an amendment to add ‘‘comparability of services’’ after ‘‘maintenance of effort’’ in subparagraph (B).

221. The House bill and the Senate amendment are substantially similar with the following exceptions: 1) The House bill refers

to ‘‘consolidate’’ funds, while the Senate amendment refers to ‘‘use’’ funds; and 2) Minor wording differences.

SR with an amendment to insert ‘‘and uses’’ after ‘‘consolidates’’. 222. The House bill and the Senate amendment retain current

law with no substantive changes.

LC

223. The House bill, but not the Senate amendment, makes a

number of changes to current law regarding the addition of migratory children in subparagraph (A), omitting current law clause (iii)

in schoolwide reform strategies, referring to ‘‘scientifically based research’’ in clause (ii), adding subclause (I), referencing standards

and low-achieving in subclause (I) of clause (iii), and omitting specific examples contained in current law subclause (I) of clause (iiii).

The Senate amendment retains current law unchanged.

SR with an amendment to insert the following (rewrite

of whole subsection):

‘‘(c) COMPONENTS OF A SCHOOLWIDE PROGRAM.— ‘‘(1) IN GENERAL.—A schoolwide program shall include the

following components: ‘‘(A) A comprehensive needs assessment of the entire

school (including taking into account the needs of migratory children as defined in section 1309(2)) that is based

on information which includes the performance of children

in relation to the State academic content standards and

the State student academic achievement standards described in section 1111(b)(1). ‘‘(B) Schoolwide reform strategies that— ‘‘(i) provide opportunities for all children to meet

the State’s proficient and advanced levels of student

achievement described in section 1111(b)(1)(D); ‘‘(ii) use effective methods and instructional strategies that are based upon scientifically based research

that—

‘‘(I) strengthen the core academic program in

the school;

725

‘‘(II) increase the amount and quality of learning time, such as providing an extended school

year and before- and after-school and summer programs and opportunities, and help provide an enriched and accelerated curriculum; and ‘‘(III) include strategies for meeting the educational needs of historically underserved populations;

‘‘(iii)(I) include strategies to address the needs of

all children in the school, but particularly the needs of

low-achieving children and those at risk of not meeting the State student academic achievement standards

who are members of the target population of any program that is included in the schoolwide program,

which may include— ‘‘(aa) counseling, pupil services, and mentoring services; ‘‘(bb) college and career awareness and preparation, such as college and career guidance, personal finance education, and innovative teaching

methods which may include applied learning and

team teaching strategies; and ‘‘(cc) the integration of vocational and technical education programs; and

‘‘(II) address how the school will determine if such

needs have been met; and’’ 224. The House bill does not contain a similar provision, although the House bill also strikes the reference to Goals 2000 as

does the Senate amendment in clause (i).

LC

225. The House bill, but not the Senate amendment, makes a

number of changes to current law regarding teachers in subparagraph (C), professional development in subparagraph (D), and by

adding subparagraph (E). The Senate amendment retains current

law unchanged through subparagraph (D).

SR with an amendment to insert ‘‘principals,’’ after

‘‘teachers,’’ in (D); and strike ‘‘such as . . . pay’’ in (E).

Report language:

‘‘The Conferees believe that teacher recruitment strategies will be most effective if they succeed in attracting highly qualified teachers and subsequently retaining those

teachers. Such strategies can include differential pay and

merit based pay, as well as other services such as teacher

advancement initiatives that promote professional growth

and multiple career paths, pre-service internships, high

quality professional development, effective mentoring, and

ongoing, comprehensive evaluations of teachers’ knowledge

and abilities.’’

226. The Senate amendment, but not the House bill, refers to

a list of activities beyond family literacy services.

SR

227. The House bill, but not the Senate amendment, makes a

number of changes to current law regarding the listed programs in

subparagraph (G), cross-references in subparagraph (H), referring

726

to proficiency in subparagraph (I), and omitting clauses (ii) and (iii)

of subparagraph (H) of current law. The Senate amendment retains

current law unchanged through subparagraph (H).

SR

228. The House bill does not contain a similar provision.

HR with an amendment to insert ‘‘vocational and technical education’’ before ‘‘job training’’. 229. The House bill and the Senate amendment refer to the

title of each piece of legislation. In addition, the House bill, but not

the Senate amendment, makes changes to current law by omitting

consultation requirements in paragraph (2), omitting clause (iv)

through subparagraph (2)(B) of current law. The Senate amendment retains current law unchanged through subparagraph (C).

SR with an amendment to insert ‘‘, in consultation with

the local educational agency and its school support team or

other technical assistance provider under section 1117,’’ in

paragraph (2) before ‘‘, a comprehensive plan’’ and to strike

in (2)(A) ‘‘incorporates’’ and insert ‘‘describes how the

school will implement’’. 230. The House bill does not contain this provision.

HR with an amendment to retain current law clause (iv)

as subparagraph (D) and to conform parental information in

that subparagraph with note #168.

231. The House bill does not contain this provision.

SR

232. The House bill, but not the Senate amendment, makes

changes to current law by omitting the requirement to consider recommendations of technical assistance providers in clause (i). The

Senate amendment retains current law.

HR

233. The House bill and the Senate amendment refer to the

title of each piece of legislation. In addition, the House bill, but not

the Senate amendment, makes a number of changes to current law

by changing the plan requirements in clause (ii), adding to the involvement requirements in subparagraph (B), and by changing the

availability requirements in subparagraph (D). The Senate amendment retains current law through subparagraph (D).

SR with an amendment to conform parental information

with note #168.

234. Both the House bill and the Senate amendment strike the

reference to the School-to-Work Act. In addition, the House bill, but

not the Senate amendment, makes a change to current law by

changing the list of programs to coordinate with. The Senate

amendment retains current law.

SR

235. The House bill and the Senate amendment retain current

law with no substantive changes regarding the Accountability provision.

LC

236. The Senate amendment does not contain similar provisions.

SR

237. The House bill and the Senate amendment retain current

law with no substantive changes.

727

LC

238. The House bill and the Senate amendment are substantially the same.

LC

239. The House bill, but not the Senate amendment, makes a

number of changes to current law by changing references to standards and assessments in subparagraph (B) and changing the list of

included children in clause (i) of subparagraph (A). The Senate

amendment retains current law unchanged through paragraph (2).

HR (LC—academic achievement).

240. The Senate amendment refers to early childhood education services under this title, while the House bill refers to preschool services under this title and adds a reference to Early Reading First.

SR

241. The House bill and the Senate amendment strike the reference to part D (of Title I) and its predecessor authority. The

House bill, but not the Senate amendment, changes the reference

from part (D) (Neglected and Delinquent education) to part (C) (Migrant education). The House bill, but not the Senate amendment,

changes to current law. The Senate amendment retains current

law.

SR

242. The House bill clarifies that these 2 groups of children are

eligible, not possibly eligible as under current law. The Senate retains current law through subparagraph (D).

SR

243. The House bill, but not the Senate amendment, makes a

number of changes to current law by changing references to standards in paragraph (1) and subparagraph (A), omitting subparagraph (B) of current law, changing subparagraph (3), replacing current law subparagraph (E) with subparagraph (D) of the House bill,

and changing the teacher references in subparagraph (E). The Senate amendment retains current law unchanged through subparagraph (G).

SR/LC conform ‘‘highly qualified teacher’’ in this note.

244. The House bill, but not the Senate amendment, references

subsection (e)(3) and section 1119A. The Senate amendment, but

not the House bill, refers to ‘‘paraprofessionals’’ and ‘‘parents’’. The

House bill, but not the Senate amendment, conditions the provision

of opportunities for professional development for ‘‘pupil services

personnel’’.

SR with an amendment to strike ‘‘, for teachers . . .

pupil services personnel,’’ and replace with ‘‘, for teachers,

principals and paraprofessionals, including, if appropriate,

pupil services personnel, parents, and other staff’’.

245. The House bill and the Senate amendment reference section 1118 of Title I, part A of each piece of legislation and ‘‘family

literacy services.’’ However, the Senate amendment, but not the

House bill, adds after family literacy services a list of additional options.

SR

246. The House bill contains a generally similar provision in

subsection (c)(2)(A). See note 248.

728

HR with an amendment to insert ‘‘vocational and technical education’’.

247. The House bill and the Senate amendment retain current

law with no substantive changes.

SR (Note 181)

248. The Senate amendment contains a generally similar provision in subparagraph (I) following. See note 246. The House bill,

but not the Senate amendment, makes a change to current law by

omitting the reference to standards in current law. The Senate

amendment retains current law.

SR

249. The House bill, but not the Senate amendment, makes a

number of changes to current law by changing the reference to

standards in subparagraph (B), changing the section heading in

subsection (d), omitting the reference to children served under this

part in subsection (d), omitting paragraphs (1) and (3) of subsection

(d) of current law, changing subparagraph (2) list of services, and

omitting subparagraph (B) of paragraph (2) of current law. The

Senate amendment retains current law.

SR with an amendment to retain current law 1115(d)(1);

to strike ‘‘medical’’ and insert ‘‘health’’ in paragraph (2) and

to insert current law subparagraph (e)(2)(B) as subparagraph (e)(2)(C).

250. The House bill, but not the Senate amendment, makes a

number of changes to current law by referencing public schools

throughout, changing the plan provisions in subsection (b), replacing paragraph (5) of current law with paragraph (2) of the House

bill and modifying the list of required participants, replacing paragraph (6) of current law with paragraph (4) and omitting paragraphs (2)–(4) and (7)–(9) of current law.

HR/SR to eliminate from current law.

251. The House bill does not contain a similar section. However, pupil safety and school choice activities are an authorized use

of funds under section 5115 (b)(2)(P) of the House bill. See Title V

of the House bill.

SR

252. The House bill and the Senate amendment have different

section headings. The House bill adds the word ‘‘academic’’ before

assessment, which is consistent throughout this part. See note 50.

LC

253. The House bill and the Senate amendment are similar

with the following exceptions: (1) There is a difference in cross-references to the adequate yearly progress provisions in each piece of

legislation; (2) The Senate amendment, but not the House bill, requires LEAs to use State assessments and additional measures described in their plan to determine if adequate yearly progress is

being met; the House bill, but not the Senate amendment, requires

the use of State assessments to determine if adequate yearly

progress is being met; and (3) The Senate amendment, but not the

House bill, refers to enabling students to meet the State standards.

SR with amendment to strike paragraph (1) and insert

the following and redesignate subsequent paragraphs accordingly:

729

‘‘(1) use the State academic assessments and other academic indicators described in the State plan to review annually

the progress of each school served under this part to determine

whether the school is making adequate yearly progress as defined in section [1111(b)(2)(B)]; and ‘‘(2) at the local education agency’s discretion, use any academic assessments or any other academic indicators described

in the local educational agency’s plan under section [1112(b)(1)

and (2)] to review annually the progress of each school served

under this part to determine whether the school is making adequate yearly progress as defined in section [1111(b)(2)(B)], except the use of such additional assessments or indicators may

not be used to reduce the number or change which schools

would otherwise be subject to school improvement, corrective

action, or restructuring under section 1116 if such additional

assessments or indicators were not used, but may be used to

identify additional schools for school improvement or in need

of corrective action or restructuring.’’ 254. The House bill refers to publication and dissemination of

results, while the Senate amendment refers to the provision of results. The Senate amendment, but not the House bill, adds the

word ‘‘local’’ before ‘‘annual review’’. The House bill has a different

list of recipients than the Senate amendment. The Senate amendment, but not the House bill, describes how the results are to be

provided and what they are to be used for.

HR/SR with an amendment to merge the language of

both.

255. The House bill and the Senate amendment are similar,

with the following exceptions: (1) The House bill contains a general

reference to parental involvement under the Act, while the Senate

amendment refers to specific parental involvement under section

1118; and (2) The Senate amendment, but not the House bill, refers

to professional development under section 1119 and ‘‘other activities’’ under the Act.

SR with an amendment to insert ‘‘professional development, and other activities’’ after ‘‘parental involvement,’’ in

(3).

256. The House bill does not contain a similar provision.

SR

257. The House bill and the Senate amendment are similar

with the following exceptions: (1) The Senate amendment, but not

the House bill, conditions the LEA requirements on subparagraph

(B) following, although subsection (b)(1)(C) of the House bill is

similar; see note 260; and (2) There is a difference in cross-references to the adequate yearly progress provisions in each piece of

legislation.

HR with amendment to strike ‘‘for any year’’ and insert

‘‘for two consecutive years’’

258. The Senate amendment contains a similar provision

which is located in subsection (b)(12)(A)(i). See note 331 for differences.

HR

259. The Senate amendment does not contain a similar provision.

730

SR with amendment to strike ‘‘first day’’ and insert ‘‘beginning’’ and to insert ‘‘next’’ before ‘‘school year’’. 260. The House bill and the Senate amendment are similar

with the exceptions that the House bill refers to ‘‘advanced’’ achievement and the Senate amendment refers to ‘‘proficient level

of performance’’, and there is a technical difference in cross-references.

HR

261. The House bill and the Senate amendment are the same.

LC

262. The Senate amendment contains a similar provision in

subsection (b)(5). See notes 290, 291 and 292 for differences.

SR with amendment to add at the end: ‘‘In providing

students the option to transfer to another public school, the

local educational agency shall give priority to the lowestachieving children from low-income families, as determined

by the local educational agency for purposes of allocating

funds to schools under section 1113(c)(1).’’ 263. The Senate amendment does not contain a similar provision.

SR

264. The House bill and the Senate amendment are the same

with the exception that the House bill refers to ‘‘restructuring’’ while the Senate amendment refers to ‘‘reconstitution’’. SR

265. The House bill and the Senate amendment are substantially the same with the exception that the House bill, but not the

Senate amendment, allows for supporting evidence to be provided

to contest an identification if a majority of parents believe the identification was in error.

SR

Report language:

‘‘The Conferees urge that, in providing the opportunity

for review under paragraph (2) and before identifying a

school for school improvement, corrective action, or restructuring, SEAs should provide to LEAs, and the LEAs shall

make available to school officials, teachers, parents, and

other interested parties, information on the statistical accuracy of the assessment and the data produced in a language

and format that is likely to be accessible and understandable to all parties, in order to allow such individuals to

make an informed judgment about the accuracy of the identification for improvement of a school.’’

266. The House bill and the Senate amendment are similar

with the following exceptions: (1) The House bill, but not the Senate amendment, refers to an LEA providing a school with the opportunity to review school level data; and (2) The Senate amendment, but not the House bill, refers to an LEA making an initial

determination under the paragraphs listed.

SR

267. The House bill and the Senate amendment are substantially the same with the exception that the House bill, but not the

Senate amendment, conditions the LEA requirements on the resolution of the review previously described in paragraph (2).

731

SR

268. The House bill and the Senate amendment are substantially the same with the exception that the Senate amendment, but

not the House bill, allows for the inclusion of a comprehensive

school reform model meeting the requirements of section 1706(a).

HR

269. The House bill and the Senate amendment are similar

with the following exceptions: (1) The House bill and the Senate

amendment reference different categories of students (see note 63);

(2) There is a technical difference in cross-references to assessment

provisions; and (3) The House bill and the Senate amendment differ in the title of each piece of legislation.

HR/SR with amendment to strike ‘‘10 years’’ and insert ‘‘12 years’’ and to strike ‘‘after the date . . . 2001’’ and insert ‘‘of the end of the 2001—2002 school year’’ 270. The House bill and the Senate amendment are the same.

LC

271. The House bill and the Senate amendment are the same.

LC

272. The House bill and the Senate amendment are the same

with a technical difference in cross-references.

LC

273. The Senate amendment does not contain a similar provision.

SR

274. The House bill and the Senate amendment are the same.

LC

275. The House bill and the Senate amendment are similar

with the following exceptions: (1) The House bill and the Senate

amendment reference different categories of students (see note 63);

(2) There is a technical difference in cross-references to assessment

provisions; (3) The House bill and the Senate amendment differ in

the title of each piece of legislation; (4) The House bill refers to

‘‘measurable’’ goals, while the Senate amendment refers to ‘‘objective’’ goals; and (5) The Senate amendment, but not the House bill,

refers to students making ‘‘continuous and significant progress’’.

SR w/amendment to insert ‘‘objective’’ after ‘‘measurable’’, to insert ‘‘consistent with adequate yearly progress as

defined under section 1111 (b)’’ and to strike ‘‘10 years’’ and

insert ‘‘12 years’’ and to strike ‘‘after the date . . . 2001’’ and

insert ‘‘of the end of the 2001—2002 school year’’

276. The House bill and the Senate amendment are the same.

LC

277. The House bill and the Senate amendment are the same.

LC and after ‘‘(4)’’ insert ‘‘and the local educational

agency’s responsibilities under section 1120A.’’

278. The House bill does not contain a similar provision.

HR

279. The Senate amendment does not contain similar provisions.

SR with an amendment to strike ‘‘extended learning

time for students, such as’’ and insert ‘‘activities’’ after

‘‘year’’ in clause (viii) and to strike clause (ix) and insert

‘‘(ix) incorporate a teacher mentoring program.’’

732

Report Language:

Successful mentoring programs pair beginning and veteran teachers with an exemplary teacher who has expertise

in the same subject matter as the teachers who are

mentored. Mentoring programs are usually school-based

and include activities such as observing and coaching the

teachers who are mentored.

280. The House bill and the Senate amendment are the same

with a technical difference in cross-references.

LC

281. The Senate amendment does not contain a similar provision.

SR

282. The House bill and the Senate amendment are similar

with the following exceptions: (1) The House bill, but not the Senate amendment, provides for an exception to the requirement described in subparagraph (D) of the House bill following; and (2) The

House bill refers to the school year following the school year in

which the school failed to make adequate yearly progress, while the

Senate amendment refers to the school year following the school

year in which the school was identified.

HR with amendment to insert ‘‘Except as provided in

subparagraph [(D)],’’ before ‘‘A school shall’’ 283. The Senate amendment does not contain a similar provision.

SR

284. The Senate amendment, but not the House bill, requires

the LEA to act 45 days after receiving a school plan.

HR

285. The House bill and the Senate amendment are the same

in the clauses (i) and (ii) of each piece of legislation.

LC

Report language:

‘‘The Conferees believe that in instances where peer review of a school plan [Section 1116(c)(3)(D)] is required,

local educational agencies may, with the approval of the

State educational agency, use the State Committee of Practitioners (as described in Section 1803(b)) to perform the

peer review process.’’

286. The House bill and the Senate amendment are substantially the same with the exception that the House bill, but not the

Senate amendment, directs the LEA to provide technical assistance

to the school ‘‘throughout the duration of the plan.’’

SR

287. The House bill and the Senate amendment differ technically in the cross-reference. The Senate amendment, but not the

House bill, refers to problems in implementing parental involvement (under section 1118), professional development (under section

1119), and other school and LEA responsibilities.

HR

288. The House bill and the Senate amendment are similar

with the exception of the House bill reference to professional development.

SR

733

289. The House bill and the Senate amendment are the same

through subparagraph (C) following of each piece of legislation.

LC

290. The House bill contains a similar provision which is located in subsection (b)(1)(E) (see note 262). The House bill requires

intra-district public school choice not later than the first day of the

school year following identification, while the Senate amendment

requires intra-district public school choice at the end of the first

year after the school year for which the school was identified. In

addition, there is a difference in cross-references to the adequate

yearly progress provisions in each piece of legislation.

HR with amendment to insert ‘‘continue to’’ before ‘‘provide’’ and to strike ‘‘unless’’ in subparagraph (A) and to insert as a new subparagraph (#—LC) ‘‘make supplemental

services available, consistent with subsection [(d)(1)]’’

291. The House bill contains a similar provision which is located in subsection (b)(1)(E). The Senate amendment, but not the

House bill, also requires the intra-district public school choice to be

not prohibited by local law, including school board approved LEA

policy.

SR

292. The House bill does not contain a similar exception.

SR

293. The House bill does not contain this provision. Also see

note 303.

SR

294. The House bill does not contain this provision. However,

see also paragraph (4) of the House bill.

HR with amendment to strike ‘‘while . . . action’’

295. The House bill and the Senate amendment are substantially the same with the exception that the Senate amendment, but

not the House bill, references corrective action and reconstitution.

HR with an amendment strike ‘‘reconstitution’’ and insert ‘‘restructuring’’ in (F)(7) and to conform parental information with note #168.

296. The House bill and the Senate amendment are the same

with minor wording differences in subparagraphs (A) through (C)

following of each piece of legislation.

SR

297. The House bill and the Senate amendment are substantially the same with the exception that the House refers to the

‘‘achievement’’ problem, while the Senate amendment refers to the

‘‘performance’’ problem.

SR

298. The House bill and the Senate amendment are the same

with minor differences in wording.

LC

299. The House bill, but not the Senate amendment, includes

public charter schools. The Senate amendment, but not the House

bill, conditions the explanation on when the school is identified for

corrective action or reconstitution. The Senate amendment, but not

the House bill, refers to the provision of transportation and supplementary services.

734

HR with amendment to strike ‘‘when the school is identified . . . (8),’’

300. See note 162.

HR

301. The House bill and the Senate amendment are the same

in subparagraph (A) of each piece of legislation with minor wording

differences and a technical difference in cross-references. The Senate amendment requires corrective action to be consistent with

‘‘State and local law’’, while the House bill requires corrective action to be consistent with State law.

SR

302. The House bill and the Senate amendment are similar

with minor wording differences and a technical difference in crossreferences.

LC

303. The House bill, but not the Senate amendment, refers to

the provision of public school choice and technical assistance and

the identification of a school and corrective action to be taken. The

Senate amendment contains a similar provision in clause (iii) following. There is a technical difference in cross-references to assessment provisions. The House bill refers to those schools that have

failed to make adequate yearly progress at the end of the first full

school year following identification. The Senate amendment refers

to those schools that have failed to make adequate yearly progress

at the end of the 2nd year after the school year for which the

school was identified. The House bill contains a provision regarding

those schools identified before enactment, which the Senate also

does in paragraph (12) following. See note 331 for differences.

HR with amendment to add ‘‘full school’’ after ‘‘second’’

304. The House bill and the Senate amendment are similar

with the following exceptions: (1) The House bill, but not the Senate amendment adds ‘‘continue to’’ before ‘‘provide; and (2) The

House bill, but not the Senate amendment, refers to State law.

SR

305. The House bill and the Senate amendment contain similar

provisions, however, the House bill provision is located in subsection (b)(10). The House bill refers to those schools in school improvement, while the Senate amendment refers to those schools in

school improvement and corrective action. The Senate amendment,

but not the House bill, requires the transfer of as many children

as possible and that the selection of those children is done on an

equitable basis.

SR

306. See note 303 regarding identifying schools and taking corrective actions.

LC

307. The House bill does not contain this provision.

SR

308. The House bill, but not the Senate amendment, refers to

the staff relevant to the failure to make adequate yearly progress.

SR

309. The House bill and the Senate amendment are substantially similar with the exceptions of minor wording differences and

735

the House bill, but not the Senate amendment, referring to the

school meeting adequate yearly progress.

SR with an amendment to insert Report Language:

Report Language:

If an LEA chooses to implement a new curriculum as a

means of corrective action, such new curriculum shall significantly depart from the existing curriculum in a manner

aimed to have the school attain adequate yearly progress.

The Conferees intend that such new curriculum constitute

a substantial structural change to the school’s curriculum

that is consistent with the State academic content and academic achievement standards and specifically address

issues identified by the plan developed by the school upon

being identified as in need of improvement.

310. The Senate amendment does not contain the provisions in

subclauses (III)–(VI) following in the House bill.

SR

311. The House bill and the Senate amendment are the same.

LC with amendment to add ‘‘requirements of second

year of school improvement’’ after ‘‘implementation of’’,

strike ‘‘only’’ and insert ‘‘restructuring’’, strike ‘‘school’s failure’’ and to insert ‘‘school makes adequate yearly progress

for one year or fails’’ before ‘‘to make’’ and to strike ‘‘was

justified’’.

312. The House bill, but not the Senate amendment, requires

the information be disseminated to the parents of children enrolled

at the school in a format and to the extent practicable in a language the parents can understand.

SR with an amendment to conform parental information

with note #168.

313. Both the House bill and the Senate amendment refer to

schools having failed to make adequate yearly progress after one

year of corrective action, although the House bill refers to a ‘‘full’’

year. However, the House bill, but not the Senate amendment, also

requires for schools to be identified in restructuring to fail to make

statistically significant adequate yearly progress for the economically disadvantaged students in the subjects included in the State’s

definition of adequate yearly progress after one year.

HR with amendment to insert ‘‘full school’’ after ‘‘one’’

314. The Senate amendment does not contain a similar provision.

HR

315. See note 304.

SR with amendment to insert ‘‘continue to’’ before ‘‘provide’’

316. The Senate amendment, but not the House bill, refers to

those children who remain in the schools.

HR with amendment to insert ‘‘continue to’’ before

‘‘make’’ and for LC to move same language to corrective action (at note 304) and to move same language but without

‘‘continue to’’ to 2nd year of school improvement (at note

290)

736

317. The House bill and the Senate amendment are the same

through clause (i) of the House bill and subclause (I) following of

the Senate amendment.

LC

318. The House bill, but not the Senate amendment, includes

principals. Otherwise, see note 308.

SR with an amendment to strike ‘‘the principal and’’ and

insert ‘‘which may include the principal’’ after ‘‘that are relevant,’’.

319. The House bill refers to ‘‘entering into a contract’’, while

the Senate amendment refers to ‘‘turning the operation’’ over.

SR with an amendment to insert ‘‘with a demonstrated

record of effectiveness’’ after ‘‘public school’’ in (iii).

320. The House bill, but not the Senate amendment, refers to

State law permitting such action.

SR

321. The House bill does not contain these Senate provisions.

HR with an amendment to strike subclause (V) and

clause (ii) and replace with a new subclause (V) and report

language:

‘‘(V) Any other major restructuring of the

school’s governance arrangement that makes fundamental reforms, such as significant changes in

the school’s staffing and governance, to improve

student academic achievement in the school and

which has substantial promise of enabling the

school to make adequate yearly progress as defined in the State plan under section 1111(b)(2).

In the case of a rural local educational agency

with less than 600 students in average daily attendance at the schools served by the agency and

have a School Locale Code of 7 or 8, as determined by the Secretary, the Secretary shall, at

such agency’s request, provide technical assistance

to such agency for the purpose of implementing

this subclause.’’

Report Language:

The Conferees recognize that rural schools and communities face unique challenges, including geographic isolation, in implementing the alternative governance arrangements under subparagraph (B)(i)(I)–(IV). Therefore, the

Conferees intend for the Secretary to provide technical assistance and otherwise make every effort to assist these

schools in restructuring, while not lessening the accountability requirements under this subparagraph.

322. The Senate amendment does not contain a similar provision.

SR with amendment to strike ‘‘the end’’ and insert ‘‘not

later than the beginning’’ and to insert ‘‘next’’ before ‘‘school

year in which the academic assessments are administered’’.

323. The House bill, but not the Senate amendment, refers to

the participation of parents, to the extent practicable, in the development of the plan required by this paragraph. The House bill, but

737

not the Senate amendment, also requires parents to be given an explanation of the plan under this paragraph.

SR with an amendment to strike ‘‘to the extent practicable’’.

324. The House bill refers by cross-reference to those schools

in school improvement, corrective action, or restructuring. The Senate amendment refers to those schools in corrective action.

SR with amendment for LC to add a reference to 2nd

year of school improvement (at note 290)

325. The House bill, but not the Senate amendment, refers to

‘‘public’’ schools. The Senate amendment, but not the House bill,

references the subsection regarding a LEAs obligation to provide

supplementary services and transportation costs.

SR

326. The House bill and the Senate amendment cap the

amount the LEA can use for transportation costs at 15% of the

LEA allocation under this part. The Senate amendment, but not

the House bill, also includes the costs of providing supplementary

services in the 15% cap.

SR with amendment to strike ‘‘15 percent’’ and insert ‘‘5

percent’’ and for LC to insert as a new subparagraph (C) the

10% ‘‘flex pot’’ that can be used for either public school

choice or for supplemental services and to insert special

rule that if the State pays for public school choice, the 5%

can be used as an additional flex pot to pay for supplemental services.

327. See note 305.

SR with amendment for LC to add a reference to 2nd

year of school improvement (at note 290) and to insert ‘‘corrective action, or restructuring’’ after ‘‘school improvement’’

328. The House bill, but not the Senate amendment, refers to

those schools in corrective action and restructuring. Otherwise, the

House bill and Senate amendment are substantially the same.

HR with amendment to insert ‘‘school improvement, corrective action, or restructuring’’ and to strike ‘‘reconstitution’’ in both places.

329. The Senate amendment does not contain a similar provision.

HR

330. The House bill does not contain a similar provision.

HR with amendment to strike paragraph (11) and insert

new paragraph (11):

‘‘(11) SPECIAL RULE.—A local educational agency shall permit a child who transferred to another school under this subsection to remain in that school until the child has completed

the highest grade in that school. The obligation of the local

educational agency to provide, or to provide for, transportation

for the child ends, except that the obligation of the local educational agency to provide, or provide for, transportation remains until the end of the school year, if the school from which

the child transferred is no longer identified for school improvement or subject to corrective action or restructuring.’’

331. See notes 258 and 303.

738

HR with amendment to strike in subparagraph (A) (i)

and (ii) ‘‘at the beginning of the next school year following

such day’’ and to strike in subparagraph (B) ‘‘and that fails

. . . such date’’ and to strike in subparagraph (B) ‘‘subject

to . . . next school year’’ and insert ‘‘treated by the local

educational agency as a school described in paragraph (7)’’

and to strike subparagraphs (A)(iii) and (A)(iv) and subparagraph (B)(ii), and to add a special rule that public school

choice and supplemental services must be implemented no

later than the beginning of the 2002–2003 school year for the

appropriate schools identified before enactment pursuant to

paragraphs (A)(i) and (ii) and (B)(ii), and the Department of

Education must issue regulations on the new provisions relating to sections 1111 and 1116 within 6 months of date of

enactment of this Act.

332. The House bill refers to State responsibilities while the

Senate amendment refers to SEA responsibilities.

HR

333. The Senate amendment, but not the House bill, refers to

schools in corrective action. The House bill, but not the Senate

amendment, refers to ‘‘restructuring’’. The Senate amendment, but

not the House bill, directs the SEA to use funds reserved under

section 1003 to the extent possible.

SR with an amendment to insert ‘‘corrective action’’

after ‘‘school improvement,’’ in (A).

334. The House bill and the Senate amendment are the same

with minor wording differences.

LC

335. The Senate amendment does not contain this provision.

SR with amendment to strike ‘‘within the same . . . was

given’’ and insert ‘‘before any identification of a school required under this section takes place.’’

336. The House bill does not contain these provisions.

HR with amendment to strike subparagraphs (C) and

(D) and insert new subparagraph (C):

‘‘(C) for local educational agencies or schools identified for improvement under section 1116, notify the Secretary of major factors

that were brought to the attention of the State educational agency

under section 1111(b)(8) that have significantly impacted student

achievement.’’

337. There is a difference in cross-references regarding adequate yearly progress. The Senate amendment, but not the House

bill, also requires a review of the LEA’s implementation of the responsibilities contained in the listed sections.

SR with an amendment ‘‘and to determine if each LEA

is carrying out its responsibilities under 1116, 1117, 1118,

and 1119’’ after ‘‘achievement standards’’ and before the

semi-colon.

338. The Senate amendment does not contain this provision.

SR

339. The House bill does not contain these provisions.

SR with an amendment to strike subparagraph (B) and

strike paragraph (2) and insert:

739

‘‘(2) REWARDS.—In the case of a local educational agency

that for 2 consecutive years has exceeded the State’s definition

of adequate yearly progress as defined in the State plan under

section 1111(b)(2), the State may make rewards of the kinds

described under section 1117.’’ 340. The Senate amendment, but not the House bill, refers to

schools served under this part and their progress toward meeting

the State’s performance standards. The Senate amendment also

provides for an exception for targeted assistance programs, which

the House does as well in paragraph (4), although the House bill

refers to targeted assistance schools and there are other minor

wording differences.

SR

341. The Senate amendment does not contain this provision.

SR with amendment for LC to move language to note

331 as subparagraph (C) and to parallel school improvement

and corrective action language for schools.

342. The Senate amendment does not contain this provision.

SR with amendment for LC to move language to note

331 as subparagraph (D) and to parallel school improvement

and corrective action language for schools.

343. See note 340.

SR

344. The House bill and the Senate amendment are similar

with the following exceptions: (1) There is a difference in the paragraph references; (2) The House bill refers to LEA data, while the

Senate amendment refers to ‘‘school-level’’ data; and (3) There are

minor wording differences between the House bill and Senate

amendment regarding the LEA provision of evidence for alleged

identification error and the timeline for the final determination of

LEA status.

SR with an amendment to strike ‘‘local educational

agency’’ before ‘‘data’’. Report Language:

The Conferees urge that, in providing the opportunity

for review under paragraph (5) and before identifying a

local educational agency for improvement, SEAs should provide to LEAs, and the LEAs shall make available to school

officials, teachers, parents, and other interested parties, information on the statistical accuracy of the assessment and

the data produced in a language and format that is likely to

be accessible and understandable to all parties, in order to

allow such individuals to make an informed judgment about

the accuracy of the identification for improvement of a local

educational agency.’’

345. The Senate amendment does not contain a similar provision.

SR

346. The House bill and the Senate amendment are similar

with a technical difference in cross-references regarding LEA identification. In addition, the House bill, but not the Senate amendment, requires consultation with the groups listed.

SR

347. The House bill and the Senate amendment are the same.

740

LC

348. The Senate amendment, but not the House bill, refers to

consistency with State standards.

HR

349. The Senate amendment does not contain a similar provision.

SR

350. The Senate amendment, but not the House bill, contains

numerous requirements, including specifying where the funds are

to be taken from, how they are to be treated, and what they are

to be used for.

HR with amendment to strike clause (iv) and replace

with new clause (iv):

‘‘(iv) address the professional development needs

of the instructional staff by committing to spend not

less than 10% of the funds received by the local educational agency under this part during 1 fiscal year for

professional development (including funds reserved for

professional development under subsection

(c)(3)(A)(iii)), but excluding funds reserved for professional development under subsection (j) of section

1119A.’’

Report language:

‘‘The Conferees intend that such funds shall supplement

and not supplant professional development that instructional staff would otherwise receive, and which professional

development, including mentoring for teachers in low-performing schools, shall increase the content knowledge of

teachers and build the capacity of the teachers to align

classroom instruction with challenging academic content

standards and to bring all students to proficient or advanced levels of achievement as determined by the State.’’

351. The House bill and the Senate amendment are generally

similar with the exception that the Senate amendment refers to

‘‘subjects and grades’’ and ‘‘continuous and significant progress’’ toward proficiency over 10 years.

SR with an amendment to insert ‘‘consistent with adequate yearly progress as described under section 1111(b)’’

352. The House bill does not contain a similar provision.

HR with an amendment to strike ‘‘and performance;’’

and insert ‘‘academic’’ before ‘‘achievement’’.

353. The Senate amendment does not contain a similar provision.

SR with an amendment to strike clause (iii) and insert

as new clause (iii):

‘‘(iii) incorporate, as appropriate, before school,

after school, during the summer, and extension of the

school year activities.’’

(See note 279)

354. The House bill and the Senate amendment are substantially the same.

LC to conform with parental language from note 168.

741

355. The House bill and the Senate amendment are similar

with the exception that the Senate amendment, but not the House

bill, includes SEA technical assistance.

HR with an amendment to insert after ‘‘(5)’’ the following: ‘‘and the local educational agency’s responsibilities

under section 1120A.’’ 356. The House bill does not contain a similar provision.

HR

357. The Senate amendment does not contain a similar provision.

SR

358. The House bill and the Senate amendment are similar

with the exception that the House bill, but not the Senate amendment, refers to the provision of technical assistance if requested. In

addition, the House bill refers to the ‘‘State’’ responsibility while

the Senate amendment refers to the SEA responsibility, a difference which is consistent through the remainder of each piece of

legislation.

HR with an amendment to insert ‘‘if requested’’ after ‘‘or

other assistance’’ 359. The House bill and the Senate amendment are substantially the same in clauses (i) and (ii) following of each piece of legislation.

LC

360. The House bill and the Senate amendment are similar

with the exception that the Senate amendment, but not the House

bill, refers to the provision of SEA technical assistance for problems

implementing those activities listed in the Senate amendment.

HR with an amendment to strike ‘‘tied to scientifically

based research’’ and insert ‘‘based on scientifically based research’’ in (B).

361. The Senate amendment does not contain this provision.

SR

362. The House bill and the Senate amendment are similar

with minor differences in wording, technical differences in crossreferences, and the Senate amendment refers to consistency with

State and local law, while the House bill in subparagraph (B) following refers to consistency with State law. See note 365.

SR

363. The House bill and the Senate amendment are the same

with the exception that the House bill specifically references

clauses regarding corrective action.

LC

364. The Senate amendment does not contain this provision.

SR

365. The House bill and the Senate amendment are similar,

with minor wording differences, and the Senate amendment, but

not the House bill, refers to consistency with State and local law.

See note 362 and subparagraph (B) in the House bill.

SR

366. The House bill and the Senate amendment are similar.

HR with an amendment to strike ‘‘deferring, reducing,

or withholding funds.’’ and insert ‘‘deferring programmatic

funds or reducing administrative funds’’ in (vi).

742

367. The House bill does not contain this provision.

HR with an amendment to insert Report Language:

Report Language:

If an SEA chooses to implement a new curriculum as a

means of corrective action, such new curriculum shall significantly depart from the existing curriculum in a manner

aimed to have the LEA attain adequate yearly progress. The

conferees intend that such new curriculum shall constitute

a substantial structural change to the LEA’s curriculum

that is consistent with State academic content and academic achievement standards and specifically address

issues identified by the plan developed by the local educational agency upon being identified as in need of improvement.

368. The House bill refers to replacing personnel relevant to

the failure to make adequate yearly progress. The Senate amendment refers to reconstituting personnel.

SR

369. The House bill and the Senate amendment are substantially the same in the following three provisions.

LC

370. The Senate amendment does not contain a similar provision.

SR with amendment to require LEA to use the 5% LEA

reservation and 10% flex reservation for transportation.

(See note 326)

371. The Senate amendment, but not the House bill, refers to

that corrective action taken pursuant to this paragraph. The House

bill refers to due process provided to LEAs, while the Senate

amendment refers to notice provided to LEAs. The Senate amendment, but not the House bill, refers to a timeline by which the

hearing shall take place.

HR

372. The House bill and the Senate amendment are substantially the same with the exception that the House bill refers to specific dissemination outlets, while the Senate amendment refers to

a generally available medium.

LC

373. The House bill and the Senate amendment are substantially the same with minor wording differences, and the House bill,

but not the Senate amendment, refers to the financial resources of

LEAs and schools.

LC with amendment to conform with note 311

374. The House bill does not contain a similar provision.

SR

375. The House bill and the Senate amendment are similar

with the exceptions of minor wording differences and that the

House bill allows for an LEA to make adequate yearly progress two

out of the three years following identification, while the Senate

amendment requires a LEA to make adequate yearly progress for

two consecutive years.

HR

376. The House bill does not contain this provision.

HR

743

377. The House bill and the Senate amendment have different

headings and are located in different subsections of section 1116 of

each piece of legislation.

HR

378. The House bill and the Senate amendment provide the option of supplemental services to parents if a school has failed for

3 years to make adequate yearly progress, as defined in each piece

of legislation in Title I, part A, with a technical difference in crossreferences. The House bill refers to ‘‘each eligible child’’ that is able

to obtain supplemental services, while the Senate amendment refers to ‘‘to children in the school’’. The House bill defines ‘‘eligible

child’’ in subsection (d)(10)(A) (See note 414). Both the House bill

and the Senate amendment require the SEA to approve supplemental service providers and allow parents to choose from the approved providers. However, the House bill, but not the Senate

amendment, describes the minimum elements of the ‘‘reasonable

criteria’’ the SEAs shall use to approve supplemental service providers.

HR/SR with amendment:

(#—LC) SUPPLEMENTAL EDUCATIONAL SERVICES.— (1) In the case of any school described in subsection [2nd

year of school improvement, corrective action, or restructuring],

the local educational agency serving such school shall, subject

to subparagraphs [(B) through (E)], arrange for the provision

of supplemental services to eligible children in the school from

a provider with a demonstrated record of effectiveness, selected

by the parents and approved for that purpose by the State educational agency in accordance with reasonable criteria that it

shall adopt.’’ Report Language:

The Conferees intend that a local educational agency

shall not be required to arrange for the provision of supplemental services for a student, if the parent of such student

has not requested supplemental services.

379. The House bill, but not the Senate amendment, references

the criteria described in paragraph (d)(1) of the House bill in regards to those supplemental service providers that may be selected

by parents. In addition, the House bill requires the LEA to assist

requesting parents with the selection of a provider, while the Senate amendment contains a similar provision in subsection (f)(2)(C)

of the Senate amendment. See note 388.

HR

380. The House bill contains a specific reference to a contract

between the LEA and a supplemental service provider, while the

Senate amendment generally refers to the relationship between the

LEA and the provider in subsection (f)(1)(C)—(FINANCIAL OBLIGATION OF LEA) and (f)(2)(E) of the Senate amendment.

HR/SR with amendment to insert the following and

strike all language (380–395 & 406):

(3) LOCAL EDUCATIONAL AGENCY RESPONSIBILITIES.—Each

local educational agency subject to this subsection shall— (A) provide, at a minimum, annual notice to parents

(in a format and, to the extent practicable, in a language

the parents can understand) of—

744

(i) the availability of services under this subsection;

(ii) the approved providers of those services that

are within the school district served by the agency or

whose services are reasonably available in neighboring

school districts; and

(iii) a brief description of the services, qualifications, and demonstrated effectiveness of each such

provider;

(B) if requested, assist parents to choose a provider

from the list of approved providers maintained by the

State;

(C) apply fair and equitable procedures for serving

students if spaces at approved providers are not sufficient

to serve all students;

(D) not disclose to the public the identity of any student eligible for, or receiving, supplemental services under

this subsection without the written permission of the parents of the student.

(E) AGREEMENT.—In the case of the selection of a provider by a parent, the local educational agency shall enter

into an agreement with such provider. Such agreement

shall—

(i) require the local educational agency to develop,

with parents (and the provider they have chosen), a

statement of specific performance goals for the student, how the student’s progress will be measured,

and a timetable for improving achievement that, in

the case of a student with disabilities, is consistent

with the student’s individualized education program

under section 614(d) of the Individuals with Disabilities Education Act;

(ii) describe how the student’s parents and the

student’s teacher or teachers will be regularly informed of the student’s progress;

(iii) provide for the termination of such agreement

with a provider that is unable to meet such goals and

timetables; and

(iv) contain provisions with respect to the making

of payments to the provider by the local educational

agency;

(v) prohibit the provider from disclosing to the

public the identity of any student eligible for, or receiving, supplemental services under this subsection

without the written permission of the parents of such

student.

(4) STATE EDUCATIONAL AGENCY RESPONSIBILITIES.—Each

State educational agency shall—

(A) promote maximum participation by providers, in

consultation with local educational agencies, parents,

teachers, and other interested members of the public, to

ensure, to the extent practicable, that parents have as

many choices of those providers as possible;

745

(B) develop and apply objective criteria, consistent

with paragraph [(6)], to potential providers that are based

on a demonstrated record of effectiveness in increasing the

academic proficiency of students in subjects relevant to

meeting the State academic content and student achievement standards adopted under section 1111(b)(1);

(C) maintain an updated list of approved providers

across the State, by school district, from which parents

may select; and

(D) ensure supplemental services are provided the

school year following the date of enactment of the [NCLB

Act].

Report Language:

The Conferees intend for State educational agencies to

actively consider the inclusion of providers who can deliver

high-quality distance learning in order to meet the purposes

of this section.

381. The House bill and the Senate amendment require the

LEA, the provider, and the child’s parents to agree on the goals

and progress for the supplemental services provided, although the

Senate provision is in subsection (f)(2)(E) of the Senate amendment. Also see note 390.

HR/SR with amendment to strike language (see note

380)

382. The Senate amendment does not contain a similar provision.

HR/SR with amendment to strike language (see note

380)

383. The Senate amendment does not contain a similar provision, although the Senate amendment does generally reference the

relationship between the LEA and the supplemental service provider in subsection (f)(1)(C)—(FINANCIAL OBLIGATION OF LEA) and

(f)(2)(E) of the Senate amendment.

HR/SR with amendment to strike language (see note

380)

384. The House bill and the Senate amendment require each

LEA required to provide supplemental services (see note 378) to notify parents of the availability of supplemental services, with the

exception of some minor wording differences.

HR/SR with amendment to strike language (see note

380)

385. The House bill and the Senate amendment require the

LEA to notify parents of the eligible supplemental service providers, with the exception that the Senate amendment, but not the

House bill, requires notification to parents of those providers within the district or in neighboring districts.

HR/SR with amendment to strike language (see note

380)

386. The House bill does not contain a similar provision.

HR/SR with amendment to strike language (see note

380)

387. The Senate amendment requires LEAs to inform providers in that school district of the opportunity to provide supplemental services and of the procedures for getting SEA approval to

746

provide those services. The House bill contains a similar provision,

but requires the SEA to notify all providers of the opportunity to

provide services, not just those within a district, in subsection

(d)(5)(E) of the House bill.

HR/SR with amendment to strike language (see note

380)

388. See note 379.

HR/SR with amendment to strike language (see note

380)

389. The House bill does not contain a similar provision.

HR/SR with amendment to strike language (see note

380)

390. The Senate amendment, but not the House bill, requires

the child’s parents to be informed of the child’s progress on a regular basis (however, see House bill subparagraph (6)(A) regarding

parental information required) (see note 400) and the supplemental

services are consistent with a child’s IEP under IDEA. Otherwise

see note 381.

HR/SR with amendment to strike language (see note

380)

391. The House bill does not contain a similar provision.

HR/SR with amendment to strike language (see note

380)

392. The House bill and the Senate amendment require consultation carrying out the responsibilities detailed in the following

subparagraphs, although the Senate amendment, but not the

House bill, contains more entities that shall be consulted.

HR/SR with amendment to strike language (see note

380)

393. The House bill and the Senate amendment are similar

with the exceptions that the House bill, but not the Senate amendment, requires consultation with LEAs and with minor wording differences.

HR/SR with amendment to strike language (see note

380)

394. The House bill and Senate amendment are generally similar in terms of requiring the SEA to develop criteria by which to

judge the eligibility of supplemental service providers to participate. However, the Senate amendment, but not the House bill,

adds the word ‘‘objective’’ before ‘‘criteria’’. In addition, the Senate

amendment, but not the House bill, specifically references standards developed pursuant to section 1111 of Title I, while the House

bill references these standards in paragraph (d)(1) and generally in

subparagraph (d)(6)(B).

HR/SR with amendment to strike language (see note

380)

395. The Senate amendment, but not the House bill, requires

the SEA to maintain a list of supplemental service providers in the

LEAs that must make supplemental services available.

HR/SR with amendment to strike language (see note

380)

396. The House bill and the Senate amendment require the

SEA to develop standards and techniques to monitor the performance of supplemental service providers and to withdraw SEA apVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00750 Fmt 6601 Sfmt 6601 E:\HR\OC\A334HR.320 pfrm07 PsN: A334HR
747

proval if such standards are not being met by the providers. The

Senate amendment, but not the House bill, requires the SEA to

publicly report on the nature of the services offered by supplemental service providers. In addition, the Senate amendment, but

not the House bill, refers to subparagraph (B) regarding standards.

See note 394.

HR with an amendment to strike ‘‘develop and implement’’ and strike ‘‘publicly report on,’’ and insert as the first

clause in (D) ‘‘develop, implement, and publicly report on’’. 397. See note 387.

SR

398. The Senate amendment requires the SEA to ensure supplemental service providers meet the codes listed. The House bill

contains a similar provision, with the exception that the House bill,

but not the Senate amendment, also includes civil-rights laws.

However, the House bill provision is in subsection (d)(6)(C). See

note 402.

SR

399. The Senate amendment does not contain a similar provision, however similar elements can be found throughout the Senate

amendment. See the following notes for cross-references.

SR

400. The Senate amendment does not contain a substantially

similar provision, however, see note 390 regarding information required to be provided to parents on the progress of their child.

SR

401. See note 382.

SR with an amendment to insert ‘‘and is aligned with

academic achievement standards’’ after ‘‘and State,’’ in (B).

402. See note 398.

SR

403. The Senate amendment does not contain a similar provision.

SR

404. The House bill, but not the Senate amendment, sets a

limit on the administration and cost of providing supplemental

services to 40 percent of the Title I, part A, subpart 2 per child allocation for each school identified as having failed to meet adequate

yearly progress for 3 years (see note 378). The House bill defines

‘‘per child allocation’’ in subparagraph (d)(10)(D). The Senate

amendment, but not the House bill, establishes the maximum

amount a LEA shall pay for supplemental services for each child

receiving services as either the LEA’s Title I, part A, subpart 2 allocation divided by the number of low-income students in the district, or the actual cost of the services received, whichever is less.

HR with amendment to insert after ‘‘low-income families’’ the following: ‘‘(which, for the purposes of this subparagraph shall mean poverty as used by the Census)’’

405. The House bill does not contain a similar provision.

HR

406. The House bill does not contain a similar provision. However, see notes 380 and 383.

HR/SR with amendment to strike language (see note

380)

748

407. The House bill, but not the Senate amendment, allows an

LEA to use up to 15% of its Title I, part A, subpart 2 allocation

to pay for transportation costs associated with providing supplemental services. The Senate amendment, but not the House bill, allows an LEA to use not more than 15% of its Title I, part A, subpart 2 allocation for supplemental services as well as transportation costs related to public school choice transportation costs referenced in subsection (c)(9) of the Senate amendment. See note

326.

HR with amendment to strike ‘‘15 percent’’ and insert ‘‘5

percent’’ and to strike ‘‘or to provide . . . (c)(9)’’ and for LC

to add a reference to the ‘‘flex pot’’ at note 326.

408. The House bill does not contain a similar provision. However, see note 404.

HR

409. The House bill does not contain a similar provision.

HR

410. The House bill does not contain a similar provision.

HR

411. The Senate amendment does not contain a similar provision in Title I, part A. However, the Senate amendment contains

a provision in section 5331(b)(1)(Q) which authorizes LEAs to use

Innovative Program Strategies funds to help pay the costs of supplementary services.

SR

412. The Senate amendment does not contain a similar provision.

SR

413. The Senate amendment does not contain a similar provision.

SR with amendment:

‘‘(9) DURATION.—The local educational agency shall continue to provide supplemental educational services to a child

receiving such services under this subsection until the end of

the school year in which such services were received.’’

414. The Senate amendment does not contain a similar provision.

SR

415. The House bill and the Senate amendment are generally

similar in the definition of supplemental services. However, the

Senate amendment, but not the House bill, includes in the definition the words ‘‘high quality, research-based, focused on academic

content’’. In addition, the House bill defines the services as designed to help the student increase achievement on the assessments required under section 1111 of Title I, while the Senate

amendment defines the services as directed at raising student proficiency on the State’s standards generally.

SR with an amendment to insert the following:

‘‘(B) ‘supplemental educational services’ means tutoring and other supplemental academic enrichment services

that are—

‘‘(i) in addition to instruction provided during the

school day; and

749

‘‘(ii) are of high quality, research-based, and specifically designed to increase the academic achievement of eligible children on the academic assessments

required under section 1111 and attain proficiency in

meeting the State’s academic achievement standards;’’ 416. The Senate amendment does not contain a similar provision.

SR with an amendment to strike subparagraph (C) and

insert the following: ‘‘(C) ‘provider’ means a non-profit entity, a for-profit

entity, or a local educational agency which has a demonstrated record of effectiveness in increasing student academic achievement, and is capable of providing supplemental instructional services that are consistent with the

instructional program of the local educational agency and

the academic standards described under section 1111, and

is financially sound.’’ 417. The Senate amendment does not contain a similar provision regarding fiscal management.

SR

418. The Senate amendment does not contain a similar provision. However, also see note 407.

HR

419. The Senate amendment does not contain a similar provision.

SR

420. The House bill does not contain a similar provision.

HR with amendment to strike paragraph (4) and insert

the following: ‘‘(4) WAIVER.—(A) At the request of a local educational

agency, a State educational agency may waive, in whole or in

part, the requirement of this subsection to provide supplemental services if the State educational agency determines

that—

‘‘(i) none of the providers of those services on the list

approved by the State educational agency under [paragraph (5)] makes those services available in the area

served by the local educational agency or within a reasonable distance of that area; and

‘‘(ii) the local educational agency provides evidence

that it is not able to provide those services.

‘‘(B) The State educational agency shall notify the local

educational agency, within 30 days of receiving the local educational agency’s request for a waiver, whether the request is

approved or disapproved. If the waiver is disapproved, the

State educational agency shall respond in writing within the

same time frame with the reasons for the disapproval.’’

421. The House bill does not contain a similar provision.

HR with amendment to strike paragraph (5) and insert

the following:

‘‘(5) SPECIAL RULE.—If State law prohibits a State educational agency from carrying out one or more of its responsibilities under [paragraph (5)] with respect to those who provide, or seek approval to provide, supplemental services, each

750

local educational agency in the State shall carry out those responsibilities with respect to its students who are eligible for

those services.’’ 422. The Senate amendment does not contain a similar provision.

SR with amendment:

(f) SCHOOLS FUNDED BY THE BUREAU OF INDIAN AFFAIRS.— (1) ADEQUATE YEARLY PROGRESS FOR BUREAU FUNDED

SCHOOLS.—

(A) (i) DEVELOPMENT OF DEFINITION.—The Secretary of

the Interior, in consultation with the Secretary of Education if the Secretary of Interior requests it, using the

process set out in section 1138A [LC] of the Education

Amendments of 1978 (25 U.S.C. 2001) [negotiated rulemaking for Bureau schools], shall define adequate yearly

progress, consistent with section 1111(b), for the schools

funded by the Bureau of Indian Affairs on a regional or

tribal basis, as appropriate, taking into account the unique

circumstances and needs of such schools and the students

served by such schools.

(ii) The Secretary of the Interior, consistent with

clause (i), may use the definition of adequate yearly

progress that the State in which the school that is funded

by the Bureau is located uses consistent with section

1111(b), or in the case of schools that are located in more

than one State, the Secretary of the Interior may use

whichever State definition of adequate yearly progress

that best meets the circumstances and needs of such

school or schools and the students they serve.

(B) WAIVER.—The tribal governing body or school

board of a school funded by the Bureau of Indian Affairs

may waive, in part or in whole, the definition of adequate

yearly progress established pursuant to paragraph (A)

where such definition is deemed by such body or school

board to be inappropriate. If such definition is waived, the

tribal governing body or school board shall, within 60 days

thereafter, submit to the Secretary of Interior a proposal

for an alternative definition of adequate yearly progress,

consistent with section 1111(b), that takes into account the

unique circumstances and needs of such school or schools

and the students served. The Secretary of the Interior, in

consultation with the Secretary of Education if the Secretary of Interior requests it, shall approve such alternative definition unless the Secretary determines that the

definition does not meet the requirements of section

1111(b), having taken into account the unique circumstances and needs of such school or schools and the

students served.

(C) TECHNICAL ASSISTANCE.—The Secretary of Interior

shall, in consultation with the Secretary of Education if

the Secretary of Interior requests it, either directly or

through a contract, provide technical assistance, upon request, to a tribal governing body or school board of a

school funded by the Bureau of Indian Affairs that seeks

751

to develop an alternative definition of adequate yearly

progress.

(2) ACCOUNTABILITY FOR BIA SCHOOLS.—For the purposes

of this section, schools funded by the Bureau of Indian Affairs

shall be considered schools subject to subsection (b), as specifically provided for in this subsection, except that such schools

shall not be subject to subsections (b)(1)(E) [public school

choice], (b)(9), (b)(10), (c) and (d).

(3) SCHOOL IMPROVEMENT FOR BUREAU SCHOOLS.— (A) CONTRACT AND GRANT SCHOOLS.—For a school

funded by the Bureau of Indian Affairs which is operated

under a contract issued by the Secretary of the Interior

pursuant to the Indian Self-Determination Act [25 USC

450 et seq.] or under a grant issued by the Secretary of the

Interior pursuant to the Tribally Controlled Schools Act

[25 USC 2501 et seq.], the school board of such school shall

be responsible for meeting the requirements of subsection

(b) relating to development and implementation of any

school improvement plan as described in subsection(b)(1)

through (b)(3) and subsection (b)(5), except subsection

(b)(1)(E)[public school choice]. The Bureau of Indian Affairs shall be responsible for meeting the requirements of

subsection (b)(4) relating to technical assistance.

(B) BUREAU OPERATED SCHOOLS.—For schools operated

by the Bureau of Indian Affairs, the Bureau shall be responsible for meeting the requirements of subsection (b)

relating to development and implementation of any school

improvement plan as described in subsection(b)(1) through

(b)(5) except subsection (b)(1)(E)[public school choice].

(4) CORRECTIVE ACTION AND RESTRUCTURING FOR BUREAU

FUNDED SCHOOLS. (A) CONTRACT AND GRANT SCHOOLS.—For a school

funded by the Bureau of Indian Affairs which is operated

under a contract issued by the Secretary of the Interior

pursuant to the Indian Self-Determination Act [25 USC

450 et seq.] or under a grant issued by the Secretary of the

Interior pursuant to the Tribally Controlled Schools Act

[25 USC 2501 et seq.], the school board of such school shall

be responsible for meeting the requirements of subsection

(b) relating to corrective action and restructuring as described in subsection (b)(7) and (b)(8). Any action taken by

such school board under subsection (b)(7) or (b)(8) shall

take into account the unique circumstances and structure

of the Bureau of Indian Affairs-funded school system and

the laws governing that system.

(B) BUREAU OPERATED SCHOOLS.—For schools operated

by the Bureau of Indian Affairs, the Bureau shall be responsible for meeting the requirements of subsection (b)

relating to corrective action and restructuring as described

in subsection (b)(7) and (b)(8). Any action taken by the Bureau under subsection (b)(7) or (b)(8) shall take into account the unique circumstances and structure of the Bureau of Indian Affairs-funded school system and the laws

governing that system.

752

(5) ANNUAL REPORT.—On an annual basis, the Secretary of

the Interior shall report to the Secretary of Education and to

the [House and Senate Committees] regarding any schools

funded by the Bureau of Indian Affairs which have been identified for school improvement. Such report shall include—

(A) the identity of each school;

(B) a statement from each affected school board regarding the factors that lead to such identification; and

(C) an analysis by the Secretary of the Interior, in consultation with the Secretary of Education if the Secretary

of Interior requests it, as to whether sufficient resources

were available to enable such school to achieve adequate

yearly progress.

423. The House bill does not contain a similar provision.

HR with amendment to strike subsection (g) and insert

new subsection (g):

‘‘(g) OTHER AGENCIES.—Pursuant to the notification described

in subsection (c)(13)(C), the Secretary may notify, to the extent feasible and necessary as determined by the Secretary, other relevant

Federal agencies regarding the major factors determined by the

State educational agency that have significantly impacted student

achievement.’’

424. The House bill, but not the Senate amendment, makes a

number of changes to current law by adding LEAs, changing the

references to standards and omitting paragraph (2) of subsection

(a) of current law. The Senate amendment retains current law.

HR/SR with amendment to strike all and insert the following:

SEC. 107. SCHOOL SUPPORT AND RECOGNITION.

Section 1117 is amended to read as follows:

‘‘SEC. 1117. SCHOOL SUPPORT AND RECOGNITION.

‘‘(a) SYSTEM FOR SUPPORT.—Each State shall establish a statewide system of intensive and sustained support and improvement

for local educational agencies and schools receiving funds under

this part, in order to increase the opportunity for all students in

those agencies and schools to meet the State’s academic content

standards and student academic achievement standards.

‘‘(1) PRIORITIES.—In carrying out this subsection, a State

shall—

‘‘(A) first, provide support and assistance to local educational agencies subject to corrective action under section

1116 and assist schools, in accordance with section

1116(b)(11), for which a local educational agency has failed

to carry out its responsibilities under paragraphs (7) and

(8) of section 1116(b);

‘‘(B) second, provide support and assistance to other

local educational agencies identified as in need of improvement under section 1116(b); and

‘‘(C) third, provide support and assistance to other

local educational agencies and schools participating under

this part that need that support and assistance in order to

achieve the purpose of this part.

753

‘‘(2) REGIONAL CENTERS.—Such a statewide system shall,

to the extent practicable, work with and receive support and

assistance from the comprehensive regional technical assistance centers and the regional educational laboratories under

section 941(h) of the Educational Research, Development, Dissemination, and Improvement Act of 1994, or other providers

of technical assistance. ‘‘(3) PROVISIONS.—The system shall include at a minimum,

the following: ‘‘(A) APPROACHES.— ‘‘(i) IN GENERAL.—In order to achieve the purpose

described in subsection (a), each such system shall

give priority to using funds made available to carry

out this section— ‘‘(I) to establish school support teams for assignment to and working in schools in the State

that are described in subsection (a)(1)(A) which

shall be composed of persons knowledgeable about

scientifically based research and practice on teaching and learning and about successful schoolwide

projects, school reform, and improving educational

opportunities for low-achieving students,

including—

‘‘(aa) highly qualified or distinguished

teachers and principals; ‘‘(bb) pupil services personnel;

‘‘(cc) parents;

‘‘(dd) representatives of institutions of

higher education; ‘‘(ee) regional educational laboratories or

comprehensive regional technical assistance

centers; ‘‘(ff) outside consultant groups; or

‘‘(gg) other individuals as the State educational agency, in consultation with the local

educational agency, may determine appropriate.

‘‘(II) to provide such support as the State educational agency determines to be necessary and

available to assure the effectiveness of such

teams.

‘‘(III) FUNCTIONS.—Each school support team

assigned to a school under this section shall—

‘‘(aa) review and analyze all facets of the

school’s operation, including the design and

operation of the instructional program, and

assist the school in developing recommendations for improving student performances in

that school; ‘‘(bb) collaborate, with parents and school

staff and the local educational agency serving

the school, in the design, implementation, and

monitoring of a plan that, if fully implemented, can reasonably be expected to imVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00757 Fmt 6601 Sfmt 6601 E:\HR\OC\A334HR.323 pfrm07 PsN: A334HR
754

prove student performance and help the

school meet its goals for improvement, including adequate yearly progress under section

1111(b)(2)(B); ‘‘(cc) evaluate, at least semiannually, the

effectiveness of school personnel assigned to

the school, including identifying outstanding

teachers and principals, and make findings

and recommendations to the school, the local

educational agency, and, where appropriate,

the State educational agency; and ‘‘(dd) make additional recommendations

as the school implements the plan described

in clause (ii) to the local educational agency

and the State educational agency concerning

additional assistance that is needed by the

school or the school support team. ‘‘(ii) CONTINUATION OF ASSISTANCE.—After 1 school

year, the school support team, in consultation with the

local educational agency, may recommend that the

school support team continue to provide assistance to

the school, or that the local educational agency or the

State educational agency, as appropriate, take alternative actions with regard to the school. ‘‘(iii) the designation and use of ‘Distinguished

Teachers and Principals’, chosen from schools served

under this part that have been especially successful in

improving academic achievement. ‘‘(iv) ALTERNATIVES.—The State may devise additional approaches to providing the assistance described in subsection (a), such as providing assistance

through institutions of higher education and educational service agencies or other local consortia, and

private providers of scientifically based technical assistance.

‘‘(b) STATE RECOGNITION.— ‘‘(1) ESTABLISHMENT OF ACADEMIC ACHIEVEMENT AWARDS

PROGRAM.—

‘‘(A) IN GENERAL.—Each State receiving a grant under

this part shall establish a program for making academic

achievement awards to recognize and, as appropriate and

as funds are available under subsection (c)(3)(A), may financially reward schools served under this part that

have— ‘‘(i) significantly closed the achievement gap between the groups of students defined in section

1111(b)(2); or ‘‘(ii) exceeded their adequate yearly progress goals,

consistent with section 1111(b)(2), for 2 or more consecutive years.

‘‘(B) DISTINGUISHED SCHOOLS.—Of those schools meeting the criteria described in subparagraph (A), each State

shall designate as distinguished schools those schools that

have made the greatest gains in closing the achievement

755

gap as described in clause (i) or exceeding adequate yearly

progress as described in clause (ii). Such designated

schools may serve as models and provide support to other

schools, especially schools identified for improvement

under section 1116, to assist such schools in meeting the

State’s academic content standards and student academic

achievement standards. ‘‘(C) AWARDS TO TEACHERS.—A State program under

paragraph (A) may also recognize and provide financial

awards to teachers teaching in a school described in such

paragraph that consistently makes significant gains in

academic achievement in the areas in which the teacher

provides instruction, or to teachers or principals designated as distinguished under subsection (a)(3)(A)(iii). ‘‘(c) FUNDS.—Each State— ‘‘(1) shall use funds reserved under section 1003(a) and

may use funds made available under section 1002(j) for the approaches described under subsection (a)(3)(A). ‘‘(2) shall use State administrative funds authorized under

section 1002(i) for such purpose to establish a Statewide system of support described under subsection (a) and ‘‘(3)(A) RESERVATION OF FUNDS BY STATE.— ‘‘(i) For the purpose of carrying out subparagraphs (A),

(B), or (C) of subsection (b), each State receiving a grant

under this part may reserve, from the amount (if any) by

which the funds received by the State under this part for

a fiscal year exceed the amount received by the State

under this part for the preceding fiscal year, not more than

5 percent of such excess amount; and ‘‘(ii) For the purpose of carrying out subparagraph (C) of

subsection (b), a State educational agency may reserve

funds as necessary from [State activity reference] under

Title II.

‘‘(B) USE WITHIN 3 YEARS.—Notwithstanding any other provision of law, the amount reserved under paragraph (A) by a

State for each fiscal year shall remain available to the State

until expended for a period not exceeding 3 years.

‘‘(C) SPECIAL ALLOCATION RULE FOR SCHOOLS IN HIGH-POV- ERTY AREAS.— ‘‘(i) IN GENERAL.—Each State shall distribute at least

75 percent of the amount reserved under paragraph (A) for

each fiscal year to schools described in subparagraph (A),

or to teachers consistent with subsection (b)(1)(C).

‘‘(ii) SCHOOL DESCRIBED.—A school described in subparagraph) (i) is a school whose student population is in

the highest quartile of schools statewide in terms of the

percentage of children from low income families.

425. The House bill and the Senate amendment are similar except the House bill refers to the State, while the Senate amendment refers to the SEA. There are also technical differences in

cross-references.

HR/SR with amendment (see note 424)

426. The House bill and the Senate amendment are similar

with a technical difference in cross-references. The House bill only

756

refers to LEAs, while the Senate amendment refers to both LEAs

and schools.

HR/SR with amendment (see note 424)

427. The House bill and the Senate amendment are the same.

HR/SR with amendment (see note 424)

428. The House bill does not contain this provision.

HR/SR with amendment (see note 424)

429. The House bill refers to technical assistance to support

the approaches listed while the Senate amendment refers to giving

priority to using available funds for the approaches listed.

HR/SR with amendment (see note 424)

430. Both the House bill and the Senate amendment refer to

school support teams. However, there are major differences: (1) The

Senate amendment, but not the House bill, refers to the assignment and working of such teams in schools described in subsection

(a)(3(A); (2) The House bill, but not the Senate amendment, refers

to scientifically based research and practice on teaching and learning; (3) The Senate amendment, but not the House bill, refers to

schoolwide projects and school reform; (4) The House bill refers to

‘‘educational results’’, while the Senate amendment refers to ‘‘educational opportunities’’; and (5) The Senate amendment, but not

the House bill, contains a specific list of required individuals.

HR/SR with amendment (see note 424)

431. The House bill does not contain a similar provision.

HR/SR with amendment (see note 424)

432. The House bill does not contain similar provisions. The

Senate amendment, but not the House bill, makes a number of

changes to current law. Clauses (i) and (ii) of the Senate amendment are in current law. The Senate amendment adds the functions in clauses (iii) and (iv).

HR/SR with amendment (see note 424)

433. The House bill does not contain similar provisions. The

Senate amendment, but not the House bill, makes a number of

changes to current law. The Senate amendment allows States to

identify any school served under the part as a distinguished school,

while current law refers to only those schools that have exceeded

the State’s adequate yearly progress definition for 3 consecutive

years. The Senate amendment also makes a technical change adding a parenthesis and expands distinguished educators to teachers

and principals.

HR/SR with amendment (see note 424)

434. The House bill, but not the Senate amendment, refers to

‘‘Distinguished Educators’’ chosen from schools served under this

part. The House bill and the Senate amendment are similar as to

the criteria of academic achievement. The Senate amendment, but

not the House bill, refers to State recognition and provision of financial awards to teachers and principals.

HR/SR with amendment (see note 424)

435. The House bill does not contain these provisions.

HR/SR with amendment (see note 424)

436. The House bill, but not the Senate amendment, makes a

number of changes to current law by changing the wording, uses

and cross-references in subsection (d) and by changing cross-refVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00760 Fmt 6601 Sfmt 6601 E:\HR\OC\A334HR.325 pfrm07 PsN: A334HR
757

erences in subsection (e). The Senate amendment retains current

law.

HR/SR with amendment (see note 424)

437. The Senate amendment does not contain a similar section.

HR/SR with amendment (see note 424)

438. The House bill does not contain a similar section.

HR with amendment to move language to Title VI, part

A with amendments to language (See note 45 of Title VII).

439. The House bill and the Senate amendment retain current

law with no changes.

LC

440. The House bill does not contain the Senate amendment’s

change to current law. Otherwise, the House bill and the Senate

amendment retain current law with no other changes.

HR

441. The House bill, but not the Senate amendment, makes a

number of changes to current law by adding a reference to Early

Reading First in subparagraph (D), replacing subparagraphs (E)

and (F) of current law with subparagraphs (E) and (F) of the House

bill. The Senate amendment retains current law unchanged

through subparagraph (F).

SR with amendment to strike subparagraph (E) and insert: ‘‘(E) conduct, with the involvement of parents, an annual evaluation of the content and effectiveness of the parental involvement policy in improving the academic quality of the schools served under this part, including identifying barriers to greater participation by parents in activities authorized by this section, including giving particular

attention to parents who are economically disadvantaged,

are disabled, have limited English proficiency, have limited literacy, or are of any racial or ethnic minority background, and use findings of such evaluation to design

strategies for more effective parental involvement, and to

revise, if necessary, the parental involvement policies described in this section; and’’

442. The House bill and the Senate amendment retain current

law with no changes in subparagraphs (A) and (B). The House bill,

but not the Senate amendment, contains a new subparagraph (C)

regarding the requirement that 95 percent of funds must be distributed to schools served under this part.

SR

443. The House bill does not contain similar provisions.

SR

444. The House bill, but not the Senate amendment, conditions

the provision of notice to parents in a language they can understand ‘‘to the extent practicable’’ and includes the format parents

can understand.

SR with an amendment to conform parental information

with note #168

445. The House bill does not contain this provision.

HR

446. The House bill and the Senate amendment retain current

law with no substantive changes through paragraph (c)(3).

758

LC

447. The House bill, but not the Senate amendment, makes a

number of changes to current law through subsection (e). The Senate amendment retains current law. The House bill strikes subparagraphs (B), (D) and (E) from current law in paragraph (4). In

addition, the House bill eliminates school-parent compacts in current law in subsection (d), changes references to assessments and

changes cross-references in paragraph (5).

SR with amendment to strike paragraph (4) and insert

the following: ‘‘(4) provide parents of participating children— ‘‘(A) timely information about programs under this

part;‘‘(B) a description and explanation of the curriculum in

use at the school, the forms of academic assessment used

to measure student progress, and the proficiency levels

students are expected to meet; and ‘‘(C) if requested by parents, opportunities for regular

meetings to formulate suggestions and to participate, as

appropriate, in decisions relating to the education of their

children, and respond to any such suggestions as soon as

practicably possible; and’’. And with amendment to strike subsection (d) and to replace with current law subsection (d).

448. Both the Senate amendment and the House bill strike the

reference to National Education Goals. The House bill refers to

‘‘participating parents’’, while the Senate amendment refers to the

parents of children served. The Senate amendment, but not the

House bill, conditions the provision ‘‘as appropriate’’. HR

449. The Senate amendment does not contain a similar provision. The House bill, but not the Senate amendment, makes a number of changes to current law. The Senate amendment retains current law with the exception of the addition of a new subparagraph

(C). See next note.

SR with an amendment to insert ‘‘such as literacy training and using technology, as appropriate, to foster parental

involvement;’’ to the end of paragraph (2).

450. The House bill does not contain a similar provision.

SR

451. The House bill, but not the Senate amendment, makes a

number of changes to current law by changing ‘‘home’’ to ‘‘parents’’

in paragraph (3), adding references in paragraph (4), adding ‘‘parents’’ in paragraph (5) (current law (7)), adding understandable

language requirements in paragraph (6) (current law (8)), omitting

current law paragraphs (6) and (12), and omitting words from paragraphs (9) (current law (11)) and (11) (current law (14)). The Senate amendment retains current law unchanged through paragraph

(14).

SR with amendment to strike paragraphs (4) and (10)

and insert the following:

‘‘(4) shall, to the extent feasible and appropriate, coordinate and integrate parent involvement programs and activities

with Head Start, Reading First, Early Reading First, Even

759

Start, the Home Instruction Programs for PreSchool Youngsters, the Parents as Teachers Program, public pre-school and

other programs, and conduct other activities, such as parent

resource centers, that encourage and support in more fully participating in the education of their children.’’ ‘‘(10) may arrange school meetings at a variety of times or

conduct in-home conferences between teachers or other educators, who work directly with participating children, with parents who are unable to attend such conferences at school, in

order to maximize parental involvement and participation;’’. 452. The House bill and the Senate amendment are similar except that the House bill refers to the ‘‘part’’, while the Senate

amendment refers to the ‘‘section’’, which limits the Senate amendment provision as compared to the House bill.

SR

453. The House bill, but not the Senate amendment, makes a

change to current law. The Senate amendment retains current law.

SR

454. The House bill does not contain a similar provision.

HR with an amendment to strike ‘‘which may . . . technologies’’ in (16)

455. The House bill and the Senate amendment refer to ‘‘parents of migratory children’’. Otherwise, the House bill, but not the

Senate amendment, makes a number of changes to current law.

The Senate amendment retains current law.

SR

456. The House bill does not contain similar provisions.

HR with amendment to strike all after ‘‘existence and

purpose of such centers’’ in subsection (g) and to retain subsection (h).

457. The House bill, but not the Senate amendment, makes a

number of changes to current law. The Senate amendment retains

current law. In addition, see also Senate provisions regarding

teacher quality programs in Title II.

SR with amendment to strike ‘‘fully’’ before ‘‘qualified’’

and insert ‘‘highly’’ in (a)(1) and to strike ‘‘1 year or more’’

in (b)(1), insert ‘‘State or local’’ after ‘‘formal’’ in (b)(1)(C),

strike ‘‘before the date that is 1 year’’ and strike ‘‘3’’ and replace with ‘‘4’’ after ‘‘not later than’’ in (c), strike ‘‘only’’ in

(f)(2), strike ‘‘fully qualified’’ before ‘‘teacher’’ and insert

‘‘consistent with 1119’’ after ‘‘teacher’’ in (f)(3)(A), strike

(f)(3)(B) and strike (g)(2).

Insert as new subsection (f)(3)(B) the following:

‘‘(B) may assume limited duties that are assigned to

similar personnel who are not so paid, including duties beyond classroom instruction or that do not benefit participating children, so long as the amount of time spent on

such duties is the same proportion of total work time as

prevails with respect to similar personnel at the same

school.’’

Insert as new subsections (a) and (b) and redesignate

subsequent subsections accordingly (make changes indicated above first, strike subsection (a), and then add the following new language):

760

‘‘SEC. 1119. QUALIFICATIONS FOR TEACHERS AND PARAPROFESSIONALS.

‘‘(a) TEACHERS QUALIFICATIONS AND MEASURABLE OBJECTIVES.—

‘‘(1) IN GENERAL.—Beginning with the first school year

after the effective date of this Act, each local educational agency receiving assistance under this part shall ensure that all

teachers hired and teaching in a program supported with funds

under this part are highly qualified.

‘‘(2) STATE PLAN.—As part of the plan described in section

1111, each State educational agency receiving assistance under

this part shall develop and submit to the Secretary a plan to

ensure that all teachers teaching within the State are highly

qualified not later than the end of the 2005–2006 school year.

Such plan shall establish annual measurable objectives for

each local educational agency and school, that, at a

minimum—

‘‘(A) shall include an annual increase in the percentage of highly qualified teachers at each local educational

agency and school, to ensure that all teachers teaching in

core academic subjects in each public elementary school

and secondary school are highly qualified not later than

the end of the 2005–2006 school year;

‘‘(B) shall include an annual increase in the percentage of teachers who are receiving high-quality professional

development to enable such teachers to become highly

qualified and successful classroom teachers; and

‘‘(C) may include such other measures as the State

educational agency deems appropriate to increase teacher

qualifications.

‘‘(3) LOCAL PLAN.—As part of the plan described in section

1112, each local educational agency receiving assistance under

this part shall develop and submit to the State educational

agency a plan to ensure that all teachers teaching within the

local educational agency and each school are highly qualified

not later than the end of the 2005–2006 school year.

‘‘(b) REPORTS.—

‘‘(1) ANNUAL STATE AND LOCAL REPORTS.—

‘‘(A) Each State educational agency described under

subsection (a) shall require each local educational agency

receiving funds under this part to publicly report, each

year, beginning in the 2002–2003 school year, the annual

progress of the local educational agency as a whole and of

each of its schools, in meeting the measurable objectives

described in subsection (a)(2).

‘‘(B) Each State educational agency receiving assistance under this part shall prepare and submit each year,

beginning in the 2002–2003 school year, a report to the

Secretary, describing the State educational agency’s

progress in meeting the measurable objectives described in

subsection (a)(2).

‘‘(C) A State or local educational agency may submit

information from the reports described in section

1111[(h)—LC] for the purposes of this subsection, if such

761

report is modified, as may be necessary, to contain the information required by this subsection, and may submit

such information as a part of the reports required under

section 1111[(h)—LC].

‘‘(2) ANNUAL REPORTS BY THE SECRETARY.—Each year, beginning in the 2002–2003 school year, the Secretary shall publicly report the annual progress of State educational agencies,

local educational agencies, and schools in meeting the measurable objectives described in subsection (a)(2), including the information submitted pursuant to paragraph (1)(B).’’

458. The House bill, but not the Senate amendment, includes

this provision, which the Senate amendment does not. The Senate

amendment retains current law.

(Notes 458–469).

HR/SR with an agreement to move redrafted definition

of ‘‘Professional Development’’ to General Provisions. (See

Teacher Offer notes 174–193).

459. The Senate amendment, but not the House bill, refers to

supporting professional development activities and includes paraprofessionals, pupil services personnel, and parents. See note 40 regarding references to standards.

HR/SR with an agreement to move redrafted definition

of ‘‘Professional Development’’ to General Provisions. (See

Teacher Offer notes 174–193).

460. The Senate amendment does not contain this provision.

HR/SR with an agreement to move redrafted definition

of ‘‘Professional Development’’ to General Provisions. (See

Teacher Offer notes 174–193).

461. The House bill and the Senate amendment are similar

with the exception that the House bill, but not the Senate amendment, refers to ‘‘scientifically based’’ research.

HR/SR with an agreement to move redrafted definition

of ‘‘Professional Development’’ to General Provisions. (See

Teacher Offer notes 174–193).

462. The Senate amendment does not contain similar provisions and instead retains current law.

HR/SR with an agreement to move redrafted definition

of ‘‘Professional Development’’ to General Provisions. (See

Teacher Offer notes 174–193).

463. The Senate amendment, but not the House bill, contains

an exception to the prohibition.

HR/SR with an agreement to move redrafted definition

of ‘‘Professional Development’’ to General Provisions. (See

Teacher Offer notes 174–193).

464. Both the House bill and the Senate amendment strike the

reference to Title III of the Goals Act, which the House bill does

by striking the entire subparagraph referenced by the Senate

amendment.

HR/SR with an agreement to move redrafted definition

of ‘‘Professional Development’’ to General Provisions. (See

Teacher Offer notes 174–193).

465. The Senate amendment does not contain similar provisions.

762

HR/SR with an agreement to move redrafted definition

of ‘‘Professional Development’’ to General Provisions. (See

Teacher Offer notes 174–193).

466. The House bill and the Senate amendment are the same

with minor wording differences.

HR/SR with an agreement to move redrafted definition

of ‘‘Professional Development’’ to General Provisions. (See

Teacher Offer notes 174–193).

467. The House bill and the Senate amendment are substantially the same.

HR/SR with an agreement to move redrafted definition

of ‘‘Professional Development’’ to General Provisions. (See

Teacher Offer notes 174–193).

468. The House bill does not contain a similar provision.

HR/SR with an agreement to move redrafted definition

of ‘‘Professional Development’’ to General Provisions. (See

Teacher Offer notes 174–193).

469. The House bill, but not the Senate amendment, makes a

number of changes to current law by redesignating current law

paragraph (2) as subsection (c), omitting current law paragraphs

(G), (H), and (I), changing the references to and uses of assessment

assessments in paragraph (1), and by changing a change in subsection (d). The Senate amendment retains current law.

HR/SR with an agreement to move redrafted definition

of ‘‘Professional Development’’ to General Provisions. (See

Teacher Offer notes 174–193).

470. Both the House bill and the Senate amendment strike the

reference to Goals 2000. Otherwise, the House bill, but not the Senate amendment, makes changes to current law by referring to ‘‘consolidation’’. The Senate amendment retains current law.

HR

471. The House bill, but not the Senate amendment, makes a

number of changes to current law by omitting current law paragraphs (1) and (d) of subsection (h). The Senate amendment retains

current law.

SR

472. The House bill does not contain a similar provision.

HR with amendment to strike subsection (j) and insert

as new subsection (j):

‘‘(j) Each local educational agency that receives funds under

this part shall use not less than 5 percent or more than 10 percent

of such funds for each of fiscal years 2002 and 2003, and not less

than 5 percent of the funds for each subsequent fiscal year, for professional development activities to ensure that teachers who are

not highly qualified become highly qualified not later than the end

of the 2005–2006 school year.’’

473. The House bill and the Senate amendment are substantially the same regarding addressing the needs and ensuring participation of teachers and families in the activities of the sections

indicated, with a technical differences in cross-references.

LC

474. The House bill and the Senate amendment retain current

law with no changes.

LC

763

LC

475. The House bill and the Senate amendment are the same

regarding the timely provision of services and benefits.

LC

476. The House bill and the Senate amendment are similar regarding the LEA determination.

LC

477. The House bill, but not the Senate amendment, makes a

change to current law by replacing ‘‘shall’’ with ‘‘may’’. The Senate

amendment retains current law.

HR

478. The House bill and the Senate amendment retain current

law with no changes.

LC

479. The House bill and the Senate amendment are the same.

LC

480. The House bill and the Senate amendment are the same

with a minor wording difference.

LC

481. The House bill, but not the Senate amendment, makes

changes to current law by referring to ‘‘funds generated . . .’’. The

Senate amendment retains current law.

HR

482. The Senate amendment does not contain this provision.

SR

483. The House bill and the Senate amendment are similar

with minor wording differences.

LC

484. The House bill, but not the Senate amendment, makes a

number of changes to current law by including and describing

‘‘meetings’’. The Senate amendment retains current law.

SR

485. The House bill and the Senate amendment retain current

law with no substantive changes.

LC

486. The House bill and the Senate amendment are similar,

except the Senate amendment, but not the House bill, contains a

description of what the LEA shall do if a private school declines to

participate and the requirement of the LEA to notify the private

school each year of the opportunity to participate.

HR/SR with amendment to strike paragraph (4) and insert new paragraph (4):

‘‘(4) DOCUMENTATION.—Each local educational agency shall

maintain in its records and provide to the State educational

agency a written affirmation signed by officials of each participating private school that the consultation required by this section has occurred. If such officials do not provide such affirmation within a reasonable period of time, the local educational

agency shall forward the documentation that such consultation

has taken place to the State educational agency. Such officials

who do not provide such affirmation may appeal to the State

educational agency, consistent with subsection [#—LC], regarding any failure of the local educational agency to provide the

consultation required by this section.’’

764

487. The House bill and the Senate amendment are similar,

except the House bill refers the ‘‘State’’ throughout and the Senate

amendment refers to the SEA throughout. In addition, there are

other minor wording differences.

LC

488. The House contains the same provision in section

1113(c)(2). See note 212.

HR with an amendment to insert new subparagraph (D): ‘‘(D) using an equated measure of low-income correlated with the measure of low-income used to count public school children.’’ 489. The House bill and the Senate amendment retain current

law with no substantive changes.

LC

490. The House bill and the Senate amendment retain current

law with no substantive changes.

LC

491. The House bill and the Senate amendment retain current

law with no substantive changes.

LC

492. The House bill and the Senate amendment refer to the

same provision in the references but the cross-references differ.

LC

493. The House bill and the Senate amendment are substantially the same with minor differences in wording.

LC

494. The House bill and the Senate amendment retain current

law with no substantive changes.

HR/SR to move language to FIE

495. The House bill does not contain this provision.

SR

496. The House bill and the Senate amendment retain current

law with no substantive changes.

LC and SR with amendment to strike ‘‘English language

instruction’’ and replace with ‘‘language instruction educational program’’ in paragraph (5)(A).

497. The House bill and the Senate amendment have different

section headings. In addition, the House bill, but not the Senate

amendment, omits much of current law.

SR

498. The House bill, but not the Senate amendment, makes a

number of changes to current law by adding references to Early

Reading First throughout and adding paragraph (5). The Senate

amendment retains current law.

SR

499. The House bill refers to the Head Start Act, while the

Senate amendment refers to the Head Start Amendments of 1998.

SR

500. The House bill does not contain similar provisions.

HR with amendment to strike all language and add a

new subsection (d):

‘‘(d) EARLY CHILDHOOD SERVICES.—A local educational agency

may use funds received under this part to provide high quality preschool services.’’

765

SR—Limitation on funds

501. The House bill does not contain this section.

HR with amendment to strike all language and add a

new subsection (e):

‘‘(e) A local educational agency may use funds received under

this part to extend the length of the school year.’’

Title I, Part B—Reading First

1. The House bill and the Senate amendment both authorize

$900 million for FY 2002. In the out years, the House bill authorizes such sums for 4 succeeding fiscal years and the Senate amendment authorizes such sums for 6 succeeding fiscal years.

HR with amendment to go to 5 succeeding years.

2. The House bill and the Senate amendment authorize $75

million in FY 2002. The House amendment authorizes such sums

for 4 succeeding fiscal years and the Senate Amendment authorizes

such sums for 6 succeeding fiscal years.

SR with amendment to go to 5 succeeding years.

3. The House bill authorizes $275 million for FY 2002 and such

sums for 4 succeeding fiscal years and the Senate Amendment authorizes $250 million for FY 2002 and such sums for 6 succeeding

fiscal years.

SR with an amendment to authorize $260 million for FY

2002 and such sums for 5 succeeding years.

4. The House bill authorizes such sums for FY 2002 and for the

4 succeeding fiscal years. The Senate amendment appropriates $25

million for FY 2002 and such sums for 6 succeeding fiscal years.

HR/SR (no authorization because moved to FIE).

5. The Senate amendment authorizes $500 million for a school

library program, the House bill does not.

HR with an agreement to authorize program at $250 million (with a trigger for a formula grant at $100 million).

6. The House bill includes findings, the Senate amendment

does not.

HR

7. The House bill and the Senate amendment contain similar

provisions.

LC

8. Identical

LC

9. The House bill includes reference to special education teachers.

SR

10. The House bill references ‘‘classroom instruction.’’

HR (see note 11)

11. The Senate amendment references ‘‘classroom-based instructional assessments.’’

HR with amendment to strike ‘‘screening . . . assessments’’ and insert ‘‘screening, diagnostic, and classroombased instructional reading assessments.’’

LC make three terms uniform throughout Title I, part B.

Insert ‘‘learning systems,’’ after ‘‘effective,’’ in (4).

766

Insert ‘‘including classroom-based materials to assist

teachers in implementing the essential components of reading instruction,’’ after ‘‘instructional materials’’ in (4).

12. The Senate amendment includes ‘‘family literacy programs’’. HR

13. The House bill requires states to show progress after the

third year of funding, or risk losing future funding under Reading

First. The Senate amendment does not include this provision.

SR with an amendment to conform list of groups in

(B)(i)(II) to list of groups for accountability purposes under

Title I (A).

14. The House bill reserves 1 percent for national activities. The Senate amendment authorizes 1 percent ($9 million) funds for

all national activities, including the external evaluation and technical assistance. In addition the House bill reserves $30 million or

3 percent, whichever is less, for the external evaluation.

HR with an amendment to cap Reservation from appro- priations for external evaluation at 2.5% or $25 million,

which ever is less.

15. Identical provision.

HR with an amendment to insert the following language

as new Senate (3): ‘‘(3) beginning with 2004, shall reserve annually not more than 10 percent or $90 million, whichever is less, from funds

appropriated for this part in excess of the amount appropriated

for FY 2003 to carry out 1207(d).’’ (Legislative language to be finalized after ratification).

16. The House bill provides 80 percent of funds to States via

formula with the remainder for the Secretary to distribute via competitive grants. The Senate amendment provides 100 percent of

funds to State via formula for the first two years, after which 25

percent is for competitive grants from the Secretary.

HR with an amendment to strike (A) and (B).

17. The House bill has a formula based on school age population below the poverty line. The Senate amendment uses a Title

I formula.

SR

18. The House bill includes an allotment for Puerto Rico. The

Senate has no comparable provision.

SR

19. The Senate amendment has no similar provisions.

SR with an amendment to insert special rule:

‘‘SPECIAL RULE.—In allocating funds to school districts which

successfully compete for and win grants under Reading first, state

educational agencies would allocate, at a minimum, to each district

the same percentage such district receives of Title I dollars as compared to the title I amount received by all school districts. In

awarding grants, SEA’s shall give priority to school districts with

15 percent or greater poverty or 6,500 poor children.’’ (Legislative language to be finalized after ratification).

LC—place appropriately.

20. Identical provision.

LC

767

21. Identical provisions.

HR

22. Identical provisions.

HR

23. Identical provisions.

HR

24. Similar language with different headings.

HR

25. The House bill refers to eligible LEAs who have the ‘‘highest percentages’’; The Senate amendment refers to ‘‘a high number’’

of students.

HR with an amendment to strike ‘‘a high’’ and insert

‘‘the highest’’ before ‘‘numbers or percentages’’ in (4)(A).

26. The House bill requires LEAs to have a ‘‘significant number’’ of schools identified for school improvement and the Senate

amendment requires LEAs to have at least one school in school improvement.’’

SR with an amendment to strike ‘‘significant number’’

and insert ‘‘significant number or percentage’’.

27. The House bill (ii) uses a definition based on the ‘‘greatest

number or percentages’’ based on school age population below the

poverty line, while the Senate amendment (iii) uses the ‘‘number

of children counted under Title I’’.

HR with an amendment to strike ‘‘a high’’ and insert

‘‘the highest’’.

28. Similar provision.

SR with an amendment striking last clause, ‘‘as determined . . . tools.’’

29. The House bill does not include (B).

HR

30. The House bill states LEAs ‘‘may’’ provide funds to schools

meeting (A) and (B) and the Senate amendment states they ‘‘shall’’

provide funds to schools meeting (A), (B) or (C).

LC

31. The House bill uses ‘‘highest percentages of students’’ and

the Senate amendment uses ‘‘a high percentage of students.’’

SR with an amendment to insert ‘‘or numbers’’ after

‘‘percentages’’

32. Identical provisions except for different references.

LC

33. The House bill uses the ‘‘greatest numbers or percentages

of children from low income families’’, and the Senate amendment

uses ‘‘a high percentage of children counted under Sec. 1124.’’

HR with an amendment to strike ‘‘have a high percentage’’ and insert ‘‘has the highest percentage or number’’.

34. The House bill allows for ‘‘selecting and administering assessments, and adds ‘‘screening’’, and ‘‘tools’’ to the diagnostic assessments. The Senate amendment allows for ‘‘selecting, developing

and administering assessments.’’

SR with an amendment to strike ‘‘rigorous diagnostic

reading and screening assessment tools’’ and insert ‘‘screening, diagnostic, and classroom-based instructional reading

assessments.’’

768

35. The House bill references ‘‘classroom’’ reading instruction,

the Senate amendment does not.

SR with an amendment to insert ‘‘learning system’’ after ‘‘a’’ and before ‘‘program,’’ and strike ‘‘classroom’’. Report Language:

The Conferees intend State educational agencies and

local educational agencies to be able to select from a wide

variety of quality programs and interventions to fund under

Reading First and Early Reading First, including small

group and one to one tutoring, so long as those programs

are based in research meeting the criteria in the definition

of scientifically based reading research.

36. The House bill refers to the ‘‘essential components of reading instruction’’. The Senate amendment refers to ‘‘major components of reading instruction.’’ SR

37. Identical provision.

LC

38. Identical provision.

LC

39. Identical provision.

LC

40. Identical provision.

LC

41. The House bill adds ‘‘(ee) are deficient in their phonemic

awareness, phonics skills, vocabulary development, oral reading

fluency, or comprehension strategies; or’’. The Senate amendment

has no similar provision.

SR with an amendment to strike ‘‘their . . . comprehension strategies,’’ insert ‘‘the essential components of reading

instruction,’’ 42. Identical provision.

LC

43. The Senate amendment refers to ‘‘education technology

such as software and other digital curricula,’’ The House bill does

not.

HR

44. The House bill refers to ‘‘special education teachers’’ of

grades K–12. The Senate amendment does not.

SR

45. The House bill uses ‘‘essential’’ the Senate amendment uses

‘‘major’’ components.

SR

46. The House bill uses the term ‘‘based’’. The Senate amendment uses the term ‘‘grounded.’’

SR

47. The House bill adds ‘‘screening’’ and ‘‘tools’’ to classroom

assessments.

HR with an amendment to strike ‘‘rigorous diagnostic

reading assessments’’ and insert ‘‘screening, diagnostic, and

classroom-based instructional reading assessments.’’

48. Identical provision.

LC

49. The Senate amendment has no similar provision.

769

SR with an amendment to insert ‘‘reading in’’ before ‘‘accordance with’’.

50. The House bill refers to library services in (B)(ii).

HR with an amendment to insert Prime Time Family

Reading Time.

51. The House bill and the Senate amendment include provisions related to providing training to volunteers. The House bill includes parents and is optional. The Senate amendment requires

these activities.

SR with an amendment to strike House (i) insert the following language:

‘‘An LEA may use funds to provide training to parents

and other individuals in the Essential Components of reading instruction who volunteer to be reading tutors for students to enable such volunteers to support instructional

practices that are based on scientifically-based reading research and being used by the student’s teacher.’’

Report Language:

‘‘The Committee recognizes the value of research-based,

structured learning systems that incorporate community

and parental involvement in reading, targeted to low-performing K–12 student populations, that are aligned to state

standards and create a high level of accountability. Recently implemented programs, including the HOSTS Language Arts program, in Texas, Ohio, Florida, Delaware, and

Michigan have impacted a critical mass of students, and assisted schools in significantly improving student reading

levels, raising student achievement and test results, and

overall school performance.

‘‘It has been proven that these programs significantly reduce academic failure, promote school safety, and decrease

dropout, substance abuse, teen pregnancy, crime, and unemployment rates. Specifically, the Committee believes these

intensive, research-based learning systems that utilize

teacher oversight, dramatically increase student achievement and implement the recommendations of the National

Reading Panel.’’

52. The House bill and Senate amendment include provisions

related to family literacy services and parental involvement. The

House bill provision is optional. The Senate bill requires this activity.

SR with an amendment to strike House (ii) and insert

the following language:

‘‘An LEA may use funds to assist parents, through the

use of materials and reading programs, strategies and approaches, including family literacy services, that are based

on scientifically-based reading research to encourage reading and support their child’s reading development.’’

53. The House bill contains no similar provision. The Senate

amendment makes collecting and summarizing data a use of funds.

HR (move to ‘‘required list’’).

54. The House bill has no similar provision.

770

HR with an amendment to conform list of groups in

(H)(ii)(I) to list of groups referenced in Section 1203

(b)(2)(B)(i)(II)—(See note 13).

55. The House bill has 2 percent and the Senate amendment

has 5 percent.

HR with an amendment to strike ‘‘5’’ and insert ‘‘3.5’’. 56. The House bill allows not more than 15 percent for professional development. The Senate amendment allows ‘‘not more than

20 percent for professional development; technical assistance, planning, administration and reporting. [(c)(6)]

HR

[Note.—The following language coordinates with notes

56–75]

‘‘(d) OTHER STATE USES OF FUNDS.— ‘‘(1) IN GENERAL.—A State educational agency that receives

a grant under this section may expend not more than a total

of 20 percent of the grant funds to carry out the activities described in paragraphs (3), (4), and (5). ‘‘(2) PRIORITY.—A State shall give priority to carrying out

the activities described in paragraphs (3), (4), and (5) for

schools described in subsection (c)(6). ‘‘(3) PROFESSIONAL DEVELOPMENT.—A State may expend

not less than 65 percent of the amount of the funds made

available under paragraph (1) to develop and implement a program of professional development for teachers, including special education teachers, of grades kindergarten through 3

that— ‘‘(A) will prepare these teachers in all the essential

components of reading instruction; ‘‘(B) shall include— ‘‘(i) information on instructional materials, programs, strategies, and approaches based on scientifically-based reading research, including early intervention and reading remediation materials, programs,

and approaches; and

‘‘(ii) instruction in the use of rigorous diagnostic

reading and screening assessment tools and other procedures that effectively identify students who may be

at risk for reading failure or who are having difficulty

reading; and screening, diagnostic, and classroombased instructional reading assessments; and

‘‘(C) shall be provided by eligible professional development providers.

‘‘(4) TECHNICAL ASSISTANCE FOR LOCAL EDUCATIONAL AGENCIES AND SCHOOLS.—A State may expend not more than 25

percent of the amount of the funds made available under paragraph (1) for one or more of the following authorized State

activities—

‘‘(A) Assisting local educational agencies in accomplishing the tasks required to design and implement a program under this subpart, including— ‘‘(i) selecting and implementing a program or programs of classroom reading instruction based on scientifically based reading research;

771

‘‘(ii) selecting rigorous diagnostic reading and

screening assessment tools; and screening, diagnostic,

and classroom-based instructional reading assessments; and ‘‘(iii) identifying eligible professional development

providers to help prepare reading teachers to teach

students using the programs and assessments described in subparagraphs (A) and (B).

‘‘(B) Providing expanded opportunities to students in

grades kindergarten through 3 within eligible local educational agencies for receiving reading assistance from alternative providers that includes— ‘‘(i) a rigorous diagnostic reading assessment; and

screening, diagnostic, and classroom-based instructional reading assessments; and ‘‘(ii) as need is indicated by such assessments, instruction based on scientifically-based reading research that includes the essential components of reading instruction. ‘‘(5) PLANNING, ADMINISTRATION, AND REPORTING.— ‘‘(A) IN GENERAL.—A State may expend not more than

10 percent of the amount of funds made available under

paragraph (1) for the activities described in this paragraph. ‘‘(B) PLANNING AND ADMINISTRATION.—A State that ***‘‘(C) ANNUAL REPORTING.—***

* * * * * * *

‘‘(6) FUNDS NOT USED FOR STATE-LEVEL ACTIVITIES.—Any

portion of the funds described in paragraph (1) that a State

does not expend to carry out the activities described in paragraphs (3), (4), and (5) shall be expended for the purpose of

making subgrants in accordance with subsection (c).’’ 57. The Senate amendment prioritizes eligible entities.

HR—See note 56

58. The House bill includes ‘‘special education teachers.’’ HR with an amendment inserting ‘‘special education

teachers’’ after ‘‘teachers’’. See note 56

59. The Senate amendment allows ‘‘100 percent of the state

reservation to be used for professional development.

HR—See note 56

60. The House bill refers to the term ‘‘essential’’ components;

The Senate amendment refers to ‘‘major’’ components.

SR—See note 56

61. Identical language

HR with an amendment to strike ‘‘grounded’’ and insert ‘‘based’’. See note 56

62. The House bill includes ‘‘screening assessment tools.’’ HR with the three terms (see note 11). See note 56

63. Identical provision.

LC—See note 56

64. The House bill includes a section to strengthen and enhance professional development courses in reading, and to insure

that such courses in reading instruction ensure that the courses

772

meet the highest standards, prepare a report on the findings and

make the information available to the public.

SR with an amendment to strike ‘‘professional development’’ and insert ‘‘pre-service education and training’’ after ‘‘enhance’’ in (ii). See note 56

65. The House bill requires certain unused funds to be allocated for reading grants. The Senate amendment has no comparable provision.

SR with an amendment to insert ‘‘not used for State

level activities’’ after ‘‘funds’’ and strike ‘‘subparagraph (A)’’ and insert ‘‘(d)(1)’’. See note 56

66. The Senate amendment allows for up to 25 percent of the

State reservation to be used for technical assistance. This would

equal 5 percent of the total state allotment. The House bill allows

for up to 3 percent of the state allotment to be used for such purposes.

HR with an amendment to insert:

15 for PD

3 for TA—Up to 5 for TA

2 for admin

(See note 56 for language (4))

67. The House bill refers to the implementation of a ‘‘classroom

reading program.’’ The Senate amendment does not refer to ‘‘classroom instruction.’’ HR—See note 56

68. The House bill uses ‘‘based’’ the Senate amendment uses ‘‘grounded.’’ SR with an amendment to strike ‘‘classroom’’. See note

56

69. The House bill adds ‘‘screening’’ and ‘‘tools’’ to diagnostic

assessments.

SR with an amendment to use three words (see note 11).

See note 56

70. Identical provision.

LC—See note 56

71. Similar provision.

HR—See note 56

72. The House bill includes ‘‘screening’’ and ‘‘tools.’’.

HR with amendment to strike ‘‘rigorous . . . tools’’ and

insert three terms (see notes 11 and 56).

73. The House bill refers to ‘‘essential’’ components; the Senate

amendment refers to ‘‘major’’ components.

SR—See note 56

74. The Senate amendment allows for up to 25 percent of the

state reservation to be used for planning, administration and reporting. The House bill allows for up to 2 percent for similar activities.

HR with an amendment (see note 56 for language (5)).

75. The Senate amendment provides for ‘‘collecting and summarizing data to document the effectiveness of this subpart and to

stimulate improvement by identifying LEAs that produce significant gains in reading achievement. The House bill requires evaluation on a ’regular basis’ to determine if more children are reading

at or above grade level.

773

SR—See note 56

76. The Senate amendment requires additional data. The

House bill does not.

SR with an amendment to insert House language from

Sec. 1203 (B)(i)(II). ‘‘(ii) INFORMATION INCLUDED.—The progress report

shall include information on the progress the State,

and local educational agencies within the State, are

making in reducing the number of students served

under this subpart in the first and second grades who

are reading below grade level, as demonstrated by

such information as teacher reports and school evaluations of mastery of the essential components of reading instruction. The report shall also include evidence

from the State and its local educational agencies that

they have significantly increased the number of students reading at grade level or above, significantly increased the percentages of students in ethnic, racial,

and low-income populations who are reading at grade

level or above, and successfully implemented this subpart.’’ 77. Identical provision.

LC see note 76.

78. The House bill and the Senate amendment require the

state to annually report on the implementation of this program.

SR with an amendment to conform list of groups in

(d)(C)(ii) to list of groups referenced in Section 1203

(b)(2)(B)(i)(II)—(See note 13).

See note 76.

79. The House bill refers to ‘‘set forth’’ the Senate amendment

refers to ‘‘reported.’’. HR

80. Identical provision.

HR

81. The House bill has no comparable ‘‘Prime Time Family

Reading Time (paragraph (6)).

HR with an amendment to move to Note 50.

Report Language:

The conferees intend that funding for this activity be

used for a library humanities-based program consisting of

reading, discussion and storytelling that helps low-literacy

families bond around the act of reading and learning together and fosters high academic expectations and achievement for children and their parents.

82. The Senate amendment does not have a comparable ‘‘Recommendations Section.’’

HR

83. Identical provision.

LC

84. The House bill does not have any comparable provision.

HR

85. Identical provision.

HR/LC

86. Identical provision.

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HR/LC

87. Identical provision.

HR with an amendment to insert the following language: ‘‘including participation, if requested, of State and

Local Education Agencies in all national evaluations under

this subpart.’’ after ‘‘activities under this subpart’’ in (1)(B).

88. The House bill has no comparable provision.

HR/SR with an amendment to insert the following language (correlates to notes 88–94): ‘‘2. A State plan containing a description of the following: ‘‘A. How the State will assist local educational agencies in

identifying rigorous diagnostic reading assessments. ‘‘B. How the State will assist local educational agencies in

identifying instructional materials, programs, strategies, and

approaches, grounded on scientifically based reading research,

including early intervention and reading remediation materials, programs and approaches. ‘‘C. How the State educational agency will ensure that professional development activities related to reading instruction

and provided under this subpart are— ‘‘i. Coordinated with other Federal, State and local

level funds and used effectively to improve instructional

practices for reading; and ‘‘ii. Based on scientifically based reading research. ‘‘D. How the activities assisted under this subpart will address the needs of teachers and other instructional staff in implementing the essential components of reading instruction. ‘‘E. How subgrants made by the State educational agency

under this subpart will meet the requirements of this subpart,

including how the State educational agency will ensure that

local educational agencies receiving subgrants under this subpart will use practices based on scientifically based reading research. ‘‘F. How the State educational agency will, to the extent

practicable, make grants to subgrantees in both rural and

urban areas.

‘‘G. How the State educational agency will build on, and

promote coordination among literacy programs in the State (including federally funded programs such as the Adult Education

and Family Literacy Act, the Individuals with Disabilities Education Act, and Early Reading First), in order to increase the

effectiveness of the programs in improving reading for adults

and children and to avoid duplication of the efforts of the program; and

‘‘H. How the State will assess and evaluate, on a regular

basis, local educational agency activities assisted under this

subpart, with respect to whether they have been effective in

achieving the purposes of this subpart.

‘‘I. Any other information that the Secretary may reasonable require.’’

89. Identical provision.

HR/SR with an amendment (see note 88).

90. Similar provision.

HR/SR with an amendment (see note 88).

775

91. Identical provision.

HR/SR with an amendment (see note 88).

92. Similar provision.

HR/SR with an amendment (see note 88).

93. The Senate amendment has no comparable provision on

participation in the national external evaluation.

HR/SR with an amendment (see note 88).

94. The House bill has no comparable sections (C) through (H).

HR/SR with an amendment (see note 88).

95. Identical provision.

HR with an amendment to insert ‘‘including an individual who has expertise in student screening, diagnostic,

and classroom assessments of the essential components of

reading instruction,’’ before ‘‘based on scientifically based

reading research’’ in (B).

96. Similar provisions.

SR

97. The House bill refers to a special education teacher. The

Senate amendment does not.

SR

98. The House bill has no comparable provision.

HR with an amendment to strike ‘‘notwithstanding . . .

paragraph (1)’’ and insert in its place, ‘‘consistent with the

provisions of this part.’’ 99. The House bill gives the Secretary the authority to allot 20

percent for awarding 2 year competitive grants after approval of

the 5 year formula grant application of the State. The Senate

amendment, beginning in 2004, authorizes the Secretary to reserve

25 percent of funds for competitive grants.

HR/SR with an amendment to:

Strike House (a) and (b) and (b)(1) and (b)(2);

Strike Senate (a) and (b)(1);

Strike ‘‘COMPETITIVE’’ and insert ‘‘TARGETED ASSIST- ANCE’’ in Senate (2);

Strike Senate (A) and (3);

Keep Senate (B), and (5);

Keep Senate (C) and strike ‘‘screening ... assessments

and insert three terms;

Keep Senate (4) and strike ‘‘or (3)’’;

Conform (b)(2)(B) to list of groups for accountability

purposes under Title I (A).

**Senate (B) on page 20—HR/LC**

100. The House has the expert Peer Review Panel recommend

applicants to the Secretary for the awarding of discretionary

grants. The Senate amendment has no comparable provision.

SR with an amendment to strike House (A) and (B) and

insert Senate (i) (ii) and strike ‘‘or (3).’’ in (ii).

101. The House bill has no comparable provision.

HR

102. The Senate amendment has no comparable provision.

HR

103. Similar provision.

LC

104. Similar provision.

776

SR

105. The Senate amendment uses the ‘‘adequate yearly

progress’’ standard.

SR with an amendment to reference criteria in

1223(B)(2).

106. Similar provisions.

HR/SR and delete.

107. The House bill has no similar provision.

SR

108. Similar provision.

SR/LC

109. The House bill includes a definition of ‘‘state.’’ The Senate

amendment does not have definition in this subpart but states that

the General Provisions definitions apply.

HR

110. There is no comparable provision in the House bill.

SR

111. There are no comparable provisions in the House bill.

SR

112. Similar Provision.

SR with an amendment to strike ‘‘shall use only . . . this

subpart and’’ in (b); Strike ‘‘rigorous . . . tools’’ in (6) and insert ‘‘screening, diagnostic, and classroom-based instructional reading assessments.’’ 113. The Senate amendment includes, at a minimum, the evaluation of services, provided to children under this subpart with respect to their referral and eligibility for special education services

under IDEA (based on their difficulties in learning to read).

HR/SR with an amendment to insert the following combined and new language: ‘‘SEC. 1207. NATIONAL ACTIVITIES.—From funds reserved under

section 1203(b)(1)(D) the Secretary— ‘‘(a) may provide technical assistance in achieving the purposes of this subpart to States, local educational agencies, and

schools requesting such assistance.

‘‘(b) shall, at a minimum, evaluate the impact of services

provided to children under this subpart with respect to their

referral to and eligibility for special education services under

the Individuals with Disabilities Education Act (based on their

difficulties learning to read).

‘‘(c) shall carry out the External Evaluation as described in

section 1206.

‘‘(d) From funds reserved under Sec. 1203(b)(1)(E), shall

establish Competitive Targeted Assistance Grants—

‘‘(1) to eligible high-need local educational agencies

which meet the criteria described in section 1203(c)(4)

within the State in which the LEA resides to carry out the

activities described in section 1203(c)(7)(A) and (B);

‘‘(2) based on criteria which the Secretary shall develop for the awarding of funds described under this subsection, which shall at a minimum, shall include a process

of peer review as described under section 1204(c)(2), and

be limited to one year of funding per eligible high need

LEA unless such LEA can demonstrate significant

777

progress in meeting the goals established in section

1205(d)(4)(C).’’

114. Identical provisions.

LC

115. Similar provisions.

HR with an amendment to insert the following after (b).

Insert House (b)(1)(B); insert’’

‘‘(C) For the purpose of administering the funds reserved under Sec. 1203(b)(E) to carry out this section, the

provisions of Sec. 242 of P.L. 105–220 shall apply.’’

116. The House bill specifies that ‘‘special education Teachers’’

are included, the Senate amendment does not.

SR

117. The House bill refers to ‘‘essential’’ components; the Senate amendment refers to ‘‘major’’ components.

SR

118. The House bill refers to ‘‘explicit’’ systematic instruction;

the Senate amendment does not.

SR

119. The House bill includes ‘‘oral’’ reading fluency and the

Senate amendment includes ‘‘reading fluency.’’

HR with an amendment to insert ‘‘including oral reading skills’’ after ‘‘reading fluency,’’.

120. Identical provision.

LC

121. Identical provision.

LC

122. The House bill and Senate amendment are similar. The

House bill requires that assessments measure progress in four

areas, and the Senate bill requires that assessments measure

progress in at least one of four areas. The House bill, but not the

Senate amendment adds ‘‘skills’’ after phonics.

HR/SR with an amendment to insert the following language:

‘‘(5) RIGOROUS SCREENING, DIAGNOSTIC, CLASSROOM-BASED

READING ASSESSMENTS.—

‘‘The term ‘screening reading assessment’ means assessments that are—

‘‘(A) valid, reliable, and based on scientificallybased reading research;

‘‘(B) a brief procedure designed as a first step in

identifying children who may be at high risk for delayed development or academic failure and in need of

further diagnosis of their need for special or additional

reading instruction.

‘‘The term ‘‘diagnostic reading assessment’’ means assessments that are—

‘‘(A) valid, reliable, and based on scientificallybased reading research;

‘‘(B) used for the purpose of

‘‘(i) identifying a child’s specific areas of

strengths and weaknesses so that they have

learned to read by the end of the third grade; and

778

‘‘(ii) determining any difficulties that a child

may have in learning to read and the potential

cause of such difficulties; ‘‘(iii) helping to determine possible reading

intervention strategies, and related special needs. ‘‘The term ‘‘classroom-based instructional assessment’’ means—

‘‘(A) evaluations of children’s learning based on

systematic observations by teachers of children performing academic tasks that are part of their daily

classroom experience; and ‘‘(B) are used to improve instruction in reading,

including classroom instruction.’’ 123. The Senate has no comparable provision.

HR/SR with an amendment (See note 122).

124. Identical provision.

LC

125. There are similar purposes in both the House bill and the

Senate amendment.

LC

Insert the following language for notes 125–134: ‘‘Sec 1221. Purposes.

‘‘The purposes of this subpart are as follows: ‘‘(1) To support local efforts to enhance the early language,

literacy, and pre-reading development of preschool age children, particularly those from low-income families, through

strategies and professional development that are based on scientifically based research. ‘‘(2) To provide preschool age children with cognitive learning opportunities in high-quality language and literature-rich

environments, so that the children can attain the fundamental

knowledge and skills necessary for optimal reading development in kindergarten and beyond. ‘‘(3) To demonstrate language and literacy activities based

on scientifically based research that supports the age-appropriate development of—

‘‘(A) Recognition, leading to automatic recognition, of

letters of the alphabet, knowledge of letter sounds, the

blending of sounds, and the use of increasingly complex vocabulary;

‘‘(B) an understanding that written language is composed of phonemes and letters each representing one or

more speech sounds that in combination make up syllables, words and sentences.

‘‘(C) spoken language, including vocabulary and oral

comprehension abilities; and

‘‘(D) knowledge of the purposes and conventions of

print.

‘‘(4) To use screening assessments to effectively identify

preschool children who may be at risk for reading failure.

‘‘(5) To integrate such scientific reading research-based instructional materials and literacy activities with existing programs of preschools, child care agencies and programs, and

Head Start centers, and with family literacy services.’’

779

126. The House bill purposes limit development of pre-reading

skills to children ages 3–5 and the Senate amendment uses broader

terminology of ‘‘preschool age children.’’ This difference repeats

throughout Early Reading first subpart.

HR—See note 125

127. The House bill purposes include assessment/screening of

children and the Senate amendment does not.

HR—See note 125

128. Similar provisions. The items in the Senate amendment

are re-ordered to compare with similar items in the House bill.

HR with an amendment to strike ‘‘understanding . . .

language;’’ and insert ‘‘knowledge of letter sounds, blending

of sounds, and use of increasingly complex vocabulary;’’ and

insert ‘‘Recognition, leading to’’ before ‘‘automatic recognition’’.—See note 125

129. Similar provision.

HR/SR—See note 125

130. Identical provision.

HR with an amendment to insert ‘‘including vocabulary’’ after ‘‘spoken language’’.—See note 125

131. The House bill requires knowledge of ‘‘semiotic concepts’’. The Senate amendment specifies knowledge of ‘‘purposes and conventions of print.’’ HR—See note 125

132. The Senate amendment does not have this provision for

screening tools.

SR with an amendment to insert ‘‘reading’’ after ‘‘scientific’’ and strike ‘‘tools’’ and insert ‘‘assessments’’ in (3).— See note 125

133. Similar provision.

SR—See note 125

134. Identical provision.

SR with an amendment to insert ‘‘reading’’ after ‘‘scientific’’.—See note 125

135. Similar provision.

HR

136. The Senate amendment allows multiple LEA’s to apply as

a single applicant and the House bill does not.

HR

137. The House bill requires demographic information on communities served by programs and the Senate amendment requires

demographic information on the children served by programs.

HR

138. The House bill specifies oral language environments and

the Senate amendment does not.

SR with an amendment to strike ‘‘aged 3 through 5’’ and

inserting ‘‘preschool age’’ before ‘‘children’’ in House (2).

take the Senate (2) inserting ‘‘reading’’ after ‘‘scientifically

based’’; drop both (3); take the House (4); take the Senate

(4); take House (5); drop Senate (5); drop House (6), (8) (9);

take House (7); take Senate (6); take Senate (7) and (8); drop

House (10).

139. Similar provision.

LC

780

140. Similar provision.

LC

141. Similar provision.

LC

142. This provision is not in the House bill

LC

143. This provision is not in the Senate amendment.

LC

144. The Senate amendment (7) is similar to the House bill (9)

but the Senate amendment evaluates the success in enhancing

‘‘early language, literacy, and pre-reading development’’ and the

House bill states ‘‘early language and reading development.’’ LC

145. The House bill uses the same peer review panel convened

for the Reading First grants and the Senate amendment has a separate peer review provision.

SR with an amendment to insert after ‘‘under section

1204(c)(2),’’ the following language: ‘‘except such panel shall

include, at a minimum, three individuals, selected from the

entities described in (ii), (iii), and (iv), who are experts in

early reading development and early childhood development.’’

146. The House bill includes ‘‘oral’’ language skills.

HR

147. The Senate amendment requires 5 activities.

HR with an amendment (notes 147–153): take Senate (B);

take Senate (iii) (amended like note 128); take Senate (i);

take Senate (iv).

148. Similar provision.

LC—see note 147

149. The Senate amendment (B) is similar to the House bill (B)

but the Senate amendment describes professional development

being for ‘‘staff’’ and the House bill describes professional development as being for ‘‘teachers.’’

LC—see note 147

150. Similar provision.

HR—see note 147, (amended like note 128).

151. The House bill notes in (ii) that ‘‘words are made up of

small segments of speech sounds.’’

HR/SR with an amendment to insert the following language as new (ii):

‘‘Understanding that written language is composed of

phonemes and letters each representing one or more speech

sounds that in combination make up syllables, words and

sentences.’’

152. Similar provision.

HR—see note 147

153. The Senate amendment refers to knowledge of ‘‘purposes

and conventions of print.’’ The House bill refers to understanding

of ‘‘semiotic concepts.’’

HR—see note 147

154. The Senate amendment refers to subparagraph (B ) in the

House bill which lists the skills to be taught to children.

HR

781

155. Similar provision.

HR

156. Similar provision.

HR with an amendment to insert the following language:

‘‘SEC. 1243. FEDERAL ADMINISTRATION.

‘‘The Secretary shall consult with the Secretary of Health and

Human Services in order to coordinate the activities undertaken

under this subpart with preschool age programs administered by

the Department of Health and Human Services.’’

157. The House bill has no comparable section.

HR with an amendment to insert Senate lead-in (‘‘Each

eligible . . . a description of—’’) and to strike Senate (1), (3),

and (2) and to insert House (1), (2), (3).

158. The House bill requires information on staff qualifications

and the Senate amendment does not.

SR

159. The House bill has no similar provision.

HR

160. The House bill allows up to $1 million for evaluation.

HR with an amendment to insert the following language:

‘‘SEC. 1246. EVALUATION.

‘‘From the total amount appropriated under section 1002(b)(3)

for the period beginning October 1, 2002 and ending September 30,

2006, the Secretary shall reserve not more than $3,000,000 to conduct an independent evaluation of the effectiveness of this subpart.

An interim Report shall be sent to the House Education and the

Workforce Committee and the Senate Health, Education, Labor,

and Pensions Committee by October 1, 2004, with a final Report

due no later than September 30, 2006. The Report shall include information on how the grant recipients under this subpart are improving the pre-reading skills of pre-school children; the effectiveness of the professional development program; how early childhood

teachers are being prepared with scientifically based reading research of early reading development; what activities and instructional practices are most effective; how scientifically research-based

pre-reading instructional materials and literacy activities are being

integrated into pre-schools, child care agencies and programs, and

Head Start Centers and Family Literacy programs, and any recommendations on strengthening, or modifying this subpart.’’

161. The Senate amendment allows up to $5 million for evaluation.

LC—see note 160.

162. The House bill has no comparable provision.

HR

163. The House bill makes technical changes to Even Start.

The Senate amendment does not.

SR

164. The House bill transfers the program to a different Title,

makes minor changes, and continues current law. The Senate

amendment rewrites the program.

782

HR/SR with an agreement to move to Subpart 5 of Title

V, Part D (FIE).

Report Language:

In the 2000 rate case, the U.S. Postal Service levied an

18% increase on mail sent under Bound Printed Matter

(BPM), the class of mail under which books are sent to our

nation’s schools, libraries, literacy, and early childhood programs. This increase, the highest of any category, has had

a direct impact on the ability of several literacy and free

book programs to deliver their services. It has come to the

attention of the Conferees that the U.S. Postal Service intends to again increase the rates charged for bound printed

matter, including books. Given the educational importance

of the 100 million books shipped to children annually under

this rate, the Conferees urge the U.S. Postal Service and

Congress to take action to ensure the continued affordability of books for all of America’s children.

165. Virtually identical purpose.

LC

166. Virtually identical provisions.

LC

167. Virtually identical provisions for requirements of contract.

LC

168. Virtually identical provisions.

LC

169. Identical provisions.

LC

170. Identical provisions.

LC

171. Virtually identical provisions.

LC

172. The Senate amendment contains no similar provision.

SR

173. The House bill authorizes such sums as may be necessary

for fiscal year 2002 and each of the 4 succeeding fiscal years. The

Senate amendment authorizes $25 million for FY 02 and such

sums as may be necessary for each of the 6 succeeding fiscal years.

HR/SR (no authorization because moved to FIE).

Title I, Part C—Education of Migratory Children

1. The Senate amendment, but not the House bill, amends the

program purpose by adding two paragraphs that state that: (1) Migrant students should not be penalized because of differences between states in curriculum, graduation requirements and standards; and (2) Migrant students have the same opportunities as all

children to meet academic achievement and content standards.

HR

2. The House bill, but not the Senate amendment, modifies the

formula for distributing funds to the States by basing a State’s

child count on the number of eligible children, aged 3 through 21,

residing in the State during the previous year, plus the number of

children who received services in summer or intersession programs

provided by the State. Only funding above the amount appropriated for fiscal year 2002 will be distributed via the new formula.

783

SR with an amendment to require the Secretary to take

into account the amount of time children spend in a particular program. ‘‘In changing the formula which allocates funds to the

States for migrant education programs, the Conferees are

concerned that some children could be double counted,

thereby inaccurately inflating allocations to some States. To

address this situation, the Conferees have amended section

1303 (e) to require the Secretary to develop a procedure to

take into account the amount of time a child may spend in

a particular program. The Conferees strongly encourage the

Secretary to develop such a procedure and utilize it when

making allocations to the States.’’ 3. The House bill, but not the Senate amendment, sets and annually increases the minimum allocation amounts for Puerto Rico.

SR with an amendment to retain subsection (d).

4. The House bill and the Senate amendment eliminate the reference to a comprehensive plan and replace it with language to ensure migrant children are provided with the full range of services

from all applicable government programs and that coordination will

take place between the various levels of government programs, including the federal ESEA Title III program.

SR

5. The House bill, but not the Senate amendment, requires the

integration of services under the Migrant education program with

other programs, and adds a requirement for measurable program

goals and outcomes.

SR

6. The House bill, but not the Senate amendment, modifies the

manner in which subgrants to LEAs must be allocated.

SR

7. The House bill and the Senate amendment changes to the

Assurances subsection of current law are the same with exceptions

indicated in notes 8 and 9.

LC

8. The Senate amendment does not have this provision, which

is technical.

SR

9. The House bill does not have this provision.

HR

10. The House bill, but not the Senate amendment, eliminates

the requirement that States develop both a comprehensive service

delivery plan and a program application.

HR

11. The Senate amendment, but not the House bill, places conditions on whether States may submit consolidated applications.

HR

12. The House bill does not have the Senate provision regarding special education needs of migrant students.

HR

13. The House bill, but not the Senate amendment, changes

current law to clarify State flexibility in determining the activities

to be provided as long as funds are first used to meet the identified

educational needs of migrant children.

784

SR with an amendment to add ‘‘where applicable’’ in (a)

(1) in first sentence after ‘‘agency’’. 14. The House bill, but not the Senate amendment, requires

the Secretary of Education to assist States in developing effective

methods to transfer student records and in determining the number of migrant children in each State. Under the House bill, the

Secretary is also required to work with States to determine the

minimum data elements for records to be maintained and transferred and to assist States in linking their records systems for electronic maintenance and transfer.

HR/SR with an amendment to Sec. 124. Coordination of

Migrant Education Activities: ‘‘(a) DURATION.—Section 1308 (a)(2) [20 U.S.C. 6398 (a)(2)] is

amended by striking ‘‘subpart’’ and inserting ‘‘subsection’’. ‘‘(b) STUDENT RECORDS.—Section 1308 (b) (20 U.S.C. 6398 (b))

is amended to read as follows: ‘‘ ‘(b) STUDENT RECORDS.— ‘‘ ‘(1) ASSISTANCE.—The Secretary shall assist States in developing effective methods for the electronic transfer of student

records and in determining the number of migratory children in

each State.’ ’’ 15. The Senate amendment, but not the House bill, requires

the Secretary to establish a system for electronically transferring

student records and lists possible data elements.

HR/SR with an amendment: ‘‘(2) INFORMATION SYSTEM.—(A) The Secretary, in consultation with the States, shall ensure the linkage of migrant student record systems for the purpose of electronically exchanging, among the States, health and educational information regarding all migrant students. The Secretary shall ensure such

linkage in a cost-effective manner, utilizing systems used by

the States prior to, or developed after, the date of enactment

of [this Act], and shall determine the minimum data elements

that each State receiving funds under this part shall collect

and maintain. Such elements may include-

‘‘(i) immunization records and other health information;

‘‘(ii) elementary and secondary academic history (including partial credit), credit accrual, and results from

State assessments required under this title;

‘‘(iii) other academic information essential to ensuring

that migrant children achieve to high standards; and

‘‘(iv) eligibility for services under the Individuals with

Disabilities Education Act.

Ensuring the timely exchange of important education and

health information for migrant students is critically important.

Although some States have developed and implemented their

own student records systems, current failures and interruptions in records transfer result in delays in school enrollment

and academic services for migrant students, discrepancies in

student placement, and repeat immunizations of migrant children. It is the Conferees’ intent to link existing systems of

interstate migrant records transfer, and expand their function

to enable the electronic transfer of records among all States.

785

Section 1308(b)(2) provides federal leadership to accomplish

this objective by requiring the Secretary to electronically link

migrant student records. Such linkage will build upon existing

and future systems for records transfer and will facilitate a

timely exchange of health and academic information.’’ 16. The House bill, but not the Senate amendment, requires

SEAs and LEAs to make migrant student records available at no

cost to another SEA or LEA requesting such records.

SR

17. The House bill does not contain the Senate provisions in

subparagraphs (B), (C), (D) regarding the solicitation of comments

on the migrant student record transfer system, deadline for operation of the system, and the reservation of funds for the Secretary

in establishing the system.

HR/SR with an amendment: ‘‘(B) The Secretary shall publish, after consultation described in subparagraph (A), a notice in the Federal Register seeking public comment on the proposed data elements that each State receiving funds under this part

shall be required to collect for purposes of electronic transfer of migrant student information, and the requirements

that States must meet for immediate electronic access to

such information. The publishing of such notice shall take

place not later than 120 days after the date of enactment

of [this Act].’’ 18. The House bill does not contain the Senate amendment

provision requiring a report be submitted to Congress by the Secretary regarding the findings and recommendations pertaining to

the migrant student record transfer system.

HR with an amendment: ‘‘(4) REPORT TO CONGRESS.—Not later than April 30, 2003,

the Secretary shall report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee

on Education and the Workforce of the House of Representatives the Secretary’s finding and the recommendations regarding the maintenance and transfer of health and educational information for migrant students by the States, and shall include

in this report—

‘‘(A) a review of the progress of States in developing

and linking electronic records transfer systems;

‘‘(B) recommendations for the developments and linkage of such systems; and

‘‘(C) recommendations for measures that may be taken

to ensure the continuity of services provided for migrant

students.’’

19. The Senate amendment language in this subparagraph is

similar to the House bill language in subsection (b)(1) regarding assistance to States in transferring records and determining the

number of migrant students. (See note 13.) However, the Senate

amendment retains the current law provisions regarding the Secretary’s need to help States develop methods to count full-time

equivalent students, which the House bill does not.

HR/SR with an amendment:

Section 1308(b) (20 U.S.C. 6398(b)) is amended as follows:

786

‘‘(b) STUDENT RECORDS.— (1) ASSISTANCE.—The Secretary shall assist States in developing effective methods for the electronic transfer of student

records and in determining the number of migratory children

in each State.’’ 20. The House bill and the Senate amendment are the same.

LC

21. The House bill and the Senate amendment are the same

regarding the maximum amount the Secretary may award to SEAs

for incentive grants. The House bill, but not the Senate amendment, references consortium arrangements with other States or appropriate entities that the Secretary determines will improve the

delivery of services to migratory children.

SR

22. The Senate amendment, but not the House bill, requires

NCES to collect data on migratory children.

HR

Authorization levels: House at $420 million and Senate at $400

millionSR with an amendment to strike ‘‘$420 million’’ and insert ‘‘$410 million.’’

Title I, Part D—Neglected or Delinquent Youth

1. The House bill and Senate amendment have different headings.

HR

2. The House bill, but not the Senate amendment, contains two

findings regarding youth returning from correctional facilities and

pregnant and parenting teenagers.

HR

3. The Senate amendment, but not the House bill, moves the

PURPOSE AND PROGRAM AUTHORIZED section under Subpart

1 of the Senate amendment.

HR with an amendment to strike ‘‘of Dropping out’’ in

the title of Subpart 1, so that it states: ‘‘Prevention and

Intervention Programs for Children and Youth Who are Neglected, Delinquent, or at Risk.’’ LC should conform language throughout this part to ensure that it conforms with neglected, delinquent or at risk

kids—while striking reference to ‘‘drop-outs’’ unless indicated otherwise.

4. The Senate amendment, but not the House bill, makes

minor wording changes to the Purpose and Program Authorized

section.

HR/LC

5. The Senate amendment, but not the House bill, makes

minor conforming, technical wording changes, related to the organizational structure of the Senate amendment.

HR

6. The Senate amendment, but not the House bill, organizes

this part into 3 chapters of subpart 1. Also, the Senate amendment,

but not the House bill, makes minor conforming, technical wording

changes, related to the organizational structure of the Senate

amendment.

787

HR

7. The Senate amendment, but not the House bill, makes

minor conforming, technical wording changes, related to the organizational structure of the Senate amendment.

HR

8. The House bill and Senate amendment provisions in subsection (b) regarding Subgrants to State Agencies in Puerto Rico

are the same.

SR

9. The House bill, but not the Senate amendment, sets the

minimum allocation amounts Puerto Rico will receive.

SR

10. The House bill, but not the Senate amendment, provides

for a minimum amount that shall be appropriated to Puerto Rico

contingent upon all 50 States and the District of Columbia receiving the same amount as they did the previous year. If not, then

Puerto Rico would receive funds based on the greater percentage

provided for in paragraph (1)(A) or the percentage of the previous

fiscal year.

SR

11. The Senate amendment, but not the House bill, contains

this provision regarding ratable reductions.

HR

12. The Senate amendment, but not the House bill, makes

minor conforming, technical wording changes, related to the organizational structure of the Senate amendment.

HR

13. The House bill, but not the Senate amendment, changes

the wording of paragraph (1) by revising the language to focus on

the provision of services to youth returning from correctional institutions instead of youth at risk of dropping out. In addition, the

reference to another section in both the House bill (8306) and the

Senate amendment (5506) are to the same general policy regarding

Other General Assurances (see Title VIII of the House bill).

SR with an amendment to include ‘‘at risk’’ after ‘‘delinquent’’.

14. The House bill, but not the Senate amendment, adds the

word ‘‘technical’’ after ‘‘vocational’’.

SR

LC conform language regarding ‘‘opportunity to learn’’

change to ‘‘opportunity to achieve’’ in House (2) (B).

15. The House bill refers to evaluations associated with Institution-Wide Projects (Section 1416), while the Senate amendment

refers to general program evaluations under section 1431.

HR

16. The House bill and Senate amendment provisions in paragraph (3) and in subsection (b) following are the same, with the exception indicated in note 17.

LC

17. The House bill heading for paragraph (1) is different than

the Senate amendment heading for paragraph (1); otherwise, see

note 16.

SR

788

18. Both the House bill and the Senate amendment reference

the State Plan under Title I, part A.

LC

19. The House amendment refers to the specific section in Title

VIII of the House bill regarding evaluations, while the Senate

amendment refers to evaluations generally.

LC

20. The reference to another section in both the House bill

(8501) and the Senate amendment (4) are to the same general policy regarding fiscal effort (see Title VIII of the House bill).

LC

21. The House bill refers to job training programs in general,

while the Senate amendment refers specifically to the Workforce

Investment Act of 1998. In addition, the House bill, but not the

Senate amendment, adds the word ‘‘technical’’ after ‘‘vocational’’. HR with an amendment to replace ‘‘Workforce Investment Act of 1998’’ with ‘‘PL 105–220’’. SR on House bill adding ‘‘technical’’ after ‘‘vocational’’. 22. The House bill, but not the Senate amendment, contains

this additional element for State applications to focus on the provision of services to youth returning from correctional institutions.

SR

23. The Senate amendment, but not the House bill, adds the

word ‘‘children’’ before ‘‘youth’’. HR

LC conform part with same change.

24. The House bill, but not the Senate amendment, adds the

word ‘‘incarceration’’ in place of the word ‘‘youth’’ after ‘‘term of’’. LC

25. The Senate amendment, but not the House bill, adds the

word ‘‘children’’ before ‘‘youth’’. The House bill, but not the Senate

amendment, adds the words ‘‘distance learning’’ before ‘‘and assistance’’.

LC on Senate amendment adding ‘‘children’’ before

‘‘youth’’; SR on House bill adding ‘‘distance learning’’.

26. The House bill, but not the Senate amendment, adds the

words ‘‘vocational and technical training’’ to subparagraph (B).

SR

27. The House bill, but not the Senate amendment, strikes

clause (iii).

HR with amendment to change language in (iii) to strike

‘‘learn to such’’ and replace with ‘‘achieve’’.

LC for similar references in remainder of this part.

28. The House amendment refers to the specific section in Title

VIII of the House bill regarding evaluations, while the Senate

amendment refers to evaluations generally.

SR

29. The Senate amendment, but not the House bill, contains

this provision regarding the supplement, not supplant provision in

section 1120A of Title I, part A.

HR

30. The Senate amendment, but not the House bill, contains

this section on Institution-Wide Projects.

HR

789

31. The Senate amendment, but not the House bill, makes

minor conforming, technical wording changes related to the organizational structure of the Senate amendment.

HR

32. The House bill, but not the Senate amendment, changes

the reservation percentage for SEAs to 15 percent. The Senate

amendment, as amended, but not the House bill allows for a reservation percentage range between 5 and 30 percent, as well as

adds two new paragraphs pertaining to the kinds of transition

services that may be supported.

HR with an amendment that reservation percentage be

15–30%.

HR with an amendment to strike (C) (iii) and (C) (v) and

add new clause (C)(v):

‘‘COUNSELING SERVICES.’’—The Conferees recognize

that LEAs may find that counseling programs, including

the provision of mental health services, are a necessary

and appropriate component of ensuring the successful

transition of youth returning from correctional facilities.’’

33. The Senate amendment, but not the House bill, adds the

word ‘‘youth’’ after ‘‘children’’.

LC/HR

34. The Senate amendment, but not the House bill, adds a new

section allowing the Secretary of Education to reserve up to 5 percent of part D funds each year for national activities involving evaluation, technical assistance and model programs.

H.R. with 3 amendments: change ‘‘shall’’ to ‘‘may’’,

change 5% to 2.5%, strike paragraph 3.

35. The Senate amendment, but not the House bill, makes

minor conforming, technical wording changes related to the organizational structure of the Senate amendment.

LC

36. The House bill, but not the Senate amendment, reorders

this paragraph to focus on the provision of services to youth returning from correctional institutions.

SR with an amendment to strike ‘‘dropping out of

school’’ in House paragraph (3).

37. Both the House bill and the Senate amendment strike the

word ‘‘retained’’, which is a technical change.

LC

38. The House bill, but not the Senate amendment, revises

subsection (b) to focus on the provision of services to youth returning from correctional institutions instead of youth at risk of dropping out.

SR

39. The Senate amendment, but not the House bill, makes

minor conforming, technical wording changes related to the organizational structure of the Senate amendment.

HR/LC

40. The House bill, but not the Senate amendment, adds subsection (d), TRANSITIONAL AND ACADEMIC SERVICES, with language

to focus on the provision of services to youth returning from correctional institutions and by stipulating that services to youth at risk

790

of dropping out shall not negatively impact the transitional and

academic needs of youth returning from correctional facilities.

SR

41. The Senate amendment, but not the House bill, makes

minor conforming, technical wording changes related to the organizational structure of the Senate amendment.

LC

42. The House bill, but not the Senate amendment, revises

paragraphs (4), (5) and (6) following to focus on the provision of

services to youth returning from correctional institutions instead of

youth at risk of dropping out and removes the conditional statement ‘‘as appropriate’’ preceding each LEA application requirement. See notes 43 and 44 for exceptions.

SR with an amendment to add to (4) ‘‘as appropriate’’ between ‘‘and’’ and ‘‘the’’. 43. The House bill, but not the Senate amendment, requires

specific characteristics of the youth to be served to be described, as

well as adding a secondary requirement to describe other youth expected to be served. Otherwise, see note 43.

SR

44. The House bill, but not the Senate amendment, adds the

word ‘‘other’’ to the list of existing services LEAs will describe how

to coordinate. Otherwise, see note 42.

SR

45. The House bill, but not the Senate amendment, adds ‘‘curriculum-based entrepreneurship education’’. SR

46. The House bill and Senate amendment have the same

meaning in paragraph (8), but are worded slightly different.

LC

47. The House bill refers to job training programs in general,

while the Senate amendment refers specifically to the Workforce

Investment Act of 1998. In addition, the House bill, but not the

Senate amendment, adds the word ‘‘technical’’ after ‘‘vocational’’.

HR with an amendment to replace ‘‘Workforce Investment Act of 1998’’ with ‘‘PL 105–220’’.

SR on House bill adding ‘‘technical’’ after ‘‘vocational’’.

48. The House bill and the Senate amendment are the same

as current law in paragraphs (10)–(13).

LC

49. The House bill, but not the Senate amendment, contains a

provision regarding LEA uses of funds to focus on the provision of

services to youth returning from correctional institutions.

SR

50. The House bill, but not the Senate amendment, has no reference to youth ‘‘at educational risk’’ and has no reference to specific groups of youth who may be at risk of dropping out.

HR

51. The House bill, but not the Senate amendment, adds the

word ‘‘other’’ to the list of existing services LEAs can use funds to

coordinate. The Senate amendment, but not the House bill, refers

to ‘‘drug and alcohol counseling’’.

HR with an amendment to add ‘‘and mental health services’’ after ‘‘counseling’’.

791

52. The House bill, but not the Senate amendment, adds the

word ‘‘technical’’ after ‘‘vocational’’ and adds ‘‘curriculum-based entrepreneurship education’’. SR

53. The House bill, but not the Senate amendment, adds another paragraph regarding mentoring and peer mediation to the

LEA uses of funds.

SR

54. The House bill and Senate amendment headings for this

section are different.

HR

55. The House bill and Senate amendment have different internal organization structures which accounts for this and the immediately following technical changes.

LC

56. The House bill, but not the Senate amendment, changes ‘‘where feasible’’ to ‘‘to the extent practicable’’ in all the following

paragraphs, through paragraph (8) in which the former phrase appears.

HR

57. The House bill, but not the Senate amendment, makes a

number of changes to this paragraph. See notes 52 and 55.

HR with an amendment to replace ‘‘Workforce Investment Act of 1998’’ with ‘‘PL 105–220’’. 58. The House bill, but not the Senate amendment, adds a citation to the U.S. Code for the Act referenced.

LC

59. See note 45.

SR

60. The Senate amendment, but not the House bill, makes

minor conforming, technical wording changes, related to the organizational structure of the Senate amendment.

LC

61. The House bill, but not the Senate amendment, changes

the reference to ‘‘sex’’ to ‘‘gender’’ and eliminates the conditional

statement ‘‘if feasible’’. Otherwise, the House bill and the Senate

amendment are the same in paragraphs (1)–(4) and in subsections

(b) and (c) that follow. See exception in note 62.

SR with an amendment to reference Title I–A exceptions

for ‘‘statistically significant and personally identifiable’’

data.

62. The Senate amendment, but not the House bill, adds a new

paragraph to the evaluation of program’s impact on participants.

HR with an amendment to add ‘‘as appropriate’’ before

participate.

63. The Senate amendment, but not the House bill, adds paragraph headings before each term is defined in paragraphs (1)–(4).

HR

64. The Senate amendment, but not the House bill, reorganizes

this paragraph. Neither the Senate amendment nor the House bill

changes the meaning of this definition.

LC

Authorization—levels—LC (identical authorization

amounts of $50 million in FY 02 and such sums in FY 03–07).

792

Title I, Part E—Evaluations and Demonstrations

1. The House bill amends section 1501, while the Senate

amendment strikes the entire section and replaces it.

LC

2. The Senate amendment, but not the House bill, includes the

words ‘‘of Title I’’ after ‘‘National Assessment’’.

HR

3. The House bill requires the Secretary of Education to assess

the programs assisted under Title I, while the Senate amendment

requires the Secretary to assess the impact of policies of Title I on

States, LEAs, schools and students.

HR with an amendment to insert ‘‘the programs assisted

and’’ before ‘‘the impact of the policies’’ and strike ‘‘title I

of...Teachers Act’’ and insert ‘‘this title’’ in (a).

4. The Senate amendment requires the participation of an

independent review panel composed of the groups listed at all

stages of the assessment. The House bill also requires the participation of an ‘‘independent’’ review panel, but stipulates a number

of conditions that must be met in regards to the review panel,

which the Senate does not, in subsection (d) of the House bill. See

note 49.

SR

5. The House bill and the Senate amendment are substantially

the same with minor wording differences.

HR

6. The House bill, but not the Senate amendment, contains a

general requirement to examine the implementation and impact of

Title I programs in regards to increasing academic achievement, especially in high-poverty schools. See the next note.

SR with an amendment to insert as new (A): ‘‘the implementation of programs assisted under this title and the impact of such implementation on increasing student academic achievement particularly in schools with high concentrations of children living in poverty, toward the goal of

all students reaching the proficient level on challenging

State academic content and achievement standards and

State academic assessments under section 1111, including

providing information on what types of programs and services that have demonstrated the greatest likelihood of helping students reach the State’s academic achievement standards for proficient and advanced;’’

7. The Senate amendment, but not the House bill, contains a

specific requirement to examine student progress to proficiency in

at least reading and math based on State standards and assessments required under section 1111 of Title I (including NAEP).

SR

8. The House bill does not contain a similar provision.

SR

9. The House bill contains a general requirement to examine

the implementation and impact of State standards, assessments

and accountability systems. The Senate amendment is more specific as to what must be examined in regards to assessments and

calls for examination of implementation of requirements for develVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00796 Fmt 6601 Sfmt 6601 E:\HR\OC\A334HR.343 pfrm07 PsN: A334HR
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opment and administration of 3–8 annual assessments and how

well they meet Title I requirements (see next note), but does not

reference standards as the House does.

HR/SR with an amendment to insert as new language: ‘‘the implementation of State standards, assessments, and

accountability systems developed under this title, including

the time and cost required for the development of assessments for students in grades 3–8 and how well they meet the

requirements for assessments described in this title, and the

impact of such standards, assessments, and accountability

systems on educational programs and instruction at the

local level.’’ 10. The Senate amendment requires a specific examination of

the ‘‘adequate yearly progress’’ requirement in Title I, part A. The

House does not contain a similar provision, although it does require

an examination of accountability in general in subparagraph

(a)(2)(B). See previous note.

HR with an amendment: ‘‘defined adequate yearly

progress and what has been the impact of applying this

standard to schools, local educational agencies, and the

state, including the number of schools and local educational

agencies not meeting the standard and the changes in such

identification.’’ 11. The House bill and the Senate amendment require an examination of schoolwide programs and targeted assistance, but the

Senate amendment has a similar requirement in subparagraph

(a)(2)(G) of the Senate amendment. See note 22.

SR with an amendment: ‘‘the implementation and impact of schoolwide programs and targeted assistance programs under this title on improving student academic

achievement and to what extent such schools meet the requirements for such programs.’’ 12. The House bill does not contain a similar provision, although to the extent report cards are considered an element of accountability, see note 9 and paragraph (a)(B) of the House bill.

HR with an amendment to insert ‘‘parents,’’ after ‘‘students’’.

13. The House bill and the Senate amendment require an examination of comprehensive school reform, although the House is

more specific as to models, implementation and impact, while the

Senate is more general as to effectiveness, but the Senate provision

regarding this requirement is in paragraph (b)(2) of the Senate

amendment. See note 35.

SR with an amendment to insert ‘‘and implemented’’

after ‘‘are funded’’ in (D).

14. The Senate amendment does not contain a similar provision.

SR

15. The House bill and the Senate amendment require an examination of school choice as defined in section 1116 of Title I, part

A of each piece of legislation, although the Senate provision is in

clause (a)(2)(F)(iii). See note 19. The House bill, but not the Senate

amendment, requires an examination of the schools from which

students have transferred.

794

HR

16. The House bill and the Senate amendment require an examination of action required pursuant to section 1116 of Title I,

part A of each piece of legislation. However, the House bill requirement is more general as to impact and implementation, while the

Senate amendment is more specific as detailed in clauses

(a)(2)(F)(i)–(v) following the Senate amendment. See notes 17–21.

SR with an amendment to strike ‘‘employed’’ and insert ‘‘implemented’’. 17. The House bill does not contain a similar provision.

HR

18. The House bill does not contain a similar provision. However, the House bill does refer to support provided by the SEA and

LEA generally, in subparagraphs (a)(2)(H) and (a)(2)(K). See notes

26 and 29.

HR

19. The Senate amendment requires a specific examination of

public school choice, as defined in section 1116 of Title I, part A,

regarding number of parents taking the option, costs associated

with the option, and the impact on student achievement. The

House bill also requires an examination of public school choice as

defined in section 1116 of Title I, part A, but is more general. See

note 15.

HR with an amendment to insert as new (iii): ‘‘the number of parents who take advantage of the public school

choice provisions of this title, the costs, including transportation costs, associated with implementing these provisions,

and the implementation and impact of these provisions, including the impact of attending another school, on student

achievement;’’ 20. The House bill does not contain a similar provision.

HR

21. The House bill does not contain a similar provision specific

to examining the actions taken regarding reconstitution, as defined

in section 1116 of Title I, part A, of the Senate amendment. Also,

see note 16.

HR with an amendment to strike ‘‘kinds’’ and insert ‘‘implementation and impact’’ before ‘‘actions that are taken’’

and strike ‘‘reconstitution’’ and insert ‘‘corrective action and

restructuring.’’ in (v).

22. See note 11. In addition, the Senate amendment requires

an examination of professional development in this subparagraph,

while the House requires a similar examination of professional development in subparagraph (a)(2)(J). Also, see note 28.

SR

23. The House bill does not contain a similar provision.

HR

24. The House bill does not contain a similar provision.

HR with an amendment to insert ‘‘implemented the provisions of section 1118 and’’ before ‘‘afforded parents’’ and

strike ‘‘at school and at home;’’ in (I).

25. The House bill does not contain a similar provision, although to the extent school improvement reservation can be generally considered assistance available under this title and is tarVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00798 Fmt 6601 Sfmt 6601 E:\HR\OC\A334HR.344 pfrm07 PsN: A334HR
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geted to schools with the most need, see subparagraph (a)(2)(K) of

the House bill and note 29.

SR

26. The House bill and the Senate amendment are substantially the same with minor wording differences.

HR with an amendment to strike the language in Senate

(K) and insert the following language: ‘‘used federal, State,

and local educational agency funds and resources to support schools and provide technical assistance to improve

the achievement of students in low-performing schools, and

the impact of such assistance on such achievement; and’’ 27. The Senate amendment does not contain a similar provision regarding accounting requirements limiting schoolwide programs, although the Senate amendment does require an examination of schoolwide programs in subparagraph (a)(2)(G) of the Senate amendment. See note 11.

SR with an amendment to strike ‘‘limit’’ and insert ‘‘effect, if at all’’ in (I).

28. See note 22 regarding the professional development requirement in the Senate amendment.

SR with an amendment to strike the language in (J) and

insert the following language: ‘‘the implementation and impact of the professional development activities assisted

under this title and title II on instruction and student academic achievement and on teacher qualifications;’’ 29. The Senate amendment does not contain a similar provision, however, see note 25.

SR with an amendment to insert the following language: ‘‘the extent to which the assistance made available under

this title, including funds under section 1003, is targeted to

disadvantaged students, schools, and local educational

agencies with the greatest need.’’ 30. The Senate amendment does not contain a similar provision.

SR

31. The Senate amendment does not contain a similar provision.

SR

32. The House bill does not contain a similar provision.

HR with an amendment to strike ‘‘fully’’ and insert

‘‘highly’’ and to strike ‘‘in four years.’’ and insert ‘‘not later

than the end of 2005–2006 school year.’’

33. The Senate amendment and the House bill require the national assessment authorized under this section to examine how

the programs under Title I have improved student achievement, although the House provision is located in subparagraph (a)(2)(A).

SR

34. The House bill does not contain a similar provision, however, see notes 6 and 7.

SR

35. See note 13.

SR

36. The House bill and the Senate amendment require the national assessment authorized under this section to be longitudinal.

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However, the Senate amendment includes the conditional statement ‘‘to the extent possible’’ and seeks to track students. The

House bill requires a longitudinal study of schools, not students, is

not conditional, and stipulates a number of requirements which the

Senate amendment does not. In addition, the House bill provision

regarding this longitudinal study is located in subsection (c) of the

House bill.

SR

37. The House bill does not contain a similar provision.

HR with an amendment to strike ‘‘to the extent possible’’ and insert ‘‘academic’’ before ‘‘achievement’’;

LC—make last subparagraph of list.

38. The House bill does not contain a similar provision.

HR with an amendment to strike ‘‘performance’’ and insert ‘‘academic achievement’’. 39. The Senate amendment does not contain a similar provision.

SR

40. The Senate amendment does not contain a similar provision as the House bill in paragraph (a)(4) and subparagraph

(a)(4)(A).

SR

41. See note 4.

SR

42. The House bill and the Senate amendment require the Secretary to provide an interim and final report to Congress on the national assessment authorized under this section. However, the

House bill also requires both reports to be submitted to the President. In addition, the House bill stipulates the report must be delivered three years after enactment of the House bill, while the

Senate amendment sets a date certain for delivery of the report of

December 20, 2004. The Senate amendment provisions regarding

the report are located in subsection (e) of the Senate amendment.

SR with an amendment to strike ‘‘Congress’’ and insert

‘‘House Education and the Workforce Committee and Senate

Health, Education, Labor and Pensions Committee’’; LC

make uniform throughout Act.

43. The House bill, but not the Senate amendment, requires

the final report on the national assessment authorized under this

section to be delivered no more than 4 years after enactment of the

House bill. The Senate amendment requires the final report to be

delivered by a date certain of December 20, 2007, which is later

than the deadline contained in the House bill.

SR with an amendment to strike ‘‘4’’ and insert ‘‘5’’.

44. The House bill and the Senate amendment are substantially the same in the provisions regarding authorizing the Secretary to undertake additional studies and data collection with

minor wording differences and with the exception indicated in note

45.

SR with an amendment to strike House (A) and insert

Senate (1) in its place.

45. The Senate amendment does not contain a similar provision.

SR

797

46. See note 42.

SR

47. See note 43.

SR

48. See note 36; otherwise, the Senate amendment does not

contain similar provisions.

SR with an amendment to strike ‘‘performance’’ and insert ‘‘achievement’’ in (A);

LC—conform (A)–(F) to previous changes.

49. See note 4; otherwise, the Senate amendment does not contain similar provisions.

SR with an amendment to change (iii) to new (iv) and

insert as new (iii) ‘‘parents, members of local boards of education, and other organizations involved with the implementation and operation of programs under this title.’’; Strike ‘‘a

majority of the number of’’ and insert ‘‘include’’ in House

(B)(i).

Report Language:

The Conferees intend that parents or other representatives of migrant children, homeless children, and limited

English proficient children be included among ‘‘parents,’’

and that civil rights groups, test publishers, participating

private schools, and faith-based organizations with educational expertise, be included among the ‘‘other organizations involved with the implementation and operation of

programs under this title.’’

50. The House bill, but not the Senate amendment, makes

minor technical changes to section 1502.

SR

51. House bill renames program as ‘‘Ellender-Close Up Fellowship Program’’ and the Senate amendment renames program as

‘‘Close Up Fellowship Program.’’

HR

52. Both House bill and Senate amendment contain findings,

but the findings differ.

HR/SR—No findings

53. Virtually identical provisions.

SR

54. Virtually identical provisions.

LC

55. House bill uses the term ‘‘recent immigrants’’ and Senate

amendment uses the term ‘‘students with migrant parents.’’

HR

56. Identical title.

LC

57. House bill, but not Senate amendment, contains additional

language ‘‘to promote greater civic understanding and responsibility among the students of such teachers.’’

SR

58. Virtually identical provisions.

SR

59. Virtually identical provisions.

LC

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60. House bill entitled ‘‘Programs for Recent Immigrants and

Students of Migrant Parents.’’ Senate Amendment entitled ‘‘Programs for New Americans.’’ HR

61. House bill authorizes Close Up Foundation to carry out

programs among economically disadvantaged recent immigrants

and students of migrant parents. Senate amendment authorizes

Close Up Foundation to carry out programs among economically

disadvantaged secondary school students who are recent immigrants.

HR with an amendment to insert ‘‘middle and’’ before ‘‘secondary school students’’. 62. House bill contains no similar provision.

HR

63. Under House bill, grants shall be used for financial assistance to economically disadvantaged older Americans, recent immigrants and students of migrant parents who participate in the program. Under Senate amendment, grants shall be used only to provide financial assistance to economically disadvantaged recent immigrant students who participate in the program.

HR with an amendment to insert ‘‘and their teachers’’ after ‘‘recent immigrant students’’ and insert ‘‘and teachers’’ after ‘‘by such students’’. 64. Virtually identical provisions.

LC

65. House bill requires applications to contain provisions to assure that fellowship grants are made to economically disadvantaged recent immigrants and students of migrant parents. Senate

amendment requires applications to contain provisions to assure

that fellowship grants are made to economically disadvantaged secondary school students.

HR with an amendment to insert ‘‘middle school and’’ before ‘‘secondary school students;’’. 66. House bill requires applications to contain provisions that

every effort will be made to ensure the participation of recent immigrants and students of migrant parents from rural and small

town areas. Senate amendment requires applications to contain

provisions that every effort shall be made to ensure the participation of recent immigrant students from rural and small town areas

HR

67. House bill gives special consideration to the participation

of recent immigrants and students of migrant parents with special

needs, including individuals with disabilities, ethnic minorities,

and gifted and talented students. Senate amendment states that in

awarding fellowships to economically disadvantaged recent immigrant students, special consideration will be given to the participation of those students with special educational needs, including students with disabilities, students with migrant parents and ethnic

minority students.

HR

68. Similar provisions.

LC

69. Similar provisions.

LC

799

70. House bill contains no similar provision.

HR

71. Virtually identical provision.

LC

72. Virtually identical provision.

LC

73. House bill stipulates that the Secretary may use not more

than 30 percent to carry out subsection (c) of this section (programs

for middle and secondary school teachers). Senate amendment stipulates that not more than 30 percent may be used for middle and

secondary school teachers and teachers of recent immigrants associated with students participating in the programs described in sections 2511, 2521 and 2531.

HR

74. House bill authorizes such sums as may be necessary for

FY 02 and for each of the 4 succeeding fiscal years. Senate amendment authorizes to carry out the provisions of subparts 1, 2, and

3 of this part $6,000,000 for FY 02 and such sums as may be necessary for each of the four succeeding fiscal years.

SR with an amendment to strike ‘‘4 succeeding’’ and insert ‘‘5 succeeding’’.

76. Senate amendment contains no similar provision.

SR

Title I, Part F—Comprehensive School Reform

1. The House bill and the Senate amendment designate the

comprehensive school reform program as different parts within

each respective piece of legislation.

LC

2. The House bill, but not the Senate amendment, contains

findings.

HR

3. The House bill and the Senate amendment are substantially

the same in the PURPOSE section, except the Senate amendment

adds the word ‘‘promising’’ before ‘‘effective practices’’. In addition,

the House references ‘‘academic achievement standards’’, while the

Senate references ‘‘student performance standards’’.

SR with LC on further references to standards.

4. The Senate amendment, but not the House bill, references

‘‘allotments’’, as described in paragraph (2) following. Otherwise,

the House bill and Senate amendment are the same with a technical difference in cross-references.

LC

5. The House bill and Senate amendment have different paragraph headings.

LC

6. The Senate amendment, but not the House bill, specifically

refers to the Title I section authorizing funds for this part.

HR

7. The Senate amendment, but not the House bill, has language regarding the amounts the Secretary may reserve for the entities listed based on their need for assistance.

HR

800

8. The House bill and the Senate amendment are the same

with a technical difference in cross-references.

LC

9. The House bill allows the Secretary to reserve 2% of the

amount appropriated in FY 02 for quality initiatives, while the

Senate amendment allows a reservation of 3%. The House bill and

Senate amendment also have a technical difference in cross-references.

SR with an amendment to change 2% to 3%.

10. The Senate amendment, but not the House bill, specifically

refers to the Title I section authorizing funds for this part, otherwise the House bill and Senate amendment are substantially the

same.

HR with an amendment to include House subparagraph

(C) regarding the Secretary’s reallocation of funds to the

States.

11. The Senate amendment, unlike the House bill, does not

have a ‘‘STATE AWARDS’’ subsection heading.

HR

12. The House bill and Senate amendment are substantially

the same with a minor wording difference that does not affect the

meaning.

LC

13. The House bill and the Senate amendment are the same

with a technical difference in cross-references.

LC

14. The House bill, but not the Senate amendment, requires

comprehensive school reform program technical assistance providers to be financially stable. The Senate amendment, but not the

House bill, requires comprehensive school reform program technical

assistance providers have capacity to deliver on-site support during

reform implementation.

SR on House reference to financially stable.

HR on Senate reference to on-site support.

15. The Senate amendment, but not the House bill, adds the

word ‘‘promising’’ before ‘‘effective practices’’. The House bill requires dissemination of ‘‘materials’’, while the Senate amendment

requires dissemination of ‘‘information’’.

SR on House reference to effective practices.

SR with an amendment to include ‘‘and information’’

after ‘‘materials’’.

16. The House bill, but not the Senate amendment, contains

the phrase ‘‘and to participating schools’’. The House bill requires

technical assistance to be provided, while the Senate amendment

requires technical assistance to be made available.

SR

17. The Senate amendment, but not the House bill, contains

the word ‘‘STATE’’ in the heading.

LC

18. The House bill and Senate amendment are substantially

the same with a technical difference in cross-references. The Senate amendment refers to subgrants from SEAs to LEAs, while the

House amendment refers to grants from SEAs to LEAs throughout

the remainder of this subsection (or, in the case of the Senate

801

amendment, throughout this section), with the exception indicated

in note 21.

LC

19. The House bill and the Senate amendment have different

headings.

LC

20. The House bill refers to ‘‘schools’’, while the Senate amendment refers to ‘‘school’’.

HR with an amendment to add ‘‘or schools’’ after

‘‘school’’.

21. The Senate amendment, but not the House bill, adds the

words ‘‘or consortia’’. The Senate amendment refers to the SEA,

while the House bill refers to the State.

HR

22. The Senate amendment, but not the House bill, requires

SEAs to give priority to both conditions in paragraphs in (1) and

(2) when awarding subgrants to LEAs or consortia thereof. The

House bill, but not the Senate amendment, requires SEAs to only

give priority either to clause (i), or clause (ii), when awarding subgrants to LEAs. With this exception and that indicated in note 21,

the House bill and Senate amendment are substantially the same

in the PRIORITY provisions.

HR

23. The House bill and Senate amendment are substantially

the same with minor, technical wording differences.

LC

24. The House bill and Senate amendment are substantially

the same except the House bill refers to the States ‘‘annual’’ evaluation and the Senate bill does not and with other minor, technical

wording differences.

SR/LC

25. The House bill and Senate amendment have different headings.

SR/LC

26. The Senate amendment, but not the House bill, requires

LEAs to submit an application to the SEA as the SEA may require.

Otherwise the content of LEA applications in the House bill and

the Senate amendment are substantially the same with the exceptions indicated in notes 27 and 28.

HR

27. The Senate amendment, but not the House bill, adds the

word ‘‘promising’’ before ‘‘effective practices’’.

SR

28. The Senate amendment, but not the House bill, adds the

word ‘‘comprehensive’’ before ‘‘reforms’’.

HR

29. The House bill, unlike the Senate amendment, does not

have a section heading.

LC

30. The House bill and Senate amendment have different headings. The Senate amendment, but not the House bill, refers to

LEAs or consortia thereof. In addition, the Senate amendment, but

not the House bill, requires LEAs to award subgrants to schools eliVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00805 Fmt 6601 Sfmt 6601 E:\HR\OC\A334HR.347 pfrm07 PsN: A334HR
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gible for assistance under part A of Title I and that are served by

that agency.

HR

LC regarding headings.

31. The House bill and the Senate amendment are substantially the same with the exception indicated in note 27, and the

House bill references those strategies and methods replicated in

similar schools, while the Senate amendment does not reference

similar schools.

SR with an amendment to strike ‘‘similar’’. 32. See note 3, specifically that part regarding standards.

LC regarding ‘‘academic achievement standards’’. 33. The House bill, but not the Senate amendment, requires

benchmarks for student performance goals in a school’s comprehensive school reform program. The House bill refers to ‘‘other professional staff’’ while the Senate amendment refers to ‘‘school personnel staff’’. HR to include both terms: ‘‘other professional staff’’ and ‘‘school personnel staff’’. SR to include (E) regarding comprehensive school reform programs being supported by teachers, principals, administrators, and other professional staff.

34. The House bill requires the involvement of parents in ‘‘planning and implementing’’ school improvement activities, while

the Senate amendment requires parental involvement to ‘‘strengthen’’ school improvement activities.

SR with an amendment to strike ‘‘and’’ and insert ‘‘,’’. Add ‘‘and evaluating’’ after ‘‘implementing’’ and add at end ‘‘consistent with section 1118’’. 35. The House bill, but not the Senate amendment, requires an

annual evaluation of student results achieved. The Senate amendment refers to an evaluation of student performance.

SR

36. The House bill and the Senate amendment are substantially the same with minor technical wording differences.

LC

37. The House bill, but not the Senate amendment, requires a

school’s comprehensive school reform program to have been proven

effective in improving academic performance through field testing

or which has a strong evidentiary basis as described in subparagraph (J)(i) and (ii).

SR with an amendment to strike ‘‘rigorous field experiments in multiple cites’’; and insert ‘‘scientifically based research’’ and strike all references to ‘‘similar’’.

38. The House bill and Senate amendment are substantially

the same with minor wording differences, including a technical difference in cross-references.

LC

39. The House bill and Senate amendment have different headings.

SR

40. The House bill and Senate amendment are substantially

the same with a minor wording difference that does not affect the

meaning.

803

LC

41. The Senate amendment requires the Secretary of Education to submit an interim report on comprehensive school reform

implementation to Congress, while the House bill requires the Secretary to submit an interim report on the first year of comprehensive school reform implementation to Congress.

HR with an amendment to strike ‘‘Prior to the completion of the national evaluation.’’ Also strike ‘‘an interim’’ and

insert ‘‘a’’. After ‘‘describing’’ add ‘‘results of the evaluation

under subsection (b)’’. Also strike ‘‘implementation activities’’ and ‘‘which began in 1998’’. 42. The Senate amendment requires the Secretary to ‘‘promote’’ the activities described in the following paragraphs, while the

House bill requires the Secretary to ‘‘provide funds’’ for these activities.

SR

43. The House bill and Senate amendment are similar in paragraphs (1) and (2), with minor wording differences, a technical difference in cross-references, and with the exceptions indicated in the

next two notes.

LC

44. The Senate amendment, but not the House bill, requires

the Secretary to support activities that promote financial stability

in comprehensive school reform providers.

HR

45. The House bill, but not the Senate amendment, requires

the Secretary to provide funds for activities to ensure high quality

services meeting the needs of teachers and students. The Senate

amendment requires activities to ‘‘assure quality’’ in paragraph (2).

HR

Authorization Level: House $260 million. Senate $500 million.

SR with an amendment to strike ‘‘$260 million’’ and replace with ‘‘such sums’’.

Title I, Part G—Rural Education

(New Title VI, Part B)

1. House bill authorizes program in Title I, Part G and short

title is ‘Rural Education Initiative Act.’ Senate amendment authorizes program in Title V, Part B, Subpart 2 and short title is ‘Rural

Education Achievement Program.’ HR with an agreement to move to Title VI, Part B.

2. Senate amendment, but not House bill, contains purpose.

HR

3. House bill, but not Senate amendment, contains findings.

HR

4. House bill ‘‘Subpart 1—Rural Education Flexibility.’’ Senate

amendment ‘‘Chapter 1—Small, Rural School Achievement Program.’’

HR

5. Under House bill, a school district may use applicable funding for the local activities authorized in: Title I Part A; Title II Part

A (teacher quality), Title III Part A (education of limited English

804

proficient and immigrant children); Title IV Part A (innovative programs); Title V Part A (safe schools and 21st century schools); or

Title V Part B (enhancing education through technology). Under

Senate amendment, a school district may use applicable funding for

the activities authorized in: Section 1114 (schoolwide programs);

Section 1115 (targeted assistance schools); Section 1116 (assessments and school improvement); Section 2123 (teacher quality— local uses of state grant funds); Section 4116 (safe and drug-free

schools—local drug and violence prevention); or Section 5331(b)

(local activities under innovative education program strategies).

SR

6. Under House bill, eligibility is limited to fewer than 600 students in average daily attendance, and all of its schools with a

School Locale Code of 7 or 8. Under Senate amendment, eligibility

is limited to (1) Fewer than 600 students in average daily attendance or all schools in the district located in counties with a population density of fewer than 10 persons per square mile, and (2) all

schools have a Locale Code of 7 or 8.

HR

7. Under House bill, the Secretary shall determine whether or

not to waive the School Locale Code requirement based on a demonstration by an LEA and concurrence by the SEA, that the LEA

is located in an area defined as rural by a governmental agency of

the State. Under Senate amendment, the Secretary may waive the

School Locale Code requirement if the Secretary determines, based

on information demonstrated by the LEA or the SEA on behalf of

the LEA, that the LEA is located in an area defined as rural by

a governmental agency of the State.

SR

8. House bill applicable funding: Title II A (teacher quality);

Section 3106 (education of limited English proficient and immigrant children); Title IV Part A (innovative programs); Title V Part

A, Subpart 1 (safe schools); and Section 5212(a)(2)(A) (enhancing

education through technology). Senate amendment applicable funding: Title II (teacher quality); Title IV (Safe and Drug-Free Schools

and Communities Act of 1994); and Title V Part B, Subpart 4 (innovative education program strategies).

HR/SR with an agreement for ‘‘applicable funding’’ to include: Subpart 2 of Title II (Teachers); Section 2412(a)(2)(A)

(Technology); Section 4114 (Safe and Drugfree Schools); and

Part A of Title V (Innovative Programs).

9. Similar provision.

LC

10. Similar provision.

LC

11. House bill contains no similar provision.

HR

12. Under House bill, grants are authorized for eligible LEAs

to support local or statewide education reform efforts intended to

improve the academic achievement of elementary school and secondary school students and the quality of instruction provided for

the students. Under Senate amendment, grants authorized for eligible LEAs for the same activities supported under the flexibility

authority with the addition of: Section 2213 (mathematics and

805

science partnerships), or Section 2306 (state and local programs for

technology).

HR with an amendment to mirror Note 5 uses.

13. Similar provision except that the amount in House bill is

based on the preceding fiscal year and the Senate amendment is

based on the same fiscal year.

SR

14. Virtually identical provision.

LC

15. Virtually identical provision.

LC

16. Identical provision.

LC

17. Identical provision.

LC

18. Senate amendment, but not House bill, contains penalty.

HR

19. Identical provision.

LC

20. Similar provision.

SR

21. Identical provision.

LC

22. House bill has no similar provision.

HR

23. Under House bill, LEA must administer assessments consistent with the provisions of ESEA Title I, Section 1111. SEA permits only a district meeting ‘‘adequate yearly progress’’ as defined

under Section 1111 to continue to participate after second year of

participation. Under Senate amendment, LEA must assess its student achievement using statewide assessment consistent with the

assessment under ESEA Title I, Section 1111(b), or, absent such

assessment, a test of its own selection. State permits an LEA to

continue for additional three-year period only if its students perform ‘‘better’’ on the assessment after the third year than they did

in the first year. An LEA that does not meet this criterion is ineligible to participate for a 3–year period.

SR with an amendment to read as follows:

‘‘(1) after each third year that a local educational agency

participates in a program under section 1711 or 1712 and on

the basis of the results of the assessments described in subsection (a), determine whether the schools served by the local

educational agency participating in the program performed in

accordance with section 1111;

‘‘(2) permit those local educational agencies that participated and make adequate yearly progress, as described in section 1111(b)(2), to continue to participate; and,

‘‘(3) only permit those local educational agencies that participated and fail to make adequate yearly progress, as described in section 1111(b)(2), to continue to participate if they

disburse applicable funding under section 1711(c) to carry out

the requirements of section 1116.’’

806

24. House bill ‘‘Subpart 2—Rural Education Assistance.’’ Senate amendment ‘‘Chapter 2—Low-Income and Rural School Program.’’

HR with an amendment to change title to ‘‘Rural and

Low Income School Program’’. 25. House bill, but not Senate amendment, contains provision

to reserve 1⁄2 of 1 percent for Bureau of Indian Affairs.

SR with an amendment to add .5% reservation for outlying areas.

26. Similar provision.

LC

27. Virtually identical provision.

LC

28. Virtually identical provision.

LC

29. Under House bill, funds can be used for teacher recruitment and retention, professional development for teachers, acquisition of educational technology, parental involvement activities, or

programs to improve student achievement. Under Senate amendment, funds can be used for the activities described in Section

5331(b) (local activities authorized under Title V Part B, Subpart

4—innovative programs). These uses include ones similar to those

identified in House bill and other uses, such as acquisition of instructional materials, assessments, and curricular materials; and

student and parental literacy efforts.

SR with an amendment to strike (E) and insert ‘‘(E) Safe

and Drug Free Schools; (F) Title I, part A; and (G) Programs

for Limited English Proficient Students’’ 30. Similar provision.

LC

31. House bill, but not Senate amendment, allows the State, as

appropriate, to define formula.

SR with an amendment to read as follows:

(2) according to a formula based on the number of students

in average daily attendance served by the eligible local educational agencies or schools in the State. The State educational

agency may use a formula not based on the number of students

in average daily attendance if the State educational agency

demonstrates, to the satisfaction of the Secretary and prior to

awarding grants to local educational agencies, that the State

educational agency will allocate funds according to a formula

which serves high concentrations of children from low-income

families at a level proportional to or higher than the level that

would occur with a formula based on the number of students

in average daily attendance.

Report Language:

The conferees note that the objective of this section is

to allow the State educational agency the flexibility to implement their own formula so long as that formula is more

likely to allocate funds to areas of high concentrations of

poverty than a formula based on average daily attendance.

32. Virtually identical provision.

SR with an amendment to insert ‘‘and technical assistance to eligible LEA’s’’ after ‘‘administrative costs’’.

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33. Similar provision.

HR

34. Similar provision except that House bill also requires the

SEA to describe the method used to provide assistance to schools.

SR

35. Virtually identical provision.

LC

36. Virtually identical provision.

LC

37. Senate amendment, but not House bill, contains ‘‘supplement not supplant’’ provision.

HR

38. Virtually identical provision.

LC

39. Senate amendment, but not House bill, contains provision

that requires LEAs that receive a grant to administer an assessment to determine the academic achievement of students in the

schools served by the LEA.

HR with an amendment to amend Senate amendment (c)

to read as follows (consistent with Note 23): ‘‘(c) ACADEMIC ACHIEVEMENT.— ‘‘(1) IN GENERAL.—Each local educational agency that receives a grant under this chapter [subpart] for a fiscal year

shall administer an assessment consistent with section 1111. ‘‘(2) SPECIAL RULE.—Each local educational agency that receives a grant under this chapter [subpart] shall use the same

assessment described in paragraph (1) for each year of participation in the program carried out under this chapter [subpart].’’ 40. House bill, but not Senate amendment, requires the Secretary to prepare a report for Congress.

SR with an amendment to strike ‘‘annual’’ and insert ‘‘biennial’’ in (c).

41. House bill requires the Secretary to review the progress of

the SEA or specially qualified agency in achieving goals and objectives and determine whether the agency has made progress toward

meeting such goals and objectives. Senate amendment requires the

SEA to determine whether students served by an LEA participating in the program performed better on assessments after the

3rd year of participation than the students performed on the assessments after the first year of participation.

HR with an amendment to amend Senate amendment

(d) to read as follows (consistent with Note 23):

‘‘(d) STATE EDUCATIONAL AGENCY DETERMINATION REGARDING

CONTINUING PARTICIPATION.—Each State educational agency that

receives a grant under this chapter [subpart] shall—

‘‘(1) after each third year that a local educational agency

receives funds under this chapter [subpart] and on the basis of

the results of the assessments described in subsection (c), determine whether the schools served by such local educational

agency performed in accordance with section 1111; ‘‘(2) permit such local educational agencies that make adequate yearly progress, as described in section 1111(b)(2), to

continue to receive grants; and,

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‘‘(3) only permit such local educational agencies that fail to

make adequate yearly progress, as described in section

1111(b)(2), to continue to receive grants if they disburse such

grants to carry out the requirements of section 1116.’’

42. House bill, but not Senate amendment, requires the Secretary to review the use of funds of the SEA or specially qualified

agency.

HR

43. Senate amendment, but not House bill, permits only the

LEAs that performed better on assessments (as described in Note

39) to continue to participate in the program for an additional 3

years.

HR

44. House bill permits the Secretary to deny the provision of

additional funds in subsequent fiscal years to an agency only if the

Secretary determines, after notice and an opportunity for a hearing, that the agency’s use of funds has been inadequate to justify

continuation of such funding. Senate amendment prohibits the

LEAs that participated in the program and served students that

did not perform better on assessments (as described in Note 39)

from participating in the program for a period of 3 years from the

date of the determination.

HR

45. Identical definition.

LC

46. Similar definition.

LC

47. House bill, but not Senate amendment, contains definition

for State.

HR

48. House bill authorizes $300 million for FY 02 and such

sums as may be necessary for the next four years with the appropriation divided evenly between the two programs (authorization

from Section 1002). Senate amendment authorizes $150 million for

each of the two programs for FY 02 and such sums as may be necessary for each of the next six fiscal years.

HR/SR with an agreement to authorize $300 million for

FY 2002 and such sums as may be necessary for each of 5

succeeding fiscal years to be distributed equally between

subparts 1 and 2.

Title I, Part H—General Provisions

(New Title I, Part I)

1. The House bill, but not the Senate amendment, makes several changes to the general provisions of Title I and includes them

in Title I, Part H of the House bill. The Senate amendment retains

current law for the general provisions for Title I. The Senate

amendment redesignates sections 1601 through 1604 of current

law, respectively, as sections 1901 through 1904. See section 161(2)

of the Senate amendment regarding the redesignation.

SR with amendment to add ‘‘and other organizations’’

after ‘‘local boards of education’’; Strike ‘‘ensure reasonable

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compliance’’ and insert ‘‘reasonably ensure that there is

compliance’’.

Report Language:

The Conferees intend that parents or other representatives of migrant children, homeless children, and limited

English proficient children be included among ‘‘parents,’’

and that civil rights groups, test publishers, participating

private schools, and faith-based organizations with educational expertise be included among the ‘‘other organizations involved with the implementation and operation of

programs under this title.’’

2. The House bill requires the Secretary to establish a negotiated rulemaking process on a minimum of three key issues, including accountability, implementation of assessments, and use of

paraprofessionals. The Senate amendment retains current law

which requires a negotiated rulemaking process on at least two key

issues, including (i) schoolwide programs and (ii) standards and assessments.

SR with an amendment to: Strike (b)(A) and replace

with

‘‘(A) at a minimum, establish a negotiated rulemaking

process on standards and assessments.’’;

Insert at (b)(3)(B), before the semicolon, ‘‘in such numbers

as will provide an equitable balance between representatives of parents and students and representatives of educators and education officials.’’; and Strike ‘‘regulations’’

and add ‘‘policy options’’ in (b)(3)(C).

Report Language:

The Conferees intend that the Secretary select individuals to participate in the Title I negotiated rulemaking in

numbers that will provide an equitable balance between

representatives of parents and students and representatives

of educators and education officials. The Conferees do not

intend this language to require strict numerical equality or

comparability among these representatives. Rather, the

Conferees intend the Secretary to have flexibility in selecting the conferees, while ensuring that the views of both program beneficiaries and program providers are fairly heard

and considered.

3. The House bill, includes provisions governing agreements

and record keeping on proposed regulations and negotiated rulemaking. The Senate amendment retains current law.

SR

4. The House bill includes a provision on state rulemaking and

regulations. The Senate amendment retains current law.

SR

5. The House bill authorizes a committee of practitioners. The

Senate amendment retains current law. See also section 1002(i) of

the House bill for authorization of state administrative expenses.

The Senate amendment retains current law on the Committee of

Practitioners and includes the authorization for administrative expenses here.

SR

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6. The House bill includes a local administrative costs limitation of not more than 4 percent. The Senate amendment has no

provision.

HR with report language:

The Conferees intend LEAs to use only the necessary

and appropriate amount of funds to provide for administrative expenses based on a reasonable definition of such expenses. However, the Conferees recognize the need for additional information regarding this matter and thereby direct

the Comptroller General of the General Accounting Office to

undertake a study of the definitions of administrative expenses employed by LEAs across the States and the amount

of funds reserved for such expenses. The design of such

study will be developed by Congress in consultation with

the GAO and, as appropriate, with the Secretary of Education.

7. The Senate amendment, but not the House bill, includes a

provision in section 1120C of part A of Title I that prohibits the

use of funds by a local educational agency for certain activities. See

also Title I, Part A, subpart 1 for placement of this section.

SR

8. The Senate amendment, but not the House bill, provides for

not less than 6 audits of local educational agencies to determine

how such agencies are expending Title I funds.

HR with amendment to strike ‘‘the Office of Inspector

General’’ and add ‘‘General Accounting Office’’ in (a) and (b).

9. The House bill, but not the Senate amendment, ensures that

no provision of Title I affects home schools. See note 125 from Title

VIII (General Provisions for all of ESEA) of House bill which applies the rule of construction to the entire Act (section 8508 of Title

VIII). The Senate amendment includes a similar provision in section 17(a) and section 11, also referenced in note 125.

HR

10. The House bill, but not the Senate amendment, ensures

that no provision of Title I affects private schools that do not receive Title I funds, and no student at such a school is required to

participate in assessments referenced in Title I. See note 126 from

Title VIII (General Provisions for all of ESEA) of the House bill

which applies similar rule of construction to the entire Act (section

8509 of Title VIII). The Senate amendment includes a similar provision in section 17(b), also referenced in note 126.

HR

11. The House bill, but not the Senate amendment, ensures

that the privacy of individual assessments results are protected

from disclosure under section 444 of the General Education Provisions Act. The Senate amendment includes a similar provision in

section 1111(j)(1)(F) of Title I, Part A but references section 445

rather than section 444.

SR with amendment to move Section 1807 to Title VIII

(General Provisions).

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Title II—Teacher and Principal Quality

(New Title II, Parts A, B, and C)

1. House bill Title II is ‘‘Preparing, Training, and Recruiting

Quality Teachers.’’ Senate amendment Title II is ‘‘Teachers and

Principals.’’

SR with an amendment to insert ‘‘and Principals’’ after

‘‘Teachers’’.

2. House bill Section 201 is ‘‘Teacher Quality Training and Recruiting Fund.’’ Senate amendment Section 201 is ‘‘Teacher Quality.’’

SR with an amendment to insert ‘‘and Principal’’ after

‘‘Teacher’’.

3. Identical provision.

LC

4. House bill is ‘‘Preparing, Training, and Recruiting Quality

Teachers.’’ Senate amendment is ‘‘Teachers and Principals.’’

SR with an amendment to insert ‘‘and Principals’’ after

‘‘Teachers’’.

5. House bill Part A is ‘‘Teacher Quality Training and Recruiting Fund.’’ Senate amendment Part A is ‘‘Teacher and Principal

Quality.’’

SR with an amendment to insert ‘‘and Principal’’ after

‘‘Teacher’’.

6. Similar provisions.

HR with an amendment to strike ‘‘and student performance’’ in Senate (3) and to redesignate Senate (3) as (2).

7. Senate amendment, but not House bill, contains purpose to

hold LEAs and schools accountable so that all teachers teaching

core academic subjects in public schools, in which not less than 50

percent of the students are from low-income families, are highly

qualified.

SR

8. Senate amendment, but not House bill, contains purpose of

holding LEAs and schools accountable for improvements in student

academic achievement and student performance.

SR (redesignated as (2) in Note 6).

9. House bill Subpart 1 is ‘‘Grants to States to Prepare, Train,

and Recruit Qualified Teachers.’’ Senate amendment Subpart 1 is

‘‘Grants to States.’’

HR

10. Similar provisions.

LC

11. Similar provisions.

LC

12. House bill names individual outlying areas; Senate amendment cites ‘‘outlying areas.’’

SR

13. Similar provisions.

SR with an amendment to strike ‘‘for professional development activities for teachers, other staff, and administrators’’.

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14. Senate amendment, but not House bill, limits the amount

of funds that may be reserved for BIA and Outlying Areas to the

amount received by these entities in FY 01.

SR

15. Similar provisions (wording differs).

LC

16. House bill, but not Senate amendment, sets the hold harmless amount for nonparticipating States at what they would have

received in FY 01, had they participated.

HR

17. Similar provision.

LC

18. House bill formula to the States is 50% based on population and 50% based on poverty. Senate amendment formula to

the States is 35% based on population and 65% based on poverty.

HR

19. House bill defines poverty here based on OMB definition

and Senate amendment defines poverty in Section 2102 based on

OMB definition.

HR

20. Similar small State minimum.

LC

21. Similar provisions (wording differs).

LC

22. House bill, but not Senate amendment, has language that

provides that funds granted under this Subpart shall be used to

carry out activities for the improvement of teaching and learning.

HR

23. Under House bill, States may reserve not more than 5% of

funds for one or more of the authorized State activities described

in Subsection (e) [Authorized State Activities]; and for planning

and administration related to carrying out such activities and making subgrants to LEAs under Subparts 2 [math and science partnerships] and 3 [Subgrants to LEAs]. Under Senate amendment,

States must reserve 2% of funds available for State activities described in Subsection (b) [State Activities]; 95% of the funds to

make subgrants to LEAs as described in Subpart 2 [Subgrants to

LEAs]; and 3% of the funds to make subgrants to local partnerships as described in Subpart 3 [Subgrants to Eligible Partnerships].

HR with an amendment to read as follows:

‘‘SEC. 2113. STATE USE OF FUNDS.

‘‘(a) IN GENERAL.—A State that receives a grant under section

2111 shall—

‘‘(1) reserve 95 percent of the funds to make subgrants to

local educational agencies as described in subpart 2 [Subgrants

to Local Educational Agencies];

‘‘(2) reserve 2.5 percent (or, for a fiscal year described in

subsection (b), the percentage determined under subsection (b))

of the funds to make subgrants to local partnerships as described in subpart 3 [Subgrants to Eligible Partnerships]; and

‘‘(3) use the remainder of the funds for State activities.

‘‘(b) SPECIAL RULE.—For any fiscal year for which the total

amount that would be reserved by all States under subsection

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(a)(2), if the State applied a 2.5 percentage rate, exceeds

$125,000,000, the Secretary shall determine an alternative percentage that the States shall apply for that fiscal year under subsection

(a)(2) so that the total amount reserved by all States under subsection (a)(2) equals $125,000,000.’’ 24. House bill, but not Senate amendment, caps State administrative costs at 1% of the total State grant.

SR with an amendment to read as follows: ‘‘(4) ADMINISTRATIVE COSTS.—A State educational agency

or State agency for higher education receiving a grant under

this part may use not more than 1 percent of the amount of

funds provided under the grant for planning and administration related to carrying out activities under subsection (b)

[State Activities] and subpart 3 [Subgrants to Eligible Partnerships].’’ 25. Similar provisions.

LC

26. House bill, but not Senate amendment, provides that a

grant to a State can only be awarded if the State agrees to distribute the funds described in this subsection as subgrants to

LEAs.

SR

27. House bill, but not Senate amendment, contains a hold

harmless provision for LEAs.

SR

28. House bill, but not Senate amendment, contains a provision

for nonparticipating agencies.

SR

29. House bill, but not Senate amendment, contains a provision

for ratable reduction.

SR

30. Similar provisions except House bill provides for allotment

of additional funds (above the LEA hold harmless provision).

SR

31. Similar provisions (20% based on population) except that

House bill is based on the relative enrollment in public and private

nonprofit elementary and secondary schools within LEAs and Senate amendment is based on the number of individuals age 5

through 17 in the geographic area served by LEAs.

HR

32. Similar provisions (80% based on poverty) except that

House bill defines poverty here based on OMB definition and Senate amendment defines poverty in Section 2102 based on OMB definition.

LC

33. House bill, but not Senate amendment, provides that all

new funding above the LEA hold harmless level goes out 50% for

LEAs and 50% for Math and Science partnerships under Subpart

2.

HR

34. House bill, but not Senate amendment, requires States to

award competitive subgrants for Math and Science partnerships

(Senate amendment Section 2201 contains separate program for

math and science partnerships).

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HR

35. Under House bill, but not Senate amendment, although

50% of the excess is for partnerships, that amount cannot equal

more than 15% to 20% of the total state allocation minus State reservation, the precise percentage in that range being chosen by the

State.

HR

36. Under House bill, but not Senate amendment, States must

award at least 15%—but not more than 20%—of the funds (at the

discretion of the State) on a competitive basis to eligible partnerships under Subpart 2.

HR

37. House bill lists authorized activities. Senate amendment

requires SEA to carry out one or more of the listed activities, including through a grant or contract with a for-profit or nonprofit

entity.

HR

38. Similar provision except that Senate amendment includes

language regarding principals.

HR

39. Similar provision except the Senate amendment includes

language regarding principals.

HR

40. Similar provision.

SR

41. Similar provision except that Senate amendment includes

language regarding technology literacy and principals (Senate

amendment also uses term ‘‘performance standards’’).

HR with an amendment to strike ‘‘performance’’ and insert ‘‘academic’’. 42. Similar provisions except that Senate amendment, but not

House bill, specifically mentions ‘‘assistant principals,’’ ‘‘team

teaching,’’ and ‘‘reduced schedules.’’ HR with an amendment to read as follows:

‘‘(2) Carrying out programs that provide support, including

during their initial experience, to teachers, principals, or assistant

principals, such as programs that provide teacher mentoring, team

teaching, reduced schedules, and intensive professional development.’’

43. House bill similar to Senate amendment (8) below.

SR

44. Similar provisions except that Senate amendment, but not

House bill, includes principals and specifically includes MA recipients.

HR

45. House bill, but not Senate amendment, emphasizes math

and science.

SR

46. Similar provisions except that Senate amendment includes

language for pupil services personnel and recruiting specialists in

core academic subjects (Language in Senate amendment paragraph

(6) largely duplicates Senate amendment paragraph (5)).

HR with an amendment to strike Senate (6) and amend

Senate (5) to read as follows:

815

‘‘(5)(A) Developing and implementing effective mechanisms

to assist local educational agencies and schools in effectively

recruiting and retaining highly qualified teachers and principals, including specialists in core academic subjects, and

pupil services personnel. ‘‘(B) SPECIAL RULE.—Funds under this paragraph may be

used for pupil services personnel only in cases in which the

State educational agency deems appropriate, if the State educational agency is making progress toward meeting the objectives described in section 2141(a) [Accountability], and in a

manner consistent with mechanisms to assist local educational

agencies and schools in effectively recruiting and retaining

highly qualified teachers and principals.’’ 47. House bill provides for reforming tenure systems and implementing teacher testing and other procedures to expeditiously

remove ineffective teachers from the classroom. Senate amendment

provides for testing new teachers for subject matter knowledge, and

testing the teachers for State certification or licensing (similar to

House bill (iii) above).

HR/SR with an amendment to combine language in

House bill and Senate amendment and add report language: ‘‘(8) Reforming tenure systems, implementing teacher testing for teachers for subject matter knowledge, and implementing teacher testing for teachers for State certification or

licensing, consistent with title II of the Higher Education Act

of 1965.’’ Report Language:

The conferees recognize that a State educational agency

may elect to reform tenure systems and implement teacher

testing to expeditiously remove ineffective teachers from

the classroom, while ensuring due process consistent with

State law.

48. Similar provisions regarding tenure reform.

HR/SR (addressed in Note 47).

49. Senate amendment contains no similar provision.

SR with an amendment to strike ‘‘enhanced performance’’ and after ‘‘strategies’’ insert ‘‘to document student

academic gains or increases in teachers’ mastery of subjects

they teach.’’

50. Senate amendment contains no similar provision.

SR with an amendment to combine with Note 65.

‘‘(18) Fulfilling the State’s responsibilities concerning proper and efficient administration of the programs carried out

under this part including technical assistance to local educational agencies.’’

51. Similar provision except that House bill provides that reciprocity agreements cannot weaken State teacher certification requirements and Senate amendment includes principals.

SR with an amendment to insert ‘‘and principal’’ after

‘‘reciprocity of teacher’’.

52. Senate amendment contains no similar provision.

SR with an amendment to combine with Note 64.

‘‘(8) Developing or assisting local educational agencies in

the development and utilization of proven, innovative strateVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00819 Fmt 6601 Sfmt 6601 E:\HR\OC\A334HR.355 pfrm07 PsN: A334HR
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gies to deliver intensive professional development programs

that are both cost-effective and easily accessible, such as

through the use of technology, peer networks, and distance

learning.’’ 53. Senate amendment, but not House bill, includes administrators.

HR

54. Similar provision except that Senate amendment contains

specific language regarding the ability to collect, manage, and analyze data to improve teaching, decision making and school improvement efforts and accountability.

HR

55. Similar provision except that House bill includes language

on assessments for teachers and differential pay for teachers in

high need subject areas and House bill also focuses on teachers in

high need subject areas in high-poverty districts.

SR with an amendment to strike ‘‘rigorous assessments

for teachers’’ and add report language:

Report Language:

The Conferees note that locally negotiated and collaboratively designed programs for performance based pay systems are an effective type of merit based pay in that performance based pay systems reward teachers for working

together to raise student achievement for all students

throughout the school.

56. Senate amendment contains no similar provision.

SR

57. Senate amendment contains no similar provision.

SR

58. House bill contains no similar provision.

HR (LC use ‘‘highly qualified’’ throughout this Title; LC

with Note 78).

59. House bill contains no similar provision.

HR

60. House bill contains no similar provision.

HR

61. House bill contains no similar provision.

HR

62. House bill contains no similar provision.

SR

63. House bill contains no similar provision.

HR with an amendment to read as follows:

‘‘(15) Providing professional development for teachers and

principals and, in cases in which a State educational agency

deems appropriate, supporting the participation of pupil services personnel in the same type of professional development activities made available to teachers and principals.’’

64. House bill contains no similar provision.

SR (see Note 52).

65. House bill contains no similar provision.

SR (see Note 50).

66. Similar coordination provision.

LC

67. Similar provisions.

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LC

68. Senate amendment, but not House bill, requires a description of how activities will be based on review of relevant research

and include explanation of why they are expected to improve student performance and outcomes.

HR with an amendment to strike ‘‘relevant’’ and insert

‘‘scientifically based’’ and to strike ‘‘performance and outcomes’’ and insert ‘‘academic achievement’’.

69. Similar provisions.

LC

70. Senate amendment, but not House bill, requires a description of how the SEA will ensure that activities are aligned with

State content standards, student performance standards, and assessments

HR with an amendment read as follows:

‘‘(2) A description of how the State educational agency will

ensure that activities assisted under this subpart are aligned

with State academic content and achievement standards, assessments, and State and local curriculum.’’

71. House bill, but not Senate amendment, requires a description of how the State will use funds under this Part to meet the

requirements of section 1119(a)(2).

SR (LC on reference to section 1119(a)(2)).

72. Senate amendment, but not House bill, requires a description of how SEA will use funds to improve the quality of the State’s

teachers, principals, and assistant principals, and the educational

opportunities for students.

HR with an amendment to strike ‘‘, and the educational

opportunities for students’’.

73. Similar coordination provisions except House bill includes

21st Century Schools (Title V, Part A—Subpart 2), and Senate

amendment includes Title II of HEA.

SR with an amendment to read as follows:

‘‘(3)(A) A description of how the State educational agency

will coordinate professional development activities authorized

under this part with professional development activities provided under other Federal, State, and local programs.

‘‘(B) The application shall also describe the comprehensive

strategy that the State educational agency will take as part of

such coordination effort, to ensure that teachers are trained in

the utilization of technology so that technology and its applications are effectively used in the classroom to improve teaching

and learning in all curriculum and content areas, as appropriate.’’

74. House bill, but not Senate amendment, requires a description of how the State will encourage the development of proven, innovative strategies to deliver intensive professional development

programs such as through the use of technology and distance learning.

SR

75. Similar provisions except House bill cites language (Section

2033) defining a broad range of attributes for the professional development that is to be supported and Senate amendment includes

818

input from paraprofessionals, administrators, and other school personnel (but not principals).

HR/SR to combine language (LC on reference to section

2033):

‘‘(6)(A) A description of how the State educational agency

will ensure compliance with section 2033 and how the activities to be carried out are developed collaboratively and are

based on the input of teachers, principals, parents, administrators, paraprofessionals, and other school personnel.

‘‘(B) In the case of a State where the State educational

agency is not the entity responsible for teacher professional

standards, licensing, and certification an assurance that the

state activities under this subpart are carried out in conjunction with the entity responsible for these activities under State

law.’’

76. Senate amendment, but not House bill, requires a description of how the SEA will ensure that the professional development

(including teacher mentoring) needs of teachers will be met using

funds under this Subpart and Subpart 2.

HR

77. Senate amendment, but not House bill, requires a description of the SEA’s annual measurable performance objectives under

Section 2141 (State Performance Objectives and Accountability).

HR with an amendment to strike ‘‘performance’’.

78. House bill contains no similar provision (although House

bill (2) and Senate amendment (9) both have to do with the quality

objectives regarding teachers).

HR with an amendment to read as follows (LC on references to sections 1119 and 2141):

‘‘(9) A description of how the State educational agency will

use funds under this part to meet the teacher and paraprofessional requirements of section 1119 and how the State educational agency will hold local educational agencies accountable for meeting the measurable objectives under section

2141.’’

79. Senate amendment, but not House bill, requires an assurance that the SEA will consistently monitor the progress of each

LEA in meeting the performance objectives described in Section

2142 (Local Performance Objectives and Accountability).

SR (see Note 172).

80. Senate amendment, but not House bill, requires—in the

case of a State that has a charter school law that exempts teachers

from State certification and licensing requirements—a description

of the basis for the exemption.

HR with an amendment to read as follows:

‘‘(11) In the case of a State that has a charter school law

that exempts teachers from State certification and licensing requirements, the State educational agency shall include as part

of their application the specific portion of the State law which

provides for this exemption.’’

81. House bill contains no similar provision regarding participation by private school children and teachers.

HR

819

82. Similar provision except House bill includes language regarding State notice and opportunity for a hearing.

SR with an amendment to read as follows:

‘‘(c) GENERAL APPROVAL.—A State educational agency’s application submitted pursuant to subsection (a) shall be deemed to be

approved by the Secretary unless the Secretary makes a written

determination, prior to the expiration of the 120 day period beginning on the date that the Secretary receives the application, that

the application is in violation of this part.

‘‘(d) DISAPPROVAL.—The Secretary shall not finally disapprove

an application, except after giving the State educational agency notice and opportunity for a hearing.

‘‘(e) SPECIAL RULE.—If the Secretary finds that the application

is not in compliance, in whole or in part, with the provisions of this

part, the Secretary shall:

‘‘(1) implement the procedures described in subsection (d);

and

‘‘(2) notify the State educational agency of the findings of

non-compliance where such notification shall—

‘‘(A) cite the specific provisions in the application that

are not in compliance; and

‘‘(B) request additional information, only as to those

noncompliant provisions, needed to make the application

compliant.

‘‘(f) If the State educational agency does not respond to the notification described in subsection (e)(2) within 45 days, such application is not approved.

‘‘(g) If the State educational agency does respond to the Secretary’s notification described in subsection (e)(2) within 45 days

with the requested information necessary to make the application

compliant, the Secretary shall approve or disapprove such application not later than 45 days following its resubmission or the end

of the 120 day period described in subsection (c), whichever is

later.’’

83. House bill contains no similar provision. Senate amendment provides funds to the State agency for Higher Education to

make competitive subgrants to eligible partnerships.

HR with an amendment to read as follows and report

language:

‘‘Subpart 3—Subgrants to Eligible Partnerships

‘‘SEC. 2131. SUBGRANTS.

‘‘(a) IN GENERAL.—The State agency for higher education for a

State that receives a grant under section 2111, working in conjunction with the State educational agency (if such agencies are separate) shall use the funds reserved under section 2113(a)(3) to make

subgrants, on a competitive basis, to eligible partnerships to enable

such partnerships to carry out the activities described in section

2133.

‘‘(b) DISTRIBUTION.—The State agency for higher education

shall ensure that—

‘‘(1) such subgrants are equitably distributed by geographic

area within a State; or

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‘‘(2) eligible partnerships in all geographic areas within the

State are served through the subgrants.

‘‘(c) SPECIAL RULE.—No single participant in an eligible partnership may use more than 50 percent of the funds made available

to the partnership under this section.

‘‘SEC. 2132. APPLICATIONS.

‘‘To be eligible to receive a subgrant under this subpart, an eligible partnership shall submit an application to the State agency

for higher education at such time, in such manner, and containing

such information as the agency may require.

‘‘SEC. 2133. USE OF FUNDS.

‘‘(a) IN GENERAL.—An eligible partnership that receives a

subgrant under section 2131 shall use the funds made available

through the subgrant for— ‘‘(1) professional development activities in core academic

subjects to ensure that teachers and highly qualified paraprofessionals, and, if appropriate, principals have subject matter knowledge in the academic subjects that the teachers teach

including the use of computer related technology to enhance

student learning and that principals and assistant principals

have the instructional leadership skills that will help such

principals and assistant principals work most effectively with

teachers to help students master core academic subjects; and

‘‘(2) developing and providing assistance to local educational agencies and individuals who are teachers, highly

qualified paraprofessionals, or principals of schools served by

such agencies, for sustained, high-quality professional development activities that—

‘‘(A) ensure that the individuals are able to use State

academic content standards, academic achievement standards, and assessments to improve instructional practices

and improve student academic achievement; ‘‘(B) may include intensive programs designed to prepare such individuals who will return to a school to provide instruction related to the professional development

described in subparagraph (A) to other such individuals

within such school; and

‘‘(C) may include activities of partnerships between institutions of 1 or more local educational agencies, 1 or

more schools served by such local educational agencies,

and 1 or more institutions of higher education for the purpose of improving teaching and learning at low-performing

schools.

‘‘(b) COORDINATION.—An eligible partnership that receives a

subgrant to carry out this subpart and a grant under section 203

of the Higher Education Act of 1965 shall coordinate the activities

carried out under this subpart and the activities carried out under

section 203.

‘‘SEC. 2134. DEFINITIONS.—

‘‘In this subpart—

‘‘(1) ELIGIBLE PARTNERSHIP.—The term ‘eligible partnership’ means an entity that— ‘‘(A) shall include—

821

‘‘(i) a private or State institution of higher education and the division of the institution that prepares

teachers and principals; ‘‘(ii) a school of arts and sciences; and

‘‘(iii) a high need local educational agency; and ‘‘(B) may include another local educational agency, a

public charter school, an elementary school or secondary

school, an educational service agency, a nonprofit educational organization, another institution of higher education, a school of arts and sciences within such an institution, the division of such an institution that prepares

teachers and principals, a nonprofit cultural organization,

an entity carrying out a prekindergarten program, a teacher organization, principal organization, or a business.

(2) LOW-PERFORMING SCHOOL.—The term ‘low-performing

school’ means an elementary school or secondary school that is

identified under section 1116.’’ Report Language:

The Conferees intend that the partnerships described in

section 2131 [Subgrants to Eligible Partnerships] include

education councils and professional development schools, or

similar partnerships, including those funded under Section

203 of the Higher Education Act, that contain 1 or more

local educational agencies, acting on behalf of elementary

schools or secondary schools served by the agencies and 1

or more institutions of higher education, including community colleges. The purpose of these partnerships is to provide professional development to teachers to ensure that

the teachers are prepared and meet high standards for

teaching, particularly by educating and preparing prospective teachers in a classroom setting and enhancing the

knowledge of in-service teachers while improving the education of the classroom students. Such partnerships also

substantially increase interaction between faculty at institutions of higher education and new and experienced teachers, principals, and other administrators at elementary

schools or secondary schools, and provide support, including preparation time, for such interaction.

84. Similar provision.

HR with an amendment to insert ‘‘local educational

agencies’’ after ‘‘higher education,’’.

85. House bill contains no similar provision.

HR with an amendment to insert ‘‘Improve and’’ before

‘‘upgrade’’ and insert ‘‘, training’’ after ‘‘recruiting’’.

86. Similar provisions (wording differs).

HR

87. Senate amendment contains no similar provision.

HR

88. Similar provisions (wording differs).

SR

89. House bill contains no similar provision.

HR

90. House bill contains no similar provision.

HR

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91. House bill reserves funds for States to award grants to

partnerships (see Section 2023). Senate amendment authorizes a

separate competitive grant program with grants awarded by the

Secretary.

HR with an amendment to read as follows:

‘‘Subpart 1—Grants for Math and Science Partnerships

‘‘SEC. 2211. GRANTS AUTHORIZED.

‘‘(a) GRANTS BY THE SECRETARY.—In any fiscal year in which

the appropriations for this subpart are less than $100,000,000, the

Secretary is authorized to award grants, on a competitive basis, to

eligible partnerships to carry out the authorized activities in section 2213.

‘‘(b) GRANTS TO STATES.—

‘‘(1) In any fiscal year in which the appropriations for this

subpart equal or exceed $100,000,000, the Secretary is authorized to make grants to State educational agencies to enable the

State educational agency to award grants, on a competitive

basis, to eligible partnerships to carry out the authorized activities in section 2213.

‘‘(2) Subject to subparagraph (1), the Secretary shall allot

the amount made available under this subpart for a fiscal year

among the States in proportion to the number of children, aged

5 to 17, who reside within the State from families with incomes

below the poverty line.

‘‘(3) In any fiscal year in which this subsection applies, no

State shall receive less than one half of one percent.’’

92. Senate amendment provides that the Secretary award

grants for 5 years. House bill permits grants between 2 and 5

years.

HR with an amendment to strike ‘‘5’’ and insert ‘‘3’’.

93. Senate amendment, but not House bill, contains a provision

that requires matching funds from States.

HR with an amendment to read as follows:

‘‘(c) SPECIAL RULE.—Grant funds received under this subpart

shall be used to supplement and not supplant funds that would

otherwise be used for activities funded under this subpart.’’

94. Senate amendment requires that the Secretary give a priority for high need LEAs here, while House bill definition of ‘‘eligible partnership’’ requires that eligible partnerships contain a high

need LEA (Section 2026).

SR

95. Similar provision except that House bill is an application

to the State and the Senate amendment is an application to the

Secretary.

HR with an amendment to read as follows:

‘‘SEC. 2212. APPLICATION REQUIREMENTS.

‘‘(a) IN GENERAL.—Each eligible partnership desiring a grant

under this subpart shall submit an application to the Secretary, if

funds are awarded under section 2211(a), and to the State educational agency, if funds are awarded under section 2211(b), at

such time, in such manner, and accompanied by such information

823

as the Secretary or State educational agency, as the case may be,

may require.’’ 96. House bill requires a general assessment while the Senate

amendment delineates specific elements that may be included in

assessment of teacher quality and professional development.

HR with an amendment to read as follows and report

language: ‘‘(1) the results of a comprehensive assessment of the

teacher quality and professional development needs of all the

schools and agencies participating in the eligible partnership

with respect to the teaching and learning of mathematics and

science.’’ Report Language:

The application requirements for the partnership grants

include completing and reporting on a comprehensive assessment of teacher quality in the relevant schools and districts. Such an assessment should include relevant information regarding the needs of the schools and districts with

respect to the quality of teaching and learning of mathematics and science, including, but not limited to: (1) information regarding the participation of students in advanced

courses in mathematics and science; (2) the percentages of

secondary school classes in mathematics and science taught

by teachers with academic majors in mathematics and

science (respectively); (3) the number and percentage of

mathematics and science teachers who participate in content-based professional development activities; and (4) the

extent to which elementary teachers have the necessary

content knowledge to teach mathematics and science.

97. Similar provision except that Senate amendment includes

local standards.

SR with an amendment to insert ‘‘and achievement’’ after ‘‘content’’. 98. Similar provisions.

SR with an amendment to strike ‘‘relevant’’ and insert

‘‘scientifically based’’ in House (3).

99. Senate amendment, but not House bill, requires a description of how the SEA and LEA will comply with requirements regarding participation by private school children and teachers.

HR with an amendment to read as follows:

‘‘(5) a description of how the eligible partnership will continue the activities funded under this subpart after the original

Federal grant has ended.’’

100. House bill provides that the SEA, working in conjunction

with the State agency for higher education (if such agencies are

separate), shall award subgrants on a competitive basis to eligible

partnerships. Senate amendment authorizes a separate competitive

grant program with grants awarded by the Secretary (see Section

2211).

HR

101. House bill, but not Senate amendment, provides that the

State shall award for a period of not less than 2 and not more than

5 years.

HR

824

102. Similar provision.

HR

103. House bill contains no similar provision.

HR

104. House bill contains no similar provision.

HR

105. House bill contains no similar provision.

HR

106. Similar provision except that House bill is more detailed

in summer professional development workshop requirements.

SR with an amendment to insert ‘‘including follow-up

training’’ after ‘‘institutes’’. 107. Similar provisions except that House bill is focused on recruiting math, engineering and science students or mathematicians, engineers and scientists to teaching and Senate amendment

is focused is on recruitment of math and science majors.

HR with an amendment to insert ‘‘, engineering’’ after

mathematics in Senate (3) and insert ‘‘, engineering’’ after ‘‘mathematics’’ each place it appears in Senate (3)(A).

108. House bill contains no similar provision.

HR

109. House bill contains no similar provision.

HR with an amendment to insert ‘‘, engineering’’ after ‘‘mathematics’’. 110. House bill contains no similar provision.

HR with an amendment to insert ‘‘, engineering’’ after ‘‘mathematics’’. 111. House bill contains no similar provision.

HR with an amendment to insert ‘‘, engineering’’ after ‘‘mathematics’’ and strike ‘‘grounded in’’ and insert ‘‘based

on scientifically based’’. 112. House bill contains no similar provision.

HR with an amendment to strike ‘‘novice’’ and insert ‘‘beginning and other’’.

113. Similar provision, except House bill includes mathematicians and engineers, and states a purpose for the activity.

SR

114. House bill contains no similar provision.

HR with an amendment to strike ‘‘master’’ and insert

‘‘exemplary’’.

115. House bill contains no similar provision.

SR

116. House bill contains no similar provision.

SR

117. Senate amendment provides for a priority for high need

LEAs only for the mastery incentive system (House bill requires

that all partnerships contain a high need LEA).

SR

118. House bill, but not Senate amendment, requires States to

give priority to applications seeking to fund summer workshops.

HR

119. House bill contains no similar provision.

SR

120. House bill contains no similar provision.

825

HR with an amendment to read as follows:

‘‘(12) Training teachers and developing programs to encourage young women and other underrepresented individuals

in mathematics and science careers (including engineering and

technology) to pursue postsecondary degrees in majors leading

to such careers.’’

121. Senate amendment does not contain a provision regarding

coordination with the Higher Education Act.

SR with an amendment to read as follows (see Note 299):

‘‘(e) COORDINATION AND CONSULTATION.—

‘‘(1) Partnerships receiving grants under section 203 of the

Higher Education Act of 1965 (20 U.S.C. 1023) shall coordinate

the use of such funds with any related activities carried out by

such partnership with funds made available under this subpart; and

‘‘(2) In carrying out the activities authorized by this subpart, the Secretary shall consult and coordinate activities with

the Director of the National Science Foundation, particularly

with respect to the appropriate roles for the Department and

the Foundation in the conduct of summer workshops, institutes, or partnerships to improve mathematics and science

teaching in elementary schools and secondary schools.’’

122. Similar provision, except all elements listed for Senate

amendment are required; only House bill (1) is required.

SR with an amendment to read as follows (combine

Notes 122 through 128):

‘‘SEC. 2024. EVALUATION AND ACCOUNTABILITY PLAN.

‘‘(a) IN GENERAL.—Each eligible partnership receiving a

subgrant under this subpart shall develop an evaluation and accountability plan for activities assisted under this subpart that includes rigorous objectives that measure the impact of activities

funded under this subpart.

‘‘(b) CONTENTS.—The plan—

‘‘(1) shall include measurable objectives to increase the

number of mathematics and science teachers who participate

in content-based professional development activities; and

‘‘(2) shall include measurable objectives for improved student performance on State mathematics and science assessments or, where applicable, an International Math and Science

Study assessment;

‘‘(3) may include objectives and measures for—

‘‘(A) increased participation by students in advanced

courses in mathematics and science;

‘‘(B) increased percentages of elementary school teachers with academic majors or minors, or group majors or

minors, in mathematics, engineering, or the sciences;

‘‘(C) increased numbers of mathematics and science

teachers who participate in content-based professional development activities; and

‘‘(D) increased percentages of secondary school classes

in mathematics and science taught by teachers with academic majors in mathematics and science, respectively.’’

826

123. House bill, but not Senate amendment, requires plan to

include goals related to increasing the number of math and science

teachers participating in content-based professional development.

SR (see Note 122).

124. Similar provision, except Senate amendment includes performance on TIMSS.

SR (see Note 122).

125. Identical provisions.

SR (see Note 122).

126. Senate amendment contains no similar provision.

SR (see Note 122).

127. House bill contains no similar provision.

SR (see Note 122).

128. Identical provisions.

SR (see Note 122).

129. Similar provision.

LC

130. Similar provision. House bill language applies only to subgrants made for 5-year period (House bill permits grants between

2 and 5 years to be made; only 5 year grants can be made under

Senate amendment.

LC with an agreement to strike ‘‘performance’’.

131. Similar provision except House bill applies only to subgrants made for 5-year period (House bill permits grants between

2 and 5 years; only 5 year grants can be made under Senate

amendment).

HR/SR (delete language).

132. Similar provision.

HR with an amendment to insert ‘‘if funds are awarded

under section 2211(a)’’ after ‘‘a State educational agency’’

(LC on reference to section 2211(a)).

133. House bill does not specifically include an engineering department, but identifies private and state-supported public institutions of higher education; Senate amendment generally refers to institutions of higher education.

HR

134. House bill, but not Senate amendment, requires all partnerships to include a high need LEA.

SR

135. House bill allows another entire higher education institutions or teaching training departments within them. Senate

amendment limits eligibility to only specific departments of higher

education institutions.

HR

136. House bill, but not Senate amendment, specifically includes charter schools and consortia.

SR

137. Identical provision.

LC

138. Similar provision except that Senate amendment identifies a broader array of entities.

HR with an amendment to redraft and include report

language:

827

‘‘(iv) a nonprofit or for-profit organization of demonstrated

effectiveness.’’

Report Language:

The conferees recognize that a nonprofit or for-profit organization of demonstrated effectiveness may include a museum, research institution, or a or high-impact public coalition composed of leaders from business, kindergarten

through grade 12 education, institutions of higher education, public policy organizations, and other organizations.

139. Senate amendment defines ‘‘high need local educational

agency’’ here.

HR/SR with an agreement to move redrafted definition

of ‘high need local educational agency to Title II definitions

(see Note 297).

140. Similar definition (wording differences).

LC

141. Similar provision.

LC

142. Senate amendment, but not House bill, contains special

rule to allow grants to be used to hire teachers to reduce class size

(House bill groups allowable activities together and also allows hiring of teachers).

SR

143. House bill list of uses is permissive. Senate amendment

requires LEAs to carry out at least 1 of these activities.

HR

144. Senate amendment, but not House bill, allows LEAs to

carry out these activities through a grant or contract with a forprofit or nonprofit entity.

HR

145. House bill is similar to Senate amendment Section

2123(a) (Special Rule). Senate amendment specifies retention as a

focus on these activities (in subsequent provision House bill addresses retention).

HR with an amendment to read as follows:

‘‘(8)(A) Developing and implementing mechanisms to assist

schools in effectively recruiting and retaining highly qualified

teachers who will be assigned teaching positions within their

field, principals, and pupil services personnel.

‘‘(B) SPECIAL RULE.—Funds under this paragraph may be

used for pupil services personnel only in cases in which the

local educational agency deems appropriate, if the local educational agency is making progress toward meeting the objectives described in section 2141(a) [Accountability], and in a

manner consistent with mechanisms to assist schools in effectively recruiting and retaining highly qualified teachers and

principals.’’

146. Similar recruitment activities except that House bill allows funds to be used to recruit individuals who are underrepresented in the teaching field and the Senate amendment allows

funds to be used to recruit teachers in order to reduce class size

and special education teachers.

SR with an amendment to read as follows:

828

‘‘(5) Initiatives to assist in recruiting, particularly activities that have proven effective in retaining highly qualified

teachers, and hiring highly qualified teachers who will be assigned teaching positions within their field, including—

‘‘(A) providing scholarships, signing bonuses or other

financial incentives, such as differential pay, for teachers

to teach in schools or in academic subject areas in which

there exists a shortage of such highly qualified teachers

within a school or the local educational agency;

‘‘(B) recruiting and hiring highly qualified teachers to

reduce class size, particularly in the early grades;

‘‘(C) establishing programs that—

‘‘(i) train and hire regular and special education

teachers (which may include hiring special education

teachers to team-teach in classrooms that contain both

children with disabilities and nondisabled children);

‘‘(ii) train and hire teachers of special needs children, who are highly qualified as well as teaching specialists in core academic subjects who will provide increased individualized instruction to students;

‘‘(iii) recruit qualified professionals from other

fields, including highly qualified paraprofessionals and

provide such professionals with alternative routes to

teacher certification, including hiring policies that ensure comprehensive recruitment efforts as a way to expand the applicant pool, such as through identifying

teachers certified through alternative routes, coupled

with a system of intensive screening designed to hire

the most qualified applicant; and

‘‘(iv) provide increased opportunities for minorities, individuals with disabilities, and other individuals underrepresented in the teaching profession.’’

147. House bill contains no similar provision.

HR with an amendment to read as follows and report

language:

‘‘(1) Providing professional development activities that improve the knowledge of teachers and principals, and, where appropriate paraprofessionals, concerning—

‘‘(A) 1 or more of the core academic subjects that the

teachers and principals teach;

‘‘(B) effective instructional strategies, methods, and

skills and use of State academic content standards, student academic achievement standards, and assessments to

improve teaching practices and student achievement;

‘‘(C) effective instructional practices that—

‘‘(i) involve collaborative groups of teachers and

administrators;

‘‘(ii) provide training in how to teach and address

the needs of students with different learning styles,

particularly students with disabilities, students with

special learning needs (including those who are gifted

and talented) and students with limited English proficiency;

829

‘‘(iii) provide training in methods of improving student behavior in the classroom and how to identify

early and appropriate interventions to help children

described in (ii) learn; ‘‘(iv) provide training to enable teachers and principals to involve parents in their child’s education, especially parents of LEP and immigrant children; and ‘‘(v) provide training on how to understand and

use data and assessments to improve classroom practice and student learning.’’ Report Language:

The Conferees note that effective instructional practices

that involve collaborative groups of teachers and administrators includes such strategies as the provision of dedicated time for collaborative lesson planning and curriculum

development meetings; consultation with exemplary teachers; team teaching, peer observation, and coaching; provision of short-term and long-term visits to classrooms and

schools; the establishment and maintenance of local professional development networks that provide a forum for interaction among teachers and administrators about content

knowledge and teaching and leadership skills; and the provision of release time as needed for such activities.

The Conferees recognize that effective professional development strategies, methods, and skills may include implementing a year-round school schedule that allows the

local educational agency to increase pay for teachers.

148. House bill specifies activities to promote retention of highly qualified teachers and principals, particularly in schools with

high percentage of low-achieving students. Senate amendment provides for induction and support for teachers, principals, and assistant principals during their first 3 years of employment as teachers,

principals, or assistant principals.

SR with an amendment to: strike ‘‘newly hired’’ and

‘‘such as’’ in House (A); strike ‘‘master’’ and insert ‘‘exemplary’’ in House (A); redesignate Senate (4) as new House

(B); redesignate House (B) as (C); and redesignate House (C)

as (D) and insert ‘‘and students with disabilities’’ after ‘‘minority groups’’.

149. House bill focuses mentoring on newly hired teachers as

part of effort to retain highly qualified teachers and principals.

Senate amendment specifies that teacher and principal mentoring

is an allowable LEA activity.

SR on House (3)(A) with an amendment to read as follows (LC on references to section 2033 and part D):

‘‘(A) innovative professional development programs

(which may be through partnerships including institutions

of higher education), including programs that train teachers and principals to integrate technology into curricula

and instruction to improve teaching, learning, and technology literacy, are consistent with the requirements of

section 2033, and are coordinated with part D;’’

SR on House (3)(B)

150. Similar provisions (wording differs).

830

LC with agreement to add report language:

Report Language:

The Conferees note that locally negotiated and collaboratively designed programs for performance based pay systems are an effective type of merit based pay in that performance based pay systems reward teachers for working

together to raise student achievement for all students

throughout the school.

151. Senate amendment contains no similar provisions.

SR with an amendment to strike House (4) and strike ‘‘exceptionally’’ in House (5).

152. Identical provision.

LC with an agreement to strike ‘‘master’’ and insert ‘‘exemplary’’. 153. House bill, but not Senate amendment, stipulates that if

funding for partnerships under Subpart 2 is less than 15% of the

State allocation minus state reservation for activities, administration and planning, the State shall use not less than the amount expended by the agency under section 2206(b) of this Act (as in effect

on the day before the date of the enactment of the No Child Left

Behind Act of 2001), for the fiscal year preceding the year in which

such enactment occurs, to carry out professional development activities in mathematics and science.

HR

154. House bill contains no similar provision.

SR

155. House bill contains no similar provision.

HR with an amendment to read as follows (see Note 297

for definition of exemplary teacher): ‘‘(7) Carrying out programs and activities related to exemplary teachers.’’ 156. Similar provision.

HR

157. Senate amendment, but not House bill, requires applications to be based on the needs assessment.

HR

158. House bill contains no similar provisions.

HR with amendment to:

Strike ‘‘content standards, performance standards’’ in Senate (b)(1)(A)(i) and insert ‘‘academic standards, student academic achievement’’;

Strike ‘‘relevant’’ in Senate (b)(1)(B) and insert ‘‘scientifically based’’; and

Strike ‘‘and student performance’’ in Senate (b)(2).

159. Similar provisions except House bill includes schools with

large average class size.

SR with an agreement to use ‘‘highly qualified’’.

160. Similar provision.

SR

161. Similar provisions although House bill includes 21st Century Schools (Title V, Part A, Subpart 2), and Senate amendment

includes Title II of HEA.

SR with an amendment to strike all after ‘‘local programs’’ in House (2).

831

162. House bill contains no similar provision.

HR with an amendment to combine with Note 164:

‘‘(5) A description of the professional development activities that will be made available to teachers and principals

under this subpart and how the local educational agency will

ensure that the professional development (which may include

teacher mentoring) needs of teachers and principals will be

met using funds under this subpart.’’

163. Senate amendment contains no similar provision.

SR with an amendment to strike ‘‘to utilize technology

to improve teaching and learning’’ and insert ‘‘to integrate

technology into curricula and instruction to improve teaching, learning, and technology literacy’’ (see Note 149).

164. House bill contains no similar provision.

SR

165. Similar provisions. House bill only applies to application

preparation and specifies administrators. Senate amendment applies to planning activities and application preparation and includes paraprofessionals and identifies other relevant school personnel.

HR

166. House bill contains no similar provision.

HR

167. House bill contains no similar provision.

SR

168. House bill contains no similar provision.

SR (see Note 172).

169. House bill contains no similar provision.

HR with an amendment to read as follows:

‘‘(11) A description of how the local educational agency will

provide training to enable teachers to—

‘‘(A) teach and address the needs of children with different learning styles, particularly students with disabilities, students with special learning needs (including those

who are gifted and talented), and students with limited

English proficiency;

‘‘(B) improve student behavior in the classroom and

identify early and appropriate interventions to help children described in (A) learn;

‘‘(C) involve parents in their child’s education; and

‘‘(D) understand and use data and assessments to improve classroom practice and student learning.’’

170. House bill contains no similar provision.

HR

171. House bill contains no similar provisions on needs assessment.

HR with an amendment to strike ‘‘student performance’’

in (2) and insert ‘‘student academic achievement’’.

172. Senate amendment, but not House bill, contains accountability provisions for Title II. House bill contains accountability

provisions in Title I and requires that all teachers be ‘‘fully qualified’’ by December 31, 2005.

HR with an amendment to read as follows:

832

‘‘SEC. XXXX. TECHNICAL ASSISTANCE AND ACCOUNTABILITY.

‘‘(a) IMPROVEMENT PLAN.—After the second year of the plan described in section 1119(a)(2), if a State educational agency, based

on the reports described under section 1119(b)(1), determines that

a local educational agency in the State has failed to make progress

toward meeting the measurable objectives described in section

1119(a)(2), such local educational agency shall develop an improvement plan to enable the agency to meet such measurable objectives

that specifically addresses issues that prevented the agency from

meeting such measurable objectives.

‘‘(b) TECHNICAL ASSISTANCE.—During the development of the

improvement plan described in subsection (a) and throughout its

implementation, the State educational agency shall— ‘‘(1) provide technical assistance to the local educational

agency; and ‘‘(2) provide technical assistance, if applicable, to schools

served by the local educational agency that need assistance to

enable the local educational agency to meet the measurable objectives described in section 1119(a)(2).

‘‘(c) ACCOUNTABILITY.—After the third year of the plan described in section 1119(a)(2), if the State educational agency determines, based on the reports described under section 1119(b)(1),

that the local educational agency has failed to make progress toward meeting the measurable objectives described in section

1119(a)(2), and has failed to make adequate yearly progress as described under section 1111(b)(2), for 3 consecutive years, the State

educational agency shall enter into an agreement with such agency

on the use of its funds under this part. As part of this agreement,

the State educational agency shall—

‘‘(1) develop, in conjunction with the local educational

agency, teachers, and principals, professional development

strategies and activities, based on scientifically based research,

that the local educational agency will use to meet the measurable objectives described under section 1119(a)(2) and require

such agency to utilize such strategies and activities; and

‘‘(2) prohibit the use of funds received under title I, part

A to fund any paraprofessional hired after such determination

is made by the State educational agency in subsection (c), except that if the local educational agency can demonstrate that

a significant influx of population has substantially increased

student enrollment, or can demonstrate an increased need for

translators or assistance with parental involvement activities,

the State may allow the hiring of new paraprofessionals, under

title I, part A, to address these specific needs.

‘‘(d) During the development of the strategies and activities described in subsection (c)(1), the State educational agency shall, in

conjunction with the local educational agency, provide funds directly to a school or schools served by such local educational agency, for the teachers to choose, in continuing consultation with the

principal, professional development consistent with the requirements of [reference ‘‘professional development’’ definition in General Provisions] and coordinated with other reform efforts at the

school.’’

173. House bill contains no similar provision.

833

SR with agreement to send joint House and Senate letter to GAO.

174. House bill requires that professional development meet

the requirements of the state Title I plan that all teachers are fully

qualified by December 31, 2005 and contains similar language to

House bill Title I, Section 1119(A).

HR/SR with an agreement to move redrafted definition

of ‘professional development’ to General Provisions.

175. House bill contains no similar provision.

HR/SR with an agreement to move redrafted definition

of ‘professional development’ to General Provisions.

176. Similar provision.

HR/SR with an agreement to move redrafted definition

of ‘professional development’ to General Provisions.

177. House bill contains no similar provision.

HR/SR with an agreement to move redrafted definition

of ‘professional development’ to General Provisions.

178. Senate amendment contains no similar provision.

HR/SR with an agreement to move redrafted definition

of ‘professional development’ to General Provisions.

179. Senate amendment contains no similar provision.

HR/SR with an agreement to move redrafted definition

of ‘professional development’ to General Provisions.

180. House bill contains no similar provision.

HR/SR with an agreement to move redrafted definition

of ‘professional development’ to General Provisions.

181. Senate amendment contains no similar provision.

HR/SR with an agreement to move redrafted definition

of ‘professional development’ to General Provisions.

182. House bill requires that professional development activities be tied to ‘‘scientifically based research.’’ Senate amendment

requires that activities be based on the ‘‘best available research.’’

HR/SR with an agreement to move redrafted definition

of ‘professional development’ to General Provisions.

183. Similar provision.

HR/SR with an agreement to move redrafted definition

of ‘professional development’ to General Provisions.

184. Senate amendment contains no similar provision.

HR/SR with an agreement to move redrafted definition

of ‘professional development’ to General Provisions.

185. Senate amendment contains no similar provision.

HR/SR with an agreement to move redrafted definition

of ‘professional development’ to General Provisions.

186. House bill calls for professional development to enable

teachers and principals to effectively use technology while Senate

amendment seeks to strengthen teachers’ ability to integrate technology into the curriculum.

HR/SR with an agreement to move redrafted definition

of ‘professional development’ to General Provisions.

187. Senate amendment contains no similar provision.

HR/SR with an agreement to move redrafted definition

of ‘professional development’ to General Provisions.

188. Senate amendment contains no similar provision.

834

HR/SR with an agreement to move redrafted definition

of ‘professional development’ to General Provisions.

189. Similar provision (wording differs).

HR/SR with an agreement to move redrafted definition

of ‘professional development’ to General Provisions.

190. Similar provision (wording differs).

HR/SR with an agreement to move redrafted definition

of ‘professional development’ to General Provisions.

191. Senate amendment contains no similar provision.

HR/SR with an agreement to move redrafted definition

of ‘professional development’ to General Provisions.

192. Senate amendment contains no similar provision.

HR/SR with an agreement to move redrafted definition

of ‘professional development’ to General Provisions.

193. Senate amendment contains no similar provision.

HR/SR with an agreement to move redrafted definition

of ‘professional development’ to General Provisions.

194. Senate amendment contains no similar provision regarding Teacher Opportunity Payments.

HR

195. Senate amendment contains no similar provisions.

HR

196. House bill incorporates the Troops-to-Teachers program

into the ESEA. Senate amendment amends current law (Troops-toTeachers Program Act of 1999—Title XVII of the National Defense

Authorization Act of Fiscal Year 2000). [References to Senate language regarding Troops-to-Teachers reflect current law language as

amended by Senate amendment].

SR

197. House bill contains no similar provision.

HR

198. Similar provision. Senate amendment amends Section

1701 to define ‘‘administering Secretary’’ to mean Secretary of Education (under House bill, by incorporation in ESEA, ‘‘Secretary’’ is

the Secretary of Education).

SR

199. Senate amendment amends Section 1701 to strike definition of ‘‘alternative certification or licensure requirement’’ from current law (House bill has no definition of that phrase).

SR

200. Senate amendment amends Section 1701 to add active

and former members of the Coast Guard to definition of ‘‘member

of Armed Forces’’ (House bill specifies that program is for members

and former members of the Armed Forces which includes Coast

Guard).

SR

201. Similar provisions. House bill specifies members and

former members of the Armed Forces who meet requirements of

Section 2042; Senate amendment specifies members of the Armed

Forces who retire.

SR

202. House bill, but not Senate amendment, uses term ‘‘fully

qualified’’ to describe teachers.

835

SR with an amendment to strike ‘‘fully’’ and insert ‘‘highly’’. 203. Senate amendment amends current law to add assistance

to members of the active reserve forces to activities. House bill has

no comparable language.

SR (see Note 213).

204. House bill specifies employment in schools or as vocational or technical teachers.

SR

205. Senate amendment specifies employment by LEAs with

shortages.

HR

206. Similar provisions except under House bill, the memorandum of agreement is between the Secretaries of Education and

Defense. Under Senate amendment, the memorandum of agreement is between administering Secretary (Secretary of Education)

and DANTES.

SR

207. Senate amendment, but not House bill, permits administering Secretary to retain funds to identify LEAs with concentrations of low-income children or teacher shortages, or States with alternative certification.

SR

208. Similar provision. House bill provision is similar to Section 1703(d) of current law as amended by Senate amendment.

LC

209. House bill requires Secretary of Education to provide information to Secretary of Defense for dissemination. Senate amendment has no comparable requirement for Secretary of Education although it requires Secretary of Defense to disseminate the information.

SR

210. Similar provisions. House bill characterizes placement and

referral services as ‘‘regarding employment opportunities.’’ House

bill extends services to those leaving active duty under ‘‘other than

adverse conditions,’’ while Senate amendment specifies honorable

discharge. (House bill in Section 2042(c)(3) requires honorable discharge for eligibility).

HR

211. Senate amendment, but not House bill, specifies that the

members have to meet educational qualifications.

HR

212. House bill contains no similar provision to this new Subsection in Section 1702.

LC (see Note 206).

213. Provisions governing eligible members differ between

House and Senate language. House bill covers several specific

groups of members; Section 1703(a) as amended by Senate targets

program to retirees from October 1, 2000 to September 30, 2006 or

members of active reserve.

SR with an amendment add new paragraph at the end

of (a)(1):

‘‘(C) on or after the date of the enactment of the No

Child Left Behind Act of 2001, has an approved date of

836

voluntary retirement from the reserve and, as of the date

the member submits an application to participate in the

Program, has one year or less of reserve duty remaining

before retirement.’’ SR with an amendment to (a)(2) to read as follows: ‘‘(2) Any member who, on or after the date of the enactment of the No Child Left Behind Act of 2001— ‘‘(A)(i) is separated or released from active duty after

six or more years of continuous active duty immediately

before the separation or release; ‘‘(ii) has a total of ten years active or reserve duty; or

‘‘(iii) has a combined total of ten years active duty and

reserve service; and

‘‘(B) executes a reserve commitment agreement for a period of three years under subsection (e)(2).’’ 214. Similar provisions.

LC

215. House bill specifies that application needs to be submitted

during specified time period. Senate amendment amends section

1704(a) to strike ‘‘on a timely basis.’’ SR

216. No comparable provision in current law as amended by

Senate.

SR

217. House bill provision is similar to section 1703(b) of current law as amended by Senate. Wording differs in some places.

Primary difference is that House bill reduces from 10 to 6 the number of years of military experience in a vocational or technical field

required as one option for member applying for placement as vocational or technical teacher.

SR

218. Section 1703(c) of current law as amended by Senate requires member’s last period of service to have been characterized

as honorable. House bill has similar language and adds provision

directed to individuals selected to participate prior to retirement,

separation, or release from active duty.

SR

219. House bill provision similar to section 1704(b) of current

law as amended by Senate, but Senate amendment includes as selection priority members with educational or military experience in

another subject area identified as important for national educational objectives.

SR

220. House bill provision similar to section 1704(c) of current

law as amended by Senate (wording differs).

LC

221. No comparable provision in current law as amended by

Senate.

SR (see Note 213).

222. House bill similar to section 1704(d) as amended by Senate.

LC

223. House bill, but not Senate amendment, uses term ‘‘fully

qualified’’ to describe teachers.

837

SR with an amendment to strike ‘‘fully’’ and insert ‘‘highly’’. 224. Both House bill and Senate amendment would reduce the

required commitment in current law from 4 years down to 3 years,

only Senate permits Secretary of Defense to waive the 3 year commitment.

HR

225. House bill, but not Senate amendment, refers to charter

schools.

SR with an amendment to strike ‘‘fully’’ and insert ‘‘highly’’ and insert ‘‘high need’’ after ‘‘years with a’’. 226. Similar provisions.

LC

227. House bill refers to an institution of higher education; current law as amended refers to eligible institution.

SR

228. House bill, but not Senate amendment, uses term ‘‘fully

qualified.’’ SR with an amendment to strike ‘‘fully’’ and insert ‘‘highly’’. 229. House bill provision same as current law section 1705(a)

as amended by Senate.

LC

230. House bill, but not Senate amendment, has limit on total

number of stipends.

SR with an amendment to strike ‘‘3,000’’ and insert ‘‘5,000’’. 231. House bill provision similar to current law section 1705(b)

as amended by Senate.

LC

232. House bill, but not Senate amendment, uses term ‘‘fully

qualified.’’ SR with an amendment to strike ‘‘fully’’ and insert ‘‘highly’’.

233. House bill reduces commitment to 3 years; current law as

amended by Senate does not.

SR

234. House bill, but not Senate amendment, has limit on total

number of bonuses.

SR with an amendment to strike ‘‘1,000’’ and insert

‘‘3,000’’.

235. House bill specifies that high need school must meet 1 or

more of 3 criteria involving students counted for purposes of making Title I grants, students qualifying for IDEA assistance, or any

other criteria established by Secretary in consultation with National Assessment Governing Board. Current law as amended by

Senate stipulates that school must be in a low-income district as

defined by the Secretary.

SR with an amendment to strike House (C).

236. Identical provision.

LC

237. House bill provisions regarding reimbursement required,

amount of reimbursement, treatment of obligation, exceptions to reimbursement requirement, and relationship to educational assistVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00841 Fmt 6601 Sfmt 6601 E:\HR\OC\A334HR.369 pfrm07 PsN: A334HR
838

ance under Montgomery GI Bill are similar to current law section

1705(d)(1)–(3) as amended by Senate (wording differs).

LC

238. Current law section 1705(d)(4) describes how interest is to

be calculated on amounts owed by participants; House has no comparable language.

SR

239. Similar provision.

LC

240. House bill and current law section 1706(a) as amended by

Senate amendment are similar; terms used to reference Secretary

differ.

LC

241. House bill and current law section 1706 (b) as amended

by Senate are similar, but Senate amendment does not include the

$4 million obligation limitation and does not refer to ‘‘former members.’’

SR with an amendment to strike ‘‘4,000,000’’ and insert

‘‘5,000,000’’.

242. Similar provision except House bill describes purpose in

more detail.

SR

243. House bill refers to vocational or technical teachers; current law as amended by Senate does not.

SR

244. Virtually identical provisions.

LC

245. House bill, but not Senate amendment, provides that the

program must address additional requirements set by Secretary.

SR

246. Similar provisions. House bill includes States among entities eligible to submit applications and Senate amendment gives

administering Secretary discretion over the timing and manner of

and information in, applications.

LC

247. House bill provides that continuation of program is not responsibility of the Secretary. Senate amendment permits higher

education institutions wanting to continue program to use tuition

charges to do so.

HR/SR with an agreement to keep provisions in House

bill and Senate amendment.

248. House bill, but not current law as amended by Senate,

has funding limitation.

SR with an amendment to strike ‘‘5,000,000’’ and insert

‘‘10,000,000’’.

249. Senate amendment has no comparable provision.

SR with an amendment to: strike ‘‘each year’’ and insert

‘‘2006’’; strike ‘‘each’’ after ‘‘Comptroller General shall’’; and

strike House (c).

250. Current law as amended by the Senate only defines ‘‘administering Secretary,’’ ‘‘member of the Armed Forces,’’ and

‘‘State.’’

SR

839

251. House bill authorizes $50 for both Troops-to-Teachers and

Transition-to-Teaching programs combined. Senate amendment authorizes $50 million solely for the Troops-to-Teachers program. HR/SR with an agreement to authorize $150 million for

both Troops-to-Teachers and Transition to Teaching programs combined of which up to $30 million shall be reserved for Troops-to-Teachers. (see Note 289)

252. Senate amendment includes a Transition to Teaching authority among the required national activities that the Secretary

must support (this is separate from the Careers to Classrooms authority). House bill Transition to Teaching program is delineated

with features similar to the Senate Careers to Classrooms. Those

two programs are aligned below.

SR with an amendment to: strike Senate (d); strike ‘‘Careers to Classrooms’’ in heading of Senate (e) and insert ‘‘Transition to Teaching’’ (LC throughout); and insert continuation of award language for current grantees.

253. House bill refers to high need LEAs and career changers,

and identifies specific subject areas. Senate amendment addresses

its purposes to mid career professionals, recent college graduates,

and paraprofessional, and references high need schools.

HR with an amendment to: strike ‘‘and certain paraprofessionals’’; and insert ‘‘(including highly qualified paraprofessionals)’’ after ‘‘mid-career professionals’’. 254. Senate amendment, but not House bill, has development

and expansion of alternative certification as a purpose.

HR

255. House bill defines ‘‘program participants’’ and Senate

amendment defines ‘‘eligible participant’’ differently (Senate

amendment definition establishes more specific criteria that vary

depending upon the level of instruction.).

HR with an amendment to read as follows: ‘‘(A) ELIGIBLE PARTICIPANT.—The term ‘eligible participant’ means—

‘‘(i) an individual with substantial demonstrable

career experiences, including a highly qualified paraprofessional; or

‘‘(ii) an individual who is a graduate of an institution of higher education who—

‘‘(I) has graduated not later than 3 years before applying to an agency or consortium to teach

under this subsection; and

‘‘(II) in the case of an individual wishing to

teach in a secondary school, has completed an academic major (or courses totaling an equivalent

number of credit hours) in the academic subject

that the individual will teach.’’

256. House bill contains no similar provision.

HR/SR with an agreement to move redrafted definition

of ‘‘high need local educational agency’’ to Title II definitions (see Note 297).

257. House bill contains no similar provision.

HR

258. House bill contains no similar provision.

840

SR

259. House bill contains no similar provision.

SR (definition of ‘‘poverty line’’ moved to General Provisions).

260. House bill authorizes grants to higher education institutions; Senate amendment has priority for collaborations with higher education institution or nonprofit organization with a proven

record regarding teacher recruitment and retention.

HR with an amendment to read as follows: ‘‘(3) GRANT PROGRAM.— ‘‘(A) IN GENERAL.—The Secretary shall establish a program to make grants on a competitive basis to eligible entities to develop State and local teacher corps or other programs to establish, expand, or enhance teacher recruitment and retention efforts. ‘‘(B) ELIGIBLE ENTITY.—An eligible entity described in

(A) means a: ‘‘(i) State educational agency;

‘‘(ii) high need local educational agency;

‘‘(iii) for-profit and nonprofit organization that has

a proven record of effectively recruiting and retaining

highly qualified teachers in partnership with a high

need local educational agency or a State educational

agency; ‘‘(iv) institution of higher education in partnership

with a high need a local educational agency or a State

educational agency; ‘‘(v) regional consortia of State educational agencies; or ‘‘(vi) consortia of high need local educational agencies.

‘‘(C) PRIORITY.—In making such a grant, the Secretary

shall give priority to an eligible entity that applies for a

grant in partnership with a high need local educational

agency or a State educational agency.’’ Report Language:

For a grant that involves a for-profit organization, nonprofit organization, or an institution of higher education,

the conferees intend that such entities may apply for and

receive a grant from the Secretary. In doing so, such entities shall describe in their application how the entity will

partner with a high need local educational agency or State

educational agency.

261. Similar provision.

LC

262. House bill contains no similar provision.

HR with an amendment to read as follows: ‘‘(B) CONTENTS.—The application shall—

‘‘(i) describe the target recruitment group upon

which the applicant will focus its recruitment efforts

and the characteristics of the target group that shows

the knowledge and experience of its members and

demonstrates that the members are eligible to meet

the purpose of this section;

841

‘‘(ii) describe how the applicant will use funds received under this subsection to develop a teacher corps

or other program to recruit and retain highly qualified

mid-career professionals, including highly qualified

paraprofessionals, recent college graduates and graduate school graduates, as highly qualified teachers in

high need schools; ‘‘(iii) explain how the program will meet the relevant State laws (including regulations) related to

teacher certification and licensing and facilitate the

certification or licensing of such teachers; ‘‘(iv) describe how the grant will increase the number of highly qualified teachers in high need schools in

high need school districts (that are urban or rural) and

in high need academic subjects in the jurisdiction

served by the applicant; and ‘‘(v) a description of how the applicant will collaborate, as needed, with other institutions, agencies, or

organizations to recruit, particularly through activities

that have proven effective in retaining highly qualified

teachers, train, place, support, and provide teacher induction programs to program participants under this

section, including evidence of commitment of those institutions, agencies, or organizations to the applicant’s

program.’’ 263. Senate amendment contains no similar provision.

HR/SR (provisions redrafted under Note 262).

264. House bill contains no similar provision.

HR/SR (provisions redrafted under Note 262).

265. Similar provision.

HR/SR (provisions redrafted under Note 262).

266. House bill contains no similar provision.

HR/SR (provisions redrafted under Note 262).

267. House bill contains no similar provision.

HR/SR (provisions redrafted under Note 262).

268. House bill contains no similar provision.

HR/SR (provisions redrafted under Note 262).

269. House bill contains no similar provision.

HR/SR (provisions redrafted under Note 262).

270. House bill contains no similar provision.

HR/SR (provisions redrafted under Note 262).

271. House bill contains no similar provision.

HR/SR (provisions redrafted under Note 262).

272. House bill contains no similar provision.

HR/SR (provisions redrafted under Note 262).

273. House bill requires collaboration in implementation of the

program. Senate amendment requires collaboration in development

of the application and delineates a broader range of individuals and

entities.

HR/SR (provisions redrafted under Note 262).

274. Senate amendment contains no similar provision.

HR/SR (provisions redrafted under Note 262).

275. House bill contains no similar provision.

HR

842

276. Similar provisions (wording differs).

LC

277. House bill contains no similar provision.

HR

278. Senate amendment, but not House bill, has general statement of uses of funds.

HR with an amendment to read as follows: ‘‘(8) USES OF FUNDS.— ‘‘(A) IN GENERAL.—An applicant that receives a grant

under this subsection shall use the funds made available

through the grant to develop a teacher corps or other program in order to establish, expand, or enhance a teacher

recruitment program for highly qualified mid-career professionals, including highly qualified paraprofessionals,

and graduates of institutions of higher education, who are

eligible participants, including activities that provide alternative routes to teacher certification. ‘‘(B) AUTHORIZED ACTIVITIES.—The applicant shall use

the funds to carry out a program that includes 2 or more

of the following activities— ‘‘(i) Providing scholarships, stipends, bonuses, and

other financial incentives, that are linked to participation in activities that have proven effective in retaining teachers in higher need school districts, to all eligible participants, not to exceed $5,000 per participant; ‘‘(ii) Pre-and post-placement induction or support

activities that have proven effective in recruiting and

retaining teachers such as mentoring, internships,

high quality, pre-service course work and high quality,

sustained in-service professional development; ‘‘(iii) Placement and ongoing activities to ensure

that teachers are placed in fields which they are qualified to teach and are placed in the highest need

schools;

‘‘(iv) Make payments to schools to pay for costs associated with accepting teachers recruited under this

subsection from among eligible participants or to provide financial incentives to prospective teachers who

are eligible participants;

‘‘(v) Collaborate with institutions of higher education in developing and implementing programs to facilitate teacher recruitment (including teacher

credentialing) and teacher retention programs;

‘‘(vi) Carry out other programs, projects, and activities that are designed and have proven to be effective in recruiting and retaining teachers; and that the

Secretary determines to be appropriate; and

‘‘(vii) Develop Long-term Recruitment and Retention Strategies including a statewide or region wide

clearinghouse for the recruitment and placement of

teachers, the establishment of administrative structures to development and implement programs to provide alternative routes to certification, reciprocity

agreements between or among States for the certifiVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00846 Fmt 6601 Sfmt 6601 E:\HR\OC\A334HR.372 pfrm07 PsN: A334HR
843

cation or licensure of teachers, or other long-term

teacher recruitment and retention strategies.

‘‘(C) EFFECTIVE ACTIVITIES.—The applicant shall use

the funds only for activities that have proven effective in

both recruiting and retaining teachers.’’ 279. House bill permits funds to be used for identified activities. Senate amendment requires grantees to carry out a teacher

corps or other program including 2 or more of the listed activities.

HR/SR (provisions redrafted under Note 278).

280. Senate amendment contains no similar provision.

HR/SR (provisions redrafted under Note 278).

281. Similar provisions except Senate amendment delineates

incentives in detail and identifies criteria the participants must

meet.

HR/SR (provisions redrafted under Note 278).

282. Senate amendment, but not House bill, authorizes payments to participating schools.

HR/SR (provisions redrafted under Note 278).

283. Senate amendment contains no similar provision.

HR/SR (provisions redrafted under Note 278).

284. Senate amendment contains no similar provision.

HR/SR (provisions redrafted under Note 278).

285. House bill provides for general post-placement activities

for participants. Senate amendment enumerates several such activities.

HR/SR (provisions redrafted under Note 278).

286. House bill and Senate amendment have similar provisions

governing length of required service and repayment. House bill defines period of service as at least 3 years in high need LEA. Senate

amendment requires recipient to teach for at least 2 years in high

need school during 5 year period following completion of training.

SR

287. House bill contains no similar provision.

HR

288. House bill contains no similar provision.

HR

289. House bill authorizes $50 million for both Troops-toTeachers and Transition-to-Teaching programs combined. Senate

amendment authorizes $200 million solely for the Careers to Classrooms program and $50 million solely for Troops-to-Teachers program.

HR/SR with an agreement to authorize $150 million for

both Troops-to-Teachers and Transition to Teaching programs combined of which up to $30 million shall be reserved for Troops-to-Teachers. (see Note 251)

290. Senate amendment, but not House bill, provides for a National Teacher Recruitment Campaign.

HR with an agreement to move redrafted provision to

Subpart 5 of Part A.

291. House bill contains no similar provisions.

SR

292. Senate amendment, but not House bill, contains ‘‘National

Programs.’’

HR

844

293. Senate amendment authorizes a separate program for

school leadership with separate authorization of $50 million for

FY02 and such sums as may be necessary for each subsequent fiscal year.

HR with an agreement to move redrafted provision to

Subpart 5 of Part A.

294. Senate amendment, but not House bill, requires Secretary

to support activities related to advanced certification with grants

awarded to the National Board for Professional Teaching Standards.

HR with an agreement to move to Subpart 5 of Part A

and an amendment to read as follows and report language:

‘‘(d) ADVANCED CERTIFICATION OR ADVANCED

CREDENTIALING.—

‘‘(1) IN GENERAL.—The Secretary shall support activities to

encourage and support teachers seeking advanced certification

or advanced credentialing through high quality professional

teacher enhancement programs designed to improve teaching

and learning.

‘‘(2) IMPLEMENTATION.—In carrying out paragraph (1), the

Secretary shall make grants to eligible entities to—

‘‘(A) develop teacher standards which include measures tied to increased student academic achievement; and

‘‘(B) to promote outreach, teacher recruitment, teacher

subsidy, or teacher support programs related to teacher

certification by the National Board for Professional Teaching Standards, the National Council on Teacher Quality,

and other nationally recognized certification organizations.

‘‘(3) ELIGIBLE ENTITIES.—Under this section, eligible entities include—

‘‘(A) State educational agencies;

‘‘(B) local educational agencies;

‘‘(C) the National Board for Professional Teaching

Standards in partnership with a high need local educational agency or a State educational agency;

‘‘(D) the National Council on Teacher Quality in partnership with a high need local educational agency or a

State educational agency; or

‘‘(E) other recognized entities, including other recognized certification organizations, in partnership with a

high need local educational agency or a State educational

agency.

‘‘(e) SPECIAL EDUCATION TEACHER TRAINING.—The Secretary is

authorized to award a grant to the University of Northern Colorado

to enable such university to provide other institutions of higher

education assistance in training special education teachers.’’

Report Language:

For a grant that involves the National Board for Professional Teaching Standards, the National Council on Teacher

Quality, or other recognized certification organizations, the

conferees intend that such entities may apply for and receive a grant from the Secretary. In doing so, such entities

shall describe in their application how the entity will partVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00848 Fmt 6601 Sfmt 6601 E:\HR\OC\A334HR.373 pfrm07 PsN: A334HR
845

ner with a high need local educational agency or State educational agency.

In recognition of the importance of teachers having current content knowledge, as well as pedagogical expertise,

the conferees urge that the Secretary give priority to applicants that show that the weight given to the content knowledge portion of the advanced certification or credentialing

is at least 60 percent, and provide assurances that they will

work with the Secretary and States to conduct outreach activities for teachers serving in high poverty areas to seek

advanced certification or credentialing and provide them

with incentives to obtain such certification or credentialing. 295. House bill authorizes $3.6 billion for FY 02 and such sums

as may be necessary for the next four years. In addition, House bill

authorizes $50 million for the Troops-to-Teachers and Transitionto-Teaching programs combined. Senate amendment authorizes $3

billion (other than subpart 5) for FY 02 and such sums as may be

necessary for each of the 6 succeeding fiscal years. In addition,

Senate amendment authorizes $100 million (other than subsections

(b), (e), and (f)) for FY 02 and such sums as may be necessary for

each of the 6 succeeding fiscal years. [See section 1003(b) for specific authorization levels through FY 08].

HR with an amendment to strike ‘‘3,000,000,000’’ in section 2103(a) and insert ‘‘3,175,000,000’’ and to strike ‘‘6 succeeding’’ and insert ‘‘5 succeeding’’ and an agreement to authorize National Activities at such sums.

296. House bill contains no similar provision.

SR

297. House bill and Senate amendment define different terms.

HR/SR with an agreement to define the following terms

in Title II: ‘‘(1) ARTS AND SCIENCES.—The term ‘arts and sciences’

means—

‘‘(A) when referring to an organizational unit of an institution of higher education, any academic unit that offers

one or more academic majors in disciplines or content

areas corresponding to the academic subject matter areas

in which teachers provide instruction; and ‘‘(B) when referring to a specific academic subject matter area, the disciplines or content areas in which academic majors are offered by the arts and sciences organizational unit.

‘‘(2) CHARTER SCHOOL.—The term ‘charter school’ has the

meaning given the term in section 5120.

‘‘(3) HIGH NEED LOCAL EDUCATIONAL AGENCY.—The term

‘high need local educational agency’ means—

‘‘(A) a local educational agency which serves at least

10,000 children from families with incomes below the poverty line; or more than 20 percent of the children served

by such agency are from families with incomes below the

poverty line; and ‘‘(B) a local educational agency in which there is a

high percentage of teachers not teaching in the content

area in which the teachers were trained to teach.

846

‘‘(4) HIGHLY QUALIFIED PARAPROFESSIONAL.—The term ‘highly qualified paraprofessional’ means a paraprofessional— ‘‘(i) with at least two years of experience in a classroom; and ‘‘(ii) with at least two years of postsecondary education

or has demonstrated competence in a field or subject matter for which there is a significant shortage of qualified

teachers.

‘‘(5) OUT-OF-FIELD TEACHER.—The term ‘out-of-field teacher’ means a secondary school teacher who is teaching an academic subject for which the teacher is not highly qualified. ‘‘(6) PUBLICLY REPORT.—The term ‘publicly report’, when

used with respect to the dissemination of information, means

that the information is made widely available to the public, including parents and students, in an understandable and uniform format, and to the extent practicable in a language the

parent can understand, through such means as the Internet

and major print and broadcast media outlets.’’ 298. House bill contains no similar provision.

SR

299. House bill contains no similar provision.

SR (see Note 121).

300. Senate amendment separately authorizes math and science partnerships at $900 million (House bill math and science

partnerships are reserved under Title II, Part A authorization).

HR with an amendment to strike ‘‘$900,000,000’’ and insert ‘‘$450,000,000’’. 301. Senate amendment, but not House bill, authorizes funds

for clearinghouse.

SR

302. House bill transfers and continues the National Writing

Project as Part B of Title II. Senate amendment amends entire program to ‘‘read as follows’’ as Part B of Title XVI. (Subsequent references to ‘‘current law’’ are to current law as extended by provisions in House bill).

HR/SR with an agreement to move to Subpart 3 of Part

C.

303. Senate amendment, but not House bill, adds ‘‘continuing.’’

SR

304. Senate amendment, but not House bill, adds new text beginning with ‘‘the shortage of . . .’’

SR

305. Senate amendment adds new statistics regarding writing.

SR

306. Senate amendment similar to current law (wording differs).

SR

307. Senate amendment similar to current law (wording differs).

SR

308. No comparable provision in current law.

SR

309. Senate amendment similar to current law (wording differs).

847

SR

310. Senate amendment modifies current law which describes

teachers in all regions of the country who have developed successful methods for teaching writing.

SR

311. Senate amendment similar to current law (wording differs).

SR

312. Senate amendment adds ‘‘reading’’ to current law.

SR

313. Senate amendment updates current law statistics.

SR

314. Senate amendment replaces two subsections from current

law that describe results of studies and amount of funding leveraged by federal support.

SR

315. Senate amendment, but not House bill, drops language

describing National Writing Project summer and school year activities, teachers-teaching-teachers, career-long education, the number

of sites needed to serve all teachers, and the inadequate nature of

private foundation resources for National Writing Project.

HR

316. No comparable provision in current law.

HR

317. Similar provision to current law, except Senate amendment drops list of activities.

HR

318. Except where noted, Senate amendment retains current

law.

HR

319. Senate amendment similar to current law (wording differs).

HR

320. Senate amendment increases maximum for individual

contractor from $40,000 to $100,000.

HR

321. Senate amendment drops current law language regarding

classroom teacher grants.

HR

322. Senate amendment updates current law which applied

limit to FY 1994 and succeeding four fiscal years.

HR

323. House bill authorizes such sums as may be necessary for

FY 02 and succeeding four fiscal years. Senate amendment specifies authorization of $15 million for FY 02 and such sums as may

be necessary for succeeding 6 fiscal years.

HR with an amendment to strike ‘‘6 succeeding fiscal

years’’ and insert ‘‘5 succeeding fiscal years’’.

324. Senate amendment contains no similar provision.

SR

325. House bill ‘‘Civic Education’’ is Part C of Title II and Senate amendment ‘‘Education for Democracy’’ is Part D of Title XVI.

HR/SR with an agreement to move to Subpart 4 of Part

C.

848

326. Identical provision.

LC

327. Identical provisions.

HR/SR (no findings).

328. Identical provisions.

HR

329. Identical provisions.

HR/SR with an agreement that:

The allocation reserved for the ‘‘We the People Program’’ be awarded to the Center for Civic Education;

and

The allocation reserved for ‘‘Cooperative Civic Education and Economic Education Exchange Programs’’ be

awarded to the Center for Civic Education (37.5 percent); the National Council on Economic Education (37.5

percent); and up to 3 grants to other organizations (25

percent).

330. House bill contains similar provisions throughout this

part but requires the Secretary of Education to get the ‘‘concurrence’’ of the Secretary of State.

HR with an amendment to strike Senate (2).

331. Virtually identical provisions.

LC

332. House bill provides for ‘‘allowable’’ uses of funds; Senate

amendment has ‘‘requirements’’—provisions are otherwise identical.

SR

333. Virtually identical provision.

HR

334. Virtually identical provisions.

LC

335. House bill provides for ‘‘allowable’’ uses of funds; Senate

amendment has ‘‘requirements’’—provisions are otherwise identical.

SR

336. Virtually identical provisions.

HR

337. Virtually identical provisions.

HR

338. House bill has similar avoidance of duplication provisions

(see below).

SR

339. Virtually identical provisions.

LC

340. Senate amendment has similar avoidance of duplication

provisions (see above).

SR

341. Similar definition except that House bill requires the ‘‘concurrence’’ of the Secretary of State as compared to ‘‘consultation’’

under Senate amendment.

SR

342. House bill authorizes such sums as may be necessary for

each of FY 02 through FY 06 with a limitation on funding for activities under subsection (a)(2). Senate amendment authorizes $15

849

million for Section 11304 for FY 02 and such sums as may be necessary for each of FY 03 through FY 08 and authorizes $12 million

for Section 11305 for FY 02 and such sums as may be necessary

for each of FY 03 through FY 08.

HR/SR with an agreement to use a single authorization for FY 2002 of $30 million, of which not more than 40 percent of the amount appropriated shall be used for Cooperative Civic Education and Economic Education Exchange

Programs.

343. Similar provisions except where noted.

SR

344. House bill has ‘‘Liability’’ in the title.

HR with an amendment to strike findings.

345. Senate amendment has concluding phrase ‘‘which are critical for the continued economic development of the United States.’’ HR/SR (no findings).

346. House bill contains no similar provision.

HR with an amendment to strike (5) and (6) in findings

and in section 10003 add new (a): ‘‘(a) This title shall only apply to those States that receive

funds under this Act, and shall apply to such a State as a condition

of receiving such funds.’’ 347. Similar provisions (wording differs).

HR

348. House bill contains no similar provision.

HR

349. Senate amendment contains no similar provision.

HR

350. House bill contains no similar provision.

HR

351. House bill includes school board, and local educational

agency and any employee of the agency in definition of ‘‘teacher.’’ Senate amendment specifies terms applies only to members of a

school board and does not reference districts and district employees.

SR with an amendment to (6) to read as follows:

‘‘(6) TEACHER.—The term ‘teacher’ means a teacher; instructor;

principal; administrator; other educational professional that works

in a school; professional or non-professional employee that works in

a school whose job it is to maintain discipline or ensure safety, or

due to an emergency is called upon to maintain discipline or ensure

safety; or an individual member of a school board (as distinct from

the board itself).’’ 352. House bill contains no similar provision.

HR with an amendment to strike ‘‘the Paul D. Coverdell

Teacher Protection Act of 2001’’ and insert ‘‘[Short Title of

this Act]’’. 353. Similar provision (wording differs).

HR

354. House bill contains no similar provision.

HR with an agreement to move redrafted Early Childhood Educator Professional Development provisions to Subpart 5 of Part A.

355. House bill contains no similar provision.

850

HR/SR with an agreement to move National Panel on

Teacher Mobility to Subpart 5 of Part A and add report language.

Report Language:

Research indicates that many qualified teachers are not

presently working as teachers despite the growing shortage

of teachers in many communities due to obstacles related to

teacher mobility. The bill includes authorization for a Panel

on Teacher Mobility to study strategies for increasing mobility and employment opportunities for qualified teachers,

especially in States with teacher shortages and States with

districts or schools that are difficult to staff. Conferees do

not intend pension portability be addressed by the panel.

However, the conferees note that the portability of

teacher pensions was extensively addressed in P.L. 107–16,

the Economic Growth and Tax Relief Reconciliation Act of

2001 (EGATRRA). The new provisions will generally be effective on January 1, 2002. Previous law hindered teachers’

ability to move their pension benefits with them when they

took new jobs. The new provisions break down the barriers

thereby enhancing teachers’ mobility. Thus, teachers can

now take new employment while more fully preserving

their pension benefits.

Title III, Part A—Bilingual

(New Title III)

1. The House bill and Senate Amendment have different titles.

HR/SR with an amendment to title this part: the

‘‘English Language Acquisition, Language Enhancement,

and Academic Achievement Act’’.

2. The House bill, but not the Senate Amendment, lists findings. The Senate Amendment, but not the House bill, provides that

Part D only becomes enacted if appropriations are $700 million or

more.

HR

3. The Senate Amendment, but not the House bill, states policy

of the federal government.

HR/SR with an amendment to strike all legislative language in notes 3–12 and insert:

‘‘(b) PURPOSES.—The purposes of this part are—

‘‘(1) to help ensure that children who are limited English

proficient, including recent immigrant children and youth attain English proficiency develop high levels of academic attainment in English, and meet the same challenging state academic content standards and challenging state student academic achievement standards expected of all children;

‘‘(2) to assist all limited English proficient students, including recent immigrant children and youth, to achieve at high

levels in the core academic subjects so that those students can

meet the same challenging state academic content and student

academic achievement standards that all students are expected

to meet, consistent with section 1111(b)(1);

851

‘‘(3) to develop high-quality programs designed to assist

state educational agencies, local educational agencies and

schools in teaching limited English proficient children and

serving recent immigrant children and youth;

‘‘(4) to assist state educational agencies and local educational agencies to develop and enhance their capacity to provide high-quality instructional programs designed to prepare

limited English proficient students, including recent immigrant

children and youth, to enter all-English instructional settings;

‘‘(5) to assist state educational agencies, local educational

agencies and schools to build their capacity to establish, implement, and sustain programs of instruction and English language development for limited English proficient students;

‘‘(6) to promote parental and community participation in

programs for limited English proficient students;

‘‘(7) to streamline language instruction educational programs into a program carried out through formula grants to

state and local educational agencies to help limited English

proficient students, including recent immigrant children and

youth, develop proficiency in English, while meeting state academic content and student academic achievement standards;

‘‘(8) to hold state educational agencies, local educational

agencies and schools accountable for increases in English proficiency and core academic content knowledge of limited

English proficient students by requiring;

‘‘(A) demonstrated improvements in the English proficiency of limited English proficient students each fiscal

year; and

‘‘(B) adequate yearly progress with limited English

proficient students, including recent immigrant students,

as described in section 1111(b) (2); and

‘‘(9) to provide state educational agencies and local educational agencies with the flexibility to implement the instructional programs, based on scientifically based research on

teaching limited English proficient children, that the agencies

believe to be the most effective for teaching English.’’

4. Using different language, the House bill and the Senate

Amendment state purposes.

HR/SR (see note 3)

5. Using different language, the House bill and the Senate

Amendment state that the purpose of this part is to help LEP children attain English proficiency and develop high levels of achievement in academic areas. The House bill, but not the Senate

Amendment includes academic attainment in English. The Senate

Amendment, but not the House bill, includes attaining English ‘‘as

quickly and as effectively as possible.’’

HR/SR (see note 3)

6. The House bill, but not the Senate Amendment, states the

purpose is to develop high-quality programs to assist LEAs in

teaching LEP children. (Similar to note 5)

HR/SR (see note 3)

7. The House bill states this similar provision in note 5.

HR/SR (see note 3)

852

8. The House bill, but not the Senate Amendment, states the

purpose is to assist LEAs to develop and enhance high-quality instruction programs designed to prepare LEP students, including recent immigrant students, to enter all-English instructional settings

within 3 years. The Senate Amendment, in note 1, says ‘‘as quickly

and effectively as possible.’’ HR/SR (see note 3)

9. The Senate Amendment, but not the House bill, states that

LEP students develop English proficiency as quickly and as effectively as possible by streamlining language instruction educational

programs into performance-based grants for SEAs and LEAs.

HR/SR (see note 3)

10. The Senate Amendment, but not the House bill, requires

states to help LEAs and schools demonstrate improvements in

English proficiency each fiscal year.

HR/SR (see note 3)

11. The Senate Amendment, but not the House bill, specifically

states that states are required to ensure that LEPs make AYP.

HR/SR (see note 3)

12. Using different language, the House bill and the Senate

Amendment, both provide SEAs and LEAs flexibility to implement

instructional programs tied to scientifically based research and

that agencies believe to be the most effective for teaching English.

The House bill, but not the Senate Amendment, uses ‘‘scientifically

based reading research and sound research and theory.’’ HR/SR (see note 3)

13. Using different language, the House bill and the Senate

Amendment provide provisions for parental notification.

(Notes 13 and 15–39, 124 and 223)

HR/SR with an amendment to strike all legislative language in notes 13 and 15–39 and insert:

‘‘SEC. 3. PARENTAL NOTIFICATION.

‘‘(a) IN GENERAL.—(1) Each eligible entity using funds under

this title to provide high-quality language instruction educational

programs shall inform a parent or parents of a child participating

in such a program of— ‘‘(A) the reasons for the identification of their child as limited English proficient and being in need of placement in a language instruction educational program; ‘‘(B) the child’s level of English proficiency, how such level

was assessed, and the status of the child’s academic achievement;‘‘(C) the program and methods of instruction available, including how such programs differ in content, instructional

goals, and use of English and a native language in instruction;

‘‘(D) how the language instruction educational program

will meet the educational strengths and needs of their child; ‘‘(E) how such language instruction program will specifically help the child acquire English, and meet age appropriate

academic achievement standards for grade promotion and

graduation; ‘‘(F) the specific exit requirements for the program, including the expected rate of transition from the program into classrooms that are not tailored for limited English proficient stuVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00856 Fmt 6601 Sfmt 6601 E:\HR\OC\A334HR.378 pfrm07 PsN: A334HR
853

dents, and the expected rate of graduation from high school for

the program if funds under this title are used for children in

secondary schools; ‘‘(G) in the case of a student with a disability who participates in an language instruction educational program, how the

program meets the objectives of the individualized education

program of the student; ‘‘(H) If applicable, the entity’s failure to make progress on

the annual measurable achievement objectives in section

3329(a). Such notice shall be sent in addition to the parental

notification of their child as in need of participation in a language instruction educational program; and ‘‘(I) information pertaining to parental rights, that includes

written guidance— ‘‘(i) detailing the options that parents have to remove

their child from an language instruction educational program, and shall give parents an opportunity to decline

such enrollment, and the right to have their child immediately removed from a language instruction educational

program upon their request; and ‘‘(ii) assisting parents in selecting among various programs and methods of instruction, if more than one program or method is offered by the eligible entity. ‘‘(b) RECEIPT OF INFORMATION.—The notice and information

provided in subsection (a) to a parent or parents of a child identified for participation in an language instruction educational program for limited English proficient children shall be in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand. ‘‘(c) SPECIAL RULE APPLICABLE DURING THE SCHOOL YEAR.— For those children who have not been identified as limited English

proficient prior to the beginning of the school year the eligible entity shall notify parents within the first two weeks of the child being

placed in a language instruction educational program consistent

with subsections (a) and (b).

‘‘(d) PARENTAL PARTICIPATION.—Each eligible entity using

funds under this title shall implement an effective means of outreach to parents of limited English proficient students to inform

parents of how they can be involved in the education of their children, and be active participants in assisting their children to attain

English and achieve at high levels in core academic subjects and

meet challenging state academic achievement standards and state

academic content standards expected of all students, including

holding and sending notice of opportunities for regular meetings for

the purpose of formulating and responding to recommendations

from parents of students assisted under this title. ‘‘(e) BASIS FOR ADMISSION OR EXCLUSION.—A student shall not

be admitted to, or excluded from, any federally assisted education

program on the basis of a surname or language-minority status.’’ 14. In developing regulations, the Senate Amendment, but not

the House bill, requires the Secretary to consult with SEAs, LEAs,

organizations representing LEP individuals, and teachers and

other personnel involved with teaching LEP students.

HR

854

15. Using different language, the House bill and the Senate

Amendment, provide provisions for parental notification

HR/SR—see note 13.

16. In a different order, both the House bill and the Senate

Amendment require the reasons for the child being in need of language instruction. (See note 23) The House bill, but not the Senate

Amendment uses English language instruction. The Senate Amendment, but not the House bill, uses language instruction educational

program.

HR/SR—see note 13.

17. Using different language, both the House bill and the Senate Amendment, require the child’s level of English proficiency,

how such level was assessed, and the status of the child’s academic

achievement. The Senate Amendment, but not the House bill, further requires the implications of the student’s educational

strengths and need for age- and grade-appropriate academic attainment, grade promotion, and graduation.

HR/SR—see note 13.

18. The Senate Amendment, but not the House bill, requires

programs available to meet the student’s educational strengths and

needs, and how the programs differ in content and instruction.

HR/SR—see note 13.

19. The Senate Amendment, but not the House bill, provides

for students with a disability participating in a language instruction educational program.

HR/SR—see note 13.

20. Using different language, both the House bill and the Senate Amendment, provide for how the program will help the LEP

child acquire English and meet age-appropriate standards for grade

promotion and graduation. The Senate Amendment, but not the

House bill, also requires the instructional goals of the program.

HR/SR—see note 13.

21. The Senate Amendment, but not the House bill, further requires the characteristics, benefits, and past academic results of

such language program and of instructional alternatives.

HR/SR—see note 13.

22. The House bill, but not the Senate Amendment, requires

the specific exit requirements for the language program.

HR/SR—see note 13.

23. Both the House bill and Senate Amendment contain this

provision in a different order. (See note 16)

HR/SR—see note 13.

24. The House bill, but not the Senate Amendment, requires

the expected rate of transition from the program into a classroom

not tailored for LEP children.

HR/SR—see note 13.

25. The Senate Amendment, but not the House bill, requires

parents be informed of how they can participate and be involved

in the language instruction program.

HR/SR—see note 13.

26. The House bill, but not the Senate Amendment, requires

that if funds are used for children in secondary schools parents be

informed of the expected rate of graduation from high school.

HR/SR—see note 13.

855

27. The House bill, but not the Senate Amendment, requires

LEAs to make a ‘‘reasonable and substantial effort’’ to obtain informed parental consent prior to the placement of a child in an

English language instruction program if the program does not exclusively use the English language in instruction. The Senate

Amendment provides that parents be informed and provided an option to decline enrollment in a program. (See note 31)

HR/SR—see note 13.

28. The House bill, but not the Senate Amendment, requires

LEAs to maintain a written record if parental consent cannot be

obtained.

HR/SR—see note 13.

29. The House bill, but not the Senate Amendment, requires

LEAs to mail or deliver a copy of the written record and a final request for consent before providing services to LEP students.

HR/SR—see note 13.

30. The House bill, but not the Senate Amendment, provides

for situations when children are not identified as limited English

proficient prior to the beginning of the school year.

HR/SR—see note 13.

31. The Senate Amendment, but not the House bill, requires

that parents be informed of their option to decline enrollment of

their LEP child in a program.

HR/SR—see note 13.

32. The House bill, but not the Senate Amendment, requires

that parents select among programs if more than one method is offered and have the right to immediately remove their child from

the program upon their request.

HR/SR—see note 13.

33. The Senate Amendment, but not the House bill, provides

that LEAs cannot be relieved of the agency’s obligations of the Civil

Rights Act simply because a parent chooses not to enroll a student

in a language instruction program.

HR/SR—see note 13.

34. Using different language, the House bill and the Senate

Amendment require that parents receive information about their

child’s instruction program. The Senate Amendment, but not the

House bill, further requires information to be in the language used

by parents if necessary and feasible.

HR/SR—see note 13.

35. Both the House bill and the Senate Amendment, have similar language regarding timely information about programs.

HR/SR—see note 13.

36. Using similar language, the House bill and the Senate

Amendment, provide parents with a notice of opportunities for regular meetings to permit parents to formulate and respond to recommendations from such parents.

HR/SR—see note 13.

37. The House bill, but not the Senate Amendment, requires

that parents receive procedural information for removing their

child from a program.

HR/SR—see note 13.

38. Both the House bill and the Senate Amendment have similar language stating that students cannot be admitted or excluded

856

in a program solely on the basis of a surname or language minority

status.

HR/SR—see note 13.

39. The Senate Amendment, but not the House bill, has a provision stating that nothing shall be construed as to mandate, direct

or control an entity’s choice in developing standards or assessments, curriculum or program of instruction.

HR/SR—see note 13.

40. The House bill, but not the Senate Amendment, provides

for testing of LEP children. Both the House bill and the Senate

Amendment have similar provisions for testing LEP children in

Title I, Part A.

HR

41. Both the House bill and the Senate Amendment, require

that LEP children, who have been in school in the US for three or

more consecutive years be tested in English. The Senate Amendment contains the same requirement in Title I, Part A. The House

bill, but not the Senate Amendment, further permits the tests to

be administered for one additional year, on a case-by-case basis in

another language or form. The Senate Amendment, but not the

House bill, further permits such tests to be administered for additional years, provided that the total number of students so assessed

does not exceed 1/3 the number of students assessed in their native

language in the previous year.

HR

42. Using different language, the House bill and the Senate

Amendment, authorize federal grants to states for the purposes of

assisting LEP children. The House bill, but not the Senate Amendment, provides such grants for the fiscal year in which it is applied

for. The Senate Amendment, but not the House bill, provides that

such grants remain in effect for the duration of the state’s participation under this part. (See note 86)

SR

43. The House bill, but not the Senate Amendment, states the

purposes of the state grants.

HR

44. The House bill, but not the Senate Amendment, provides

that a state must expend at least 95 percent of its allotment to

local eligible entities.

SR

45. Both the House bill and the Senate Amendment provide

that a state may not expend more than 5 percent of its allotment

for state activities.

LC

46. Both the House bill and the Senate Amendment provide activities for which state grants may be used.

LC

47. The House bill, but not the Senate Amendment, provides

for authorized activities that state grants may be used for, such as

professional development activities, providing scholarships and fellowships to students who agree to teach limited English proficient

children upon graduation, planning administration and interagency

coordination, providing technical assistance to LEAs who teach limited English proficient children and other eligible entities not reVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00860 Fmt 6601 Sfmt 6601 E:\HR\OC\A334HR.380 pfrm07 PsN: A334HR
857

ceiving a subgrant from the state, and providing bonuses to eligible

entities with successful programs.

HR/SR with an amendment to strike all legislative language in notes 47–49 and insert: ‘‘(2) STATE ACTIVITIES.—Each state educational agency receiving a grant under this part may reserve not more than 5

percent of the agency’s allotment under section 3323(b)(2) to

carry out state activities described in the state plan submitted

under section 3325, including— ‘‘(A) professional development activities, and other activities, that assist personnel in meeting state and local

certification requirements for teaching limited English proficient children; ‘‘(B) planning, evaluation, administration, and interagency coordination related to the subgrants referred to in

paragraph (1). ‘‘(C) providing technical assistance and other forms of

assistance to local educational agencies that are receiving

assistance from a state educational agency under this part

including—

‘‘(i) identifying and implementing language instruction educational programs and curricula that are

based on scientifically based research on teaching limited English proficient children; ‘‘(ii) helping limited English proficient students

meet the same challenging state academic content

standards and challenging state student academic

achievement standards that all students are expected

to meet; ‘‘(iii) identifying or developing and implementing

measures of English language proficiency; and ‘‘(iv) promoting parental and community participation in programs that serve limited English proficient

students.

‘‘(D) Provide recognition, which may include financial

awards to subgrantees who have exceeded their achievement objectives pursuant to section 3329.’’

48. The Senate Amendment, but not the House bill, requires

SEAs to describe how they will provide technical assistance to

LEAs and elementary and secondary schools for: identifying and

implementing language instruction educational programs and curricula tied to scientifically based research; helping LEP student

meet challenging state content and student performance standards

expected of all children; identify or develop and implement measures of English language proficiency; and the promoting of parental

and community participation in programs. The Senate Amendment

provides that these activities be described in the state plan.

HR/SR (see note 47)

49. The Senate Amendment, but not the House bill, includes

the same set of criteria for specially qualified agencies.

HR/SR (see note 47)

50. Using different language, the House bill and the Senate

Amendment, require that a state receiving a grant may not use

more than two percent of its allotment for administrative purposes.

858

HR with an amendment to strike ‘‘may use not more

than 2 percent’’ and insert ‘‘may use up to 3 percent or $175,000, whichever is greater,’’ and strike ‘‘costs’’ after ‘‘planning’’ in (3).

51. Both the House bill and the Senate Amendment provide for

the determination of allotments and reservations.

LC

52. Using different language, the House bill and the Senate

Amendment, reserve .5 percent for payments to LEAs that serve

Native American children. The House bill, but not the Senate

Amendment, provides it for individuals in schools operated predominately for Native American or Alaska Native children. The

Senate Amendment, but not the House bill, reserves .5 percent for

payments to the Secretary of Interior for activities and schools operated by the BIA. The House bill, but not the Senate Amendment,

defines these entities in Section 3106(a). (See note 67)

HR/SR with an amendment to insert as a new (A): ‘‘(A)

.5% or $5 million of such amount, whichever is greater, for

payments to eligible entities that are defined under section

3106(a) for activities proposed by the Secretary.’’ 53. Using similar language both the House bill and the Senate

Amendment provide .5 percent for payments to outlying areas.

LC

54. The House bill, but not the Senate Amendment, reserves

.5 percent for the evaluation of programs for dissemination of best

practices. The Senate Amendment, but not the House bill, continues a National Clearinghouse to disseminate best practices. (See

note 176)

HR

55. The Senate Amendment, but not the House bill, reserves

6 percent for national leadership activities.

HR with an amendment to change to ‘‘6.5 percent’’ with

.5 percent for evaluation and no more than $2 million for

the National Clearinghouse.

56. The Senate Amendment, but not the House bill, reserves

such sums for continuation awards.

LC

57. Using different language the House bill and the Senate

Amendment provide for the continuation of current grant awards.

The House bill, but not the Senate Amendment, provides for such

continuation only for grants made to subpart 1, Part A (Capacity

and Demonstration grants) under current law. The Senate Amendment, but not the House bill, provides for the continuation of

grants made under Subparts 1 and 3 under Part A (Capacity and

Demonstration Grants; Professional Development Grants) The Senate Amendment, but not the House bill, provides for awards to

cover grants under current law, as well as, grants made in years

that Part D is not in effect (when the appropriation is not $700

million or more).

HR

58. Using different language, both the House bill and the Senate Amendment, provide for state allotments. The House bill, but

not the Senate Amendment, awards grants to states based on the

number of LEP students. The Senate Amendment, but not the

859

House bill, awards grants to states based 67 percent of each state’s

share of LEP students and 33 percent of each state’s share of immigrant students.

HR with an amendment to strike ‘‘67’’ and insert ‘‘80’’ in

(A)(i) and to strike ‘‘33’’ and insert ‘‘20’’ in (A)(ii).

59. The Senate Amendment, but not the House bill, provides

that no state would receive less than .5 percent of the total amount

available for distribution.

HR with an amendment to strike ‘‘less than . . . under

this paragraph’’ and insert ‘‘that is in the amount of not less

than $500,000’’ in (B).

60. Using different language, the House bill and the Senate

Amendment, require the Secretary to make grants to specially

qualified agencies from the amount made available to states when

it’s determined that such allotment will not be used for the intended purpose. Both the House bill and the Senate Amendment,

stipulate that funds are available when a state does not submit an

application or submits an application that is not approved. The

Senate Amendment, but not the House bill, allows the Secretary to

determine such rules as to be appropriate to make amounts available to states.

SR

61. Using different language, the House bill, and the Senate

Amendment, require the Secretary to make reallotments available

on a competitive basis to specially qualified agencies within the

state. The House bill, but not the Senate Amendment, provide for

reallocating any portion to the remaining states.

SR

62. The House bill, but not the Senate Amendment, permits

specially qualified agencies receiving funding to waive certain requirements.

SR

63. The Senate Amendment, but not the House bill, limits a

specially qualified agency from using not more than 1 percent of

the direct award for administrative costs.

HR with an amendment to strike ‘‘not more than 1 percent’’ and insert ‘‘not more 2 percent’’.

64. The House bill and the Senate Amendment refer to

amounts for Puerto Rico. The House bill, but not the Senate

Amendment, caps such amount at .5 percent of the amount allotted

to all states. The Senate Amendment, but not the House bill, reserves .5 percent for Puerto Rico.

SR

65. Using different language, the House bill and the Senate

Amendment, provides for data determinations. The House bill, but

not the Senate Amendment, provides for determining the number

of LEP children in the state based on the most recent satisfactory

data available from the Bureau of the Census and the American

Community Survey. It also stipulates that if satisfactory data is

not available or deemed outdated from these sources, then funds

are provided based on data provided by the states. The Senate

Amendment, but not the House bill, requires the Secretary to use

data that would yield the most accurate and up-to-date figures, including data from the Bureau of the Census or data submitted by

860

the states. The Senate Amendment, but not the House bill, also includes immigrant children and youth in their data collection.

HR with an amendment to insert as (A) and (B):

‘‘(3) USE OF DATA FOR DETERMINATIONS.—

‘‘(A) IN GENERAL.—For the purposes of making state

allotments under paragraph (2), for the purpose of determining the number of limited English proficient students

in a state and in all states, and the number of immigrant

children and youth in a state and in all states, for each fiscal year, the Secretary shall use data that will yield the

most accurate, up-to-date numbers of such students.

‘‘(B) SPECIAL RULE.—In making such determinations

under paragraph (A) for the two fiscal years following the

enactment of [Name of Act], the Secretary shall determine

the number of limited English proficient students in a

state and in all states, and the number of immigrant children and youth in a state and in all states, using data

available from the Bureau of Census or submitted by the

states to the Secretary. After such time, the Secretary

shall use data available from the American Community

Survey available from the Department of Commerce or the

number of students being assessed for English proficiency

in a state as required under section 1111(b)(7), whichever

the Secretary determines to be the most accurate.’’

66. The House bill, but not the Senate Amendment, stipulates

that the Secretary may not reduce a state’s allotment based on the

state’s selection of any method of instruction, as its preferred method of teaching English to LEP children.

HR

67. The House bill, but not the Senate Amendment, clarifies

certain entities that operate schools for Native American or Alaska

Native children are considered LEAs, and therefore eligible to receive funding under 3105(c)(1)(A). (See note 52)

SR with an amendment to insert as new SEC. 3106:

‘‘SEC. 3106. NATIVE AMERICAN AND ALASKAN NATIVE CHILDREN IN

SCHOOL.

‘‘(a) ELIGIBLE ENTITIES.—For the purpose of carrying out programs under this part for individuals served by elementary, secondary, and postsecondary schools operated predominately for Native American or Alaska Native children or youth, the following

shall be considered to be an eligible entity—

‘‘(1) An Indian Tribe. [Corresponding with Definition in

Current Law 7104.]

‘‘(2) A tribally sanctioned educational authority.

‘‘(3) A Native Hawaiian or Native American Pacific Islander native language educational organization.

‘‘(4) An elementary or secondary school that is operated or

funded by the Bureau of Indian Affairs, or a consortium of

such schools.

‘‘(5) An elementary or secondary school operated under a

contract with or grant from the Bureau of Indian Affairs, in

consortium with another such school or a tribal or community

organization;

861

‘‘(6) An elementary or secondary school operated by the

Bureau of Indian Affairs and an institution of higher education, in consortium with an elementary or secondary school

operated under a contract with or grant from the Bureau of Indian Affairs or a tribal or community organization;

‘‘(b) SUBMISSION OF APPLICATIONS FOR ASSISTANCE.—Notwithstanding any other provision of this part, an entity that is considered to be an eligible entity under subsection (a), and that desires

to submit an application for federal financial assistance under this

subpart, shall submit the application to the Secretary.

‘‘(c) SPECIAL RULE.—Eligible Entities described under subsection (a) which receive federal financial assistance pursuant to

this section shall not be eligible to receive a subgrant under section

[section on State subgrants to eligible entities under formula

grant].’’

68. Using different language and criteria, both the House bill

and the Senate Amendment, stipulate the requirements for an application to be approved by the Secretary. The House bill uses

‘‘state application.’’ The Senate Amendment uses ‘‘state plans.’’

HR

69. The House bill, but not the Senate Amendment, stipulates

that states must describe the process for making competitive subgrants to eligible entities. The Senate Amendment, but not the

House bill, provides a formula for making allotments to LEAs in

Sec. 3324.

HR/SR with an amendment to strike all legislative language in notes 69–84 and insert:

‘‘(a) PLAN REQUIRED.—Each state educational agency and specially qualified agency desiring a grant under this part shall submit a plan to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such plan

shall:

‘‘(1) describe the process that the state educational agency

will use in making competitive subgrants to eligible entities

under section 3324(a) [conform to recent immigrant program

cite];

‘‘(2) contain an agreement that, in awarding grants under

3324(a)(2), the state educational agency will address the needs

of school systems of all sizes and in all geographic areas, including rural and urban schools;

‘‘(3) contain an agreement that competitive subgrants to eligible entities under section 3324(a)(2) shall be of sufficient

size and scope to allow such entities to carry out high quality

education programs for limited English proficient children;

‘‘(4) contain an agreement that the state educational agency will coordinate its programs and activities under this part

with its other programs and activities under this Act and other

Acts, as appropriate;

‘‘(5) describe how the state educational agency or specially

qualified agency will establish standards and objectives for

raising the level of English language proficiency that are derived from the 4 recognized domains of speaking, listening,

reading, and writing, and that are aligned with achievement of

862

the state academic content and student academic achievement

standards described in section 1111(b)(1); ‘‘(6) contain an assurance that the— ‘‘(A) state educational agency consulted with local educational agencies, education related community groups and

nonprofit organizations, parents, teachers, school administrators, and researchers, in setting the achievement objectives described in section 3329; ‘‘(B) specially qualified agency consulted with education related community groups and nonprofit organizations, parents, teachers, and researchers, in setting the

achievement objectives described in section 3329; ‘‘(C) state educational agency or specially qualified

agency will ensure that eligible entities comply with section 1111 (b)(3)(j) [LC] to annually test children in English

who have been in the United States for 3 or more consecutive years; ‘‘(D) state educational agency or specially qualified

agency will develop and require eligible entities receiving

a subgrant under this subpart to annually assess the

English proficiency of all children with limited English

proficiency participating in a program funded under this

part, consistent with section 1111(b)(6) [conform to annual

proficiency assessments in Title I];— ‘‘(7) contain an agreement that the state educational agency or specially qualified agency will hold local educational

agencies, eligible entities, and elementary and secondary

schools accountable for— ‘‘(A) meeting all achievement objectives described in

section 3329; ‘‘(B) making adequate yearly progress with limited

English proficient students as described in section

1111(b)(2); and ‘‘(C) meeting the purposes of this part;

‘‘(8) describes how eligible entities in the state will be

given the flexibility to teach limited English proficient

students—

‘‘(A) using a language instruction curriculum that is

tied to scientifically based research on teaching limited

English proficient children and that has been demonstrated to be effective; and

‘‘(B) in the manner the eligible entities determine to

be the most effective; and

‘‘(9) contains an agreement that the state will require eligible entities receiving a subgrant under this part to use the

subgrant in ways that will build such recipient’s capacity to

continue to offer high-quality language instruction educational

programs which assist limited English proficient children in attaining challenging state academic content standards and challenging state student academic achievement standards once assistance under this part is no longer available.’’

70. The House bill, but not the Senate Amendment, stipulates

that states must agree to address the needs of schools, including

rural and urban schools.

863

HR/SR (see note 69)

71. The House bill, but not the Senate Amendment, stipulates

that states must agree to make competitive subgrants that are of

sufficient size and scope to eligible entities.

HR/SR (see note 69)

72. Using different language, the Senate Amendment and the

House bill, require states receiving grants under this part to establish English language standards and benchmarks. The Senate

Amendment, but not the House bill, specifically states that such

benchmarks and standards must be derived from speaking, listening, reading, and writing. The House bill has a similar provision.

(See note 76).

HR/SR (see note 69)

73. The House bill, but not the Senate Amendment, requires

states to agree to coordinate its programs and activities with other

programs and activities as appropriate.

HR/SR (see note 69)

74. The Senate Amendment, but not the House bill, requires

SEAs and specially qualified agencies to consult with other groups,

such as LEAs, education-related community groups and nonprofit

organizations, parents, teachers, school administrators and second

language acquisition specialists in setting performance objectives.

HR/SR (see note 69)

75. The House bill, but not the Senate Amendment, requires

states to monitor the progress of students enrolled in such programs and activities in attaining English proficiency and attaining

challenging state academic content standards and academic

achievement standards.

HR/SR (see note 69)

76. Using different language, the Senate Amendment and the

House bill, require states or specially qualified agencies to establish English language standards and benchmarks. The House bill

and the Senate Amendment, require that such standards be

aligned with state academic content and achievement standards.

The Senate Amendment, but not the House bill, requires that such

benchmarks and standards be derived from speaking, listening,

reading, and writing.

HR/SR (see note 69)

77. The Senate Amendment, but not the House bill, requires

states to describe how SEAs will hold LEAs accountable for meeting all performance objectives and making adequate yearly

progress with LEP students.

HR/SR (see note 69)

78. Using different language, the House bill and the Senate

Amendment, require states to annually measure LEP students

progress in becoming English proficient. The House bill, but not the

Senate Amendment, requires states to ensure that eligible entities

comply with annual testing requirements for LEP students in reading and language arts who have been in the US for 3 or more consecutive years. The Senate Amendment, but not the House bill, requires states to annually measure LEP students progress in becoming English proficient as quickly and as effectively as possible.

HR/SR (see note 69)

864

79. The Senate Amendment, but not the House bill, includes

the same requirements for specially qualified agencies.

HR/SR (see note 69)

80. The House bill, but not the Senate Amendment, stipulates

that the application must contain an assurance that the state will

develop high-quality annual assessments to measure English language proficiency and require eligible entities receiving a subgrant

to annually assess all LEP children for English proficiency. The

Senate Amendment requires annual assessments to measure the

English proficiency of all LEP students under Title I.

HR/SR (see note 69)

81. The Senate Amendment, but not the House bill, requires

specially qualified agencies to describe the activities for which assistance is sought, how such activities will increase the effectiveness with which students develop English proficiency as quickly

and effectively as possible, while meeting state content and student

performance standards.

HR/SR (see note 69)

82. The House bill, but not the Senate Amendment, stipulates

that states must develop annual performance objectives as part of

the state application, and must include percentage increases in performance on annual assessments in reading, writing, speaking, and

listening comprehension as compared to the preceding school year.

The Senate Amendment requires states to develop annual performance objectives under Sec. 3329

HR/SR (see note 69)

83. The Senate Amendment, but not the House bill, stipulates

that the SEA must describe how LEAs will be given the flexibility

to teach LEP students using language instruction curriculum that

is tied to scientifically based research and demonstrated to be effective, and in a manner determined to be the most effective by the

LEA.

HR/SR (see note 69)

84. The House bill, but not the Senate Amendment, stipulates

that states must require eligible entities to use subgrants in ways

that will build the capacity of such recipient to continue to offer

high-quality English language programs that assist LEP children

in attaining challenging state academic content standards and

achievement standards once assistance is no longer available.

HR/SR (see note 69)

85. The Senate Amendment, but not the House bill, requires

the Secretary to approve a state or specially qualified agency plan

that meets all of the requirements after using a peer review process.

HR with an amendment to strike ‘‘and holds reasonable

. . . in section 3321(b).’’

86. The Senate Amendment, but not the House bill, stipulates

that each state or specially qualified agency plan must remain in

effect for the duration of the SEAs or specially qualified agency’s

participation under this part and must be periodically reviewed

and revised by the SEA or specially qualified agency to reflect

changes to strategies and programs carried out. The House bill, but

not the Senate Amendment, provides such grants for the fiscal year

in which it is applied for. (See note 42)

865

HR

87. The Senate Amendment, but not the House bill, requires

the SEA or specially qualified agency to submit significant changes

to their plans to the Secretary. The Secretary must approve such

changes, but has the right to deny approval if it deems such

changes to not meet the requirements or fulfill the purposes of the

grants.

HR with an amendment to insert the following language

as (2)(A):

‘‘(A) AMENDMENTS.—If the State educational agency or

specially qualified agency amends the plan, such agencies

shall submit such amendments to the Secretary.’’

88. The Senate Amendment, but not the House bill, permits

states to submit a plan as part of a consolidated plan.

HR

89. The Senate Amendment, but not the House bill, requires

the Secretary to provide technical assistance in the development of

English language development standards and English language

proficiency assessments, if requested.

HR with an amendment to insert the following language

as (2)(f):

‘‘(f) SECRETARY ASSISTANCE.—The Secretary shall provide technical assistance, if requested, in the development of English language proficiency standards, objectives, and assessments.’’

90. The House bill, but not the Senate Amendment, describes

the main purposes of the subgrants.

SR with an amendment to strike ‘‘reading’’ after ‘‘based

on scientifically based’’ and ‘‘and sound research and theory’’ before ‘‘on teaching limited’’ in (a). Strike ‘‘English’’

and insert ‘‘instructional educational programs’’ after the

word ‘‘language’’ in paragraphs (1)(2) and (3).

91. The Senate Amendment, but not the House bill, provides

for grants to LEAs to carry out Sec. 3327(b) (Grants for the education of LEP students) and 3327 (c) (Grants for the education of

immigrant students). Both the House bill and Senate Amendment

provide that at least 95 percent of federal funding be used for making subgrants to eligible entities and LEAs. (See note 131)

HR

92. The Senate Amendment, but not the House bill, requires

that not more then 1 percent of funds received by LEAs be used

for administrative costs.

HR with an amendment to strike ‘‘1 percent’’ and insert

‘‘2 percent’’.

93. Using different language and criteria, the House bill and

the Senate Amendment, provide for activities of LEAs and eligible

entities receiving subgrants from states. The House bill, but not

the Senate Amendment, stipulates that states may make a

subgrant to eligible entities to achieve one of the purposes by undertaking activities to improve the understanding and use of the

English language based on a child’s learning skills and attainment

of challenging state academic content and student achievement

standards. The Senate Amendment, but not the House bill, stipulates that grant funds shall be used for specific criteria.

866

HR/SR with an amendment to strike all legislative language in notes 93–105 and insert:

‘‘(b) AUTHORIZED SUBGRANTEE ACTIVITIES.—

‘‘(1) IN GENERAL.—Subject to paragraph (2), a state educational agency may make a subgrant

to an eligible entity from funds received by the State under

this subpart to achieve one of the purposes described in subsection (a) by undertaking one or more of the following

activities—

‘‘(A) Upgrading program objectives and effective instructional strategies.

‘‘(B) Improving the instruction program for limited

English proficient students by identifying, acquiring, and

upgrading curricula, instructional materials, educational

software, and assessment procedures.

‘‘(C) PROVIDING.—

‘‘(i) tutorials and academic or vocational education

for limited English proficient children; and

‘‘(ii) intensified instruction.

‘‘(D) Developing and implementing elementary or secondary school language instruction educational programs

that are coordinated with other relevant programs and

services.

‘‘(E) Improving the English language proficiency and

academic performance of limited English proficient children.

‘‘(F) Providing community participation programs,

family literacy services and parent outreach and training

activities to limited English proficient children and their

families to improve the English language skills of limited

proficient children, and assist parents in helping their children to improve their academic performance, and become

active participants in the education of their children;

‘‘(G) Improving the instruction of limited English proficient children by providing for the acquisition or development of education technology or instructional materials,

access to and participation in electronic networks for materials, training and communications, and incorporation of

such resources in curricula and programs, such as those

funded under this subpart; and

‘‘(H) Other activities that are consistent with the purposes of this part.

‘‘(c) REQUIRED SUBGRANTEE ACTIVITIES.—

‘‘(1) An eligible entity receiving a grant under this subpart

shall use the grant funds —

‘‘(A) to increase limited English proficient students’

proficiency in English by providing high-quality language

instruction educational programs that are—

‘‘(i) based on scientifically based research demonstrating the effectiveness of the programs in increasing English proficiency; and

‘‘(ii) based on scientifically based research demonstrating the effectiveness of the programs in inVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00870 Fmt 6601 Sfmt 6601 E:\HR\OC\A334HR.386 pfrm07 PsN: A334HR
867

creasing student performance in the core academic

subjects;

‘‘(B) to provide high-quality professional development

to classroom teachers, (including teachers in classroom settings that are not the settings of language instruction educational programs) principals, administrators, and other

school or community-based organizational personnel to improve the instruction and assessment of children who are

limited English proficient children, that are—

‘‘(i) designed to enhance the ability of the teachers

to understand and use curricula, assessment measures, and instructional strategies for limited English

proficient students;

‘‘(ii) based on scientifically based research demonstrating the effectiveness of those activities in increasing students’ English proficiency or substantially

increasing the subject matter knowledge, teaching

knowledge, and teaching skills of those teachers; and

‘‘(iii) of sufficient intensity and duration (not to include activities such as 1-day or short-term workshops

and conferences) to have a positive and lasting impact

on the teachers’ performance in the classroom, except

that this clause shall not apply to an activity that is

1 component described in a long-term, comprehensive

professional development plan established by a teacher and the teacher’s supervisor based on an assessment of the needs of the teacher, the supervisor, the

students of the teacher, and the local educational

agency.’’

94. The House bill, but not the Senate Amendment, lists activities that may be undertaken by eligible entities, such as, upgrading

program objectives and effective instructional strategies as an activity.

HR/SR (see note 93)

95. The House bill, but not the Senate Amendment, stipulates

that improving the instruction program for LEP students by identifying, acquiring, and upgrading curricula, instructional materials,

educational software, and assessment procedures is also an activity.

HR/SR (see note 93)

96. The Senate Amendment, but not the House bill, stipulates

that grants funds must be used to increase LEP students’ proficiency in English by providing high-quality language instruction

education programs that are tied to scientifically based research

demonstrating the effectiveness of the programs in increasing

English proficiency and in increasing student performance in the

core academic subjects.

HR/SR (see note 93)

97. The House bill, but not the Senate Amendment, further

lists activities that may be undertaken by eligible entities, such as

providing tutorials and academic or vocational education and intensified instruction for LEP children.

HR/SR (see note 93)

868

98. The House bill, but not the Senate Amendment stipulates

that developing and implementing elementary and secondary

school English language instructional programs coordinated with

other relevant programs and services as an activity.

HR/SR (see note 93)

99. Using different language, the House bill and the Senate

Amendment, provide for professional development activities to improve the instruction of LEP children. The House bill, but not the

Senate Amendment, extends such activities to principals, administrators, and other school or community-based organizational personnel to improve instruction and assessment. The Senate Amendment, but not the House bill, further requires such activities to be

tied to scientifically based research.

HR/SR (see note 93)

100. The Senate Amendment, but not the House bill, further

provides that professional development activities be of sufficient intensity and duration to have a lasting impact on the teachers’ performance in the classroom. This clause does not apply for longterm, comprehensive professional development plans already established.

HR/SR (see note 93)

101. The House bill, but not the Senate Amendment, further

requires the improvement of the English language proficiency and

academic performance of LEP children.

HR/SR (see note 93)

101. The House bill, but not the Senate Amendment, requires

the improvement of the instruction of LEP children by acquiring or

development of educational technology or instructional materials,

training and communications, and incorporation of such resources

in curricula and programs.

HR/SR (see note 93)

102. The House bill, but not the Senate Amendment, requires

the development of tutoring programs for LEP children that provide early intervention and intensive instruction to increase academic achievement, graduation rates and prepare students for

transitioning into classrooms where instruction is not tailored for

LEP children.

HR/SR (see note 93)

104. Using different language, the House bill and Senate

Amendment, provide for parental participation and outreach.

HR/SR (see note 93)

105. The House bill, but not the Senate Amendment, includes

other activities.

HR/SR (see note 93)

106. The House bill, but not the Senate Amendment, requires

any program or activity undertaken by eligible entities using a

subgrant from a state be designed to assist students in attaining

English proficiency within three years of attendance in the U.S.

and move such students into classrooms where instruction is not

tailored for limited English proficient children.

HR

107. The House bill, but not the Senate Amendment, stipulates

that eligible entities must select one or more methods or forms of

instruction to be used to assist LEP children in attaining English

869

and to meet challenging state academic content and student academic achievement standards.

SR

108. The House bill, but not the Senate Amendment, stipulates

that states have the discretion to decide the duration of a subgrant

to an eligible entity.

SR

109. The Senate Amendment, but not the House bill, provides

for grant awards to meet the needs of immigrant students under

Sec. 3324(c).

HR

110. The Senate Amendment, but not the House bill, specifies

activities to provide support for immigrant children.

HR with an amendment to strike ‘‘payment of salaries’’

and insert ‘‘support for’’ before ‘‘personnel’’ in (2);

Strike ‘‘overhead costs, costs of construction, acquisition, or rental of space’’ in (5).

Insert the following language as (6) and (7):

‘‘(6) other instructional services that are designed to assist

immigrant students to achieve in elementary and secondary

schools in the United States, such as programs of introduction

to the educational system, and civics education; and

‘‘(7) activities, coordinated with community-based organizations, institutions of higher education, private sector entities,

or other entities with expertise in working with immigrants, to

assist parents of immigrant students by offering comprehensive community services.’’

111. The Senate Amendment, but not the House bill, includes

a provision to insure that funds are used to supplement and not

supplant other federal, state and local public funds.

HR

112. Using different language, both the House bill and the Senate Amendment, require eligible entities to apply for subgrants

from the state. The House bill, but not the Senate Amendment uses

‘‘application.’’ The Senate Amendment, but not the House bill, uses

‘‘plan.’’

HR

113. Using different language and criteria, both the House bill

and the Senate Amendment, stipulate the requirements for submitting a plan or application.

HR

114. The House bill, but not the Senate Amendment, requires

an eligible entity to describe the programs and activities to be developed, implemented, and administered under the subgrant.

HR/SR with an amendment to strike all legislative language in notes 114–121 and insert:

‘‘(b) CONTENTS.—Each plan submitted under subsection (a)

shall—

‘‘(A) describe the programs and activities proposed to be

developed, implemented and administered under the subgrant;

‘‘(B) describe how the eligible entity will use the grant

funds to meet all achievement objectives described in section

3329;

870

‘‘(C) describe how the eligible entity will hold elementary

schools and secondary schools accountable for— ‘‘(i) meeting the achievement objectives described in

section 3329; ‘‘(ii) making adequate yearly progress with limited

English proficient students as described in section

1111(b)(2); and ‘‘(iii) annually measuring the English language proficiency of limited English proficient students, so that such

students served by the programs carried out under this

subpart develop proficiency in English while meeting state

academic content and student academic achievement

standards as required by section 1111(b)(1);

‘‘(D) describe how the eligible entity will promote parental

and community participation in programs for limited English

proficient students; ‘‘(E) contain an assurance that the local educational agency consulted with teachers, researchers, school administrators,

and parents, and if appropriate, with education related community groups and nonprofit organizations, and institutions of

higher education, in developing the local educational agency

plan;‘‘(F) describe how language instruction educational programs will ensure that limited English proficient students

being served by the programs develop English language proficiency.’’ 115. The Senate Amendment, but not the House bill, requires

applicants to describe how such a subgrant will meet all performance objectives.

HR/SR (see note 114)

116. The House bill, but not the Senate Amendment, requires

applicants to describe how such subgrant will be used to satisfy the

requirement of moving LEP children out of specialized classrooms.

HR/SR (see note 114)

117. The Senate Amendment, but not the House bill, requires

applicants to describe how they will measure the progress of LEP

children and hold schools accountable for making such progress.

HR/SR (see note 114)

118. The Senate Amendment, but not the House bill, requires

applicants to describe how they will promote parental and community participation in LEP programs.

HR/SR (see note 114)

119. The Senate Amendment, but not the House bill, requires

applicants to contain assurances that they consulted with appropriate experts and officials in developing the local educational

agency plan.

HR/SR (see note 114)

120. Using similar language, the House bill and the Senate

Amendment, require applicants to describe how they will use

disaggregated results of student assessments and other measures

to annually review the progress of schools within its jurisdiction to

determine if such schools are making AYP necessary to ensure that

LEP students will meet the state’s proficient level of performance.

HR/SR (see note 114)

871

121. Placed in a different order and using different language,

both the House bill and the Senate Amendment, require applicants

to describe how language instruction programs will ensure that

LEP students develop English proficiency. The Senate Amendment,

but not the House bill, states as quickly and effectively as possible.

The House bill, but not the Senate Amendment, states after 3 academic years of enrollment. (See note 127)

HR with an amendment to insert ‘‘and attain’’ after ‘‘develop’’ and strike ‘‘as quickly and effectively as possible.’’ 122. The House bill, but not the Senate Amendment, stipulates

additional requirements that must be included for an application to

be approved.

HR

123. The House bill and the Senate Amendment have similar

provisions. The House bill, but not the Senate Amendment, requires eligible entities to use qualified personnel who are proficient

in English, including written and oral communication skills. The

Senate Amendment, but not the House bill, stipulates that LEAs

certify to the SEAs that all teachers for LEP students are fluent

in English and any other language used for instruction.

HR with an amendment to insert ‘‘including written and

oral communication skills,’’ after ‘‘instruction,’’ and insert

Report Language:

Report Language:

Although various educational staff, such as para-professionals, serve a critical need in language instruction educational programs, teachers of such programs are the primary provider of instruction to limited English proficient

students. As such, it is the intent of Conferees to ensure that

teachers in language instruction educational programs be

well-qualified in the designated method or instructional approach used with limited English proficient students.

124. The House bill, but not the Senate Amendment, requires

eligible entities to ensure that all agencies are complying with the

parental consent requirements each school year;

SR

125. The House bill, but not the Senate Amendment, requires

eligible entities to assess the English proficiency of all children

with LEP participating in a program;

SR

126. The House bill, but not the Senate Amendment, requires

eligible entities to have based its proposal on scientifically based

reading research and sound research and theory on teaching LEP

children.

SR with an amendment to strike ‘‘reading’’ and ‘‘sound

research and theory’’ in (D).

127. Placed in a different order and using different language,

both the House bill and the Senate Amendment, require applicants

to describe how language instruction programs will ensure LEP

students to develop English proficiency. The House bill, but not the

Senate Amendment, states after 3 academic years of enrollment.

The Senate Amendment, but not the House bill, states as quickly

and effectively as possible. (See note 121)

HR

872

128. The House bill, but not the Senate Amendment, requires

eligible entities to ensure that programs will enable children to

speak, read, write and comprehend the English language.

SR

129. The House bill, but not the Senate Amendment, requires

eligible entities to ensure that they are not in violation of any state

law or state constitutional law regarding the education of LEP children.

SR

130. The House bill, but not the Senate Amendment, requires

states to consider the quality of the application and ensure it meets

the purposes of the subgrant.

SR

131. Using different language, the House bill and the Senate

Amendment require states to expend at least 95 percent of their

federal grant money for making subgrants to eligible entities and

LEAs. (See note 91)

LC

132. The House bill, but not the Senate Amendment, requires

states to reserve 75 percent of their funds for subgrants to eligible

entities. The House bill, but not the Senate Amendment, distributes funds only to LEAs if the number of LEP children and youth

is at least 500 students, or 3 percent of the total population.

HR

133. Using similar language, the House bill and the Senate

Amendment require states to award funds to eligible entities and

LEAs based on their share of LEP children.

HR

134. The Senate Amendment, but not the House bill, requires a state to award an LEA a minimum grant of $10,000.

HR

135. The House bill, but not the Senate Amendment, requires

states to reallocate any funding that will not be used during a fiscal year.

SR

136. The House bill, but not the Senate Amendment, reserves

25 percent of its remaining funds to award competitive subgrants

to eligible entities experiencing significant increases in LEP children.

HR

137. The Senate Amendment, but not the House bill, requires

states to reserve up to 15 percent for LEAs experiencing a substantial increase in immigrant children enrollment.

HR (See note 138).

138. Using different language, the House bill and the Senate

Amendment, define the terms ‘‘significant increases’’ and ‘‘substantial increase.’’ The House bill, but not the Senate Amendment, provides awards to eligible entities with ‘‘significant increases’’ (as determined by the state) in LEP children over the 2 previous years

or who do not qualify for subgrants under the 75 percent formula

distribution.

HR/SR with an amendment to strike House (2) and Senate (B) and combine Senate (A) and House (1) to insert as

the following new (A):

873

‘‘(A) IN GENERAL.—A state educational agency receiving a grant under this part for a fiscal year shall reserve

not more than 15 percent of the agency’s allotment under

section 3323(b)(2) to award grants to local educational

agencies in the state that have experienced significant increases, as compared to the previous 2 years, in the percentage or number of immigrant children and youth, that

have enrolled in public and nonpublic elementary and secondary schools in the geographic areas under the jurisdiction of, or served by, such entities during the previous fiscal year for which the subgrant is made and shall equally

consider local educational agencies that have limited or no

experience in serving immigrant children and youth.’’

139. The Senate Amendment, but not the House bill, defines

‘‘substantial increase’’ as an increase in an LEA’s immigrant enrollment of at least 20 percent or 50 children relative to the preceding

year, or as an increase of at least 20 percent in an LEA’s immigrant enrollment for which the LEA has limited or no experience

in educating LEP students.

SR

140. Both the House bill and Senate Amendment provide for

the authorization of appropriations. The House bill, but not the

Senate Amendment, authorizes $750 million for FY 2002 and such

sums through FY 2006. The Senate Amendment, but not the House

bill, authorizes $700 million for the bilingual education program for

FY 2002 and such sums through FY 2008.

SR with amendment to change 4 to 5 succeeding years.

141. The Senate Amendment, but not the House bill, authorizes that for any fiscal year that funds appropriated for the bilingual education program are $700 million or more, the funds should

be used for the state and local grants for language minority students in Part D.

HR with an amendment to strike the language, conform

to new structure and insert:

(b) STATE AND LOCAL GRANTS.—Notwithstanding subsection

(a), for any fiscal year for which the total amount of funds appropriated for Parts A and C are not less than $650 million, all such

funds shall be used to carry out Part D.

Report Language:

The Conferees support the reform measures being included in the formula grant program (Title III, Part A). By

making these reforms contingent upon a set appropriated

amount, the Conferees intend to make these reforms permanent and encourage the appropriators to maintain such

amount for all succeeding fiscal years.

142. The Senate Amendment, but not the House bill, contains

a Sense of the Senate that Congress should appropriate $750 million to carry out Parts A and D and authorizes significant increases

in appropriations for FY 2003 through FY 2008. This was an

amendment to Title X of the Senate Amendment.

SR with an amendment to strike all of (a).

SR on (b)

874

143. The Senate Amendment, but not the House bill, stipulates

that Parts A, C, E and F are not in effect if Part D is enacted. Part

D is only enacted when the appropriation is $700 million or more.

HR with amendment to conform to new structure

144. The House bill, but not the Senate Amendment, requires

subgrant recipients to submit biennial evaluations to the state. The

evaluation must include programs and activities conducted by the

entity; the progress made by LEP students in meeting challenging

state academic content and student achievement standards; the

number and percentage of LEP students attaining English proficiency; and the progress made by students in meeting challenging

state academic content and student achievement standards after

such students are no longer receiving services. The Senate Amendment, but not the House bill, also requires increases in the number

and percentage of LEP students attaining English proficiency. (See

note 148)

SR with an amendment to:

Strike ‘‘subpart 1’’ and insert ‘‘this part’’ after ‘‘under’’ and strike ‘‘of’’ and insert ‘‘that includes’’ in (a);

Insert ‘‘a description of’’ before ‘‘the programs’’ and

strike ‘‘subpart 1’’ and insert ‘‘this part for’’ in (1).

145. The House bill, but not the Senate Amendment, stipulates

that the evaluations must be used for improvement of programs

and activities; the effectiveness of such programs and activities in

teaching LEP children English and meet challenging state academic standards; and whether or not to continue funding for programs and activities.

SR

146. The House bill, but not the Senate Amendment, stipulates

the components of the evaluation such as an evaluation of whether

or not students enrolled in a program or activity have attained

English proficiency; and have achieved a working knowledge of the

English language.

SR with an amendment to strike (c)(1), (A), (B) and (2)

and insert:

‘‘(c) EVALUATION COMPONENTS.—An evaluation provided by an

eligible entity under subsection (a) shall provide an evaluation of

students enrolled in a program or activity conducted by the entity

using funds under this title, including the percentage of students

that— ‘‘(1) are making progress in attaining English proficiency,

including the percentage of students that have achieved proficiency in the English language and the percentage of students that have transitioned into classrooms not tailored for

limited English proficient students; ‘‘(2) have achieved a level of proficiency in the English language that is sufficient to permit them to achieve in English,

in a classroom that is not tailored to limited English proficient

children; ‘‘(3) are meeting challenging state academic content standards and challenging state student academic achievement

standards expected of all students;

‘‘(4) are not receiving waivers for grades 3–8 testing under

section 1111(b)(H)(iv); and

875

‘‘(5) such other information as the state may require.’’

147. The House bill, but not the Senate Amendment, requires

states to approve evaluation measures that are designed to assess

oral language proficiency in Kindergarten, oral language proficiency, including speaking and listening skills in first grade, including reading and writing proficiency in second grade and higher,

and attainment of challenging state student academic achievement

standards.

SR with an amendment to strike (d)(1)—(4) and insert:

‘‘(d) EVALUATION MEASURES.—In preparing an evaluation for

use by an entity under subsection (a), a state shall approve evaluation measures, as applicable, for use under subsection (c) that are

designed to assess—

‘‘(1) the progress of students in attaining English proficiency

that shows the level of oral language, including speaking and

listening, reading, and writing skills in English;

‘‘(2) student attainment of challenging state student academic achievement standards on assessments described in section 1111(b)[check reference]; and

‘‘(3) progress in meeting the state annual achievement objectives as consistent with section 3329.’’

148. The Senate Amendment, but not the House bill, requires

SEAs or specially qualified agencies to develop annual measurable

performance objectives for LEP programs and must specify an incremental percentage increase for each performance objective for

each fiscal year, including increases in the number of LEP students

demonstrating increases on annual assessments.

HR with an amendment to strike Sec. 3329 (a) and insert:

SEC. 3329. ACHIEVEMENT OBJECTIVES AND ACCOUNTABILITY.

‘‘(a) IN GENERAL.—Each state educational agency or specially

qualified agency receiving a grant under this title shall develop annual measurable achievement objectives for limited English proficient students served under this title with respect to helping such

students develop and attain proficiency in English while meeting

state academic content and student academic achievement standards as required by section 1111(b)(1). Such achievement objectives

shall be developed in a manner that considers the amount of time

an individual student has been enrolled in a language instruction

educational program and assigns such objectives in an appropriate

manner to reflect such enrollment, and shall be consistent in the

method and measurement for determining the increases described

in paragraphs (1), (2) and (4). Measurable achievement objective for

students served in language instruction educational programs

under this title shall include—

‘‘(1) at a minimum, annual increases in the number or percentage of students making progress made by students in

learning the English language;

‘‘(2) at a minimum, annual increases in the number or percentage of students attaining English language proficiency by

the end of each school year, as determined by a valid and reliable assessment of English proficiency consistent with section

1111(b)(7);

876

‘‘(3) meeting adequate yearly progress for limited English

proficient student established in section 1111(b)(2)(C)(iv); and

‘‘(4) may include, at the discretion of the State, the number

or percentage of students not receiving waivers for grades 3–

8 testing under section 1111(b)(H)(iv), except that States shall

not apply such requirement to eligible entities that in a given

school year—

‘‘(A) have experienced a large influx of limited English

proficient children or immigrant children and youth;

‘‘(B) enroll a statistically significant number of immigrants from countries where such immigrants had little or

no access to formal education; or

‘‘(C) have a statistically significant number of immigrants who have fled from war and natural disaster.’’

Report Language:

To Modify Achievement Objectives 3329(a)—The Conferees wish to clarify that annual measurable achievement

objectives described under 3329(a) for developing and attaining English proficiency be derived from scientificallybased research on teaching limited English proficient children such as, but not limited to research conducted by the

READ Institute, the National Academy of Sciences and the

Center for Applied Linguistics, and be established by states

in a manner that reflects the full range of second language

proficiency, including developmentally-appropriate communication and academic skills.

To Modify Achievement Objectives 3329(a)(1) and

3329(a)(2)—In providing for achievement objectives under

section 3329(a), the Conferees intend to reflect progress in

the development and the attainment of English language

proficiency among limited English proficient students. In

developing these objectives, states should distinguish between learning the English language and attaining English

language proficiency by establishing such objectives in a

manner that reflects the number of children showing improved achievement on assessments of English language

proficiency (consistent with section 3329(a)(1)), and that reflects the number of children within a common group or cohort of students that are enrolled in a language instruction

educational program from year to year, and that attain full

English proficiency (consistent with section 3329(a)(2)).

149. The Senate Amendment, but not the House bill, requires

SEAs and specially qualified agencies to be held accountable for

meeting annual measurable performance objectives and meeting

AYP.

HR with an amendment to strike (b)(1) and (b)(2) and insert:

‘‘(b) ACCOUNTABILITY.—

‘‘(1) FOR STATES.—Each state educational agency receiving

a grant under this title shall hold eligible entities accountable

for meeting the annual measurable achievement objectives

under this part and adequate yearly progress for limited

English proficient students under section 1111(b)(2)(B).

877

‘‘(2) IMPROVEMENT PLAN.—(A) If the state determines, based on

the objectives described in subsection (a) that the entity has

failed to make progress toward meeting the annual measurable

achievement objectives for limited English proficient children

for two consecutive years, the entity shall develop an improvement plan to ensure that the entity meets such annual measurable objectives that specifically addresses factors that prevented the entity from achieving their objectives.

‘‘(3) TECHNICAL ASSISTANCE.—During the development of

the improvement plan described in subparagraph (2), and

throughout its implementation, the State educational agency

shall —

‘‘(A) provide technical assistance to eligible entities;

‘‘(B) provide technical assistance, if applicable, to

schools served by such entity that need assistance to enable the local educational agency to meet the annual measurable objectives described in subsection (a);

‘‘(C) develop, in consultation with the entity, professional development strategies and activities, based on scientifically-based research that the agency will use to meet

the annual measurable objectives described in subsection

(a) and require such entity to utilize such strategies and

activities;

‘‘(D) develop, in consultation with the entity, a plan to

incorporate strategies and methodologies, based on scientifically-based research, to improve the specific program

or method of instruction provided to limited English proficient students.

‘‘(4) ACCOUNTABILITY.—If the State determines the entity

has failed to meet the objectives in subsection (a) for limited

English proficient children for four consecutive years, the State

educational agency shall—

‘‘(A) require such entity to modify their curriculum,

program, and method of instruction; or

‘‘(B) make a determination whether such entity shall

continue to receive funds related to the entity’s failure to

make progress on the measurable objectives in (a); and

‘‘(C) require such entity to replace educational personnel relevant to the entity’s failure to make progress on

the measurable objectives in (a).’’

Report Language:

For the purposes of making determinations as described

in subsections (b)(2) and (b)(4), a State educational agency

shall assign equal weight to annual goals for learning and

attaining English (consistent with (a)(1) and (a)(2)), and to

annual objectives for academic proficiency (consistent with

(a)(3)).

150. The House bill, but not the Senate Amendment, requires

states receiving a grant to submit a report to the Secretary every

two years on the programs and activities undertaken by the state

and the effectiveness of such programs and activities in improving

the education of LEP children.

SR

878

151. The House bill, but not the Senate Amendment, requires

the Secretary to prepare and submit a report every two years to

the respective House and Senate committees.

SR with an amendment to strike paragraphs (1)–(5) and

to insert the following as new paragraphs (1)–(8):

‘‘(b) SECRETARY.—Every second year, the Secretary shall prepare and submit to the Committee on Education and the Workforce

of the House of Representatives and the Committee on Health,

Education, Labor, and Pensions of the Senate a report on—

‘‘(1) programs and activities undertaken to serve limited

English proficient students under part and, the effectiveness of

such programs and activities in improving the academic

achievement and English proficiency of children who are limited English proficient;

‘‘(2) the types of language instructional educational programs used by local educational agencies or eligible entities receiving funding under this title to teach limited English proficient children;

‘‘(3) a critical synthesis of data reported by the states, pursuant to section 3124, when applicable;

‘‘(4) an estimate of the number of teachers certified in the

field of language instruction educational programs and the

education of limited English proficient students, and an estimate of the number of such teachers which will be needed for

the succeeding 5 fiscal years;

‘‘(5) the major findings of scientifically based research carried out under this title;

‘‘(6) the number of programs or projects, if any, that were

terminated because they were not able to reach program goals;

‘‘(7) the number of limited English proficient children

served by local educational agencies or eligible entities receiving funding under this title who were transitioned out of language instruction educational programs funded under this title

into classrooms where instruction is not tailored for limited

English proficient children; and

‘‘(8) other information gathered from the reports submitted

under section 3122(a), 3107, and 3124(g) when applicable.’’

152. The House bill, but not the Senate Amendment, requires

the Secretary to coordinate all programs serving language minority

and LEP students administered by the Department and other

agencies.

SR

153. The House bill, but not the Senate Amendment, defines

‘‘children and youth.’’

SR

Definition linked to note 222.

154. The Senate Amendment, but not the House bill, defines

‘‘core academic subjects.’’

HR/SR to move to General Provisions of the Act.

155. The House bill, but not the Senate Amendment, defines

‘‘community-based organization.’’ The House bill also defines this in

Title VIII—General Provisions.

SR

879

156. The Senate Amendment, but not the House bill, defines

‘‘immigrant children and youth.’’

HR

157. The House bill, but not the Senate Amendment, defines

‘‘eligible entity.’’

SR

158. The Senate Amendment, but not the House bill, defines

‘‘language instruction educational program.’’

HR with an amendment to insert ‘‘and attaining’’ after

‘‘developing’’ in (A);

Insert ‘‘academic’’ after ‘‘State’’ in (A);

Strike ‘‘performance’’ and insert ‘‘academic achievement’’ in (A);

Insert ‘‘and attain’’ after ‘‘develop’’ in (B).

Strike ‘‘as quickly and effectively as possible’’ in both

(A) and (B).

159. The House bill, but not the Senate Amendment, defines

‘‘Native Hawaiian or Native American Pacific Islander Native language educational organization.’’

HR with amendment to use definition on page 121, numbers 9 and 10, which reads as follows:

‘‘NATIVE AMERICAN AND NATIVE AMERICAN LANGUAGE.—The

terms ‘‘Native American and Native American language’’ shall

have the same meanings given such terms in section 103 of the

Native American Languages Act.

‘‘NATIVE HAWAIIAN OR NATIVE AMERICAN PACIFIC ISLANDER

NATIVE LANGUAGE EDUCATIONAL ORGANIZATION.—The term

‘‘Native Hawaiian or Native American Pacific Islander Native

Language educational organization’’ means a nonprofit organization with a majority of its governing board and employees

consisting of fluent speakers of the traditional Native American languages used in the organization’s educational programs

and with not less than 5 years successful experience in providing educational services in traditional Native American languages.’’

160. The Senate Amendment, but not the House bill, defines

the term ‘‘limited English proficient student’’ in Part D. The House

bill only defines ‘‘limited English proficient student ‘‘ in Title VIII—

General Provisions.

HR with an amendment to strike ‘‘opportunity to learn’’

and insert ‘‘ability to successfully achieve’’ in (4)(D)(ii).

Move definition to General provisions.

161. The Senate Amendment, but not the House bill, defines

‘‘local educational agency’’ in Part D. The House bill defines it in

Title VIII—General Provisions.

SR

162. Using different language, the House bill and the Senate

Amendment, define ‘‘native language.’’

HR/SR with an amendment to use definition on page

122, number 11, which reads as follows:

‘‘NATIVE LANGUAGE—the term native language, when used

with reference to an individual of limited English proficiency,

means the language normally used by such individual, or in

880

the case of a child or youth, the language normally used by the

parents of the child or youth.’’ 163. The Senate Amendment, but not the House bill, defines ‘‘scientifically based research’’ in Part D. The House bill defines it

in Title VIII—General Provisions.

SR

164. Using different language, the House bill and the Senate

Amendment, define ‘‘specially qualified agency.’’ HR with an amendment to add House (6)(B) to Senate

(8).

165. The Senate Amendment, but not the House bill, defines ‘‘state’’ in Part D. The House bill defines it in Title VIII—General

Provisions.

SR

166. The House bill, but not the Senate Amendment, defines ‘‘tribally sanctioned educational authority.’’ SR

167. The House bill, but not the Senate Amendment, stipulates

that nothing shall be construed as to prohibiting LEAs from serving LEP children simultaneously with students with similar needs,

in the same educational settings where appropriate; requires states

or LEAs to establish, continue, or eliminate any particular type of

instructional programs for LEP children; or limit the preservation

or use of Native American languages.

SR

168. The House bill, but not the Senate Amendment, requires

the Secretary to issue regulations that are only necessary to ensure

compliance with specific requirements of this part.

HR

169. The House bill, but not the Senate Amendment, provides

that nothing shall be construed to negate or supersede the legal authority under state law.

SR

170. The House bill, but not the Senate Amendment, provides

for the protection of federal law guaranteeing a civil right.

SR

171. The House bill, but not the Senate Amendment, stipulates

that programs that serve Native American children, Native Pacific

Island children and children of the Commonwealth of Puerto Rico

may include learning and studying their native languages, as long

as the primary focus and outcome of such program is to increase

English proficiency among such children.

SR with an amendment to strike ‘‘primary.’’

172. The House bill, but not the Senate Amendment, provides

the necessary conforming amendments for this title and changes

the name of the office that administers bilingual education programs as well as changes the name of the director.

SR with an amendment to strike ‘‘Office of Educational

Services for Limited English Proficient Children’’ and to insert ‘‘Office of English Language Acquisition, Language Enhancement and Academic Achievement for Limited English

Proficient Students’’ in paragraph (1);

Strike ‘‘Director of Educational Services for Limited English

Proficient Children’’ and insert ‘‘Director of English Language AcVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00884 Fmt 6601 Sfmt 6601 E:\HR\OC\A334HR.394 pfrm07 PsN: A334HR
881

quisition, Language Enhancement and Academic Achievement for

Limited English Proficient Students’’ in (2); and Conform to subsection (b).

173. The Senate Amendment, but not the House bill, prohibits

the Secretary from mandating or stopping the use of a particular

curricular or instructional approach to education LEP students.

HR

174. The Senate Amendment, but not the House bill, provides

for national leadership activities.

HR

175. The Senate Amendment, but not the House bill, provides

competitive grants for up to five years, for professional development activities.

HR with an amendment to strike ‘‘bilingual education

teachers’’ and insert ‘‘teachers that serve limited English

proficient students’’ in (b); Strike paragraph (1); Insert the

following language for (4): ‘‘(4) in conjunction with other federal need-based student

financial assistance programs, financial assistance and costs

related to tuition, fees, and books for enrolling in courses required to complete the degree involved, and meet certification

or licensing requirements for teachers that serve limited

English proficient students.’’ 176. The Senate Amendment, but not the House bill, continues

the National Clearinghouse for Bilingual Education.

HR with an amendment to strike the language and insert the following:

(c) NATIONAL CLEARINGHOUSE.—The Secretary shall establish

and support the operation of a National Clearinghouse for English

Language Acquisition and Language Instruction Educational Programs, which shall collect, analyze, synthesize, and disseminate information about second language acquisition programs for limited

English proficient students, and related programs. The National

Clearinghouse shall—

(1) be administered as an adjunct clearinghouse of the

Educational Resources Information Center Clearinghouses system supported by the Office of Educational Research and Improvement;

(2) coordinate activities with federal data and information

clearinghouses and entities operating federal dissemination

networks and systems;

(3) develop a system for improving the operation and effectiveness of federally funded language instruction educational

programs;

(4) collect and disseminate information on—

(A) educational research and processes related to the

education of limited English proficient students; and

(B) accountability systems that monitor the academic

progress of limited English proficient students in language

instruction educational programs, including information on

academic content standards and English language proficiency assessments for language instructional programs;

(5) publish, on an annual basis, a list of grant recipients

under this section.

882

177. No comparable House provision.

HR

178. No comparable House provision.

HR with an amendment to move (2)(A) to the definition

section and to strike (B).

179. No comparable House provision.

HR

180. No comparable House provision.

HR

181. No comparable House provisions.

HR with an amendment to strike the purpose (a)(1), (2),

and (3);

Strike subparagraph (A) and insert: ‘‘(A) IN GENERAL.—The Secretary is authorized to

award grants to eligible entities having applications approved under section 3104 to enable such entities to provide innovative, locally designed, high quality instruction

to children and youth of limited English proficiency, by expanding, developing or strengthening language instruction

educational programs.’’ Strike ‘‘performance’’ and insert ‘‘academic achievement’’ in (2)(i)(I);

Insert ‘‘academic’’ before ‘‘services’’ in (2)(i)(II);

Strike ‘‘career counseling’’ and insert ‘‘vocational and

technical training’’ in (B)(v);

Strike one of the two duplicative (B)(v);

Insert as (B)(ix): ‘‘(ix) acquiring or developing education technology

or instructional materials for limited English proficient students, including materials in languages

other than English, and participation in electronic networks for materials, training, communication, and incorporation of such resources in curricula and programs.’’

LC—renumber original (B)(ix) as (x).

182. No comparable House provisions.

HR with an amendment to:

Strike the purpose (a) and (1)–(3);

Strike (b)(1) Authority, and insert as new (1):

‘‘(1) AUTHORITY.—The Secretary may award grants to eligible entities having applications approved under section 3104 to

enable such entities to develop and implement language instruction educational programs, and improve, reform, or upgrade programs or operations that serve significant percentages or numbers of students of limited English proficiency.’’

Strike ‘‘career counseling’’ and insert ‘‘vocational or

technical training’’ in (3)(D);

Strike ‘‘performance’’ and insert ‘‘academic achievement’’ in (3)(E);

Strike ‘‘such as...education programs’’ in (3)(G) and insert a period after ‘‘proficiency;’’ Strike ‘‘all’’ and ‘‘more than 1 language’’ and insert ‘‘English and other languages’’ after ‘‘in’’ in (3)(I);

Insert as new (3)(J):

883

‘‘(J) acquiring or developing education technology or instructional materials for limited English proficient students,

including materials in languages other than English, and participation in electronic networks for materials, training, communication, and incorporation of such resources in curricula

and programs.’’ LC—re-letter original (3)(J) as (3)(K);

Strike first ‘‘90’’ and insert ‘‘45’’ and strike second ‘‘90’’ and insert ‘‘30’’ and insert ‘‘the beginning of the school year

or after ‘‘not later than’’ in (4);

Insert ‘‘7112, 7113, 7114, 7115’’ in (1)(A)(i) [COVERED

GRANT];

Insert ‘‘to eligible entities’’ after ‘‘award grants’’ in both

(2)(A) and (2)(B)

[Availability].

Insert new (d)(A)–(D):

(d) PRIORITY.—In awarding grants under this section, the Secretary shall give priority to an entity that— ‘‘(A) experiences a significant increase in the number or

percentage of limited English proficient students enrolled in

the applicant’s programs and has limited or no experience in

serving limited English proficient students; ‘‘(B) is a local educational agency that serves a school district that has a total district enrollment that is less than

10,000 students; ‘‘(C) demonstrates that the applicant has a proven track

record of success in helping limited English proficient children

and youth learn English and meet high academic standards; or ‘‘(D) serves a school district with a large number or percentage of limited English proficient students.

‘‘(e) ELIGIBLE ENTITIES ...’’ 183. No comparable House provision.

HR with an amendment to:

Strike ‘‘bilingual’’ and insert ‘‘language instruction educational programs’’ in (1)(D) [IN GENERAL section]; Strike ‘‘with

an advisory . . . whose members are’’ in (2)(B)(ii); Strike ‘‘and fair’’ in (h)(B)(3)(A) and insert ‘‘and’’ after ‘‘valid;’’ Move all of (1) PRIORITY (pg. 78) to Section 3103 (pg. 65), strike ‘‘subpart’’ and insert ‘‘section’’ in (1), strike paragraph (D); and Strike (3) Due Consideration (B).

184. No comparable House provision.

HR with an amendment to strike ‘‘bilingual’’ and insert ‘‘language instruction educational programs’’ in Sec. 3105.

185. No comparable House provision.

HR

186. No comparable House provision.

HR with an amendment to strike ‘‘language groups’’ and

insert ‘‘native languages spoken by student’’ and insert ‘‘socioeconomic status’’ before the ‘‘and’’ in (c)(2); Strike ‘‘performance’’ and insert ‘‘academic achievement’’ in (c)(3).

Report Language:

It is the intent of the Conferees that evaluations submitted to the Secretary under this subpart accurately reflect academic achievement and progress made in develVerDate 11-MAY-2000 22:02 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00887 Fmt 6601 Sfmt 6601 E:\HR\OC\A334HR.395 pfrm07 PsN: A334HR
884

oping and attaining English language proficiency for all students enrolled in a particular language instruction educational program. Consistent with section 3107(c)(2), results

shall be disaggregated by language group and show the

progress made by all students, when applicable.

187. No comparable House provision.

HR

188. No comparable House provision.

HR with an amendment to:

Strike ‘‘bilingual’’ and insert ‘‘language instruction educational programs’’ in Sec. 3221 (a).

Strike ‘‘Office of Bilingual Education and Minority Language Affairs’’ and insert ‘‘Office of English Language Acquisition, Language Enhancement and Academic Achievement

for Limited English Proficient Students’’ in Sec. 3321(c).

189. No comparable House provisions.

HR with an amendment to replace the current Sec. 3122

(b)(3) with the following language:

‘‘(3) may include establishing (through the National Center

for Education Statistics in consultation with experts in second

language acquisition and in scientifically-based research on

teaching LEP students) a common definition of ’limited English

proficient student’ for purposed of national data collection;

and’’

Strike ‘‘bilingual education’’ and insert ‘‘second language acquisition, scientifically-based research on

teaching LEP students,’’ in (b)(4).

Insert ‘‘LEP’’ before ‘‘students or teachers’’ and strike

‘‘into bilingual education’’ and insert ‘‘that serve such students’’, strike the second ‘‘bilingual education’’ and insert

‘‘language instruction educational programs’’ in (c)(1);

Replace the current (2)(d) with the following language:

‘‘(d) CONSULTATION.—The Secretary shall consult with agencies, organizations, and individuals that are engaged in research

and practice on the education of LEP students, language instruction educational programs, or related research, to identify areas of

study and activities to be funded under this section.’’

Strike ‘‘Office of Bilingual Education and Minority Language Affairs’’ and insert ‘‘Office of English Language Acquisition, Language Enhancement and Academic Achievement

for Limited English Proficient Students’’ in Sec. 3122 (a).

190. No comparable House provision.

HR with an amendment to insert ‘‘academic’’ after

‘‘State’’ in (a)(2).

191. No comparable House provision.

HR with an amendment to strike $200,000 and insert

‘‘$100,000’’ in sec. 3124(b).

192. No comparable House provision.

HR with an amendment to strike ‘‘bilingual education’’

and replace with ‘‘language instruction educational programs’’ in sec. 3125 (a), (b)(3), and (b)(4);

Conform (b)(4) to Note 176.

193. No comparable House provision.

885

HR with an amendment to strike ‘‘voluntary national

content standards’’ in (b)(2) and insert ‘‘academic’’ after

‘‘State’’ in (b)(2).

194. No comparable House provision.

HR with an amendment to strike all legislative language

in notes 194–202 and insert:

‘‘SEC. 3131.

PROFESSIONAL DEVELOPMENT.

‘‘(a) PURPOSE.—The purpose of this subpart is to provide assistance to prepare educators to improve the educational services for

limited English proficient children and youth by—

‘‘(1) supporting professional development programs and activities to prepare teachers, pupil service personnel, administrators, and other educational personnel working in language

instruction educational programs to provide effective services

to limited English proficient children and youth;

‘‘(2) incorporating curricula and resources on appropriate

and effective instructional and assessment methodologies specific to limited English proficient students into pre-service and

in-service professional development programs;

‘‘(3) upgrading the qualifications and skills of non-certified

educational personnel, including educational paraprofessionals,

to enable such personnel to meet high professional standards

for educating limited English proficient students;

‘‘(4) improving quality of professional development programs in schools or departments of education at institutions of

higher education, for educational personnel serving or preparing to serve children and youth of limited English proficiency; and

‘‘(5) supporting the recruitment and training of prospective

educational personnel to serve limited English proficient students by providing fellowships for undergraduate, graduate,

doctoral, and post-doctoral study related to the instruction of

such students.

‘‘(b) AUTHORIZATION.—

‘‘(1) IN GENERAL.—The Secretary is authorized to award

grants to institutions of higher education, state educational

agencies, local educational agencies, or a consortium of one or

more local educational agencies, state educational agencies, institutions of higher education, or for profit and nonprofit organizations.

‘‘(2) DURATION.—Each grant awarded under this subpart

shall be awarded for a period of not more than 4 years.

‘‘(c) AUTHORIZED ACTIVITIES.—Grants awarded under this subpart shall be used to conduct high-quality professional development

programs and effective activities and strategies to improve the

quality of instruction and services provided to limited English proficient students, including— ‘‘(1) implementing pre-service and in-service professional

development programs for teachers that serve limited English

proficient students, administrators, and other educational personnel who are preparing to provide educational services for

children and youth of limited English proficiency, including

886

professional development programs that assist limited English

proficient children to attain English proficiency; ‘‘(2) implementing school-based collaborative efforts among

teachers to improve instruction in core academic areas, especially reading, for students of limited English proficiency; ‘‘(3) developing and implementing programs to assist new

teachers who serve limited English proficient students with

transitioning to the teaching profession, including mentoring

and team teaching with trained and experienced teachers; ‘‘(4) implementing programs that support effective teacher

use of education technologies to improve instruction and assessment; ‘‘(5) developing curricular materials and assessments for

teachers that are appropriate to the needs of limited English

proficient students, and that are aligned with state academic

achievement content standards, including materials and assessments that ensure limited English proficient children attain English proficiency; ‘‘(6) integrating and coordinating activities with entities

carrying out other programs consistent with the purposes of

this subsection and supported under this Act, or other Acts as

appropriate; ‘‘(7) developing and implementing career ladder programs

to upgrade the qualifications and skills of non-certified educational personnel working in, or preparing to work in, language instruction educational programs to enable such personnel to meet high professional standards, including standards for certification and licensure as teachers; ‘‘(8) developing and implementing activities to help recruit

and train secondary school students as teachers that serve limited English proficient students; ‘‘(9) providing fellowships and assistance for costs related

to enrollment in a course of study at an institution of higher

education that addresses the instruction of children and youth

of limited English proficiency in such areas as teacher training,

program administration, research, evaluation, and curriculum

development, and for the support of dissertation research related to such study, provided that any person receiving such a

fellowship or assistance shall agree to—

‘‘(A) work in an activity related to the program or in

an activity such as an activity authorized under this subpart, including work as a teacher that serves limited

English proficient students, for a period of time equivalent

to the period of time during which such person receives assistance under this provision; or

‘‘(B) repay such assistance; and

‘‘(10) carrying out such other activities as are consistent

with the purpose of this subpart.

‘‘(d) APPLICATION.— ‘‘(1) IN GENERAL.—Each eligible entity desiring a grant

under this subpart shall submit an application to the Secretary

at such time, in such form, and containing such information as

the Secretary may require. ‘‘(A) CONTENTS.—Each application shall—

887

‘‘(i) describe the programs and activities proposed

to be developed, implemented and administered under

the award; ‘‘(ii) describe how the applicant has consulted

with, and assessed the needs of, public and private

schools serving children and youth of limited English

proficiency to determine such schools’ need for, and

the design of, the program for which funds are sought;

and ‘‘(iii) describe how the activities to be carried out

under the award will be used to ensure limited

English proficient students meet state academic

achievement standards and attain English proficiency.

‘‘(B) SPECIAL RULE.—An eligible entity who proposes

conducting a master’s- or doctoral-level program with

funds applied for under this subpart shall contain an assurance in their application that such program will include, as a part of the program, a training practicum in a

local school program serving children and youth of limited

English proficiency. ‘‘(C) OUTREACH AND TECHNICAL ASSISTANCE.—The Secretary shall provide for outreach and technical assistance

to institutions of higher education eligible for assistance

under title III of the Higher Education Act of 1965 and institutions of higher education that are operated or funded

by the Bureau of Indian Affairs to facilitate the participation of such institutions in activities under this subpart. ‘‘(D) DISTRIBUTION RULE.—In making awards under

this subpart, the Secretary shall ensure adequate representation of Hispanic-serving institutions that demonstrate competence and experience concerning the programs and activities authorized under this subpart and

are otherwise qualified. ‘‘(e) PRIORITIES IN AWARDING GRANTS.—

‘‘(1) PRIORITIES.— ‘‘(A) In awarding grants to state educational agencies

and local educational agencies under this subpart, the Secretary shall give priority to programs and activities designed to implement professional development programs

for teachers and educational personnel who are currently

providing or preparing to provide educational services for

limited English proficient children and youth, including

services provided through language instruction educational

programs, that ensure such children attain English proficiency and meet challenging state academic content and

student academic achievement standards. ‘‘(B) In awarding grants to institutions of higher education under this subpart, the Secretary shall give priority

to institutions who propose programs to recruit and upgrade the qualifications and skills of certified and non-certified educational personnel by offering degree programs

that prepare new teachers to serve limited English proficient students.

‘‘(f) PROGRAM EVALUATIONS.—

888

‘‘(1) IN GENERAL.—Each recipient of awards under this

subpart shall annually conduct an independent evaluation of

the program and submit to the Secretary a report containing

the independent evaluation. Such report shall include information on—

‘‘(A) the programs and activities conducted by the recipient to provide high-quality professional development to

participants of such programs and activities; ‘‘(B) the number of participants served through the

program, the number of participants who completed program requirements, and the number of participants who

took positions in an instructional setting with limited

English proficient students; ‘‘(C) the effectiveness of the program in imparting the

professional skills necessary for participants to achieve the

objectives of the program; and ‘‘(D) the teaching effectiveness of graduates of the program or other participants who have completed the program.’’ 195. No comparable House provision.

HR with an amendment (see note 194).

196. No comparable House provision.

HR with an amendment (see note 194).

197. No comparable House provision.

HR with an amendment (see note 194).

198. No comparable House provision.

HR with an amendment (see note 194).

199. No comparable House provision.

HR with an amendment (see note 194).

200. No comparable House provision.

HR with an amendment (see note 194).

201. No comparable House provision.

HR with an amendment (see note 194).

202. No comparable House provision.

SR

203. No comparable House provision.

HR with an amendment to move to FIE/LIFE

204. No comparable House provision.

HR with an amendment to move to FIE/LIFE

205. No comparable House provision.

HR with an amendment to move to FIE/LIFE

206. No comparable House provision.

HR with an amendment to move to FIE/LIFE

207. No comparable House provision.

HR with an amendment to move to FIE/LIFE (strike language not needed)

208. No comparable House provisions.

HR with an amendment to strike (a) FINDINGS.

209. No comparable House provisions.

HR

210. No comparable House provisions.

HR

211. No comparable House provision.

HR

889

212. No comparable House provision.

HR

213. No comparable House provision.

HR

214. No comparable House provision.

HR with an amendment to strike ‘‘salaries’’ and insert

‘‘support’’ in (a)(2); Strike ‘‘overhead costs, costs of construction, acquisition or rental of space’’ in (a)(5).

215. No comparable House provision.

HR

216. No comparable House provision.

HR with an amendment to strike ‘‘$200,000 for fiscal

year 2001 and such sums as may be necessary for each of

the 6 succeeding fiscal years’’ and insert: ‘‘such sums for fiscal year 2001 and such sums as may be necessary for each

of the 5 succeeding fiscal years.’’

217. No comparable House provision.

HR

218. No comparable House provision.

HR with an amendment to move to Authorized Activities

to subpart 1—Bilingual Education Capacity and Demonstration Grants

219. No comparable House provision.

HR

220. No comparable House provision.

HR

221. No comparable House provision.

SR with an amendment to correspond with note 151.

Insert ‘‘appropriately’’ after ‘‘number of,’’ strike ‘‘bilingual,’’ and strike ‘‘bilingual education teachers’’ and insert

‘‘teachers that serve limited English proficient students’’ in

(d)(3)

222. No comparable House provision.

SR on definition of ‘‘Bilingual Education Program;’’

HR on definition of ‘‘children and youth;’’

SR on definition of ‘‘community-based organization;’’

HR on definition of ‘‘community college;’’

HR with amendment to strike ‘‘Office of Bilingual Education and Minority Languages Affairs’’ and insert ‘‘Office of

English Language Acquisition, Language Enhancement, and

Academic Achievement for Limited English Proficient Students’’ in definition of ‘‘director’’;

HR on definition of ‘‘family education program;’’

SR on definition of (6)(B) ‘‘instruction for higher education and employment;’’

HR on definition of ‘‘immigrant children and youth;’’

SR on definition of ‘‘limited English proficiency and limited English proficient;’’

HR on definition of ‘‘Native American and Native American Language;’’

HR on definition of ‘‘Native Hawaiian or Native American Pacific Islander Native Language Educational Organization;’’

890

HR on definition of ‘‘Native Language’’ (keep with note

162 (pg. 51);

HR with amendment to strike ‘‘Office of Bilingual Education and Minority Languages Affairs’’ and insert ‘‘Office of

English Language Acquisition, Language Enhancement, and

Academic Achievement for Limited English Proficient Students’’ in definition of ‘‘office’’;

SR on definition of ‘‘other programs for persons of limited English proficiency;’’

HR on definition of ‘‘paraprofessional;’’

SR on definition of ‘‘special alternative instructional

program’’

223. No comparable House provision.

Corresponds with notes 13–39.

Title III, Part B—Indian and Alaska Native Education

(New Title VII)

1. The House bill authorizes programs for Indian and Alaska

Native Education. The Senate amendment authorizes programs for

Indian, Native Hawaiian, and Alaska Native Education. The House

bill places these programs in Title III, Part B. The Senate amendment places them in Title VII.

HR/LC for placement.

2. The House bill includes a header referencing Indian and

Alaska Native Education. The Senate amendment references Indian Education. The House bill places programs relating to Indian

education in Title III, Part B, Subpart 1. The Senate amendment

places these programs in Title VII, Part A.

LC

3. Using slightly different language, both the House bill and

the Senate amendment include the same findings.

HR/SR with an amendment to insert the following language:

‘‘STATEMENT OF POLICY

‘‘It is the policy of the United States to fulfill the Federal Government’s unique and continuing trust relationship with and responsibility to the American Indian people for the education of Indian children. The Federal Government will continue to work with

local educational agencies, Indian tribes and organizations, postsecondary institutions, and other entities toward the goal of assuring

that programs that serve Indian children are of the highest quality

and provide for not only the basic elementary and secondary educational needs, but also the unique educational and culturally related academic needs of these children.’’

4. Using slightly different language, both the House bill and

the Senate amendment include the same purposes.

LC

5. Both the House bill and the Senate amendment authorize

formula grants to Local Educational Agencies. The House bill does

this in Chapter 1, the Senate amendment does this in Subpart 1.

LC

891

6. Using slightly different language, both the House bill and

the Senate amendment have the same purposes.

LC

7. The House bill references academic content standards and

State student academic achievement standards. The Senate amendment references State student performance standards.

LC—align with bill—academic achievement standards

8. Using different placement, both the House bill and Senate

amendment provide for grants to LEAs.

LC

9. Using slightly different language, both the House bill and

the Senate amendment describe eligibility requirements.

LC

10. Using slightly different language, both the House bill and

the Senate amendment allow for Indian tribes to apply for grants

in the event that an eligible LEA does not establish a parent committee.

LC

11. Using slightly different language and different references,

both the House bill and the Senate amendment establish criteria

to determine the amount of grants to eligible LEAs. The Senate

amendment but not the House bill references subsection (d)—the

definition of average per pupil expenditure.

LC

12. Using slightly different language, both the House bill and

the Senate amendment provide for a minimum grant amount.

LC

13. Using slightly different language, both the House bill and

the Senate amendment provide the same definitions.

LC

14. Using slightly different language, both the House bill and

the Senate amendment provide the same criteria for grants to

schools supported by the Bureau of Indian Affairs (BIA).

LC

15. Using slightly different language, both the House bill and

the Senate amendment provide for the same application requirements.

HR

16. The House bill allows applications for schoolwide programs

to be approved if they will not diminish culturally related activities. The Senate amendment allows for schoolwide programs if they

enhance culturally related activities.

SR

17. Using slightly different language, both the House bill and

the Senate amendment have the same general criteria for the use

of grant funds.

LC

18. Using slightly different language, both the House bill and

the Senate amendment have similar specific requirements for the

use of grant funds.

LC

19. The House bill refers to State academic content standards

and State academic achievement standards. The Senate amendVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00895 Fmt 6601 Sfmt 6601 E:\HR\OC\A334HR.400 pfrm07 PsN: A334HR
892

ment refers to State content standards and State performance

standards.

LC—need to conform academic achievement standards

20. The House bill references the Perkins Vocational and Technical Education Act of 1998. The Senate amendment references

P.L. 103–239, and P.L. 88–120.

SR

21. The Senate amendment, but not the House bill, specifies

that funds may be used to promote the incorporation of culturally

responsive teaching and learning strategies.

HR

22. The Senate amendment, but not the House bill, specifies

that funds may be used for activities that incorporate American Indian and Alaska Native specific curriculum content.

HR

23. The Senate amendment, but not the House bill, specifies

that funds may be used to promote coordination and collaboration

between tribal, Federal, and State public schools.

SR

24. Using slightly different language, both the House bill and

the Senate amendment allow LEAs to use funds to support

schoolwide programs.

LC

25. Using slightly different language, both the House bill and

the Senate amendment limit the use of funds by a grantee for administrative purposes to five percent of the funds received.

LC

26. Using slightly different language, both the House bill and

the Senate amendment provide for LEAs receiving formula grants

under this Title to combine federal funds received to serve Indian

students into a comprehensive program to serve such students.

LC

27. Using slightly different language, both the House bill and

the Senate amendment require LEAs that want to participate to

submit a plan to the Secretary.

SR

28. Using slightly different language, both the House bill and

the Senate amendment require the Secretary to authorize the applicant to consolidate programs upon receipt of an acceptable plan.

HR

29. Using slightly different language, both the House bill and

the Senate amendment set forth criteria for commingling of funds.

LC

30. Using slightly different language, both the House bill and

the Senate amendment list the same requirements for an acceptable plan.

LC

31. The Senate amendment but not the House bill requires

consultation with the House Committee on Resources and the Senate Committee on Indian Affairs.

SR

32. Using slightly different language, both the House bill and

the Senate amendment require coordination among federal agencies, which provide funds effected under the LEA’s plan.

893

LC

33. Using slightly different language, both the House bill and

the Senate amendment set forth the responsibilities of federal

agencies under this section, as well as criteria for determining the

lead agency for the purposes of this section.

SR

34. Using slightly different language, both the House bill and

the Senate amendment list information that the applicant is required to report to the Secretary.

SR

35. Using slightly different language, both the House bill and

the Senate amendment prohibit reduction in funding received by

applicants, authorize interagency fund transfers, set forth administrative requirements for participating LEAs, allow for simplified

record keeping for participating LEAs, allow for the commingling

of administrative funds, and allow the Secretary and the lead agency to safeguard federal funds pursuant to the Single Audit Act.

LC—to check references to other acts

36. Using slightly different Language, both the House bill and

the Senate amendment require the Secretary of Education to report

on obstacles to program integration to the relevant congressional

committees. The House bill and the Senate amendment requires

the reports to be made to the Senate Health, Education, Labor, and

Pensions committee, and to the House Committee on Education

and the Workforce. In addition, the Senate amendment requires reports to be made to the Senate Committee on Indian Affairs.

HR

37. Using slightly different language, both the House bill and

the Senate amendment define the term ‘‘Secretary’’ for purposes of

this section.

SR

38. Using slightly different language, both the House bill and

the Senate amendment set forth information that must be included

on student eligibility forms.

HR

39. Using slightly different language, both the House bill and

the Senate amendment set forth the same criteria for the Secretary

to conduct monitoring and evaluation reviews, compute grant

awards for BIA funded schools, and establish the timing of child

counts.

LC

40. Using slightly different language, both the House bill and

the Senate amendment set forth the same criteria regarding notification of payments, payments taken into account by a State in determination of State aid, and maintenance of effort.

LC

41. The Senate amendment refers to ‘‘the year’’, while the

House bill refers to the ‘‘preceding year’’.

SR

42. See note 41.

SR

43. Using slightly different language, both the House bill and

the Senate amendment provide the same requirements for State review of applications.

894

LC

44. Both the House bill and the Senate amendment authorize

special programs and projects to improve educational opportunities

for Indian children. These activities are authorized under Chapter

2 in the House bill and Subpart 2 in the Senate amendment.

LC

45. Using slightly different language, both the House bill and

the Senate amendment set forth the same purposes.

LC

46. Using slightly different language, both the House bill and

the Senate amendment list the same eligible entities.

HR

47. Both the House bill and the Senate amendment authorize

the same activities.

HR with an amendment to strike ‘‘secondary school’’ and insert ‘‘high school’’ in (E).

48. The House bill refers to career preparation programs, while

the Senate amendment refers to school-to-work transition programs.

SR

49. Using slightly different language, both the House bill and

the Senate amendment authorize grants for professional development. The Senate amendment refers to pre-service or in-service

training, while the House bill refers to professional development.

SR

50. Using slightly different language, both the House bill and

the Senate amendment set forth the same grant and application requirements.

LC

51. Using different language, both the House bill and the Senate amendment require that material to be disseminated: (1) be

adequately reviewed; (2) have demonstrated educational merit; and

(3) has the ability to be replicated.

HR

52. The Senate amendment refers to scientifically based research, while the Senate amendment refers to research-based programs.

HR with an amendment to insert ‘‘where applicable’’

after ‘‘research program’’ in (iii).

53. Using slightly different language, both the House bill and

the Senate amendment limit the use of funds for administrative

purposes to five percent of the funds received.

LC

54. Using slightly different language, both the House bill and

the Senate amendment authorize grants for professional development.

SR

55. Both the House bill and the Senate amendment set forth

the same purposes.

SR

56. Using different wording, both the House bill and the Senate amendment designate institutions of higher education, State

and local educational agencies, and Indian tribes or organizations

as eligible entities. The House bill specifies that Indian tribes or orVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00898 Fmt 6601 Sfmt 6601 E:\HR\OC\A334HR.402 pfrm07 PsN: A334HR
895

ganizations are eligible in consortium with institutions of higher

education. The Senate amendment defines ‘‘eligible entity’’ to mean

a consortium of: (1) an SEA or LEA; (2) an institution of higher

education (including an Indian institution of higher education); or

(3) an Indian tribe or organization.

SR with an amendment to insert ‘‘a BIA funded school’’ as new House (4).

57. Using slightly different language, both the House bill and

the Senate amendment authorize the Secretary to award grants to

eligible entities.

LC

58. Using slightly different language, both the House bill and

the Senate amendment authorize the same activities, set forth the

same application requirements, place the same requirements on eligible entities and individuals trained under the program, and set

forth the same reporting requirements.

LC

59. The Senate amendment, but not the House bill authorizes

a specific program for in-service training for teachers of Indian

children.

HR with amendment to move to national activities and

delete any findings or separate authorizations of appropriations.

60. The Senate amendment, but not the House bill, maintains

an authorization for fellowships for Indian students. This provision

is currently unfunded.

HR with an amendment to move to national activities

and delete any findings or separate authorizations of appropriations.

61. The Senate amendment, but not the House bill, maintains

an authorization of a program for gifted and talented Indian students. This authorization is currently unfunded.

HR with an amendment to move to national activities

and delete any findings or separate authorizations of appropriations.

62. The Senate amendment, but not the House bill, maintains

an authorization of a program to provide grants to tribes for administrative planning and development. This authorization is currently unfunded.

HR with an amendment to move to national activities

and delete any findings or separate authorizations of appropriations.

63. The Senate amendment, but not the House bill, maintains

an authorization for a program related to adult education for Indians. This authorization is currently unfunded.

HR with an amendment to move to national activities

and delete any findings or separate authorizations of appropriations.

64. Using slightly different language, both the House bill and

the Senate amendment authorize the use of funds for research activities related to the education of Indian children and adults. The

House bill authorizes these activities in Chapter 3. The Senate

amendment places them in Subpart 4.

LC

896

65. The Senate amendment but not the House bill limits the

amount of funds that can be used for administrative expenses to

not more than 5 percent of the grant or contract.

SR

66. Both the House bill and the Senate amendment authorize

the National Advisory Council in Indian Education (NACIE). The

House bill does this in Chapter 4. The Senate amendment does so

in Subpart 5.

LC

67. Using almost identical language, both the House bill and

the Senate amendment set forth membership criteria and duties

for the Council.

LC

68. Using different language, both the House bill and the Senate amendment provide for peer review of applications, preferences

for certain Indian applicants, and minimum grant criteria.

LC

69. Both the House bill and the Senate amendment provide

definitions and authorizations of appropriations. The House bill

does so in Chapter 5. The Senate amendment does so in Subpart

6.

LC

70. Both the House bill and the Senate amendment provide

identical definitions of ‘‘adult’’, ‘‘free public education’’, and ‘‘Indian’’.

SR

71. The House bill authorizes $100,000,000 million for Chapter

1 for FY 2002, and such sums for each of fiscal years 2003 through

2006. The Senate amendment authorizes $93,300,000 for FY 2002,

and such sums for each of the six succeeding fiscal years.

SR with an amendment to Strike $100,000,000 and insert

$96,400,000.

72. The House bill authorizes $25,000,000 for Chapters 2 and

3 for FY 2002, and such sums for FY 2003 through 2006. The Senate amendment authorizes $20,000,000 for Subparts 2 through 4

for FY 2002, and such sums for each of the six succeeding fiscal

years.

SR with an amendment to Strike $25,000,000 and insert

$24,000,000.

73. The House bill but not the Senate amendment includes a

savings provision.

SR

74. The Senate amendment, but not the House bill, continues

programs to supplement educational programs for Native Hawaiians.

HR with an amendment accept Senate language on findings; Move Native Hawaiian Council language to allowable

uses of funds; Insert ‘‘including program co-location’’ after

‘‘activities,’’ in Sec. 7205 (a)(3)(I); and to strike section 7205

(a)(3)(L) (construction).

75. The Senate amendment, but not the House bill, authorizes

$300,000 for FY 2002 and such sums as necessary for Native Hawaiian education councils.

897

HR with an amendment to make Native Hawaiian education councils an authorized activity with funding set

aside of $500,000 per year.

76. The Senate amendment, but not the House bill, authorizes

$35,000,000 for FY 2002, and such sums as necessary for the succeeding six fiscal years, for programs to supplement the education

of Native Hawaiians.

HR with an amendment—Strike ‘‘$35,000,000’’ so that it

is ‘‘such sums for FY 2002, and each of the succeeding six

fiscal years’’, and insert a provision such that $500,000 is reserved to fund Native Hawaiian education councils.

77. Both the House bill and the Senate amendment authorize

programs to supplement the education of Alaska Natives. The

House bill authorizes these programs under Subpart 2. The Senate

amendment authorizes them under Part C.

LC

78. Both the House bill and the Senate amendment provide the

same short title.

LC

79. Using slightly different language, both the House bill and

the Senate amendment have the same findings.

HR

80. Using slightly different language, both the House bill and

the Senate amendment have the same purposes.

LC

81. Both the House bill and the Senate amendment authorize

the Secretary to make grants or enter into contracts.

HR

82. Both the House bill and the Senate amendment list permissible activities. The House bill includes the development of plans,

the development of curricula and educational programs, professional development of educators, the development and operation of

home instruction programs, family literacy services, the development and operation of enrichment programs in science and math,

research and data collection, and other research and evaluation activities. In addition, the Senate amendment lists parenting education, cultural education programs, cultural exchange programs

activities carried out through the Even Start program, other early

learning and preschool programs, dropout prevention programs, an

Alaska initiative for community engagement, career preparation

activities, and operational support and construction funding as permissible activities.

HR

83. Using slightly different language, both the House bill and

the Senate amendment limit the amount of grants that can be

spent on administrative costs to five percent.

LC

84. The Senate amendment but not the House bill requires the

Secretary to give priority to applications from Alaska Native regional nonprofit organizations or consortia that include Alaska Native nonprofit organizations when awarding grants for permissible

activities listed under subsection (a)(2). The Senate amendment

further exempts funds earmarked for certain permissible activities

from this provision.

898

HR

85. The House bill authorizes the appropriation of $15,000,000

for FY 2002, and such sums as necessary for FY 2003 through FY

2006 to carry out this part. The Senate amendment authorizes

$35,000,000 million for FY 2002 and such sums as necessary for

each of the six succeeding fiscal years to carry out this section (see

note 80).

HR with an amendment to strike ‘‘$35,000,000’’ and insert such sums as necessary.

86. The Senate amendment but not the House bill directs the

Secretary to make available $1 million annually for each of the following activities: (1) parenting education; (2) cultural education

programs; and (3) cultural exchange programs. The Senate amendment further directs the Secretary to make available annually $2

million for each of the following activities: (1) dropout prevention

programs; and (2) an Alaska Native Initiative for Community Engagement program.

HR

87. Using slightly different language, both the House bill and

the Senate amendment provide administrative provisions including

application requirements, requirements for consultation with representatives of the Alaska Native community, and coordination

with local educational agencies.

LC

88. Using slightly different language, both the House bill and

the Senate amendment provide the same definitions of ‘‘Alaska Native’’, and ‘‘Alaska Native Organization’’.

LC

89. The House bill but not the Senate amendment includes a

savings provision.

SR

90. The Senate amendment, but not the House bill, includes

conforming amendments.

LC

91. The Senate amendment but not the House bill contains a

new Part D, entitled ‘‘Educational, Cultural, Apprenticeship and

Exchange Programs for Alaska Natives, Native Hawaiians and

Their Historical Whaling and Trading Partners in Massachusetts’’.

HR with an amendment to move to the Life Fund.

92. The Senate amendment but not the House bill contains

findings.

HR with an amendment to move to the Life Fund.

93. The Senate amendment but not the House bill establishes

the purpose of the program.

HR with an amendment to move to the Life Fund.

94. The Senate amendment but not the House bill authorizes

the Secretary to make grants or enter into contracts, and lists eligible entities.

HR with an amendment to move to the Life Fund.

95. The Senate amendment but not the House bill lists permissible activities.

HR with an amendment to move to the Life Fund.

899

96. The Senate amendment but not the House bill authorizes

the appropriation of $10 million for FY 2002, and such sums as

necessary for each of the 6 succeeding fiscal years.

SR with an amendment for one allowable use under single authorization for Life Fund.

97. The Senate amendment but not the House bill requires the Secretary to make available $2 million for the New Bedford Whaling Museum, $2 million for the Inupiat Heritage Center, $1 million

each for the Alaska Native Heritage Center, the Bishop Museum,

and the Peabody—Essex Museum to carry out permissible activi- ties under this part, and $1 million each for the Alaska Native

Heritage Center, the Bishop Museum, and the Peabody—Essex

Museum for internship and apprenticeship programs.

HR with an amendment to move to the Life Fund.

98. The Senate amendment but not the House bill provides application requirements and requires coordination with Local Educational Agencies.

HR with an amendment to move to the Life Fund.

Title III, Part B—BIA Indians

(New Title X, Part D)

1. The Senate Amendment, but not the House bill includes a

short Title for its amendments.

HR

2. The Senate amendment, but not the House bill, includes a

reference to the Federal government’s unique and continuing trust

relationship with the Indian people.

SR

3. The House bill, but not the Senate Amendment refers to the

responsibility for the operation of BIA schools as solely the Federal

Governments.

HR/SR

4. Using similar language, both the House bill and the Senate

amendment have a statement of policy. The Senate amendment,

but not the House bill, references the basic elementary and secondary educational needs of Indian children.

HR with an amendment to strike all of Senate (b) Policy

and insert in its place the following language:

‘‘It is the policy of the United States to fulfill the Federal Government’s unique and continuing trust relationship with and responsibility to the Indian people for the education of Indian children and for the operation and financial support of the Bureau of

Indian Affairs funded school system to work in full cooperation

with tribes toward the goal of assuring that the programs of the

Bureau of Indian Affairs funded school system are of the highest

quality and provide for the basic elementary and secondary educational needs of Indian children, including meeting the unique

educational and cultural needs of these children.’’

5. The Senate Amendment refers to accreditation while the

House bill refers to accreditation standards.

HR

6. The Senate Amendment, but not the House bill, includes a

declaration of purpose.

900

HR with an amendment to strike all of Senate (B).

7. The House bill, but not the Senate amendment, requires

that the Secretary carry out studies and surveys to establish and

revise standards through a contract with an Indian organization.

HR

8. The House bill, but not the Senate amendment, requires the

Secretary to revise Bureau academic standards.

HR

9. The House bill, but not the Senate amendment requires the

Secretary to provide alternative standards to ensure compliance

with minimum accreditation standards for the State or region of a

school.

HR

10. The House bill, but not the Senate amendment, allows tribal governing bodies to waive Bureau standards under certain circumstances.

HR

11. The House bill allows Bureau schools to meet standards or

be accredited not later than the 2nd academic year after publication of the standards, while the Senate amendment requires accreditation 12 months after the date of enactment.

HR with an amendment to strike ‘‘12’’ and insert ‘‘24’’. 12. The House bill allows for accreditation by a tribal accrediting agency if the standards used by that agency are equal to, or

exceed standards of the accreditor for the State or region in which

the school is located. The Senate amendment allows for tribal accreditation if such accreditation is certified by a State or accepted

by a regional accreditor. The Senate amendment further allows a

tribal government to select the State accreditor if its reservation is

located in more than one State.

SR with an amendment to strike ‘‘are equal . . . is located;’’ in (A) and insert ‘‘such accreditation is acknowledged by a generally recognized State certification or regional accrediting agency;’’

Insert Senate (iv) as a new House (D).

Report language to read as follows:

Section (i) concerning tribal accreditation clarifies the

conferee’s intent that accreditation standards developed by

tribal accrediting bodies are recognized by State or regional

accrediting agencies. It is the purpose of this section to

have Bureau-funded schools develop standards that are

equal to or exceed the accreditation standards of a State or

regional accrediting agency, chosen by the school board in

conjunction with the tribal governing body. The accreditation agency should recognize that tribal departments of

education are more experienced in developing standards of

accreditation for Indian schools and their children. These

accreditation standards take into account the unique cultural barriers that exist for Indian children and the conditions needed for them to achieve their educational goals.

13. The Senate amendment but not the House bill requires the

Secretary of Interior, in conjunction with the Secretary of Education, to study and report on the feasibility of establishing a National Tribal Accrediting Agency. The report is to be made to the

901

appropriate committees of Congress within 12 months of the date

of enactment.

HR with an amendment to insert as new (B) the following language: ‘‘(B) FEASIBILITY STUDY.—Not later than 12 months after

the date of enactment of the Native American Education Improvement Act of 2001, the Secretary of the Interior and the

Secretary of Education shall, in consultation with Indian

tribes, Indian education organizations, and accrediting agencies, develop and submit to the appropriate Committees of Congress a report on the desirability and feasibility of establishing

a tribal accreditation agency that would serve to review and

acknowledge the accreditation standards for Bureau funded

schools and that would establish accreditation procedures to facilitate the application, review of the standards and review

processes, and recognition of qualified and credible tribal departments of education as accrediting bodies serving tribal

schools.’’ 14. The House bill, but not the Senate amendment, refers to

standards.

HR

15. The House bill provides that assistance may be given to

contract or grant schools in implementing bureau standards, upon

request. The Senate Amendment provides that assistance may be

given to Bureau funded schools to obtain accreditation. Such assistance can be provided through a number of entities.

HR

16. The Senate amendment, but not the House bill, provides

that Bureau standards shall apply while accreditation is being

sought.

HR

17. The Senate Amendment, but not the House bill, provides

that the Secretary issue a report on unaccredited Bureau funded

schools 90 days after the end of each school year.

HR with an amendment to insert ‘‘the Committee on

Education and the Workforce’’ after ‘‘the Committees on Appropriations,’’ and to insert ‘‘the HELP Committee’’ before

‘‘of the Senate’’ in (5).

18. The Senate amendment, but not the House bill, provides

schools with the opportunity to present evidence prior to being included in the report.

HR

19. The Senate amendment, but not the House bill requires

schools included in the annual report to develop a school plan to

obtain accreditation.

HR

20. The Senate amendment, but not the House bill, requires

the Secretary to take corrective action against a Bureau school if

they fail to obtain accreditation.

HR with an amendment to strike all language and insert

the following:

‘‘(8) CORRECTIVE ACTION.— ‘‘(A) DEFINITION.—In this subsection, the term ‘corrective action’ means action that—

902

‘‘(i) substantially and directly responds to— ‘‘(I) the failure of a school to achieve accreditation; and ‘‘(II) any underlying staffing, curriculum, or

other programmatic problem in the school that

contributed to the lack of accreditation; and

‘‘(ii) is designed to increase substantially the likelihood that the school will be accredited.

‘‘(B) CORRECTIVE ACTION INAPPLICABLE.—The Secretary shall grant a waiver to any school that— (i) is identified in the report described in paragraph (5)(C); and s

(ii) fails to be accredited for reasons that are beyond the control of the school board, as determined by

the Secretary. Reasons that are beyond the control of

the school board include, but are not limited to, significant decline in financial resources, the poor condition of facilities, vehicles or other property, or a natural disaster. Such a waiver shall exempt such school

from any or all of the requirements of this paragraph

and paragraph (7), but such school shall be required

to comply with the standards contained in part 36 of

title 25, Code of Federal Register, as in effect on the

date of enactment of the [Native American Education

Improvement Act of 2001].

‘‘(C) DUTIES OF SECRETARY.—After providing assistance to a school under paragraph (3), the Secretary shall— ‘‘(i) annually review the progress of the school

under the applicable school plan, to determine whether the school is meeting, or making adequate progress

towards, achieving the goals described in paragraph

(7)(A)(v) with respect to reaccredidation or becoming a

candidate for accreditation; ‘‘(ii) except as provided in subparagraph (B), continue to provide assistance while implementing the

school’s plan, and, if determined appropriate by the

Secretary, take corrective action with respect to the

school if it fails to be accredited at the end of the third

year of the school’s plan;

‘‘(iii) promptly notify the parents of children enrolled in the school of the option to transfer their child

to another public or Bureau funded school;

‘‘(iv) provide all students enrolled in the school

with the option to transfer to another public or Bureau

funded school, including a public charter school, that

is accredited; and

‘‘(v) provide, or pay for the provision of, transportation for each student described in clause (iv) to the

school described in clause (iv) to which the student

elects to be transferred to the extent funds are available as determined by the tribal governing body.

‘‘(D) FAILURE OF SCHOOL PLAN.—With respect to a Bureau operated school that fails to be accredited at the end

of the 3-year period during which the school’s plan is in efVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00906 Fmt 6601 Sfmt 6601 E:\HR\OC\A334HR.406 pfrm07 PsN: A334HR
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fect under paragraph (7), the Secretary may take 1 or

more of the following corrective actions:

‘‘(i) Institute and fully implement actions suggested by the accrediting agency.

‘‘(ii) Consult with the tribe involved to determine

the causes for the lack of accreditation including potential staffing and administrative changes that are or

may be necessary.

‘‘(iii) Set aside a certain amount of funds that may

only be used by the school to obtain accreditation.

‘‘(iv)(I) Provide the tribe with a 60-day period in

which to determine whether the tribe desires to operate the school as a contract or grant school, before

meeting the accreditation requirements in section

5207 of the Tribally Controlled Schools Act, at the beginning of the next school year following the determination to take corrective action. If the tribe agrees

to operate the school as a contract or grant school, the

tribe shall prepare a plan, pursuant to paragraph (7),

for approval by the Secretary in accordance with paragraph (7), to achieve accreditation.

‘‘(II) If the tribe declines to assume control of the

school, the Secretary, in consultation with the tribe,

may contract with an outside entity, consistent with

applicable law, or appoint a receiver or trustee to operate and administer the affairs of the school until the

school is accredited. The outside entity, receiver or

trustee shall prepare a plan, pursuant to paragraph

(7), for approval by the Secretary in accordance with

paragraph (7).

‘‘(III) Upon accreditation of the school, the Secretary shall allow the tribe to continue to operate the

school as a grant or contract school, or if being controlled by an outside entity, provide the tribe with the

option to assume operation of the school as a contract

school, in accordance with the Indian Self Determination Act, or as a grant school in accordance with the

Tribally Controlled Schools Act, at the beginning of

the school year following the school year in which the

school obtains accreditation. If the tribe declines, the

Secretary may allow the outside entity, receiver or

trustee to continue the operation of the school or reassume control of the school.

‘‘(E) FAILURE OF SCHOOL PLAN OF CONTRACT OR GRANT

SCHOOL.

‘‘(i) CORRECTIVE ACTION.—With respect to a contract or grant school that fails to be accredited at the

end of the 3-year period during which the school’s plan

is in effect under paragraph (7), the Secretary may

take 1 or more of the corrective actions described in

(D)(i) through (iii). The Secretary shall implement

such corrective action for at least 1 year prior to taking any action described in clause (ii).

904

‘‘(ii) OUTSIDE ENTITY.—If the corrective action described in clause (i) does not result in accreditation of

the school, the Secretary, in conjunction with the tribal governing body, may contract with an outside entity

to operate the school in order to achieve accreditation

of the school within 2 school years. Prior to any such

contract, the Secretary shall develop a proposal for

such operation which shall include, at a minimum, the

following elements: ‘‘(I) the identification of 1 or more outside entities which has demonstrated to the Secretary its

ability to develop a satisfactory plan for achieving

accreditation, and which is willing and available

to undertake such plan; and ‘‘(II) a plan for implementing operation of the

school by such outside entity, including the methodology for oversight and evaluation of the performance of such outside entity by the Secretary

and the tribe.

‘‘(iii) PROPOSAL AMENDMENTS.—The tribal governing body shall have 60 days to amend the proposal

described in clause (ii), including identifying another

outside entity to operate the school. The Secretary

shall reach agreement with the tribal governing body

on the proposal and any such amendments to such

proposal within 30 days of the expiration of the 60 day

period described in the preceding sentence. After the

approval of such proposal and any such amendments,

the Secretary, with continuing consultation with such

tribal governing body, shall implement such proposal. ‘‘(iv) ACCREDITATION.—Upon accreditation of the

school, the tribe shall have the option to assume the

operation and administration of the school as a contract school after complying with the Indian Self Determination Act, or as a grant school, after complying

with the Tribally Controlled Schools Act, at the beginning of the school year following the year in which the

school obtains accreditation.

‘‘(v) RETROCEDE.—Nothing in this subparagraph

shall limit a tribe’s right to retrocede operation of a

school to the Secretary pursuant to Sec. 105(e) of the

Indian Self-Determination Act (with respect to a contract school) or Sec. 5204(f) of the Tribally Controlled

Schools Act (with respect to a grant school).

(vi) CONSISTENT.—The provisions of this subparagraph shall be construed consistent with the provisions of the Tribally Controlled Schools Act and the

Indian Self Determination Act as in effect on the date

of enactment of the Native American Education Improvement Act of 2001, and shall not be construed as

expanding the authority of the Secretary under any

other law.

‘‘(F) HEARING.—With respect to a school that is operated pursuant to a grant, or a school that is operated

905

under a contract under the Indian Self Determination Act,

prior to implementing any corrective action under this

paragraph, the Secretary shall provide notice and an opportunity for a hearing to the affected school pursuant to

section 5207 of the Tribally Controlled Schools Act.’’

Report Language:

It is not the intent of the Conferees to broaden the authority

of the Secretary of the Interior provided under the Indian Self Determination Act. However, nothing is intended to prevent this Act

from being implemented as set forth in the Conference report. It

is also the intent of this Act that prior to revoking an eligibility of

determination and ceasing funding of a school, the Secretary shall

exhaust all remedies stated in the Act and take any actions necessary to keep the school operational. The Conferees intend that

the Secretary work with the affected tribe, consistent with the Federal policies of Indian self-determination, including, if necessary,

temporarily assuming the operation and administration of a school

that fails to become accredited for reasons that are not beyond the

control of the school until the school becomes accredited and to

eliminate impediments to achieving accreditation, including addressing underlying staffing, curriculum, or other programmatic

problems in the school.

Section 1121(b)(8)(E) authorizes the Secretary to contract with

an outside entity in cases where a contract or grant school has not

achieved accreditation after the implementation of a school plan

and corrective actions. While this section does not require the Secretary to contract with an outside entity, it is the intention of the

Conferees to provide the Secretary with the discretion to contract

with an outside entity in a case where both the school plan and

any corrective action taken have not caused the school to gain accreditation. The Conferees do not intend to require the Secretary

to contract with an outside entity if accreditation of the school can

be gained through application of corrective actions.

With respect to public school choice:

The Conferees intend tribal governing bodies or school

boards to establish reasonable parameters on the distance

the school to which the child wishes to transfer is from the

originating school. The Conferees do not intend this public

school choice provision to provide an option to transfer to

any school irrespective of the distance or costs associated

with travel to such school.

21. The Senate amendment, but not the House bill, states that

nothing in this section alters or otherwise affects the rights, remedies, and procedures afforded to school employees.

HR

22. The House bill, but not the Senate amendment, requires

the Secretary to establish consistent reporting standards for fiscal

control and fund accounting.

SR

23. Using similar language, both the House bill and the Senate

amendment require the Secretary to implement Bureau academic

standards and accreditation standards.

LC

906

24. Using similar language, both the House bill and the Senate

amendments contain certain prohibitions related to the closure of

BIA funded schools.

HR

25. Using similar language, both the House bill and the Senate

amendment require the Secretary to promulgate regulations for the

closure, transfer, consolidation, or substantial curtailment of BIA

schools.

LC

26. Using similar language, both the House bill and the Senate

amendment require notification for the reason for closure. The

House bill requires notification to the local school board of a closure

6-months prior to the end of the school year.

LC

27. Using similar language, both the House bill and the Senate

amendment require reports whenever a Bureau funded school is

closed, transferred to another authority, or its program is actively

curtailed.

LC

28. Both the House bill and the Senate amendment prohibit actions to close, transfer authority over, consolidate or substantially

curtail Bureau funded schools until the end of the full first academic year after a negative report is made. The House bill refers

to irrevocable action while the Senate amendment refers to irreversible action.

SR

29. Using similar language, both the House bill but and the

Senate amendment allow the closure of a Bureau funded school or

school program operated after January 1, 1999, or a school board

operated under a grant with the approval of a tribal governing

body.

LC

30. Using similar language, both the House bill and the Senate

amendment establish the factors to be used in reviewing applications for schools that are not Bureau funded or for the expansion

of a Bureau funded school.

LC

31. Both the House bill and the Senate amendment require the

Secretary to make a determination with respect to an application

within 180 after submission, and treats the application as approved

if the Secretary takes no negative action within that time.

LC

32. Using similar language, both the House bill and the Senate

amendment sets forth requirements for applications.

LC

33. Using similar language, both the House bill and the Senate

amendment set forth requirements on the Secretary for disapproval

of applications. If an application is disapproved, the Secretary must

state objections in writing, provide assistance to the applicant to

overcome the objections, and provide the applicant with a hearing.

HR

34. Using similar language, both the House bill and the Senate

amendment set forth timeframes for successful applications to go

into effect.

907

LC

35. The House bill but not the Senate amendment requires

maintenance on privately funded expansions to be paid for with

non-Bureau funds.

HR/SR to insert the following language for (6): ‘‘STATUTORY ADMINISTRATION.—Nothing in this section or

any other provision of law, shall be construed to preclude the

expansion of grades and related facilities at a Bureau funded

school, if such expansion is paid for with non-Bureau funds.

Subject to the availability of appropriated funds the Secretary

is authorized to provide the necessary funds needed to supplement the cost of operations and maintenance of such expansion.’’ 36. The Senate amendment but not the House bill requires

funds provided to be apportioned and retained at the schools.

HR

37. Using similar language, both the House bill and the Senate

amendment allow all federal funds received for educational or related services to be used for schoolwide projects.

LC

38. Using different language, the House bill and the Senate

amendment require the Comptroller General, in consultation with

Indian tribes and school boards, to study and report on the adequacy of funding and formulas used for the funding of Bureau

funded schools.

SR with amendment to strike the first paragraph of the

House language and insert the following in its place: ‘‘(1) STUDY.—The Comptroller General of the United States

shall conduct a study to determine the adequacy of funding,

and formulas used by the Bureau to determine funding, for

programs operated by Bureau funded schools, taking into account unique circumstances applicable to Bureau funded

schools. The study shall analyze existing information gathered

and contained in germane studies that have been conducted or

are currently being conducted in regards to Bureau funded

schools.’’

39. Both the House bill and the Senate amendment require the

Secretary to revise standards for home-living situations. The House

bill, but not the Senate amendment, requires consultation. In addition, the House bill requires that such criteria serve as minimum

standards.

LC

40. Using identical language, both the House bill and the Senate amendment require the Secretary to implement these standards immediately upon their issuance.

LC

41. Using different language, both the House bill and the Senate amendment require the Secretary, at the time of each budget

submission, to submit a plan to bring all Bureau funded schools

providing home-living situations into compliance with the home-living standards developed under this section. Both the House bill

and the Senate amendment provide for the same information to be

reported.

SR

908

LC—consistent throughout part (no budget reference).

42. The House bill allows for the waiver of home-living standards in the same manner as a tribal governing body may waive accreditation standards. The Senate amendment allows for the waiver of home-living standards under certain criteria.

HR

43. Using similar language, both the House bill and the Senate

amendment prohibit the Secretary from closing Bureau funded

schools for failure to meet home-living standards. The House bill

references schools in operation prior to January 1, 1987, while the

Senate amendment references schools in operation prior to July 1,

1999.

HR

44. The House bill, but not the Senate amendment codifies regulations under Part 32 of Title 25 of the Code of Federal Regulations (CFR). The House bill further defines regulations.

SR on (a); LC on (b) for placement.

45. Using slightly different language, both the House bill and

the Senate amendment require the Secretary to establish geographical attendance area for Bureau schools, and allows tribal

governing bodies to establish such boundaries in the event that

more than one tribe occupies a geographical area.

LC

46. Using different language, both the House bill and the Senate amendment prohibit the Secretary from revising attendance

without the consent of tribal governing bodies unless certain criteria are met. The House bill references July 1, 2001. The Senate

bill references July 1, 1999. Both the House bill and the Senate

amendment allow tribal governing bodies to petition the Secretary

for boundary changes.

SR

47. Using slightly different language, both the House bill and

the Senate amendment allow parents the choice of Bureau funded

schools, regardless of geographic boundaries, if the tribal governing

body approves a resolution allowing such choice.

LC

48. Using slightly different language, both the House bill and

the Senate amendment require the Secretary to provide funding for

eligible Indian child to attend a Bureau funded school regardless

of whether they reside within the geographical attendance area. In

addition, both deny funding for transportation of such children unless authorized by the tribal governing body.

LC

49. Using slightly different language, both the House bill and

the Senate amendment require that the geographical attendance

area be co-terminous with the boundaries of the reservation, in the

event that a single school serves a reservation.

LC

50. Using different language, both the House bill and the Senate amendment require schools with home-living situations to accommodate students requiring special emphasis programs, regardless of geographic boundaries, and requires coordination among interested parties.

LC

909

51. The Senate amendment, but not the House bill, requires

the General Accounting Office (GAO) to conduct a study of the

physical needs of facilities at Bureau funded schools. This study

makes comparisons with school funded by the Department of Defense, and must be submitted to the relevant committees of Congress within two years of the date of enactment.

HR with an amendment to insert ‘‘accurate,’’ before ‘‘relevant’’ in (2)(B); insert ‘‘and the HELP Committee’’ before ‘‘of the Senate’’ in (4); also in (4), end the sentence after ‘‘Secretary’’ and strike ‘‘who, in turn’’ and insert ‘‘The Secretary’’. 52. The Senate amendment but not the House bill requires the

Secretary to establish a negotiated rule making committee to compile a catalog of the condition of Bureau funded schools and a

school construction and replacement report. These reports must be

submitted to the relevant Congressional committees and other entities not later than 24 months after establishment of the negotiated

rulemaking committee.

HR with an amendment on placement.

LC—place in over all negotiators provisions.

53. The Senate amendment but not the House bill requires the

Secretary to develop a facilities information systems support database to maintain and update information contained in the facilities

reports. The system is to be updated every 3 years, monitored by

the GAO, and the information is to be made available to Bureau

funded schools and other interested parties, and to Congress.

HR

54. Using slightly different language, both the House bill and

the Senate amendment require the Secretary to bring Bureau funded school facilities into compliance with health and safety codes.

The House bill references the ‘‘No Child Left Behind Act of 2001’’, while the Senate amendment references the ‘‘Native American

Education Improvement Act of 2001’’. LC

55. Using almost identical language, both the House bill and

the Senate amendment require the Secretary to submit a plan to

bring all Bureau funded education facilities into compliance with

health and safety standards. Such plan must be submitted to the

appropriate committees of Congress at the time of the annual

budget request.

LC

56. Using similar language, both the House bill and the Senate

amendment require the Secretary to establish and publicly report

the system used to establish priorities for the replacement and construction of Bureau funded schools. Both the House bill and the

Senate amendment further require the establishment of a long

term plan for construction and replacement of Bureau schools.

LC

57. Using similar language, both the House bill and the Senate

amendment allow for the closure or consolidation of Bureau funded

schools in the event of conditions that threaten health and safety.

In addition, the Senate amendment requires that the Bureau

health and safety officer and an individual designated by the Tribe

determine that such conditions exist.

910

HR with an amendment to strike ‘‘and’’ and insert ‘‘or’’

in (A);

Insert a new (iv): ‘‘be designated at the beginning of the

school year.’’ in (B).

58. Both the House bill and the Senate amendment require inspection of the facility by two individuals to determine if a health

or safety hazard requires a facilities closure. The House bill requires the Bureau officer to be accompanied by an appropriate tribal, county, municipal, or State health or safety officer. The Senate

amendment requires an individual designated by the tribe. The

House bill further requires the inspection to occur within 30 days

after the finding of the hazard. The House bill prohibits further

negative action unless both inspectors concur that a health or safety threat exists. The Senate amendment provides for different action in the case of non-concurrence.

HR with an amendment to strike ‘‘In’’ and insert ‘‘After’’

before ‘‘making’’; and insert ‘‘Such inspection shall be completed as soon as possible but in no case later than 20 days

after the date on which the action described in paragraph

(1) is taken.’’ as the last sentence in (C).

59. The Senate amendment, but not the House bill, require notification of the tribal governing body in the case that the two inspectors do not concur (see note 56).

HR

60. The Senate amendment but not the House bill requires the

tribal governing body to make the determination regarding closure

or curtailment in the case that 2 health and safety inspectors do

not concur (see note 58).

HR

61. The House bill requires that consolidation or curtailment

immediately halt, or that the facility be reopened if the Bureau

health and safety inspector does not find conditions present an immediate health or safety hazard. The Senate amendment requires

that if the inspectors agree that a health or safety condition exists,

or if the tribal governing body makes such a determination, that

the facility shall be closed immediately.

HR with an amendment to insert House (B) to end of

Senate (F) as new (1).

62. Both the House bill and the Senate amendment require

that in the event of a closure or curtailment that will exceed 1

year, the Secretary shall issue a report to Congress. The House bill

requires the report within 6 months, while the Senate amendment

requires the report within 3 months. The Senate amendment also

requires the report to go to other interested parties, requires more

reporting elements, and outline steps that the effected school, designated school board, or tribal governing body may take to continue

its program during the closure.

HR

63. The Senate amendment, but not the House bill, requires

that all funds allocated for operations or maintenance be distributed under a formula, and prohibits these funds from being used

for administrative purposes by the Bureau.

HR

911

64. Using different language, both the House bill and the Senate amendment prohibit the Secretary from withholding funds for

maintenance, facilities or roads without the consent of the school.

LC

65. Using slightly different language both the House bill and

the Senate amendment prohibit any reduction in federal facilities

funding due to the receipt of facilities funding from a State or other

source.

LC

66. Using slightly separate language, both the House bill and

the Senate amendment require the Secretary to vest in the Assistant Secretary for Indian Affairs all functions with respect to the

formulation and establishment of policy and procedure to carry out

Indian education programs.

LC

67. Using slightly different language, both the House bill and

the Senate amendment require the transfer of all personnel directly and substantially involved in the provision of Indian education programs to the Office of Indian Education Programs. The

transfer is to occur within 6 months of the date of enactment, and

is to be overseen by the Assistant Secretary for Indian Affairs.

HR

68. The Senate amendment but not the House bill subjects all

functions related to education that are located at the Area or Agency level and carried out by an education line-officer to contracting

under the Indian Self-Determination and Education Assistance Act,

unless the Secretary determines the function to be inherently a federal function.

HR with an amendment to strike ‘‘section 1139(9)’’ and

insert ‘‘section 1139(11).

69. Both the House bill and the Senate amendment set forth

the same responsibilities for personnel under the direction of the

Office of Indian Education Programs.

LC

70. Using slightly different language, both the House bill and

the Senate amendment require an annual plan for the construction,

improvement, operation and maintenance of facilities to be submitted annually with the budget.

LC

71. Using similar language, both the House bill and the Senate

amendment require the Assistant Secretary to establish procedures

for the uniform upkeep of Bureau funded education facilities. The

Senate amendment further requires the Assistant Secretary to hold

a series of meetings to receive comment.

LC

72. Using similar language, both the House bill and the Senate

amendment set forth criteria for the implementation of maintenance.

LC

73. Using identical language, both the House bill and the Senate amendment require the implementation of this provision as

soon as practicable after the date of enactment.

LC

912

74. Using similar language, both the House bill and the Senate

amendment require the Director to develop mechanisms and guidelines for the acceptance and use of gifts and bequests to benefit

particular schools or education programs. The Senate Amendment

exempts gifts below $5000 from these guidelines.

HR

75. Using similar language, both the House bill and the Senate

amendment clarify the use of the term function for the purposes of

this section.

LC

76. Using similar language, both the House bill and the Senate

amendment require the Secretary to establish a formula for determining the minimum annual funding required to sustain each Bureau funded school. The House bill and the Senate amendment require the Secretary to consider the same criteria, except that the

Senate amendment adds funding to comply with accreditation

standards to the list.

LC

77. Using similar language, both the House bill and the Senate

amendment require the Secretary to revise the funding formula to

take into account revisions in academic and accreditation standards.

HR

78. The House bill and Senate Amendment allow the Secretary

to consider other factors, but the Senate Amendment includes the

GAO study and comparing BIA schools to DOD schools.

SR

79. Using similar language, both the House bill and the Senate

amendment require a revision of the formula established in this

subsection to reflect the revision of standards.

SR

80. Both the House bill and the Senate amendment require the

pro rata distribution of general local operational funds to Bureau

funded schools.

LC

81. Using similar language, both the House bill and the Senate

amendment establish the same formula for the distribution of Bureau funds.

SR

82. Both the House bill and the Senate amendment allow

school boards to reserve funds for certain purposes. The Senate

amendment, but not the House bill requires agency school boards

to provide training for new school board members and recommends,

but doesn’t require training for tribal governing bodies that operate

as school boards.

HR

83. Using similar language, both the House bill and the Senate

amendment provide for the reservation of funds for emergencies.

LC

84. Using similar language, both the House bill and the Senate

amendment provide for the distribution of supplemental appropriations.

LC

913

85. Using similar language, both the House bill and the Senate

amendment define ‘‘eligible Indian student’’. The Senate amendment, but not the House bill, defines an eligible Indian student as

a student who is enrolled in a BIA funded school.

HR

86. Using similar language, both the House bill and the Senate

amendment set forth criteria under which a Bureau school can

charge tuition, and circumstances under which a non-Indian student can attend a Bureau school.

LC

87. Using almost identical language, both the House bill and

the Senate amendment allow not more than 15 percent of funding

under this section to remain available without fiscal year limitation.

LC

88. Using similar language, both the House bill and the Senate

amendment provide funding for students at the Richfield Dormitory. The Senate amendment prohibits the payment of administrative costs associated with the instruction of these students.

HR

89. Using similar language, both the House bill and the Senate

amendment provide a formula for the payment of administrative

cost grants for both direct and indirect costs. The House bill, but

not the Senate amendment, subjects the grants to the availability

of appropriated funds.

SR

90. Using different placement, both the House bill and the Senate amendment contain specific criteria for the payment of administrative cost grants (see note 91).

LC

91. Using different placement, both the House bill and the Senate amendment contain specific criteria for the payment of administrative cost grants (see note 90).

LC

92. Using similar language, both the House bill and the Senate

amendment provide for no reduction in amounts received by grant

or contract schools, and provide for a determination of the grant

amount.

LC

93. The Senate amendment, but not the House bill, provides

that funding shall be ratably reduced in the event of insufficient

appropriations. The House bill has a similar provision under authorization of appropriations (see note 98).

LC

94. Using similar language, both the House bill and the Senate

amendment provide an administrative cost percentage rate.

LC

95. Using similar language, both the House bill and the Senate

amendment have provisions relating to the use and treatment of

funds.

LC

96. The Senate Amendment references section 106 of ISDEAA,

while the House bill references section 105 of ISDEAA.

HR

914

97. The House bill, but not the Senate amendment, requires

the director to conduct a study to ensure that administrative cost

grants will be based on criteria that ensure adequate but not excessive funding.

SR

98. Both the House bill and the Senate amendment authorize

such sums as are necessary for the payment of administrative cost

grants under this section. In addition, the House bill provides for

the ratable reduction of funds in the event appropriations are insufficient. The Senate has a similar provision earlier in the section

(see note 93).

LC

99. Using different language, both the House bill and the Senate amendment apply the provisions of this section (administrative

cost grants) to schools receiving assistance under the Tribally Controlled Schools Act of 1988.

LC

100. The Senate amendment, but not the House bill, requires

the Secretary to request full funding for administrative cost grants

in budget submissions on an annual basis beginning with the

President’s budget request for fiscal year 2002.

HR with an amendment to insert ‘‘at the discretion of

the Secretary,’’ before ‘‘the Secretary shall submit’’.

101. Using similar language, both the House bill and the Senate amendment require the Assistant Secretary to establish within

the Office of Indian Education Programs a Division of Budget Analysis. The Division is to report on projected amounts necessary to

provide educational programs in Bureau funded schools.

LC

102. Using similar language, both the House bill and the Senate amendment establish the timing of the availability of Bureau

education funds to schools.

HR

103. The House bill requires the Secretary to publish the allotment of 85 percent of allocated funds for schools not later than July

1 of each fiscal year. The Senate amendment requires the Secretary

to publish the allotments of 80 percent of such funds.

HR

104. The House bill requires the Secretary to publish the allotment of the remaining 15 percent of such funds, adjusted to reflect

actual student attendance not later than September 30. The Senate

amendment includes a similar provision, requiring the publication

of the remaining 20 percent of funds, and sets forth a timeline for

the return of over awards.

HR

105. Using similar language, both the House bill and the Senate amendment allow the supervisor of a Bureau funded school to

expend an aggregate amount of not more than $50,000 per year to

acquire materials, supplies, equipment, services, operation, and

maintenance without competitive bidding, and sets forth criteria

under which this authority may be exercised.

HR with and amendment to insert ‘‘operated’’ after ‘‘Bureau’’ in paragraph (3)(A).

915

106. The House bill, but not the Senate amendment, sets forth

procedures in the event of a sequestration of funds.

SR

LC to update references.

107. Using similar language, both the House bill and the Senate amendment require Bureau operated schools to develop a financial plan and expend federal funds in accordance with that plan.

The House bill refers to all Bureau operated schools, which the

Senate amendment refers to each Bureau school which receives an

allotment under section 1126.

LC

108. The Senate amendment, but not the House bill requires

financial plans to comply with all applicable Federal and tribal

laws.

HR

109. The House bill, but not the Senate amendment, prohibits

funds received for self-determination grants under the Indian SelfDetermination and Education Assistance Act from being used for

technical education and training in the field of education by the

Bureau, unless expended under a plan agreed to by the tribe or

tribes affected.

HR

110. Using different language, both the House bill and the Senate amendment allow funds to be expended for tribal divisions of

education and development of tribal codes of education. The House

bill references section 104 of the ISDEAA while the Senate amendment references section 103 of such Act.

HR

111. Using similar language, both the House bill and the Senate amendment allow the Secretary to supply technical assistance

and training at the request of a local school board.

LC

112. Using similar language, both the House bill and the Senate amendment provide for summer programs of instruction and

set forth criteria under which they may be provided.

LC

113. Using similar language, both the House bill and the Senate amendment allow for cooperative agreements between Bureau

funded schools and local public school districts, and set forth criteria under which they may be entered into.

HR

114. Using identical language, both the House bill and the Senate amendment allow a student to keep the product or result of a

project in which the student participated and sets forth criteria

under which this may occur.

LC

115. Using different language, both the House bill and the Senate amendment exempt funds received by Bureau funded schools

under this part from being considered federal funds if used to meet

matching funds requirements of other federal programs. In addition, the Senate amendment exempts Bureau funded schools from

such requirements, and prohibits the entity administering the program from considering the exemption when awarding such grants.

HR with an amendment to strike paragraph (2).

916

116. Using similar language, both the House bill and the Senate amendment set forth a federal policy of facilitating Indian control in all affairs relating to Indian education, requires consultation

with tribes, and sets forth requirements for such consultation.

HR

117. Using similar language, both the House bill and the Senate amendment set forth requirements for the hiring and employment of Indian education personnel.

LC

118. The House bill, but not the Senate amendment, requires

that a list of qualified and interviewed applicants be maintained in

the Office of Indian Education Programs of applicants that have

applied at the national level and that are interested in working

anywhere within the United States.

HR

119. The House bill requires that before an individual may be

employed in an education position in the Office of the Director, the

national boards representing all Bureau schools must be consulted.

The Senate amendment requires that all employment decisions be

in compliance with applicable federal, State, and tribal laws.

HR

120. Using different language, both the House bill and the Senate amendment require that applicants at the local level state

whether they have applied at the national level, and allows for discipline or discharge in the event of a false statement.

LC

121. The Senate amendment but not the House bill sets forth

procedures for the appeal of employment decisions.

HR

122. Using similar language, both the House bill and the Senate amendment set forth procedures in the event that the adoption

of new rates of pay lead to increases.

LC

123. The House bill but not the Senate amendment sets forth

procedures for determination of pay rates based on merit and advancement, and preclude such adjustments from effecting certain

individuals employed on October 1, 1979.

LC on placement.

124. Both the House bill and the Senate amendment allow the

Secretary to pay a post-differential rate not to exceed 25 percent

if warranted by conditions of environment or work, and set forth

provisions under which post-differential pay may be granted.

LC

125. Using similar language, both the House bill and the Senate amendment sets forth provisions for the supervisor of a school

to grant differential pay.

HR

126. Using similar language, both the House bill and the Senate amendment provide for the liquidation of remaining leave upon

termination and the transfer of sick leave upon transfer, promotion, or reemployment.

LC

127. Using similar language, both the House bill and the Senate amendment provide that an educator that voluntarily termiVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00920 Fmt 6601 Sfmt 6601 E:\HR\OC\A334HR.414 pfrm07 PsN: A334HR
917

nates employment before the expiration of a contract is ineligible

for reemployment in another post prior to the expiration of the

term of the contract.

LC

128. Using similar language, both the House bill and the Senate amendment set forth terms and conditions for dual compensation of educators, the acceptance of voluntary services, proration of

pay, lump sum payments of salary, the payment of stipends, and

the applicability of this section to individual employees based on

employment status as of October 31, 1979.

LC

129. The House bill provides for definitions. The Senate

amendment provides definitions using different placement.

SR

LC on placement

130. The Senate amendment, but not the House bill puts certain restrictions on furloughs without consent, and provides for stipends for instructors that become certified by the National Board

on Professional Teaching Standards.

HR

LC to conform (r) with resolution of note 294 in Title II.

131. Using slightly different language, both the House bill and

the Senate amendment require the Secretary to establish a computerized information system within the Office of Indian Education

Programs. The House bill requires its establishment not later than

July 1, 2003, while the Senate amendment requires establishment

not later than 12 months from the date of enactment. Both require

maintenance of the same information.

HR

132. The House bill requires implementation in Bureau field

offices and Bureau funded schools not later than July 1, 2004,

while the Senate amendment requires such implementation not

later than July 1, 2003.

HR

133. The House bill but not the Senate amendment requires

the Secretary to cause various divisions of the Bureau to formulate

uniform procedures and practices with respect to education functions and to report them to Congress.

HR

134. Using almost identical language, both the House bill and

the Senate amendment requires the Secretary to implement a policy for the recruitment of Indian educators.

LC

135. Using almost identical language, both the House bill and

the Senate amendment require the Secretary to report on the state

of education within the Bureau. The House requires this report on

a biennial basis, while the Senate amendment requires an annual

report.

HR

136. Using different language, both the House bill and the Senate amendment require plans required under this Act to be submitted to Congress with the budget request. The House bill also requires the submission of information on funds provided to preVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00921 Fmt 6601 Sfmt 6601 E:\HR\OC\A334HR.415 pfrm07 PsN: A334HR
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viously private schools and the needs and costs of maintenance for

Tribally Controlled Community Colleges.

HR

137. Using slightly different language, both the House bill and

the Senate amendment require the Inspector General ensure financial and compliance audits of each Bureau school at least once

every 3 years.

LC

138. The Senate amendment but not the House bill requires

the Director to conduct a comprehensive evaluation of Bureau operated schools every 3 to 5 years.

HR

139. Using slightly different language, both the House bill and

the Senate amendment require the Secretary to prescribe regulations to ensure the constitutional and civil rights of Indian students, and prohibit the Secretary from promulgating unless they

are necessary to ensure compliance with specific provisions of this

Act. The House bill requires a comment period of at least 90 days

on such regulations while the Senate amendment requires a comment of at least 120 days. Using different placement, both the

House bill and the Senate amendment require regulations issued

to cite specific legal authority. In addition, the House bill states

that this Act shall supercede any conflicting provision of law.

SR with an amendment to strike ‘‘90’’ and insert ‘‘120’’.

140. Using different language, both the House bill and the Senate amendment require negotiated rulemaking and public comment

prior to publishing proposed regulations.

HR with an amendment to strike Senate (c)(2) and insert House (b)(2) in its place and apply 18 month deadline

to House language.

141. Both the House bill and the Senate amendment require

meetings to comply with the Federal Advisory Committee Act.

LC

142. The Senate amendment but not the House bill authorizes

appropriations for negotiated rule making, provide that provisions

under this section supercede conflicting provisions of law, and prohibit the Secretary from modifying regulations promulgated under

this section only in accordance with this section.

HR with an amendment to strike paragraph (4) and insert the following language:

‘‘(4) SPECIAL RULE.—The Secretary shall carry out this section using the general administrative funds of the Department

of the Interior. In accordance with subchapter III of chapter 5

of title 5, United States Code, and section 7(d) of the Federal

Advisory Committee Act, payment of costs associated with negotiated rulemaking shall include the reasonable expenses of

committee members.’’

And to include (d)(1) and (2) striking ‘‘provisions of law

(including any conflicting’’.

143. Using almost identical language, both the House bill and

the Senate amendment authorize early childhood development programs.

LC

919

144. The House bill authorizes $10 million for FY 2002, and

such sums as are necessary for fiscal years 2003 through 2006 for

early childhood development programs. The Senate amendment authorizes such sums as may be necessary for fiscal years 2002

through 2006.

HR

145. Using different language, both the House bill and the Senate amendment allow grants for the development and operation of

tribal departments and divisions of education.

HR

146. The House bill but not the Senate amendment allows

funds to be used to comply with regulations under section 103(a)

of the Indian Self-Determination and Educational Assistance Act.

HR

147. Both the House bill and the Senate amendment set forth

different priorities for grants.

HR

148. Both the House bill and the Senate amendment authorize

$2 million for FY 2002 and such sums as necessary for FY 2003

through 2006 for tribal departments or divisions of education.

LC

149. Using similar language, both the House bill and the Senate amendment contain similar definitions.

LC

150. The Senate amendment but not the House bill defines the

term ‘‘complementary educational facilities.’’ HR

151. The Senate amendment, but not the House bill, defines ‘‘Director.’’ HR

152. The House bill but not the Senate amendment defines the

term ‘‘family literacy service.’’ SR

153. The Senate amendment but not the House bill defines the

term ‘‘inherently Federal functions.’’

HR

154. The Senate bill but not the House amendment defines the

term ‘‘regulation.’’

HR with an amendment to insert the following language:

‘‘(15) REGULATION.—

‘‘(A) IN GENERAL.—The term ‘‘regulation’’ means any

part of a statement of general or particular applicability of

the Secretary designed to carry out, interpret, or prescribe

law or policy in carrying out this Act.

‘‘(B) RULE OF CONSTRUCTION.—Nothing in the definition contained in subparagraph (A), or any other provision

of this title, shall be construed to prohibit the Secretary

from issuing guidance, internal directive or other documents similar to the documents found in the Indian Affairs

Manual (Bureau of Indian Affairs).’’ 155. Both the House bill and the Senate amendment amend

the Tribally Controlled Schools Act of 1988.

LC

920

156. Using similar language, both the House bill and the Senate amendment have identical findings.

HR/SR to eliminate findings and with an amendment to

insert the following language:

‘‘DECLARATION OF POLICY

‘‘(a) RECOGNITION.—Congress recognizes that the Indian SelfDetermination and Education Assistance Act, which was a product

of the legitimate aspirations and a recognition of the inherent authority of Indian nations, was and is a crucial positive step towards

tribal and community control and that the United States has an

obligation to assure maximum Indian participation in the direction

of educational services so as to render the persons administering

such services and the services themselves more responsive to the

needs and desires of Indian communities. ‘‘(b) COMMITMENT.—Congress declares its commitment to the

maintenance of the Federal Government’s unique and continuing

trust relationship with and responsibility to the Indian people for

the education of Indian children through the establishment of a

meaningful Indian self-determination policy for education that will

deter further perpetuation of Federal bureaucratic domination of

programs. ‘‘(c) NATIONAL GOAL.—Congress declares that a national goal of

the United States is to provide the resources, processes, and structure that will enable tribes and local communities to obtain the

quantity and quality of educational services and opportunities that

will permit Indian children— ‘‘(1) to compete and excel in areas of their choice; and

‘‘(2) to achieve the measure of self-determination essential

to their social and economic well-being.

‘‘(d) EDUCATIONAL NEEDS.—Congress affirms— ‘‘(1) true self-determination in any society of people is dependent upon an educational process that will ensure the development of qualified people to fulfill meaningful leadership

roles;

‘‘(2) the special and unique educational needs of Indian

people, including the need for programs to meet the linguistic

and cultural aspirations of Indian tribes and communities; and

‘‘(3) that the needs may best be met through a grant process.

‘‘(e) FEDERAL RELATIONS.—Congress declares a commitment to

the policies described in this section and support, to the full extent

of congressional responsibility, for Federal relations with the Indian nations.’’

157. Using similar language, both the House bill and the Senate amendment have the same declaration of policy.

HR with an amendment (see language from note 156).

158. Using similar language, both the House bill and the Senate amendment provide for grants to Indian tribes and tribal organizations for school operations.

LC

159. The Senate amendment, but not the House bill, waives

the Tort Claims Act for programs operated by a tribally controlled

school if the program is not funded by a federal agency.

921

SR

160. Using almost identical language, both the House bill and

the Senate amendment provide for federal funds to be included in

the grant.

LC

161. Using similar language, both the House bill and the Senate amendment set forth accounting provisions for funds used for

improvement or repair, alteration or renovation health or safety, or

new construction. The Senate amendment, but not the House bill,

sets out various requirements for construction and facilities improvement projects.

HR with an amendment to insert the following language

at the end of (A): ‘‘Upon completion of a project for which

a separate account is established under this paragraph, the

portion of the grant related to such project may be closed

out upon agreement by the grantee and the Secretary.’’

162. Using almost identical language, both the House bill and

the Senate amendment set forth application procedures and processes for grant schools.

LC

163. The Senate amendment, but not the House bill, requires

the application to be approved by the tribal governing body.

SR

164. The Senate amendment, but not the House bill, states

that nothing in this subsection shall be construed as making a

tribe act as a surety for a grantee, and attempts to clarify that existing surety requirements are not required.

SR

165. Using similar language, both the House bill and the Senate amendment sets forth criteria under which schools eligible to

be grant schools remain eligible and criteria under which grant status may be revoked.

LC

166. The Senate amendment, but not the House bill, requires

a biennial compliance audit.

HR with an agreement to insert the following Report

Language:

Report Language:

In establishing the requirements for the biennial compliance audit, the Conferees expect the Secretary, through

regulation, to establish a reasonable threshold that would

exempt purchases of less than $5000 for this audit.

167. The Senate amendment, but not the House bill, requires

the school seeking accreditation to remain under the standards of

the Bureau until the school is accredited.

HR with an agreement to insert the following Report

Language:

Report Language:

In determining which circumstances are under the control of the school board, the Conferees intend that circumstances such as insufficient funding for school programs, inability to recruit certified teachers and administrators, and facilities that do not meet accreditation standVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00925 Fmt 6601 Sfmt 6601 E:\HR\OC\A334HR.417 pfrm07 PsN: A334HR
922

ards shall not be considered within the control of the school

board.

168. The Senate amendment, but not the House bill, states

that a positive assessment by an impartial evaluator shall not affect a revocation of a determination of eligibility.

HR

169. The Senate amendment, but not the House bill, provides

a hearing upon request of the school or governing body.

HR

170. Using similar language, both the House bill and the Senate amendment set forth payment criteria.

LC

171. The House bill requires that a first payment be made to

schools not later than July 15 of each year, in an amount equal to

85 percent of the amount to be received for the year. The Senate

amendment requires that the payment be made not later than July

1 of each year in an amount equal to 80 percent of the amount the

grantee is eligible to receive for the year. Both the House bill and

the Senate amendment require that the remainder be paid not

later than December 1 of each year.

LC for consistency.

172. The Senate amendment, but not the House bill, provides

for the return of excess funds.

HR

173. The Senate amendment, but not the House bill, prohibits

states from taking into account assistance made under this part

and provides for penalties in the event that they do.

SR

174. Using almost identical language, both the House bill and

the Senate amendment apply certain provisions of the Indian SelfDetermination and Education Assistance Act to schools funded

under this part, allow schools to elect to be grant rather than contract schools, and provide for carryovers and transfers.

LC

175. The Senate amendment requires an election to take effect

on the 1st day of July following the election. The House bill requires an election to take effect on October 1 of the fiscal year succeeding the fiscal year in which the election is made or 60 days

after the election.

HR

176. The Senate amendment, but not the House bill, provides

that any tribe or tribal organization that assumes operation of a

Bureau school as a grant school shall be eligible for facilities improvement.

HR

177. Using almost identical language, both the House bill and

the Senate amendment set forth the role of the Director, sets forth

the Secretary’s ability to issue regulations, and provides for the establishment of endowment programs funded with non-federal

funds.

LC

178. The House bill, but not the Senate amendment, states

that regulations shall not have the standing of Federal statute for

the purposes of judicial review.

923

HR

179. Using almost identical language, both the House bill and

the Senate amendment set forth Definitions.

LC

180. The Senate amendment but not the House bill provides a

definition of the term ‘‘Indian.’’ HR

181. The Senate amendment but not the House bill provides a

definition of the term ‘‘tribal governing body.’’ HR

182. The Senate amendment but not the House bill allows the

Ojibwa Indian School to use funds received under this Act to enter

into a lease agreement with Saint Ann’s Catholic Church.

HR

183. The Senate amendment but not the House bill amends the

Augustine F. Hawkins—Robert T. Stafford Elementary and Secondary to prohibit the Secretary from disqualifying certain individuals from continued receipt of general assistance payments under

certain circumstances.

HR

184. The House bill but not the Senate amendment places certain limitations on reductions of administrative funds to the Bureau for failure to meet accountability provisions contained in the

No Child Left Behind Act of 2001.

HR

Title IV, Part A—Innovative Programs (Block Grant)

(New Title V, Part A)

1. House bill ‘‘Innovative Programs’’ is Part A of Title IV. Senate amendment ‘‘Innovative Education Program Strategies’’ is Subpart 4 of Part B of Title V.

LC

2. House bill, but not Senate amendment, contains findings.

HR

3. Senate amendment, but not House bill, includes support for

local reform efforts that are consistent with and support statewide

reform efforts.

HR

4. Similar provision except that House bill, but not Senate

amendment, mentions school improvement initiatives based on scientifically based research.

SR

5. Identical provision.

LC

6. House bill, but not Senate amendment, mentions the need

to meet the educational needs of all students, including youth atrisk.

SR

7. Senate amendment, but not House bill, includes support for

programs to improve school, student, and teacher performance, including professional development activities and class size reduction.

HR

924

8. Similar provision except that House bill refers to ‘State’

while Senate amendment refers to ‘State educational agency’ (this

continues throughout each bill).

HR

9. Virtually identical provisions.

LC

10. Similar provisions.

SR with an amendment to insert the following language:

‘‘SEC. 4112. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES.

‘‘(a) DISTRIBUTION RULE.—

‘‘(1) ALLOCATION OF BASE AMOUNTS.—From the amount

made available to the State under this subpart for fiscal year

2002, and from the amount made available to the State for any

succeeding fiscal year up to the amount available for fiscal

year 2002, the State educational agency shall distribute not

less than 85 percent to local educational agencies within such

State according to the relative enrollments in public and private, nonprofit schools within the jurisdictions of such agencies, adjusted, in accordance with criteria approved by the Secretary, to provide higher per-pupil allocations to local educational agencies that have the greatest numbers or percentages of children whose education imposes a higher than average cost per child, such as—

‘‘(A) children living in areas with high concentrations

of economically disadvantaged families;

‘‘(B) children from economically disadvantaged families; and

‘‘(C) children living in sparsely populated areas.’’

11. House bill, but not Senate amendment, requires that 100%

of funds above the FY 01 level be distributed to LEAs for local innovative assistance programs.

SR with an amendment to insert the following language:

‘‘(2) ALLOCATIONS OF INCREASED AMOUNTS.—From the

amount made available to the State under this subpart for any

fiscal year that exceeds the amount made available for fiscal

year 2002, the State educational agency shall distribute the

following percentages to local educational agencies on the same

basis as funds are allocated under paragraph (1):

‘‘(A) At least 50 percent in the case of a State receiving

the minimum allocation under section 4111(b); and

‘‘(B) 100 percent in all other cases.’’

12. House bill limits State administrative funds at 25% of

State share. Senate amendment limits State administrative funds

a 15% of State share.

HR

13. Virtually identical provisions.

SR with an amendment to strike ‘‘State’’ and insert

‘‘State educational agency’’ each place it occurs; LC to continue this change throughout this Part.

14. Virtually identical provisions.

LC

15. Similar provisions.

LC

925

16. Senate amendment, but not House bill, includes support for

effective schools programs.

SR

17. Senate amendment, but not House bill, allows States to use

funds to design and implement high-quality yearly student assessments.

HR

18. Senate amendment, but not House bill, allows States to use

funds to support implementation of State and local standards.

HR

19. Identical provision.

LC

20. House bill stipulates that if a State seeks to receive assistance under this subpart, the individual, entity, or agency responsible for public elementary and secondary education policy under

the State constitution or State law shall submit to the Secretary

an application. Senate amendment requires the State to submit an

application.

HR

21. Senate amendment, but not House bill, designates the

State educational agency as the State agency responsible for administration and supervision of programs assisted under this subpart

HR

22. House bill requires an annual summary of how assistance

is contributing toward improving student achievement. Senate

amendment requires a biannual submission of data on the use of

funds, services, and students served.

SR

23. Similar provisions.

LC

24. House bill describes the annual statewide summary (required in (a)(1) above). Senate amendment contains no such description of the biannual submission of data (required in (b)(2)

above).

SR with amendment to insert ‘‘annually’’ after the word

‘‘submitted’’.

25. Identical provision.

LC

26. House bill specifies that an LEA may not be audited more

than once every 5 years if its average grant is less than $5,000.

Senate amendment specifies that an LEA that receives an average

grant of less than $10,000 for 3 fiscal years may not be audited

more than once every 5 years.

HR

27. Similar provision.

LC

28. Similar use of funds regarding teachers and professional

development.

HR/SR with amendment to insert the following combined language:

‘‘(1) programs to recruit, train, and hire highly qualified

teachers to reduce class size, especially in the early grades,

and professional development activities carried out in accordVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00929 Fmt 6601 Sfmt 6601 E:\HR\OC\A334HR.420 pfrm07 PsN: A334HR
926

ance with Title II, that give teachers, principals, and administrators the knowledge and skills to provide students with the

opportunity to meet challenging State or local academic content standards and student academic achievement standards;’’ 29. Similar use of funds regarding technology activities.

HR

30. Similar use of funds regarding acquisition of instructional

and educational materials, including library services.

SR

31. House bill, but not Senate amendment, contains use of

funds regarding promising education reform projects.

SR with an amendment to strike ‘‘effective schools and’’. 32. Similar use of funds regarding programs to improve the

academic performance of educationally disadvantaged students.

HR

33. House bill provides for programs to combat illiteracy. Senate amendment provides for programs to improve the literacy skills

of adults.

HR

34. Identical provision.

LC

35. House bill, but not Senate amendment, provides for programs for the planning, designing, and initial implementation of

charter schools.

SR

36. Identical provision.

LC

37. House bill, but not Senate amendment, provides for community service programs that use qualified school personnel to

train and mobilize young people to measurably strengthen their

communities.

SR

38. Identical provision.

LC with an amendment to include the following report

language:

The conferees recognize that entrepreneurial education

has largely been absent from current educational curriculums. In light of the rapidly changing economy and emphasis on new technologies, the conferees note that it is increasingly important to stimulate entrepreneurial thinking

and the consideration at an early age of business ownership

as a viable option. The conferees agree that encouraging the

distribution of innovative entrepreneurial education programs that teach basic business skills and the development

of sound business plans to secondary school age students is

essential to expanding future opportunities and prosperity.

39. House bill, but not Senate amendment, provides for activities to promote, implement, or expand public school choice.

SR

40. House bill, but not Senate amendment, provides for programs to hire and support school nurses.

SR

41. House bill, but not Senate amendment, provides for programs to expand and improve school-based mental health services.

927

SR

42. House bill, but not Senate amendment, provides for alternative educational programs for those students who have been expelled or suspended from their regular educational setting.

SR

43. House bill, but not Senate amendment, provides for programs to establish or enhance pre-kindergarten programs for children ages 3 through 5.

SR with an amendment to strike ‘‘ages 3 through 5’’.

44. House bill, but not Senate amendment, provides for academic intervention programs that are operated jointly with community-based organizations.

SR

45. House bill, but not Senate amendment, provides for CPR

training in schools.

SR

46. House bill, but not Senate amendment, provides for programs to establish smaller learning communities.

SR

47. Senate amendment, but not House bill, provides for activities that encourage and expand improvements throughout the LEA.

HR with an amendment to strike ‘‘performance’’ and insert ‘‘academic achievement’’.

48. Senate amendment, but not House bill, provides for initiatives to generate, maintain, and strengthen parental and community involvement.

HR with an amendment to strike ‘‘including initiatives

. . . birth through 5’’.

49. Senate amendment, but not House bill, provides for programs and activities that expand learning opportunities through

best practice models.

HR

50. Senate amendment, but not House bill, provides for programs to provide same gender schools and classrooms.

HR

51. Senate amendment, but not House bill, provides for service

learning activities.

HR

52. Senate amendment, but not House bill, provides for school

safety programs.

HR

53. Senate amendment, but not House bill, provides for programs that employ research-based cognitive and perceptual development approaches and rely on a diagnostic-prescriptive model to

improve students’ learning of academic content.

HR

54. Senate amendment, but not House bill, provides for supplemental educational services.

HR

55. Senate amendment, but not House bill, requires local innovative assistance programs to be tied to promoting high academic

standards, used to improve student performance, and be part of an

overall education reform strategy.

928

HR with an amendment to insert ‘‘achievement’’ before

‘‘standards’’ in (A) and strike ‘‘performance’’ and insert ‘‘academic achievement’’ in (B).

56. Senate amendment, but not House bill, requires the Secretary to issue guidelines for LEAs.

HR with an amendment to strike ‘‘the Better Education

for Students and Teachers’’ and insert ‘‘this’’ and strike

‘‘specific award criteria and other’’.

LC for subsection cite (b)(1)(L).

57. Virtually identical provision, except House bill includes ‘religious organizations’ as a possible nonprofit agency.

HR

58. Similar provisions.

LC

59. House bill, but not Senate amendment, requires local applications to provide assurances that programs, services, and activities will be evaluated annually.

SR with amendment to insert Senate language from

Note 22 and add at the end a new (I):

‘‘(H) provides assurance that—

‘‘(i) programs, services and activities will be evaluated annually;

‘‘(ii) such evaluation will be used to make decisions about appropriate changes in program services

and activities for the subsequent year;

‘‘(iii) such evaluation will describe how assistance

under this subpart affected student academic achievement, and will include, at a minimum, information

and data on the use of funds, the types of services furnished, and the students served under this part; and

‘‘(iv) such evaluation will be submitted to the

State in the time and manner requested by the State.

‘‘(I) if appropriate, describe how applicants seeking

funds under section 5331(b)(1)(L) will comply with guidance issued by the Secretary regarding same gender

schools and classrooms under section 5331(c).’’

60. Senate amendment, but not House bill, allows allocations

of funds to programs for 3 years.

SR

61. Similar provisions.

LC

62. Virtually identical provisions.

LC

63. Virtually identical provisions.

LC

64. Virtually identical provisions.

LC

65. Identical provisions.

LC

66. Virtually identical provisions.

LC

67. Senate amendment, but not House bill, authorizes local

funds for construction of small schools.

929

HR with an agreement to move to section 5121 (State

Uses of Funds) amended to read as follows:

‘‘(7) Support for the program described in section 321 of

H.R. 5656, the Labor-Health and Human Services-Education

Appropriations Act, 2001, as incorporated into P.L. 106–554,

the Consolidated Appropriations Act, 2001.’’

68. Identical definition.

LC

69. Identical definition.

LC

70. Similar definitions (House bill defines term under general

provisions).

SR

71. House bill authorizes $450 million for FY 02 and such

sums as may be necessary for each of FY 03 through FY 06. Senate

amendment authorizes $850 million for FY 02 and such sums as

may be necessary for each of next 6 succeeding fiscal years.

SR

72. Senate amendment, but not House bill, contains provision

regarding duration of assistance.

SR

LC—Add the following language to section 5121 (State

Uses of Funds):

‘‘(8) Support for programs to assist in the implementation

of the policy described in section [Unsafe School Choice Policy

in General Provisions], which may include payment of reasonable transportation costs and tuition costs for such students.’’

LC—Redraft (25) in section 5131 (Local Uses of Funds):

‘‘(25) School safety programs, including programs to implement the policy described in section [Unsafe School Choice Policy in General Provisions], and which may include payment of

reasonable transportation costs and tuition costs for such students.’’

73. House bill authorizes ‘‘Arts Education’’ as Subpart 2 of Part

A of Title IV. Senate amendment authorizes ‘‘Arts in Education’’ as

Subpart 3 of Part F of Title XVI.

HR/SR with an agreement to move to Subpart 15 of Title

V, Part D (FIE).

74. House bill and Senate amendment contain various findings.

HR/SR (no findings)

75. Similar provisions except that Senate amendment contains

an additional purpose to support the national effort to enable all

students to demonstrate competence in the arts.

SR with an amendment to insert Senate (3) after House

(2).

76. Similar provisions.

SR

77. House bill uses the term ‘States’ and Senate amendment

uses the term ‘State educational agencies.’

HR

78. Similar provisions.

LC

930

79. House bill, but not Senate amendment, authorizes a use of

funds for planning, developing, acquiring, expanding, improving, or

disseminating model school-based arts education programs.

SR with amendment to insert the following combined

language: ‘‘(2) planning, developing, acquiring, expanding, improving,

or disseminating information about, model school-based arts

education programs;’’ 80. Senate amendment, but not House bill, authorizes a use of

funds for the development of, and dissemination of information

about, model arts education programs.

SR

81. Similar provisions.

SR with an amendment to include the following report

language:

For the purpose of this Subpart, the Conferees expect

the Department to continue a close consultative relationship with federal agencies or institutions that have expertise in arts education including the National Endowment for

the Arts, the Institute of Museum and Library Services, the

John F. Kennedy Center for the Performing Arts, VSA Arts,

and the National Gallery of Art. The Department may also

consult with other arts education professional organizations

and organizations representing the arts including the Arts

Education Partnership, the National Association for Music

Education, and State and local arts agencies.

82. Similar provisions.

HR

83. Similar provisions.

LC

84. House bill, but not Senate amendment, includes a supplement/not supplant provision.

SR

85. Senate amendment, but not House bill, contains a special

rule that if the amount made available to carry out this subpart

for any fiscal year is $15,000,000 or less, then such amount shall

only be available to carry out the activities described in paragraphs

(7) and (8) of subsection (d).

HR

86. House bill lists general agencies and institutions with

which activities must be coordinated. Senate amendment lists the

National Endowment for the Arts, the Institute of Museum and Library Services, the John F. Kennedy Center for the Performing

Arts, VSA Arts, and the National Gallery of Art with which activities must be coordinated.

SR with an agreement to include the following report

language:

For the purpose of this Subpart, the Conferees expect

the Department to continue a close consultative relationship with federal agencies or institutions that have expertise in arts education including the National Endowment for

the Arts, the Institute of Museum and Library Services, the

John F. Kennedy Center for the Performing Arts, VSA Arts,

and the National Gallery of Art. The Department may also

931

consult with other arts education professional organizations

and organizations representing the arts including the Arts

Education Partnership, the National Association for Music

Education, and State and local arts agencies.

87. House bill and Senate amendment authorize this program

at such sums (Senate amendment authorization is listed as part of

the LIFE program (FIE)).

HR/SR (no authorization because moved to FIE).

88. House bill authorizes ‘‘Gifted and Talented Children’’ as

Subpart 3 of Part A of Title IV. Senate amendment authorized

‘‘Gifted and Talented Children’’ as Part E of Title XVI.

HR/SR with an agreement to move to Subpart 6 of Title

V, Part D (FIE).

89. Identical short title.

LC

90. House bill and Senate amendment contain similar findings.

HR/SR (no findings)

91. Similar purpose except that House bill explicitly mentions

scientifically based research.

SR

92. Senate amendment, but not House bill, triggers a formula grant program once the appropriation equals or exceeds $50 million.

SR

93. Similar provision.

LC

94. Virtually identical provisions.

LC

95. Virtually identical provisions.

LC

96. Similar provisions except that House bill, but not Senate

amendment, requires that research be scientifically based.

SR with an amendment to add special rule and additional use of funds (specifically a special rule to provide

that all funding above FY 2001 level be awarded to SEAs

and/or LEAs on a competitive basis for use of funds under

House section 4164(b) and add non-duplicative use of funds

(2) and (4) from Senate section 11422(b) to House section

4164(b)).

‘‘SPECIAL RULE.—For fiscal year 2002 and succeeding fiscal

years, the Secretary shall use funds above the fiscal 2001 appropriation to award grants, on a competitive basis, to State

educational agencies and/or local educational agencies to implement activities described under [House] section 4164(b).’’

Add non-duplicative use of funds from Senate section

11422(b) to House section 4164(b):

‘‘(6) Making materials and services available through State

regional educational service centers, institutions of higher education, or other entities. ‘‘(7) Providing funds for challenging, high-level course

work, disseminated through technologies (including distance

learning), for individual students or groups of students in

schools and local educational agencies that do not have the resources otherwise to provide such course work.’’

932

97. Similar provisions.

HR

98. Virtually identical provisions except that House bill specifically references scientifically based research.

SR

99. Virtually identical provisions.

LC

100. Similar provisions.

LC

101. Virtually identical provisions.

LC

102. Similar provisions.

LC

103. Senate amendment, but not House bill, provides that

amounts appropriated above FY 01 level be dedicated toward competitive grant awards for activities described in Section 11422 (formula grant program).

SR (see note 96).

104. Senate amendment, but not House bill, provides for a formula grant program.

SR

105. House bill defines terms in general provisions.

SR

106. House bill authorizes such sums as may be necessary to

carry out this Subpart for each of fiscal years 2002 through 2006.

Senate amendment authorizes $170 million for each of fiscal years

2002 through 2008.

HR/SR (no authorization because moved to FIE).

107. House bill, but not Senate amendment, assures continuation of awards granted prior to date of enactment.

SR

Title IV, Part B—Charter Schools

(New Title V, Part B)

1. Under the House bill, the Public Charter Schools program

is a ‘‘part’’. Under the Senate amendment, it is a ‘‘chapter’’. SR

2. The House bill, but not the Senate amendment, has a Findings subsection.

HR

3. The House bill and Senate amendment Purpose sections are

identical except that the House version adds the term ‘‘academic’’ after ‘‘student’’ in purpose (2).

LC

4. The House bill and Senate amendment Program Authorized

sections are identical except that the Senate amendment version

adds ‘‘(other than funds reserved to carry out section 5115 (b))’’ after ‘‘section 5121’’ in (e)(1).

HR

5. The House bill uses the term ‘‘academic achievement’’ after

‘‘student’’ in (b)(3)(A)(i), while the Senate amendment uses the

term ‘‘performance’’.

LC

933

6. The House bill, but not the Senate amendment, includes an

assurance under (d) CONTENTS OF APPLICATIONS (3) pertaining to

precharter planning grants and subgrants.

(See note 18)

SR

7. The House bill and Senate amendment have identical (a) SE- LECTION CRITERIA FOR STATE EDUCATIONAL AGENCIES except that

the House bill adds the term ‘‘academic’’ after ‘‘state’’ and ‘‘student’’ in (a)(1) and uses the terms ‘‘academic achievement’’ after ‘‘student’’ in (a)(7). In (a)(7), the Senate amendment uses the term ‘‘performance’’ instead of ‘‘academic achievement.’’ LC

8. The House bill, but not the Senate amendment, explicitly

prohibits a local educational agency from deducting funds for administrative fees or expenses from a subgrant awarded to an eligible applicant under (4) ADMINISTRATIVE EXPENSES. SR with an amendment to insert after ‘‘an eligible applicant’’ in (4) ‘‘unless such applicant enters voluntarily into a

mutually agreed upon arrangement for administrative services with the relevant LEA. Absent such approval the LEA

shall distribute all such grant funds to the grantee without

delay.’’ 9. The House bill and Senate amendment have identical (6)

DISSEMINATION language except that the House bill uses the term ‘‘academic’’ after ‘‘student’’ in (A)(i) and the terms ‘‘academic

achievement’’ after ‘‘student’’ in (B)(ii). In (B)(ii), the Senate

amendment uses the term ‘‘performance’’ instead of ‘‘achievement’’. LC

10. The Senate amendment, but not the House bill, adds ‘‘(other than funds reserved to carry out section (b))’’ after ‘‘chapter’’ in (a).

SR with amendment to move section 5115(b)(6) to (a) of

the National Activities section.

11. The Senate amendment, but not the House bill, includes

outdated language pertaining to a 4-year national study in

(a)(1)(B)(2).

SR

12. The House bill adds the term ‘‘academic’’ after ‘‘student’’ in

(a)(2). The Senate amendment does not include the term ‘‘academic’’ in (a)(3).

LC

13. The Carper-Gregg amendment to the Senate amendment

cites the Per-Pupil Facilities Aid Programs subsection as the

‘‘Charter Schools Equity Act’’ and states that the purposes of this

subsection are:

(A) to help eliminate the barriers that prevent charter

school developers from accessing the credit markets, by encouraging lending institutions to lend funds to charter schools on

terms more similar to the terms typically extended to traditional public schools; and

(B) to encourage the States to provide support to charter

schools for facilities financing in an amount more nearly commensurate to the amount the States have typically provided for

traditional public schools.

934

However, this language does not amend the Elementary and

Secondary Education Act.

HR/SR with an amendment to move (B) to General Purpose section.

14. The Senate amendment, but not the House bill, includes (b)

PER-PUPIL FACILITIES AID PROGRAMS under Section 5115, National

Activities.

HR with an amendment to add ‘‘includes or’’ in section

5115(b)(3)(B)(iii).

15. The House bill, but not the Senate amendment, deletes the

following outdated language: ‘‘not later than 6 months after the

date of the enactment of the Charter School Expansion Act of 1998’’ in (a).

SR

16. The House bill, but not the Senate amendment, requires

the transfer of records to a private school upon the transfer of the

student from a charter or public school to the private school (with

the written consent of a parent of the student), in accordance with

applicable State law.

HR (with understanding—discussion about record transfer in Safe and Drug Free).

17. The House bill defines a charter school as a public school ‘‘that admits students on the basis of a lottery or in another nondiscriminatory manner consistent with State law, if more students

apply for admission than can be accommodated’’ in (1)(H). The Senate amendment does not include the phrase ‘‘or in another non-discriminatory manner consistent with State law.’’ HR with Report Language:

‘‘The Conferees encourage the Secretary to help ensure

that public charter school admissions policies are consistent

with federal and state law, while preserving the particular

mission of a charter school to the maximum extent possible.’’

18. The House bill and Senate amendment have different definitions of an ‘‘eligible applicant’’ in (3).

SR

19. The House bill authorizes the Public Charter Schools program at $225 million for FY 2002 and such sums as may be necessary for each of the 4 succeeding fiscal years. The Senate amendment authorizes the Public Charter Schools program at $400 million, $200 million of which is reserved specifically for this chapter

(other than the Per-Pupil Facilities Aid Programs). Any remainder

above the $200 million is reserved to carry out the Per-Pupil Facilities Aid Programs. The Senate amendment authorizes the Public

Charters Schools program at such sums as may be necessary for

each of the 6 succeeding fiscal years.

HR with an amendment to strike $400 million and insert

$300 million (first $200 million going to charters and next

$100 million going to per pupil) with increases thereafter

being split 50/50.

Report Language:

Charter schools are public schools, yet lack the bonding

and taxing authority traditionally available to school districts to finance their facilities. As a result, charter schools

935

are forced to use operating revenues that are intended to be

spent in the classroom to pay rent or to make debt payments for facilities. States have the primary obligation to

address this inequity. But, to stimulate state initiatives, this

legislation authorizes a limited-term federal role in encouraging states to establish or expand per pupil facilities aid

programs.

Conferees support significant funding increases for the

charter school program in order to free up resources, as

quickly as possible, for the per-pupil financing program, a

program that assists charter schools in meeting their operating needs, so that charter school resources may be better

spent on academic activities.

20. The House bill, but not the Senate amendment, includes a

Continuation of Awards section.

SR

21. The Senate amendment, but not the House bill, includes

Chapter II—Credit Enhancement Initiatives to Promote Charter

School Facility Acquisition, Construction, and Renovation.

HR with an amendment to (1) strike all and insert Charter School Facility Financing Demonstration Project language from last year’s Omnibus Appropriations; (2) authorize the Demonstration Project for $150 million in FY 02 and

such sums in FY 03; and (3) include the following report language:

Report Language:

As stated in report language last year (P.L. 106–554), the

Credit Enhancement Program for charter school facilities

falls under the administrative responsibility of the Secretary of Education.

Title IV, Part C—Magnets

(New Title V, Part C)

1. The Senate amendment, but not the House bill, consolidates

the Findings and Statement of Purpose into one section.

HR

2. The House bill and Senate amendment each have 4 findings

but only the first finding is the same in both, except that the Senate amendment adds ‘‘Nation’s’’ in front of ‘‘schools.’’

HR with an amendment to: take Senate (1); take House

(2), (3), and (4)(A); insert as new language:

‘‘(B) to ensure that all students have equitable access

to a quality education that will prepare them to function

well in a technologically oriented and a highly competitive

economy comprised of people from many different racial

and ethnic backgrounds.

‘‘(C) to continue to desegregate and diversify schools

by supporting magnet schools, recognizing that such segregation exists between minority and nonminority students

as well as among students of different minority groups.

Desegregation efforts through magnet programs are a significant part of our Nation’s effort to achieve voluntary deVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00939 Fmt 6601 Sfmt 6601 E:\HR\OC\A334HR.426 pfrm07 PsN: A334HR
936

segregation in schools and help to ensure equal educational opportunities for all students.’’ 3. Under Statement of Purpose, the Senate amendment, but

not the House bill, includes ‘‘which shall assist in the efforts of the

United States to achieve voluntary desegregation in public schools’’ at the end of (1).

HR

4. The Senate amendment adds the term ‘‘local’’ to ‘‘content

standards’’ and ‘‘student performance standards’’ in (2), while the

House bill adds the term ‘‘academic’’ after ‘‘State’’ and ‘‘academic

achievement’’ after ‘‘student’’. LC

5. The House bill, but not the Senate amendment, adds ‘‘that

promote diversity and increase choices in public elementary and

secondary schools and educational programs’’ at the end of (3).

SR

6. The Senate amendment includes the phrase ‘‘technological

and career’’ before ‘‘skills’’ in (4). The House bill uses the word ‘‘technical’’ instead.

HR with an amendment to strike ‘‘career’’ and insert ‘‘professional’’. 7. The Senate amendment, but not the House bill, includes two

additional purpose statements. See (5) and (6).

HR

8. Under the Elibibility section in (1), the Senate amendment,

but not the House bill, adds the word ‘‘schools’’ following ‘‘elementary’’.

SR

9. Under the Information and Assurances part in (1)(B), the

House bill, but not the Senate amendment, adds the term ‘‘academic’’ after ‘‘student.’’ LC

10. In (1)(D) the House bill reads: ‘‘how funds under this part

will be used to improve student academic performance for all students attending the magnet schools.’’ The Senate amendment

reads: ‘‘how funds under this subpart will be used to implement

services and activities that are consistent with other programs

under this Act, and other Acts, as appropriate, in accordance with

the provisions of section 5506;.’’

HR/SR with an amendment to combine House and Senate (D), and to strike ‘‘the magnet schools’’ and insert ‘‘magnet school programs’’.

LC—‘‘section 5506’’; New citation.

11. In (2)(B), the House bill reads: ‘‘employ fully qualified

teachers in the courses of instruction assisted under this part;.’’

The Senate amendment reads: ‘‘employ State certified or licensed

teachers in the courses of instruction assisted under this subpart

to teach or supervise others who are teaching the subject matter

of the courses of instruction;.’’

SR

12. In (2)(E), the Senate amendment, but not the House bill,

includes ‘‘consistent with desegregation guidelines and the capacity

of the project to accommodate these students’’ following the word

‘‘project’’.

937

HR

13. The Senate amendment, but not the House bill, includes (c)

SPECIAL RULE.

HR

14. Under the Priority section, the Senate amendment, but not

the House bill, includes two additional priorities. See (4) and (5).

SR

15. Under the Use of Funds section in (a)(3), the House bill

uses the phrase ‘‘fully qualified.’’ The Senate amendment uses the

phrase ‘‘certified or licensed by the State.’’

SR

16. Under the Use of Funds section in (a)(5), the House bill

states ‘‘for activities, which may include professional development,

that will build the recipient’s capacity to operate magnet school

programs once the grant period has ended.’’ The Senate amendment states ‘‘to include professional development, which professional development shall build the agency’s or consortium’s capacity to operate the magnet school once Federal assistance has terminated;.’’

SR

17. The Senate amendment, but not the House bill, includes

two additional uses of funds. See (6) and (7).

HR

18. Under (b) SPECIAL RULE, the House bill, but not the Senate

amendment, adds the phrase ‘‘to improving the students’’ academic

performance based on the State’s challenging academic content

standards and student academic achievement standards or’’ after

the word ‘‘related’’ and before the word ‘‘to.’’

SR

19. The House bill also includes the phrase ‘‘vocational and

technical skills,’’ while the Senate amendment includes the phrase

‘‘vocational, technological and career skills.’’

HR with an amendment to strike ‘‘career’’ and insert

‘‘professional’’.

20. Under the Prohibitions section, the House bill includes the

headline (a) TRANSPORTATION and an additional prohibition—

‘‘(b) PLANNING.—A local educational agency shall not expend

funds under this part after the third year that such agency receives

funds under this part for such project.’’

The Senate amendment does not include the headline or the

additional prohibition.

HR

21. Under (b) LIMITATION ON PLANNING FUNDS, the Senate

amendment includes the phrase ‘‘(professional development shall

not be considered as planning for purposes of this subsection)’’ and

limits planning funds to ‘‘25 percent of such funds for the second

year, and 15 percent of such funds for the third such year.’’ The

House bill does not include the above phrase and limits planning

funds to ‘‘15 percent of such funds for the second such year, and

10 percent of such funds for the third such year.’’

HR with an amendment to strike ‘‘25’’ and insert ‘‘15’’.

22. Under (d) TIMING, the House bill provides for the Secretary

to make awards no later than July 1 of the applicable fiscal year,

938

while the Senate amendment provides that the awards are to be

made not later than June 1 of the applicable fiscal year.

SR

23. The Senate amendment includes SEC. 5140. INNOVATIVE PROGRAMS. The House bill repeals this program.

SR

24. Under the Evaluations section in (a) RESERVATION, the

House bill refers to ‘‘section 4312(a)’’ where as the Senate refers to ‘‘section 5142(a).’’ Also, the House bill uses the phrase ‘‘technical

assistance, and dissemination projects with respect to magnet

school projects and programs assisted under this part.’’ Following

the word ‘‘evaluations,’’. The Senate amendment uses the phrase ‘‘of projects assisted under this subpart and to provide technical assistance for grant recipients under this subpart.’’ SR

25. Under (b) CONTENTS (3), the Senate amendment, but not

the House bill, adds the word ‘‘schools’’ after ‘‘elementary.’’ The

Senate amendment, but not the House bill, includes an additional

provision in (b) CONTENTS. See (5).

SR

26. The Senate amendment, but not the House bill, includes (c)

DISSEMINATION.

HR

27. Under the Authorization of Appropriations; Reservation

section, the House bill authorizes $125 million for fiscal year 2002

and ‘‘such sums as may be necessary for each of 4 succeeding fiscal

years.’’ The Senate amendment authorizes $125 million for fiscal

year 2002 and ‘‘such sums as may be necessary for each of the 6

succeeding fiscal years.’’

LC

28. House bill transfers and continues current law.

HR/SR with an agreement to move to Subpart 20 of Title

V, Part D (FIE).

29. Senate amendment rewrites the Women’s Educational Equity Act.

HR/SR with an agreement to move to Subpart 20 of Title

V, Part D (FIE).

30. House bill authorizes $3 million for FY 02 and such sums

as may be necessary for each of the four succeeding fiscal years.

HR/SR (no authorization because moved to FIE).

31. Senate amendment authorizes such sums as may be necessary for FY 02 and for each of the 6 succeeding fiscal years.

HR/SR (no authorization because moved to FIE).

32. The House bill, but not the Senate amendment, includes

SEC. 423. CONTINUATION OF AWARDS. SR

Title V, Part A, subparts 1,3,4,5—Safe and Drug Free Schools

(New Title IV, Part A)

1. (Title) House bill includes Safe and Drug-Free and 21st Century Community Learning Centers as separate subparts in the

same act with separate funding authorizations. Senate amendment

maintains these two programs as separate acts.

939

HR with an amendment to treat Safe and Drug-Free and

21st Century as separate parts.

2. (Findings) House bill contains no findings.

SR

3. (Purpose) House bill and Senate amendment contain similar

provisions.

House bill includes before and after school activities as a purpose of the Act.

Senate amendment specifies types of programs (i.e.: alternative

education, rehabilitation).

Senate amendment also references development and implementation of policy at local level.

HR with an amendment to insert ‘‘and communities’’ after ‘‘involve parents,’’ in the lead-in;

Insert ‘‘to foster a safe and drug-free learning environment which supports academic achievement,’’ after ‘‘efforts

and resources’’ in the lead-in.

Strike everything after ‘‘early intervention’’ in (1).

Strike everything after ‘‘prevention including’’ in (2) and

insert ‘‘community-wide drug and violence prevention planning and organization activities.’’ 4. (State Grant Funds) House bill authorizes $475 million for

Safe and Drug-Free State Grants for FY 2002 and such sums for

4 following years. Senate amendment authorizes $700 million for Safe and DrugFree State Grants for FY 2002 and such sums for 6 following years.

HR with an amendment to authorize appropriations at $650 million in FY 2002 and such sums in each of the 5 succeeding fiscal years. 5. (National Programs Funds) House bill authorizes $60 million for national programs for Safe and Drug-Free and 21st Century Community Learning Centers programs combined for FY 2002

and such sums for 4 following years Senate amendment authorizes $150 million for Safe and DrugFree national programs for FY 2002 and such sums for 6 following

years.

HR/SR with an amendment to authorize appropriations

of such sums in FY 2002 and each of the 5 succeeding fiscal

years.

6. (Coordinator Funds) Senate amendment authorizes $75 million for a national coordinator initiative for FY 2002 and such sums

for 6 following years. House bill has no provision.

SR

7. (Domestic Violence Funds) Senate amendment authorizes $5

million for Domestic Violence Witness Program for FY 2002–2004.

House bill has no provision.

SR

8. (Suicide Prevention Funds) Senate amendment authorizes

$25 million for Suicide Prevention Program for FY 2002 and such

sums for 6 following years. House bill has no provision.

SR

9. (Guam, etc. Set-aside) House bill provides for the greater of

1% or $4.75 million for grants to Guam, American Samoa, Virgin

Islands, and Northern Marianna Islands.

940

Senate amendment provides 1% for grants to the same jurisdictions.

SR

10. (Indian Set Aside) House bill provides for the greater of 1% or $4.75 million for grants for Indian Youth.

Senate amendment provides 1% for such grants.

SR

11. (Impact Evaluation Funds) Senate amendment allows the Secretary to reserve up to $2 million for a national impact evaluation.

HR with an amendment to move the National Impact

Evaluation authorization and appropriation to National Activities.

12. (Native Hawaiians Set-aside) Similar provisions.

LC

13. (Safe Schools/Healthy Students Funds) House bill provides

for continued funding of Safe Schools/Healthy Students.

SR with an amendment to take reservation from the national activities funds.

14. (Fed to State Formula) House bill and Senate amendment

contain similar provisions.

HR to Senate formula and include a hold harmless to

FY2001 amount

15. (Reallotment) House bill provides for an annual reallotment.

Senate amendment provides for reallotment every two years.

HR/SR to retain both.

16. (Definitions) House bill defines native Hawaiian.

Senate amendment defines state and local educational agency.

LC throughout and eliminate if identical to general definition.

17. (Limitation) House bill contains no similar provision.

HR

18. (Gov Programs) Similar set-aside for governor’s programs.

House bill specifies that awards are to be made based on quality and how well aligned with principles of effectiveness and includes LEAs as participants.

Senate amendment lists specific elements to be described in a

state plan: —how programs will be coordinated so as not to be duplicative of state and local efforts;

—how populations not normally served will be served;

—how governor will monitor the performance of and provide technical outreach to recipients;

—how participation of CBOs will be maximized;

—how funds will support community-wide drug and violence prevention activities;

—how parental input will be sought.

SR with an amendment to strike House language and insert the following:

‘‘SEC. 5112. RESERVATION OF STATE FUNDS FOR SAFE SCHOOLS.

‘‘(a) STATE RESERVATION FOR THE GOVERNOR.—

‘‘(1) IN GENERAL.—The chief executive officer of a State

may reserve not more than 20 percent of the total amount alloVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00944 Fmt 6601 Sfmt 6601 E:\HR\OC\A334HR.428 pfrm07 PsN: A334HR
941

cated to a State under section 5111(b) for each fiscal year to

award competitive grants and contracts to local educational

agencies, community-based organizations (including community anti-drug coalitions), other public entities and private organizations, and consortia thereof. Such grants and contracts

shall be used to carry out the comprehensive state plan

through programs or activities that complement and support

activities of local educational agencies described in section

5115. Such officer shall award grants based on— ‘‘(A) the quality of the activity or program proposed;

and ‘‘(B) how the program or activity meets the principles

of effectiveness described in section 5114(a).’’ 19. (Gov Programs) House bill gives special consideration to

programs providing and incorporating mental health services.

Senate amendment gives priority to those not normally served

and to those needing special services.

HR with amendment to strike and replace with the following language: ‘‘(2) PRIORITY.—In making such grants and contracts, a

chief executive officer shall give priority to illegal drug use and

violence prevention programs and activities for— ‘‘(A) children and youth who are not normally served

by State or local educational agencies; or ‘‘(B) populations that need special services or additional resources (such as youth in juvenile detention facilities, runaway or homeless children and youth, pregnant

and parenting teenagers, and school dropouts).

‘‘(3) SPECIAL CONSIDERATION.—In awarding funds under

subparagraph (A), a chief executive officer shall give special

consideration to grantees that pursue a comprehensive approach to drug and violence prevention that includes providing

and incorporating mental health services related to drug and

violence prevention in their program.

‘‘(4) PEER REVIEW.—Grants or contracts awarded under

this subpart shall be subject to a peer review process.’’ 20. (Gov Programs) Senate bill requires peer review of grants

awarded by chief executive officers.

HR with an amendment to strike Senate language.

21. (Gov Admin) House bill allows 1% for administration expenses.

Senate amendment allows 5% for administration expenses, and

authorizes the chief executive officer to award grants to state,

county, or local law enforcement agencies to carry out drug and violence prevention activities.

SR with an amendment to set administrative costs at

not more than 3 percent.

22. (Gov Applic) House bill contains no similar provisions.

SR

23. (Gov Activities) House bill contains no similar provisions.

HR with amendment to strike language and insert:

‘‘Grants and contracts under section [gov reservation]

shall be used to implement drug and violence prevention activities, such as:

942

—activities that complement and support activities

of local education agencies under section [LEA uses of

funds], including developing and implementing activities to prevent and reduce violence associated with prejudice and intolerance;

—Dissemination of information about drug and violence prevention.

—Development and implementation of communitywide drug and violence prevention planning and organization.’’

24. (SEA Funds) House bill provides 95% of an amount reserved for state and local programs (80%) to be sent to the local

level.

Senate amendment provides for 91% of the amount reserved

for state and local programs (80%) to be sent the local level.

HR with an amendment to strike language and insert

the following:

‘‘(1) IN GENERAL.—A state educational agency shall distribute not less than 93 percent of the amount available under

section [ ] to its local educational agencies.’’

Report Language

‘‘The Conferees wish to clarify that at all times a State

educational agency must distribute at least 93 percent of

the funds it receives to the local educational agencies.’’

25. (SEA Funds) House bill allows 4% for state activities.

Senate amendment allows 5% for state activities.

SR with an amendment to strike the language and insert the following:

‘‘(2) STATE ACTIVITIES.—A state educational agency shall

use not more than 5 percent of the funds made available under

section [ ] for activities described in subsection (c).’’

26. (SEA Funds) House bill allows 1% for administration expenses.

21. Senate amendment allows 5% for administration expenses

and uniform reporting system.

SR with an amendment to strike the language and insert the following:

‘‘(3) STATE ADMINISTRATION.—

‘‘(A) IN GENERAL.—A state educational agency shall

use not more than 3 percent of the funds made available

under section [ ] for state administration, including implementation of the Uniform Management Information and

Reporting System.

‘‘(B) SPECIAL RULE.—For fiscal year 2002, a state educational agency may use an additional 1 percent of the

amount made available under section [ ] for implementation of the Uniform Management Information and Reporting System.’’

27. (State Activ) Similar provisions, but House bill authorizes

generally, whereas Senate amendment specifies types of activities

and services.

SR with an amendment to strike language and insert

the following:

943

‘‘(1) IN GENERAL.—A State shall use a portion of the funds

described in subsection (b)(2), either directly, or through grants

and contracts, to plan, develop, and implement capacity building, technical assistance and training, evaluation, program improvement services, and coordination activities for local educational agencies, community-based organizations, and other

public and private entities.

‘‘(2) ACTIVITIES.—Such uses shall meet the principles of effectiveness described in section 5115(a), shall complement and

support local uses of funds under section 5115(b), and otherwise shall further the purposes of this part, and may include,

among others,

‘‘(A) identification, development, evaluation, and dissemination of drug and violence prevention strategies, programs, activities, and other information;

‘‘(B) training, technical assistance, and demonstration

projects to address violence associated with prejudice and

intolerance;

‘‘(C) and financial assistance to enhance drug and violence prevention resources available in areas that serve

large numbers of low-income children, are sparsely populated, or have other special needs.’’

28. (Data Collection) Senate amendment contains no similar

provision.

HR with an amendment to strike the Senate language

and insert the following language:

‘‘(2) UNIFORM MANAGEMENT INFORMATION AND REPORTING

SYSTEM.—

‘‘(A)(1) INFORMATION AND STATISTICS.—In carrying out

its responsibilities under [state admin], a state shall implement a uniform management information and reporting

system.

‘‘(2) A State may use funds described in subsection

(b)(3), either directly or through grants and contracts, to

establish and implement a uniform management information and reporting system, to include information on—

‘‘(i) truancy rates;

‘‘(ii) the frequency, seriousness, and incidence of

violence and drug related offenses resulting in suspensions and expulsion in elementary and secondary

schools in States;

‘‘(iii) the types of curricula, programs, and services

provided by the chief executive officer, state educational agency, local educational agencies, and other

recipients of funds under this part; and

‘‘(iv) the incidence and prevalence, age of onset,

perception of health risk, and perception of social disapproval of drug use and violence by youth in schools

and communities.’’

‘‘(B) COMPILATION OF STATISTICS.—The statistics shall

be compiled in accordance with definitions as determined

in the State criminal code, but shall not identify victims of

crimes or persons accused of crimes. The collected data

944

shall include, incident reports by school officials, anonymous student surveys, and anonymous teacher surveys.

‘‘(C) REPORTING.—Such data and statistics shall be reported to the public and the statistics referenced in

(A)(2)(i) and (ii) shall be reported on a school-by-school

basis.

‘‘(D) LIMITATION.—Nothing in this subsection shall be

construed to authorize the Secretary to require particular

policies, procedures, or practices with respect to crimes on

school property or school security.’’

29. (Persistently Dangerous) Senate amendment contains no

similar provision.

HR with an amendment to insert the following language

in General Provisions—

‘‘UNSAFE SCHOOL CHOICE POLICY

‘‘(a) POLICY.—Each State receiving funds under this Act shall

establish and implement a statewide policy requiring that a student attending a persistently dangerous public elementary and secondary school, as determined by the State in consultation with a

representative sample of local educational agencies, or who becomes a victim of a violent criminal offense, as determined by State

law, while in or on the grounds of a public elementary or secondary

school that the student attends, be allowed to attend a safe public

elementary or secondary school within the local educational agency,

including a public charter school.

‘‘(b) CERTIFICATION.—As a condition of receiving funds under

this Act, a State shall certify in writing to the Secretary that the

State is in compliance with this section.

30. (State Application) Similar provisions aligned.

HR with amendment to strike and insert the following

language:

‘‘SEC. 5113. STATE APPLICATION.

‘‘(a) IN GENERAL.—In order to receive an allotment under section 4111 for any fiscal year, a State shall submit to the Secretary,

at such time as the Secretary may require, an application that—

‘‘(1) contains a comprehensive plan for the use of funds by

the State educational agency and the chief executive officer to

provide safe, orderly, and drug-free schools and communities

through programs and activities that complement and support

activities of local educational agencies under section 5115(b),

that comply with the principles of effectiveness under section

5115(a), and that otherwise are in accordance with the purposes of this part; ‘‘(2) describes how activities funded under this subpart will

foster a safe and drug free learning environment that supports

academic achievement;

‘‘(3) provides an assurance that the application was developed in consultation and coordination with appropriate State

officials and others, including the chief executive officer, the

chief State school officer, the head of the State alcohol and

drug abuse agency, the heads of the State health and mental

health agencies, the head of the State criminal justice planning

945

agency, the head of the State child welfare agency, the head

of the State board of education, or their designees, and representatives of parents, students, and community-based organizations; ‘‘(4) a description of how the State educational agency will

coordinate such agency’s activities under this subpart with the

chief executive officer’s drug and violence prevention programs

under this subpart and with the prevention efforts of other

State agencies and other programs, as appropriate, in accordance with the provisions in section 8306; ‘‘(5) provides an assurance that the State will cooperate

with, and assist, the Secretary in conducting data collection as

required by section 5116(a); ‘‘(6) provides an assurance that the local educational agencies in the State will comply with the provisions of section

8503 pertaining to the participation of private school children

and teachers in the programs and activities under this subpart; ‘‘(7) provides an assurance that funds under this subpart

will be used to increase the level of State, local, and other nonFederal funds that would, in the absence of funds under this

subpart, be made available for programs and activities authorized under this subpart, and in no case supplant such State,

local, and other non-Federal funds; ‘‘(8) contains the results of the State’s needs assessment

for drug and violence prevention programs, which shall be

based on the results of on-going State evaluation activities, including data on the incidence and prevalence, age of onset, perception of health risk, and perception of social disapproval of

drug use and violence by youth in schools and communities

and the prevalence of risk factors, including high or increasing

rates of reported cases of child abuse or domestic violence, or

protective factors, buffers or assets or other variables identified

through scientifically based research in the school and community;

‘‘(9)(A) provides a statement of the State’s performance

measures for drug and violence prevention programs and activities to be funded under this part that shall be focused on

student behavior and attitudes and be derived from the needs

assessment, be developed in consultation between the State

and local officials, and that consist of—

‘‘(i) performance indicators for drug and violence prevention programs and activities; and

‘‘(ii) levels of performance for each performance indicator;

‘‘(B) a description of the procedures the State will use for

assessing and publicly reporting progress toward meeting those

performance measures; and

‘‘(11) provides an assurance that the State application will

be available for public review after submission of the application.

‘‘(12) a description of the special outreach activities that

will be carried out by the State educational agency and the

state chief executive officer to maximize the participation of

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946

fectiveness which provide services in low-income communities,

such as mentoring programs; ‘‘(13) a description of how funds will be used by the state

educational agency and the state chief executive officer to support, develop, and implement community-wide comprehensive

drug and violence prevention planning, organization, and activities; ‘‘(14) a specific description of how input from parents will

be sought regarding the use of funds by the state educational

agency and the state chief executive officer; ‘‘(15) includes any other information the Secretary may require.

‘‘(b) [SEA SECTION OF APPLICATION].—A State’s application

under this section shall also contain a comprehensive plan for the

use of funds described in [ ] developed by the SEA that ‘‘(1) describes how the State educational agency will review

applications and allocate funds to local educational agencies,

including how the agency will receive input from parents in

such review; ‘‘(2) describes how the SEA will monitor the implementation of activities under this part, and provide technical assistance under this part for local educational agencies, communitybased organizations, other public entities, and private organizations under this subpart;

‘‘(c) [GOV SECTION OF APPLICATION].—‘A State’s application

under this section shall also contain a comprehensive plan for the

use of funds described in [ ] developed by the chief executive officer that includes, with respect to each activity— ‘‘(1) a description of how funds reserved under section

4114(a) will be used so as not to duplicate the efforts of the

State educational agency and local educational agencies with

regard to the provision of school-based drug and violence prevention activities and how those funds will be used to serve

populations not normally served by the State and local educational agencies, such as school dropouts, suspended and expelled students, and youth in detention centers;

‘‘(2) a description of how the chief executive officer will

award funds under section 4114(a) and implement a plan for

monitoring the performance of, and providing technical assistance to, recipients of such funds.’’

31. (State Application) Senate amendment similar to House bill

section 5112(c)(1).

HR/SR to strike all.

32. (State Applic Review/Approval) House bill provides that application deemed approved if no response within 90 days.

Senate amendment provides for peer review.

SR with an amendment to strike language and insert

the following language:

‘‘(b) GENERAL APPROVAL.—A State educational agency’s application submitted pursuant to subsection (a) shall be deemed to be

approved by the Secretary unless the Secretary makes a written

determination, prior to the expiration of the 120 day period beginning on the date that the Secretary receives the application, that

the application is in violation of this part.

947

‘‘(c) DISAPPROVAL.—The Secretary shall not finally disapprove

an application, except after giving the State educational agency notice and opportunity for a hearing. ‘‘(d) SPECIAL RULE.—If the Secretary finds that the application

is not in compliance, in whole or in part, with the provisions of this

part, the Secretary shall: ‘‘(1) implement the procedures described in subsection (c);

and ‘‘(2) notify the State educational agency of the findings of

non-compliance where such notification shall— ‘‘(A) cite the specific provisions in the application that

are not in compliance; and ‘‘(B) request additional information, only as to those

noncompliant provisions, needed to make the application

compliant. ‘‘(e) If the State educational agency does not respond to the notification described in subsection (d)(2) within 45 days, such application is not approved. ‘‘(f) If the State educational agency does respond to the Secretary’s notification described in subsection (d)(2) within 45 days

with the requested information necessary to make the application

compliant, the Secretary shall approve or disapprove such application not later than 45 days following its resubmission or the end

of the 120 period described in subsection (b), whichever is later.’’ 33. (State Applic Review/Approval) Senate amendment contains no similar provision.

HR

34. (Interim Application) House bill contains no similar provision.

HR

35. (LEA Grants) House bill sends 95% of 80% to local educational agencies, with 60% based on title I and 40% based on

school enrollment.

Senate amendment sends 91% of 80% to local educational

agencies, under one of two formulae:

70% school enrollment and 30% state determined/greatest

need based on objective data.

70% greatest need competition based on objective data and

30% state determined additional need based on objective data.

SR

36. (Local Admin) Senate amendment contains no similar provision.

SR with an amendment to strike ‘‘1’’ and insert ‘‘2’’ in its

place.

37. (Reallocation) Similar provisions.

Senate amendment also has provision reallocating funds if

local educational agency declines to apply or if application is disapproved.

SR with an amendment inserting Senate (e) after House

(3).

38. (Reallocation) Similar provisions.

LC

39. (LEA Application) Similar provisions.

LC

948

40. (LEA Applic) Similar provisions, but Senate amendment

specifies that consultation be done with an ‘‘advisory council,’’ which has a membership similar to the organizations listed in

House bill, but also includes representatives of business, the medical professional, and law enforcement.

Senate amendment outlines specific duties of the advisory

council.

SR with amendment to strike (c)(1)(A) and insert the following language: ‘‘(A) IN GENERAL.—A local educational agency shall develop its application through timely and meaningful consultation with State and local government representatives,

representatives of schools to be served (including private

schools), teachers and other staff, parents, students, community-based organizations, and others with relevant and

demonstrated expertise in drug and violence prevention activities (such as medical, mental health, and law enforcement professionals).’’ 41. (Consultation) Senate amendment contains no similar provision.

SR

42. (LEA Applic) Similar provisions aligned.

SR with an amendment to strike House (d)(1) and insert

the following language: ‘‘(d) CONTENTS OF APPLICATIONS.— ‘‘(1) IN GENERAL.—An application submitted by a local educational agency under this section shall contain— ‘‘(A) an assurance that the activities or programs to be

funded comply with the principles of effectiveness described in section [ ] and foster a safe and drug-free learning environment that supports academic achievement. ‘‘(B) a detailed explanation of the local educational

agency’s comprehensive plan for drug and violence prevention, which shall include a description of—

‘‘(i) how the plan will be coordinated with programs under this Act, other Federal, State, and local

programs for drug and violence prevention, in accordance with the provisions of section 8306;

‘‘(ii) the local educational agency’s performance

measures for drug and violence prevention programs

and activities, that shall consist of—

‘‘(I) performance indicators for drug and violence prevention programs and activities; including

‘‘(aa) specific reductions in the prevalence

of identified risk factors;

‘‘(bb) specific increases in the prevalence

of protective factors, buffers, or assets if any

have been identified; or

‘‘(II) levels of performance for each performance indicator;

‘‘(iii) how such agency will assess and publicly report progress toward attaining its performance measures;

949

‘‘(iv) the drug and violence prevention activity or

program to be funded, including how the activity or

program will meet the principles of effectiveness described in section 5115(a), and the means of evaluating such activity or program; and ‘‘(v) how the services will be targeted to schools

and students with the greatest need;

‘‘(C) a specification for how the results of evaluation of

the effectiveness of the prevention program will be used to

refine, improve, and strengthen the program; ‘‘(D) an assurance that funds under this subpart will

be used to increase the level of State, local, and other nonFederal funds that would, in the absence of funds under

this subpart, be made available for programs and activities

authorized under this subpart, and in no case supplant

such State, local, and other non-Federal funds; ‘‘(E) a description of the mechanisms used to provide

effective notice to the community of an intention to submit

an application under this title; ‘‘(F) an assurance that drug and violence prevention

programs supported under this part convey a clear and

consistent message that acts of violence and the illegal use

of drugs are wrong and harmful; ‘‘(G) an assurance that the applicant has, or the

schools to be served have, a plan for keeping schools safe

and drug-free that includes— ‘‘(i) appropriate and effective school discipline policies that prohibit disorderly conduct, the illegal possession of weapons, and the illegal use, possession,

distribution, and sale of tobacco, alcohol, and other

drugs by students; ‘‘(ii) security procedures at school and while students are on the way to and from school; ‘‘(iii) prevention activities that are designed to create and maintain safe, disciplined, and drug-free environments; and

‘‘(iv) a crisis management plan for responding to

violent or traumatic incidents on school grounds; and

‘‘(v) a code of conduct policy for all students that

clearly states responsibilities of students, teachers,

and administrators in maintaining a classroom environment that allows a teacher to communicate effectively with all students in the class, allows all students in the class to learn, has consequences that are

fair and appropriate, considers the student and the

circumstances of the situation, and is enforced accordingly;

‘‘(H) an assurance that the application and any waiver

request will be available for public review after submission

of the application; and

‘‘(I) such other assurances, goals, and objectives identified through scientifically based research as the State may

reasonably require in accordance with the purpose of this

part.’’

950

43. (LEA Applic Review/Approval) House bill deems local application to be approved if approved if no response by 90 days.

Senate amendment requires peer review and provides factors

for determining approval: quality of plan; extent of problem assessment; use of objective data and community input; measurable goals

and objectives; use of scientifically based program.

HR with an amendment to strike in Senate (c)(2)(A)

‘‘and the extent . . . identified needs.’’; and insert ‘‘and the

extent to which the application meets the Principles of Effectiveness in section ( ).’’

Insert the following language:

‘‘(a) CONSIDERATIONS.—

‘‘(i) GENERAL APPROVAL.—A local educational agency’s application submitted pursuant to subsection [ ] shall be deemed

to be approved by the SEA unless the SEA makes a written

determination, prior to the expiration of the 120 day period beginning on the date that the SEA receives the application, that

the application is in violation of this part.

‘‘(ii) DISAPPROVAL.—The SEA shall not finally disapprove

an application, except after giving the applicant notice and opportunity for a hearing.

‘‘(iii) SPECIAL RULE.—If the SEA finds that the application

is not in compliance, in whole or in part, with the provisions

of this part, the SEA shall:

‘‘(I) implement the procedures described in subsection

(c); and

‘‘(II) notify the applicant of the findings of non-compliance where such notification shall—

‘‘(A) cite the specific provisions in the application

that are not in compliance; and

‘‘(B) request additional information, only as to

those noncompliant provisions, needed to make the application compliant.

‘‘(iv) If the applicant does not respond to the notification

described in subsection (iii)(II) within 45 days, such application

is not approved.

‘‘(v) If the applicant does respond to the SEA’s notification

described in subsection (iii)(II) within 45 days with the requested information necessary to make the application compliant, the SEA shall approve or disapprove such application not

later than 45 days following its resubmission or the end of the

120 day period described in subsection (b), whichever is later.’’

44. (LEA Applic Review/Approval) Similar provisions.

HR/SR to strike all language

45. (Principles of Effectiveness) Senate amendment contains no

similar provision.

SR with an amendment to insert:

‘‘(D) Be based on an analysis, of data reasonably available at the time, of the prevalence of risk factors, including

high or increasing rates of reported cases of child abuse

and domestic violence, or protective factors, buffers or assets or other variables identified through scientifically

based research in schools and communities in the State.’’

951

‘‘(E) Include meaningful and ongoing consultation with

and input from parents in the development of the application and administration of the program or activity.’’

Report Language—

The Conferees wish to clarify that the principles of effectiveness established under section [ ] are intended to increase the efficacy of drug and violence prevention activities in states, communities, and schools, but are not intended to result in the Secretary requiring State or local

educational agencies to use specific programs.

46. (LEA Required Activ) Similar provisions.

SR with an amendment to strike language in section

5115(b)(1)(A) and replace with ‘‘foster a safe and drug-free

learning environment that supports academic achievement;’’

and to strike the language in section 5115(b)(1)(C)(i) and replace with ‘‘prevent or reduce violence; the use, possession,

and distribution of illegal drugs; and delinquency; and’’.

47. (LEA Uses of Funds) Similar provisions.

See Senate amendment section 4303, p. 72, Note #85.

See Senate amendment section 1115B.

SR with amendment to strike House language in insert

the following language:

‘‘LOCAL ALLOWABLE USES OF FUNDS

* * * * * * *

‘‘(2) AUTHORIZED ACTIVITIES.—Each local educational agency, or consortium of such agencies, that receives a subgrant

under this subpart may use such funds to carry out activities

that comply with the principles of effectiveness described in

section 5115(a), such as—

‘‘(A) Age appropriate and developmentally based activities that—

‘‘(i) address the consequences of violence and the

illegal use of drugs, as appropriate.

‘‘(ii) promote of a sense of individual responsibility.

‘‘(iii) teach students that most people do not illegally use drugs

‘‘(iv) teach students to recognize social and peer

pressure to use drugs illegally and the skills for resisting illegal drug use

‘‘(v) teach students about the dangers of emerging

drugs

‘‘(vi) engage students in the learning process

‘‘(vii) incorporate activities in secondary schools

that reinforce prevention activities implemented in elementary schools.

‘‘(B) Activities that involve families, community sectors

(which may include appropriately trained seniors), and a

variety of drug and violence prevention providers in setting clear expectations against violence and illegal use of

drugs and appropriate consequences for violence and illegal use of drugs.

952

‘‘(C) drug and violence prevention information dissemination to schools and the community.

‘‘(D) professional development and training for and involvement of school personnel, pupil services personnel,

parents, and interested community members in prevention, education, early identification and intervention, mentoring, or rehabilitation referral, as related to drug and violence prevention.

‘‘(E) Drug and violence prevention activities that may

include

‘‘(i) Community-wide planning and organization

activities to reduce violence and illegal drug use,

which may include gang activity prevention

‘‘(ii) (1) IN GENERAL.—To the extent that expenditures do not exceed 20 percent of the amount made

available to a local educational agency under this subpart (except that this subparagraph shall not apply to

(e)), student and school security activities, including—

‘‘(a) acquiring and installing metal detectors,

electronic locks, surveillance cameras, or other related equipment and technologies;

‘‘(b) reporting criminal offenses on school

property;

‘‘(c) developing comprehensive school security

assessments;

‘‘(d) supporting safe zones of passage activities

that ensure that students travel safely to and

from school, which may include bicycle and pedestrian safety program; and

‘‘(e) hiring and mandatory training, based on

scientific research, of school security personnel

(including school resource officers) who interact

with students in support of youth drug and violence prevention activities under this part that

are implemented in the school.

‘‘(2) LIMITATION.—A local educational agency shall

only use funds received under this part for activities

described in (1)(a) through (d) if funding for such activities is not received from other federal agencies.

‘‘(3) SPECIAL RULE.—Not more than 40 percent of

the amount made available to a local educational

agency under this part may be spent on activities described in (e).

‘‘(4) DEFINITION.—A school resource officer is a career law enforcement officer, with sworn authority, deployed in community oriented policing, and assigned

by the employing police department to a local educational agency to work in collaboration with schools

and community based organizations to

‘‘(a) Educate students in crime prevention and

safety;

‘‘(b) Develop or expand community justice initiatives for students; and

953

‘‘(c) Train students in conflict resolution, restorative justice, and crime awareness.

Legislative Counsel to redraft to reflect the agreement

that the activities of (a) through (d) cannot exceed 20

percent and (a) through (d) in conjunction with (e) cannot exceed 40 percent. ‘‘(iii) expanded and improved school-based mental

health services related to illegal use of drugs and violence, including early identification of violence and illegal drug use, assessment, and direct or group counseling services provided to students, parents, families,

and school personnel by qualified school based mental

health services providers ‘‘(iv) conflict resolution programs, including peer

mediation programs that educate and train peer mediators and a designated faculty supervisor and youth

anti-crime and anti-drug councils and activities ‘‘(v) alternative education programs or services for

violent or drug abusing students that reduce the need

for suspension or expulsion or that serve students who

have been suspended or expelled from the regular educational settings, including programs or services to assist students to make continued progress toward meeting the state academic achievement content standards

and to reenter the regular education setting ‘‘(vi) counseling, mentoring, referral services, and

other student assistance practices and programs, including assistance provided by qualified school based

mental health services providers and the training of

teachers by school based mental health services providers in appropriate identification and intervention

techniques for students at risk of violent behavior and

illegal use of drugs ‘‘(vii) programs that encourage students to seek

advice from and to confide in a trusted adult regarding

concerns about violence and illegal drug use

‘‘(viii) drug and violence prevention activities designed to reduce truancy

‘‘(ix) age-appropriate, developmentally based violence prevention and education programs that address

victimization associated with prejudice and intolerance, and that include activities designed to help students develop a sense of individual responsibility and

respect for the rights of others, and to resolve conflicts

without violence;

‘‘(x) consistent with the fourth amendment to the

Constitution of the United States, the testing of a student for illegal drug use or the inspecting of a student’s locker for weapons or illegal drugs or drug paraphernalia, including at the request of or with the consent of a parent or legal guardian of the student, if the

local educational agency elects to so test or inspect

‘‘(xi) emergency intervention services following

traumatic crisis events, such as a shooting, major acciVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00957 Fmt 6601 Sfmt 6601 E:\HR\OC\A334HR.436 pfrm07 PsN: A334HR
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dent, or a drug-related incident, that have disrupted

the learning environment ‘‘(xii) establishing or implementing a system for

transferring suspension and expulsion records, consistent with 20 U.S.C. 1232g, by a local educational

agency to any public or private elementary or secondary school ‘‘(xiii) developing and implementing character education programs as a component of a drug and violence

prevention program that take into account the views

of parents of the students for whom the program is intended and such students, such as a program described in[character education cite] ‘‘(xiv) establishing and maintaining a school safety

hotline ‘‘(xv) community-service, including communityservice performed by expelled students, and servicelearning projects ‘‘(xvi) conducting a nationwide background check

of each local educational agency employee, regardless

of when hired, and prospective employees for the purpose of determining whether the employee or prospective employee has been convicted of a crime that bears

upon the employee’s fitness— ‘‘(1) to have responsibility for the safety or

well-being of children ‘‘(2) to serve in the particular capacity in

which the employee or prospective employee is or

will be employed, or ‘‘(3) to otherwise be employed at all by the

local educational agency

‘‘(xvii) programs to train school personnel to identify warning signs of youth suicide and to create an action plan to help youth at risk of suicide

‘‘(xviii) programs that respond to the needs of students who are faced with domestic violence or child

abuse

‘‘(F) the evaluation of any of the activities authorized

under this subsection and the collection of objective data

used to assess program needs, program implementation, or

program success in achieving program goals and objectives’’

Report Language:

The Conferees support the ability of local educational

agencies to address the needs of students who are victims

of varying situations involving violence and drug abuse

(such as familial drug abuse and dating violence) and to

promote safe environments for students.

48. (School Uniforms) House bill contains no similar provision.

HR

49. (Impact Eval) Senate amendment provides for the Secretary in consultation with the National Advisory Committee to

conduct an independent biennial report with specific required elements, including data collected by the NCES under (a)(2)

955

House bill for NCES to collect data and the Secretary to report

on certain data.

HR with an amendment to insert ‘‘and drug use’’ after ‘‘combat violence’’ in (1); insert ‘‘comply with the Principles

of Effectiveness’’ after ‘‘agency programs’’ in (A); strike (A)(i)

through (v) and strike (B); in (C) insert ‘‘illegal’’ before ‘‘presence’’ and strike ‘‘firearms’’ and insert ‘‘weapons’’; and

in (D) strike ‘‘voluntary’’. 50. (State Report) Similar provisions, but House bill requires

a state report every 3 years and Senate amendment requires a

state report every 2 years.

HR

51. (LEA Report) Similar provisions, but Senate amendment

contains a January 1 deadline.

HR

52. (Native Hawaiians) House bill contains no similar provision.

HR

53. (National Programs) House bill limits evaluation to effectiveness.

Senate amendment authorizes prevention programs.

HR with an amendment to strike ‘‘at all educational levels from preschool through the post-secondary level.’’ 54. (Coordination) Senate amendment contains a similar provision in (a).

HR

55. (National Activities) House bill addresses demonstration

and evaluation.

Senate amendment addresses information dissemination, child

abuse prevention, program evaluation, direct services, and other

activities.

HR with an amendment to strike all and insert—

‘‘SECTION 5131. NATIONAL ACTIVITIES.

* * * * * * *

‘‘(3) PROGRAMS—Activities described in paragraph (1) may

include—

‘‘(A) the development and demonstration of innovative

strategies for the training of school personnel, parents, and

members of the community for drug and violence prevention activities, based on state and local needs; ‘‘(B) the development, demonstration, scientifically

based evaluation, and dissemination of innovative and

high quality drug and violence prevention programs and

activities, based on State and local needs, which may include—;

‘‘(i) alternative education models, either established within a school or separate and apart from an

existing school, that are designed to promote drug and

violence prevention, reduce disruptive behavior, to reduce the need for repeat suspensions and expulsions,

to enable students to meet challenging State academic

standards, and to enable students to return to the regular classroom as soon as possible;

956

‘‘(ii) community service and service-learning

projects, designed to rebuild safe and healthy neighborhoods and increase students’ sense of individual responsibility;

‘‘(iii) video-based projects developed by noncommercial telecommunications entities that provide

young people with models for conflict resolution and

responsible decisionmaking; and

‘‘(iv) child abuse education and prevention programs for elementary and secondary students

‘‘(C) the provision of information on drug abuse education and prevention to the Secretary of Health and

Human Services for dissemination;

‘‘(D) the provision of information on violence prevention and education and school safety to the Department of

Justice for dissemination

‘‘(E) technical assistance to chief executive officers,

State agencies, local educational agencies, and other recipients of funding under this part to build capacity to develop

and implement high-quality, effective drug and violence

prevention programs consistent with the principles of effectiveness.

‘‘(F) assistance to school systems afflicted with especially severe drug and violence problems, including for the

hiring of drug prevention and school safety coordinators, or

to support crisis situations and appropriate response efforts;

‘‘(G) the development of education and training programs, curricula, instructional materials, and professional

training and development for preventing and reducing the

incidence of crimes and conflicts motivated by hate in localities most directly affected by hate crimes;

‘‘(H) activities in communities designated as empowerment zones or enterprise communities that will connect

schools to community-wide efforts to reduce drug and violence problems; and

‘‘(I) other activities in accordance with the purposes of

this part, based on State and local needs.’’

Report Language.—‘‘The Conferees understand that children are especially susceptible to the terrible emotional and

mental anguish that terrorist attacks can cause. The Conferees intend that crisis situations may include terrorist attacks and that the Secretary may use funds to support

school based mental health services for children and school

personnel to respond to the mental health needs resulting

from a terrorist attack.’’

56. (Peer Review) Similar provisions.

LC

57. (Gun Free Schools) Similar provisions, excepted as noted.

Senate amendment only allows modification of 1 year expulsion rule when modification is in writing.

Senate amendment denies funds to LEAs without policy,

whereas House bill affirms requirement.

957

HR with an amendment to strike ‘‘weapon’’ and insert ‘‘firearm’’ throughout and to strike Senate (Sec. 4202 (b) and

insert current law 14602(b).

58. (Gun Free Schools) Similar provisions.

LC

59. (Gun Free Schools) Similar provisions.

LC—use firearm

60. (Gun Free Schools) Senate amendment provides for an annual report from the state to the Secretary.

HR

61. (Gun Free Schools) Senate amendment provides exception

for weapon lawfully stored in vehicle or approved by LEA.

HR

62. (Gun Free Schools) Similar provisions.

LC

63. (Gun Free Schools) Similar provisions.

See Senate amendment sec. 17(d) for similar home school provision.

SR

64. (Definitions) Similar provisions.

See side-by-side HR/SR with an amendment:

Strike House section 5151(1);

Strike Senate section 4131(1);

SR to House section 5151(2), (3), (4);

HR on Senate section 4131(2)(C);

HR on Senate section 4131(3);

LC on House section 5151(5) and Senate section

4131(4);

HR on Senate section 4131(5), (6), (7);

LC on House section 5151(6) and Senate section

4131(8);

SR on House section 5151(7);

SR on House section 5151(8) with an amendment to

strike ‘‘guidance’’;

LC on House section 5151(9) [eliminate if identical to

general definition]

65. (Message and Materials) Similar provisions.

Senate amendment allows Secretary to evaluate curricula.

SR with an amendment in (a) to insert ‘‘and violence’’

after ‘‘Drug’’; to strike ‘‘is’’ after ‘‘drugs’’; and to insert ‘‘and

acts of violence are’’ after ‘‘drugs’’.

SR on (b).

66. (Parental Consent) Senate amendment contains no similar

provision.

SR

67. (Prohibited Uses) Similar provisions.

HR with an amendment to strike ‘‘alcohol, tobacco, or’’

68. (IDEA) House bill requires each State to require LEAs to

have a policy permitting school personnel to discipline children

with a disability and without a disability in the same manner in

situations involving weapons, illegal drugs or controlled substances, or aggravated assault or battery.

Senate amendment allows SEAs and LEAs to implement uniform policies regarding discipline and order for all children.

958

HR/SR to strike both

69. (IDEA) House bill and Senate amendment allow disciplinary action to be modified on a case-by-case basis.

HR/SR to strike both

70. (IDEA) Similar provisions.

HR/SR to strike both

71. (IDEA) House bill allows educational services to cease if

the State does not require continued services for children with children without disabilities who are expelled or suspended.

Senate amendment requires continuation of services when the

behavior is a manifestation of the child’s disability. If behavior is

not a manifestation of the child’s disability, the same disciplinary

procedures that would apply to a non-disabled child may be applied.

HR/SR to strike both

72. (IDEA) House bill contains no similar provision.

SR

73. (IDEA) Senate amendment contains no similar provision.

HR

74. (IDEA) House bill contains no similar provision.

SR

75. (Coordinator Initiative) House bill contains no similar provision.

HR with an amendment to include this initiative as an

allowable program under the national authority.

76. (Advisory Committee) House bill contains no similar provision.

HR and include the following as Report Language:

The Conferees intend that the Advisory Council provide

advice to the Secretary regarding the improvement of drug

and violence prevention programs, and that grant-making

authority rests solely with the Secretary.

77. (Hate Crime) House bill contains no similar provision.

HR

78. (Domestic Violence) House bill contains no similar provision.

HR with an agreement to move to Subpart 17 of Title V,

Part D (FIE).

79. (Community Service) House bill contains no similar provision.

HR with an amendment to include this initiative as an

allowable program under the national authority.

80. (Suicide Prevention) House bill contains no similar provision.

SR

81. (Mental Health) House bill contains no similar provision.

HR with an agreement to move redrafted provision to

Subpart 14 of Title V, Part D (FIE).

82. (Quality Rating) House bill contains no similar provision.

SR

83. (School Safety and Violence Prevention) House bill contains

no similar provision, but generally is duplicative of Safe and Drugfree state grants program.

SR

959

84. (School Uniforms) House bill contains no similar provision.

SR

85. (Discipline Records Transfers) House bill contains similar

provision; see House bill section 5115(b)(2)(O), p. 33, Note #47.

HR

86. (Background Checks) House bill contains no similar provision.

HR

87. (Reporting of School Violence) House bill contains a similar

use of funds in state grant program; see House bill section

5115(b)(2)(R), p.33, Note #47

SR

88. (Security Technology Center) House bill contains no similar

provision.

HR with an amendment to include this initiative as an

allowable program under the national authority.

89. (Local Security Program) House bill contains no similar

provision.

SR with an amendment to include as an allowable use

of local funds subject to the 20 percent cap.

90. (Advisory Report) House bill contains no similar provision.

SR

91. (School Safety Enhancement) House bill contains no similar

provision.

SR

92. (National Center for School and Youth Safety) House bill

contains no similar provision.

HR with an amendment to include this initiative as an

allowable program under the national authority.

93. (Safe Communities, Safe Schools) House bill contains no

similar provision.

SR

94. (Environmental Tobacco) House bill contains no similar

provision.

HR

95. (Environmental Tobacco) House bill contains no similar

provision.

HR

96. (Environmental Tobacco) House bill contains no similar

provision.

HR

97. (Alcohol Abuse) House bill contains no similar provision.

HR with an amendment to include this initiative as an

allowable program under the national authority.

Title V, Part A, Subpart 2—21st Century Schools

(New Title IV, Part B)

1. Senate amendment maintains both the 21st Century Community Learning Centers program and the Safe and Drug-Free

Schools and Communities as separate programs.

House bill includes both programs under one act.

SR with an amendment to make it a separate part.

960

2. Similar provisions, but House bill focuses services on students, and Senate amendment includes families and students.

HR to Senate purpose.

HR with an amendment to add ‘‘counseling programs’’ in

list under (2).

HR with an amendment to strike in (3) ‘‘lifelong learning

and’’ and add ‘‘ and related educational’’ after ‘‘literacy’’.

Report Language:

The Conferees recognize that counseling programs may

include mental health services.

3. Senate amendment authorizes awards to CLCs that serve

students who primarily attend schoolwide schools or schools with

a high percentage of students from low income families.

SR

(House bill primarily targets schools eligible for schoolwide

programs under section 1114 in state application—see section

5122.)

4. Both House bill and Senate amendment provide for reservations and continuation grants—see House bill section 5111 (4).

Senate amendment allows 1% for outlying areas and BIA.

HR

5. Both House bill and Senate amendment send funds to States

based on a formula. House bill sends funds based 50% on schoolage population and 50% on Title I, part A.

Senate amendment sends funds based on Title I, part A.

Similar provisions.

Similar provisions—see House bill section 5151 (9).

HR

6. Senate amendment contains no similar provision.

SR

7. Senate amendment contains no similar provisions.

SR

8. Senate amendment contains no similar provision.

SR with an amendment to allow 2% for state administration.

9. House bill allows 4% for monitoring, evaluations, and technical assistance.

SR with amendment to include Senate section 1607(b)(1)

(A) and (B) to House 5121(c)(2).

SR with an amendment to include Senate 1607(b)(2) to

House 5121 (c)(3) (A) and (B) with 3% for State activities.

Senate amendment allows 3% for planning, peer review, and

supervision and 3% for evaluation, training, and technical assistance.

10. House bill and Senate amendment contain similar provisions, additionally:

HR/SR with an amendment to insert the following language:

‘‘SEC. 5122. STATE APPLICATION.

‘‘(a) IN GENERAL.—In order to receive an allotment under section 5121(a) for any fiscal year, a State Educational Agency shall

submit to the Secretary, at such time as the Secretary may require,

an application that—

961

‘‘(1) designates the State educational agency as the agency

responsible for the administration and supervision of programs

assisted under this part; ‘‘(2) describes how the State Educational Agency will use

funds received under this part, including funds reserved for

State-level activities; ‘‘(3) contains an assurance that the State Educational

Agency will make awards under this part only to eligible entities that propose to serve— ‘‘(A) students who primarily attend— ‘‘(i) schools eligible for schoolwide programs under

section 1114; or ‘‘(ii) schools that serve a high percentage of students from low-income families; and

‘‘(B) the families of students described in subparagraph (A);

‘‘(4) describes the procedures and criteria the State Educational Agency will use for reviewing applications and awarding funds to eligible entities on a competitive basis, which shall

include procedures and criteria that take into consideration the

likelihood that a proposed center will help participating students meet local content and performance standards by increasing their academic performance and achievement; ‘‘(5) describes how the State Educational Agency will ensure that awards made under this part are— ‘‘(A) of sufficient size and scope to support high-quality, effective programs that are consistent with the purpose

of this part; and ‘‘(B) in amounts that are consistent with section

[1608(b)];

‘‘(6) describes the steps the State Educational Agency will

take to ensure that programs implement effective strategies,

including providing ongoing technical assistance and training,

evaluation, and dissemination of promising practices;

‘‘(7) describes how funds under this part will be coordinated with programs under this Act, and other programs; as

appropriate, in accordance with the provisions of section 8306;

‘‘(8) contains an assurance that the State Educational

Agency—

‘‘(A) will make awards for programs of 3 to 5 year duration; and

‘‘(B) will require each eligible entity seeking such an

award to submit a plan describing how the center to be

funded through the award will continue after funding

under this part ends;

‘‘(9) contains an assurance that funds appropriated to

carry out this part will be used to supplement, and not supplant, other Federal, State, and local public funds expended to

provide programs and activities authorized under this part and

other similar activities;

‘‘(10) contains an assurance that the State Educational

Agency will require eligible entities to describe in their applications under section 1609 how the transportation needs of participating students will be addressed;

962

‘‘(11) provides an assurance that the application was developed in consultation and coordination with appropriate State

officials, including the chief State school officer, and other state

agencies administering before and after school (including during summer recess periods) programs, the heads of the State

health and mental health agencies or their designees, representatives of teachers, parents, students, the business community, and community-based organizations;

‘‘(12) describes the results of the State’s needs and resources assessment for before and after school activities, which

shall be based on the results of on-going State evaluation activities;

‘‘(13) describes how the State Educational Agency will

evaluate the effectiveness of programs and activities carried

out under this part which shall include at a minimum—

‘‘(A) a description of the performance indicators and

performance measures that will be used to evaluate programs and activities; and

‘‘(B) public dissemination of the evaluations of programs and activities carried out under this part; and

‘‘(14) provides for timely public notice of intent to file application and an assurance that the application will be available for public review after submission of the application.’’

House bill primary targets students at schoolwide eligible schools.

Senate amendment targets students who attend

schoolwide schools or schools with students from low-income families.

Similar provisions are aligned.

See House bill sec. 5123(d).

See House bill sec 5123(b).

11. No similar Senate amendment provision.

SR with amendment to strike House language and insert

the following language:

‘‘(b) GENERAL APPROVAL.—A State educational agency’s application submitted pursuant to subsection (a) shall be deemed to be

approved by the Secretary unless the Secretary makes a written

determination, prior to the expiration of the 120 day period beginning on the date that the Secretary receives the application, that

the application is in violation of this part.

‘‘(c) DISAPPROVAL.—The Secretary shall not finally disapprove

an application, except after giving the State educational agency notice and opportunity for a hearing.

‘‘(d) SPECIAL RULE.—If the Secretary finds that the application

is not in compliance, in whole or in part, with the provisions of this

part, the Secretary shall:

‘‘(1) implement the procedures described in subsection (c);

and

‘‘(2) notify the State educational agency of the findings of

non-compliance where such notification shall—

‘‘(A) cite the specific provisions in the application that

are not in compliance; and

963

‘‘(B) request additional information, only as to those

noncompliant provisions, needed to make the application

compliant.

‘‘(e) If the State educational agency does not respond to the notification described in subsection (d)(2) within 45 days, such application is not approved.

‘‘(f) If the State educational agency does respond to the Secretary’s notification described in subsection (d)(2) within 45 days

with the requested information necessary to make the application

compliant, the Secretary shall approve or disapprove such application not later than 45 days following its resubmission or the end

of the 120 period described in subsection (b), whichever is later.’’

12. House bill distributes 95% to the local level. Senate amendment distributes 94% to the local level.

SR

13. House bill and Senate amendment contain similar provisions aligned, additionally:

House bill includes principles of effectiveness requirements and

limits to before and after school activities.

HR/SR with an amendment to insert the following language: (APPLICATION) SECTION 5125

‘‘(b) ELIGIBILITY.—

‘‘(1) IN GENERAL.—To be eligible to receive an award under

this part, an eligible entity shall submit an application to the

State at such time, in such manner, and including such information as the State may reasonably require. Each such application shall include—

‘‘(A) a description of the before and after school activity to be funded including—

‘‘(i) an assurance that the program will take place

in a safe and easily accessible facility;

‘‘(ii) a description of how students participating in

the program carried out by the center will travel safely to and from the center and home;

‘‘(iii) a description of how the eligible applicant

will disseminate information about the project (including its location) to the community in a manner that is

understandable and accessible.

‘‘(B) a description of how the activity is expected to improve student academic performance;

‘‘(C) an identification of Federal, State, and local programs that will be combined or coordinated with the proposed program in order to make the most effective use of

public resources;

‘‘(D) an assurance that the proposed program was developed, and will be carried out, in active collaboration

with the schools the students attend;

‘‘(E) a description of how the activity will meet the

principles of effectiveness described in [section 5124];

‘‘(F) an assurance that the program will primarily target students who attend schools eligible for schoolwide programs under section 1114 and the families of such students;

964

‘‘(G) an assurance that funds under this part will be

used to increase the level of State, local, and other nonFederal funds that would, in the absence of funds under

this part, be made available for programs and activities

authorized under this part; and in no case supplant Federal, State, local, or non-Federal funds;

‘‘(H) a description of the partnership between a local

educational agency, a community-based organization, and

another public entity or private entity, if appropriate;

‘‘(I) an evaluation of the needs, available resources,

and goals and objectives for the proposed community

learning center and a description of how the program proposed to be carried out in the center will address those

needs (including the needs of working families); and

‘‘(J) a demonstration that the eligible entity has experience, or promise of success, in providing educational and

related activities that will complement and enhance the

students’ academic performance and achievement and positive youth development;

‘‘(K) a description of a preliminary plan for how the

center will continue after funding under this part ends;

and

‘‘(L) an assurance that the community will be given

notice of an intent to submit an application and that the

application and any waiver request will be available for

public review after submission of the application; and

‘‘(M) if the entity plans to use senior volunteers in activities carried out through the center, a description of how

the entity will encourage and use appropriately qualified

seniors to serve as the volunteers;

‘‘(N) such other information and assurances as the

State may reasonably require.’’

14. (I) appeared in an accepted amendment in the Senate

amendment, but was not executed in the correct section in the engrossed Senate amendment—see page 1185 of Senate Amendment.

HR

15. House bill and Senate amendment contain similar provisions, but Senate amendment also includes ‘‘unit of general purpose local government.’’

SR with an amendment to change ‘‘private organization’’

to ‘‘private entity’’ and move to 21st Century definitions;

and strike the ‘‘and’’ after ‘‘community-based organization,’’

16. House bill requires peer review for local applications, while

the Senate amendment authorizes 3% of a State’s allocation for

peer review, among other activities—see Senate amendment sec.

1607(b)(1).

SR

17. House bill requires equitable geographical distribution.

Senate amendment requires urban/rural equitable distribution—see Senate bill sec. 1606(5)(B).

SR with an amendment to add at end ‘‘including urban

and rural communities’’.

18. House bill provides for awards of 3–5 years.

965

Senate amendment provides for awards of up to 4 years—see

Senate sec. 1601(5)(A).

SR

19. House bill and Senate amendment contain similar provisions.

LC

20. House bill gives a priority to programs proposing to serve

students who attend schools identified as needing improvement

under section 1116 and schoolwides under section 1114.

Senate amendment gives an equal priority to title I schools,

community-based organizations, and consortia of the two.

HR with an amendment to take House language but

strike ‘‘proposing to’’ and add ‘‘that will’’.

HR with an amendment to substitute the following for

Senate language:

(b) PRIORITY.—In making awards under this part, the SEA

shall give priority to applications submitted jointly by LEAs receiving funds under Title I part A and community based organizations

or other public or private entities.

Special Rule—The SEA shall provide the same priority described in (b) to an LEA which applies and demonstrates that it is

unable to partner with a community based organization that is in

reasonable geographic proximity and of sufficient quality to meet

the requirements of this part.

21. Senate amendment allows for centers to be located outside

of a school building if accessible and as effective as school-based

program.

House bill is silent on the location of a program.

HR with an amendment to strike Senate language and

to insert the following language:

‘‘(c) APPROVAL OF CERTAIN APPLICATIONS.—The SEA may approve an application under this subpart for a program to be located

in a facility other than an elementary school or a secondary school,

only if the program will be at least as available and accessible to

the students to be served as if the program were located in the

school.’’

22. House bill contains no similar provision.

HR with an amendment to move to section 5124(c) of the

House bill, and substitute the following language:

‘‘Programs that provide after-school activities for LEP

students that emphasize language skills and academic

achievement.’’

Report Language:

The language expands the authorized activities to include those projects with emphasis on language skills and

academic achievement programs for limited English proficient students. Such activities may include activities to

successfully negotiate the classroom and school culture and

environments that may be unfamiliar to LEP children and

their families, such as standardized tests; the roles of teachers, classroom aides, and school administrators; student

conduct codes; and after-school sports, music, and clubs.

23. Senate amendment contains no similar provision.

966

SR with amendment to add at end of (1) ‘‘or may not

come from Federal or State sources’’.

24. Senate amendment contains no similar provision.

SR with an amendment to strike ‘‘extended learning opportunities’’ and add ‘‘opportunities for academic enrichment’’ in (a)(1)(B) and (a)(2) with LC to make conforming

amendments to this term.

Insert in (a)(1)(A) ‘‘(including summer school programs)’’

following ‘‘after school programs and activities’’.

25. House bill requires that activities provide for extended

learning and academic reinforcement.

HR

26. Senate amendment contains no similar provision, but see

Senate amendment sec. 1602 for similar list of activities.

SR with an amendment to insert following language:

(LOCAL ACTIVITIES) SECTION 5124

‘‘(c) AUTHORIZED ACTIVITIES.—Each eligible entity that receives

a subgrant under this part may use such funds to carry out a broad

array of activities, such as—

‘‘(1) before and after school activities (including summer

school programs) that advance student achievement,

including—

‘‘(A) remedial education activities and academic enrichment learning programs, including providing additional assistance to students in order to allow them to improve their academic achievement;

‘‘(B) math and science education activities;

‘‘(C) arts and music education activities;

‘‘(D) entrepreneurial education programs;

‘‘(E) tutoring services (including those provided by senior citizen volunteers) and mentoring programs;

‘‘(F) recreational activities;

‘‘(G) telecommunications and technology education programs;

‘‘(H) expanded library service hours;

‘‘(I) programs that promote parental involvement and

family literacy; and

‘‘(J) programs that provide assistance to students who

have been truant, suspended, or expelled to allow them to

improve their academic achievement; and

‘‘(K) drug and violence prevention programs, counseling programs, and character education programs; and

‘‘(2) establishing or enhancing programs or initiatives that

improve academic achievement.’’

27. Similar definitions aligned:

House bill assists students, while the Senate amendment assists students and families of such students.

See House bill section 5122(a)(1).

HR with an amendment.

HR on ‘‘(2) Covered Program’’.

SR on ‘‘(4) State’’.

Insert the following language:

Definition of Community Learning Center:

967

For the purpose of this part, a ‘community learning center’ is

an entity that assists students to meet state and local academic

achievement standards in core academic subjects, such as reading

and mathematics, by providing them with opportunities for academic enrichment activities and a broad array of other activities

(such as drug and violence prevention, counseling, art, music,

recreation, technology, and character education programs) during

non-school hours or periods when school is not in session (such as

before and after school or during summer recess) that reinforce and

complement the regular academic programs of the schools attended

by the students served; and offers families of students served in

such center opportunities for literacy and related educational development.

28. House bill authorizes $900 million for fy2002 and such

sums for 4 following years—see House bill sec. 5003.

Senate amendment authorizes $1.5 billion for fy 2002 and such

sums for following 6 years.

HR to strike and insert the following authorizations—

FY02–$1.25 billion, FY03–$1.5 billion, FY04–$1.75 billion;

FY05–$2 billion, FY06–$2.25 billion, FY07–$2.5 billion

29. House bill contains no similar provisions.

SR

Title V, Part B—Enhancing Education Through Technology

(New Title II, Part D)

1. The House bill has 8 purposes and no goal. The Senate

amendment has 1 purpose and 2 goals.

HR/SR with an amendment to insert the following language:

Combination of House (1) and Senate (a):

Purposes:

‘‘To provide assistance to States and localities for the

implementation and support of a comprehensive system

that effectively uses technology in elementary and secondary schools to improve student academic achievement.’’

Maintain House (2)–(8)

Goals:

‘‘The primary goal of this part is to improve student academic achievement through the use of technology in elementary and secondary schools. The further goals of this

part are to assist every student in crossing the digital divide

by ensuring that every child is technologically literate by

the time the child finishes the 8th grade, regardless of the

child’s race, ethnicity, gender, income, geography, or disability and to encourage the effective integration of technology resources and systems with teacher training and

curriculum development to establish research-based methods that can be widely implemented into best practices by

State and local educational agencies.’’

2. The House bill authorizes the State Technology grant program for 5 years. The Senate amendment authorizes it for 7 years.

LC

968

3. The House bill includes $24.5 million for the Ready To

Learn, Ready To Teach program in this section. The Senate amendment includes $50 million for a Ready to Learn program in section

11209 and $45 million for a Ready To Teach program in section

11258.

HR/SR with an amendment to strike all language. (See

notes 78–82).

4. The House bill provides that not more than 5 percent may

be made available for activities of the Secretary under subpart 2.

The Senate amendment provides that not more than .5 percent of

the funds appropriated under subsection (a) may be used for the

activities of the Secretary under section 2311.

SR with an amendment to strike 5% and insert 2%.

5. The House bill reserves $15 million out of national activities

for a national technology study, but allows for other uses of funds

out of national activities. The Senate amendment requires all funds

under section 2311 to be used for an independent longitudinal

study of effective uses of technology.

SR (LC to draft legislative language)

Policy: No more than 15 million over the course of authorization.

6. The Senate amendment limits recipients to using not more

than 5 percent of the funds made available under this part for administrative costs or technical assistance. The House bill allows

States to use up to 5 percent of their allocation for State activities

under section 5215(b), of which only 40 percent may be for administrative costs.

HR with an amendment to insert ‘‘5% total, up to 3% administration’’. 7. The House bill and Senate amendment have completely different definitions.

SR with an amendment to move House (1) to General

Provisions;

Strike ‘‘scientifically-based research’’ (3)(A) and insert ‘‘a

review of relevant research’’;

At end of (4)(A) insert ‘‘and’’ and strike ‘‘and’’ in (4)(B)

and insert ‘‘or’’.

LC—ensure that language is drafted so that the LEA is

the fiscal agent of an eligible local partnership.

8. Also, see notes (32) and (43) in Title 8 for the general definitions of a ‘‘public telecommunications entity’’ and ‘‘technology.’’

SR—(see note 7).

9. The House bill has a federal to state formula based 50 percent on Title I and 50 percent on student age population. The Senate amendment has a federal to state formula based 100 percent

on Title I.

HR

10. The House bill reserves 1⁄2 of 1 percent of funds for the Bureau of Indian Affairs and outlying areas. The Senate amendment

reserves 0.75 percent for the Bureau of Indian Affairs and remains

silent on outlying areas. However, the Senate amendment includes

‘‘outlying areas’’ in its definition of a ‘‘State’’ in section. 3 Definitions.

SR with an amendment to allocate BIA .75 percent

969

11. The Senate amendment allows continuation grants for sections 3136 and 3122. Under section 5212, the House bill allows

two-year (or the duration of the original grant period if shorter)

continuation grants for section 3132 (a)(2).

HR with an amendment to strike reference to section

3122.

12. The House bill and Senate amendment have similar reallotment of unused funds provisions.

SR

13. The Senate amendment prohibits a State whose minimum

is below 1⁄2 of 1 percent to receive a grant. The House bill prohibits

a State grant to be less than 1⁄2 of 1 percent.

SR with an amendment to allocate BIA .75 percent

14. The Senate amendment, but not the House bill, requires

the Secretary to give priority when awarding grants to SEAs whose

applications outline a strategy to carry out part E.

SR

15. The House bill requires the States to send out 60 percent

of the funds to the LEAs based on Title I and to compete the remaining 40 percent. The Senate amendment requires the States to

compete 100 percent of funds.

SR with an amendment to strike ‘‘60’’ in Sec. 5212

(a)(2)(A) and insert ‘‘50’’; and strike ‘‘40’’ in Sec. 5212(a)(2)(B)

and insert ‘‘50’’; insert the following Special Rule: ‘‘(x)(1) SPECIAL RULE.—In awarding a grant under section

(competitive pot) the State educational agency shall— ‘‘(A) determine which local educational agencies received an

allocation under section (formula pot) that is not of sufficient

size so as to allow for an effective and sufficient investment

consistent with the purpose of this part; ‘‘(B) give a priority to applications which received the

amount described in subparagraph (A); and ‘‘(C) determine the minimum amount for awards under section (competitive pot) to ensure grants are of sufficient size so

as to be effective.

‘‘(2) INSUFFICIENT AMOUNT.—The State educational agency

shall determine the sufficiency of amounts described in paragraph

(1)(A) by taking into consideration the amount received by local

educational agencies under section (formula pot) and whether such

amount is of sufficient size so as to allow for an effective and sufficient investment consistent with the purpose of this part.’’ 16. The Senate amendment includes Sufficiency, Priority, Distribution, and Technical Assistance language under this section.

The House bill includes similar ‘‘Sufficiency’’ and ‘‘Technical Assistance’’ language in section 5213 (8) and (9). The House bill has no

Priority language under this section but places some emphasis on

high-need LEAs in section 5213(b)(3). The House bill has no Distribution language.

HR with an amendment to strike (C).

17. The House bill includes Continuation of Award language

under this section.

HR

18. Although similar in some instances, the House bill and

Senate amendment have different State Application requirements.

970

HR/SR with an amendment to:

Maintain House (a);

Combine House (b) with Senate (1–8);

Insert the following language for notes 18–28: ‘‘State Applications

‘‘Each State application submitted under this section shall include the following: ‘‘(1) an outline of the State’s long-term strategies for improving student academic achievement including technology literacy, through the effective use of technology in classrooms

throughout the State, including through improving the capacity of teachers to effectively integrate technology into the curricula and instruction; ‘‘(2) a description of the State’s goals for using advanced

technology to improve student achievement aligned to challenging State academic standards and student academic

achievement standards; ‘‘(3) a description of how the State will take steps to ensure

that all students and teachers in the State, particularly those

residing in or teaching in districts served by high-need local

educational agencies, have increased access to technology; ‘‘(4) a description of the process and accountability measures that the State would use to evaluate the effectiveness of

the integration of technology; ‘‘(5) a description of how the State would encourage the development and utilization of innovative strategies for the delivery of specialized or rigorous curricula through the use of technology and distance learning technologies, particularly for

those areas of the State that would not otherwise have access

to such courses and curricula due to geographical isolation or

insufficient resources; ‘‘(6) an assurance that financial assistance provided under

this subpart shall supplement, and not supplant, State and

local funds;

‘‘(7) a description of how the plan incorporates teacher education, professional development and curricular development,

and how the State would work to ensure that teachers and

principals in a State receiving funds under this part are technologically literate;

‘‘(8) a description of how the State educational agency

would provide technical assistance to applicants, especially

those with the highest number or percentage of children in

poverty or with the greatest need for technical assistance and

(its) capacity for providing such assistance;

‘‘(9) a description of technology resources and systems for

the purpose of establishing best practices that can be widely

implemented by State and local educational agencies;

‘‘(10) a description of long-term strategies for financing

technology to ensure that all students, teachers, and classrooms would have access to technology;

‘‘(11) a description of strategies for using technology to increase parental involvement;

‘‘(12) a description of how the SEA would ensure that each

grant awarded using funds described under section

971

5212(a)(2)(B) is of sufficient duration, and of sufficient size,

scope, and quality, to carry out the purpose of this part effectively;

‘‘(13) a description of how the State will ensure ongoing integration of technology into instructional strategies and school

curricula in all schools in the State, so that technology will be

fully integrated into those schools by December 31, 2006; and

‘‘(14) a description of how the local educational agency will

provide incentives to teachers who are technologically literate

to encourage such teachers to remain in rural and urban areas,

if applicable.

‘‘(15) a description of how public and private entities would

participate in the implementation and support of the plan.’’

19. The House bill and Senate amendment have similar language regarding long-term strategic plans.

HR/SR—See note 18.

20. The House bill and Senate amendment have similar language regarding the use of technology to improve student academic

achievement and the teachers’ ability to incorporate technology into

the curricula and instruction.

HR/SR—See note 18.

21. The Senate amendment has duplicative provisions regarding teacher training, curricular development and use of technology

resources and systems. See provisions (2) and (8). The House bill

has no similar provisions.

HR/SR—See note 18.

22. The Senate amendment includes a provision regarding parental involvement. The House bill mentions it as an allowable

State activity in section 5215(a)(3)(B)(i).

HR/SR—See note 18.

23. The Senate amendment requires States to develop a technology financing strategy to provide access to all students, teachers, and classrooms. The House bill requires States to describe how

they will ensure increased access for all students and teachers particularly in high-need LEAs. The House bill also has language in

section 5215(a)(2) on creating public-private partnerships to help

high-need districts acquire technology.

HR/SR—See note 18.

24. The Senate amendment requires participation by private

school teachers and students. The House bill has similar participation requirements in the General Provisions (title 8). See note 97.

HR/SR—See note 18.

25. The House bill and Senate amendment have similar supplement not supplant language.

HR/SR—See note 18.

26. The Senate amendment, but not the House bill, gives the

Secretary the option to require other information on how States

will provide assistance to LEAs that have the highest numbers or

percentages of children and demonstrate the greatest need for technology, in order to improve student academic achievement.

HR/SR—See note 18.

27. The House bill has more specific language than the Senate

amendment on the integration of technology, including a goal of

972

December 31, 2006, accountability for such integration and its impact on student academic achievement.

HR/SR—See note 18.

28. The House bill, but not the Senate amendment, requires

the States to describe how they will encourage distance learning

and the delivery of specialized and rigorous academic courses, particularly for those areas that would not otherwise have access to

such courses and curricula due to geographic isolation or lack of resources.

HR/SR—See note 18.

28. The House bill, but not the Senate amendment, has a goal

of teachers and principals being computer-literate and proficient

(as determined by the State) by December 31, 2006.

HR/SR—See note 18.

29. The House bill, but not the Senate amendment, includes

Deemed Approval, Disapproval and Dissemination of Information

on State Applications language.

SR with amendment (this agreement would be based on

the agreement to have one policy throughout the bill on this

issue and is what we agreed to in 21st Century Community

Learning Centers Note #11) to strike House language and to

insert language to read as follows:

‘‘(b) GENERAL APPROVAL.—A State educational agency’s application submitted pursuant to subsection (a) shall be deemed to be

approved by the Secretary unless the Secretary makes a written

determination, prior to the expiration of the 120 day period beginning on the date that the Secretary receives the application, that

the application is in violation of this part.

‘‘(c) DISAPPROVAL.—The Secretary shall not finally disapprove

an application, except after giving the State educational agency notice and opportunity for a hearing.

‘‘(d) SPECIAL RULE.—If the Secretary finds that the application

is not in compliance, in whole or in part, with the provisions of this

part, the Secretary shall:

‘‘(1) implement the procedures described in subsection (c);

and

‘‘(2) notify the State educational agency of the findings of

non-compliance where such notification shall—

‘‘(A) cite the specific provisions in the application that

are not in compliance; and

‘‘(B) request additional information, only as to those

noncompliant provisions, needed to make the application

compliant.

‘‘(e) If the State educational agency does not respond to the notification described in subsection (d)(2) within 45 days, such application is not approved.

‘‘(f) If the State educational agency does respond to the Secretary’s notification described in subsection (d)(2) within 45 days

with the requested information necessary to make the application

compliant, the Secretary shall approve or disapprove such application not later than 45 days following its resubmission or the end

of the 120 day period described in subsection (b), whichever is

later.’’

973

30. Although similar in many instances, the House bill and

Senate amendment have different application requirements.

HR/SR with an amendment to insert the following language for notes 30–48: And insert at the very end of the

Technology section the Internet Filtering language verbatim from the FY 01 Omnibus Appropriations bill.

‘‘LOCAL APPLICATION

‘‘Each local application described in this section shall include

the following:

‘‘(1) A description of how the applicant will use Federal

funds provided under this subpart to improve the academic

achievement, including technology literacy, of all students and

to improve the capacity of all teachers to provide instruction

through the use of technology.

‘‘(2) A description of the applicant’s specific goals for using

advanced technology to improve student achievement aligned

to challenging State academic content and student academic

achievement standards.

‘‘(3) A description of how the applicant will take steps to

ensure that all students and teachers in schools served by the

local educational agency have increased access to educational

technology, including how it would use funds under this subpart, such as in combination with other funds, to help ensure

that students in high poverty and high needs schools, or

schools identified for improvement under section 1116, have access to technology and teachers are prepared to integrate technology effectively into instruction.

‘‘(4) A description of how the applicant will—

‘‘(A) promote teaching strategies and curricula, based

on a review of relevant research, which effectively integrate technology into instruction, leading to improvements

in student academic achievement as measured by challenging State academic content and student academic

achievement standards; and

‘‘(B) provide ongoing, sustained professional development for teachers, principals, administrators, and school library media personnel served by the local educational

agency to further the effective use of technology in the

classroom or library media center, and if applicable include

a list of those entities that will partner with the local educational agency in providing ongoing sustained professional development;

‘‘(5) A description of the type and costs of technologies to

be acquired, including services, software, and digital curricula,

including specific provisions for interoperability among components of such technologies.

‘‘(6) A description of how the local educational agency will

coordinate the technology provided pursuant to this part with

other grant funds available for technology from other Federal,

State, and local sources.

‘‘(7) A description of how the applicant will integrate technology (including software and other electronically delivered

974

learning materials) across the curriculum and a time line for

such integration.

‘‘(8) A description of how the applicant will encourage the

development and utilization of innovative strategies for the delivery of specialized or rigorous academic courses and curricula

through the use of technology and distance learning, particularly for those areas that would not otherwise have access to

such courses and curricula due to geographical isolation or insufficient resources.

‘‘(9) A description of how the local educational agency will

ensure the effective use of technology to promote parental involvement and increase communication with parents, including

a description of how parents will be informed of the use of

technologies so that the parents are able to reinforce at home

the instruction their child receives at school.

‘‘(10) A description of how programs will be developed in

collaboration with existing adult literacy service providers to

maximize the use of such technologies.

‘‘(11) A description of the accountability measures and

process the applicant will use for the evaluation of the extent

to which funds provided under this subpart were effective in

integrating technology into school curriculum, increasing the

ability of teachers to teach, and enabling students to meet

challenging State academic content and student academic

achievement standards.

‘‘(12) A description of the supporting resources, such as

services, software, other electronically delivered learning materials, and print resources, that will be acquired to ensure successful and effective uses of technologies.’’

31. The House bill and Senate amendment require an application that is consistent with the objectives found in the state-wide

plan.

HR/SR—See note 30.

32. The House bill and Senate amendment require an explanation of how technology will improve student academic achievement and classroom instruction. The Senate amendment also includes improving technology literacy to that requirement.

HR/SR—See note 30.

33. The Senate amendment requires grantees to have reviewed

relevant research. The House bill requires ‘‘scientifically-based research’’ in several provisions.

HR/SR—See note 30.

34. The House bill and Senate amendment require information

about how technology will be integrated into the curriculum. However, the House bill requires a timeline and attention to emerging

technologies.

HR/SR—See note 30.

35. The Senate amendment requires technology to improve parental involvement and communication. The House bill has parental involvement language in sections 5215(a)(3)(B)(i) and

5216(a)(2)(i).

HR/SR—See note 30.

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36. The Senate amendment, but not the House bill, requires

parents to be informed of technology uses so it can be reinforced

at home.

HR/SR—See note 30.

40. The Senate amendment requires information on what type

of technology is acquired and how it will be interoperable. The

House bill only requires interoperability with previous title III

technology funds.

HR/SR—See note 30.

41. The House bill and Senate amendment focus on professional development. However, the House bill focuses on teachers

and principals, while the Senate amendment focuses on teachers,

administrators, and library staff. The Senate amendment also requires a list of partner entities that provide professional development.

HR/SR—See note 30.

42. The Senate amendments, but not the House bill requires

a description of the projected cost of technologies to be acquired

and related expenses needed to implement the plan.

HR/SR—See note 30.

43. The House bill and Senate amendment require coordination

with other Federal, State and local funds. The House bill specifically references titles II, IV, IDEA, and Vocational Education.

HR/SR—See note 30.

44. The House bill and Senate amendment somewhat similar

language requiring an evaluation of how technology was integrated

into the curriculum and its impact on teaching and students meeting State standards. The Senate amendment has duplicative evaluation in section 2308(a).

HR/SR—See note 30.

45. The Senate amendment requires participation by private

school teachers and students. The House bill has similar participation requirements in the General Provisions (title 8). See note 97.

HR/SR—See note 30.

46. The House bill, but not the Senate amendment, requires

applicants to take steps to ensure that all student and teachers,

particularly those in high-poverty and high-need schools, have increased access to technology.

HR/SR—See note 30.

47. The House bill, but not the Senate amendment, requires

the local applicants to describe how they will encourage distance

learning and the delivery of specialized and rigorous academic

courses, particularly for those areas that would not otherwise have

access to such courses and curricula due to geographic isolation or

lack of resources.

HR/SR—See note 30.

48. The House bill, but not the Senate amendment, has a second requirement for consistency with State-wide technology priorities and requires integration with previous technology funds.

HR/SR—See note 30.

49. The Senate amendment, but not the House bill, includes

language on the Formation of Consortia and Coordination of Application Requirements.

976

SR with an amendment to add the following at the end

of Sec. 5212. Use of Allotment by State . . .

‘‘Special Rule: A local educational agency for any fiscal year

may apply for financial assistance as part of a consortium with

other local educational agencies, institutions of higher education,

educational service agencies, libraries, or other educational entities

appropriate to provide local programs. The State educational agency may assist in the formation of consortia among local educational

agencies, institutions of higher education, educational service agencies, libraries, or other appropriate educational entities to provide

services for the teachers and students in a local educational agency

at the request of such local educational agency.’’

LC—ensure that language is drafted so that the LEA is

the fiscal agent of the consortium.

50. The House bill, but not the Senate amendment, includes a

section on State Activities. See notes (6), (22), (23) and (35).

SR with an amendment to insert ‘‘or other technologies’’

after ‘‘Internet’’ in (3)(B)(i); Strike (b).

51. Under this section, the House bill allows States to help

LEAs provide access to technology to all students, including students with disabilities and limited English proficiency.

SR

52. Under this section, the House bill allows States to provide

greater access to technology through libraries and with the support

of the private sector. The Senate amendment requires States to describe how libraries can help increase access to technology under

section 2305(4) and allows libraries to be part of a consortium with

LEAs under section 2307(b). The Senate amendment also retains

the Community Technology Centers as a separate program.

HR with an amendment to strike requirement that

States describe how libraries can help increase access to

technology under section 2305(4).

53. Under this section, the House bill allows States to collaborate with other States on distance learning.

SR

54. Although similar in substance, the House bill and Senate

amendment have different local uses of funds.

HR/SR with an amendment to insert the following language for notes 54–67:

‘‘LOCAL ACTIVITIES

‘‘(a) PROFESSIONAL DEVELOPMENT.—A recipient of funds made

available under section 5212(a)(2)(A) shall use not less than 25 percent of such funds to provide ongoing, sustained and intensive,

high-quality professional development, consistent with section 2033

(as applicable), in the integration of advanced technologies (including emerging technologies) into curriculum and in using those technologies to create new learning environments, such as professional

development in the use of technology to—

‘‘(1) access data and resources to develop curricula and instructional materials;

‘‘(2) enable teachers—

977

‘‘(i) to use the Internet and other technology to communicate with parents, other teachers, principals, and administrators; and ‘‘(ii) to retrieve Internet-based learning resources; and ‘‘(3) lead to improvements in classroom instruction in the

core academic subject areas, which effectively prepare students

to meet challenging State academic content and student academic achievement standards, including increasing student

technology literacy.

WAIVER.—Subsection (a) does not apply to a recipient of funds

under section 5212(a)(2)(A) that demonstrates, to the satisfaction of

the State educational agency, that such recipient already provides

sustained and intensive, high quality professional development to

all teachers in core curriculum subjects based on review of relevant

research in the integration of technology (including emerging technologies) into the curriculum. ‘‘(b) OTHER ACTIVITIES.—In addition to the activities described

in subsection (a), a recipient of funds distributed by a State under

section 5212(a)(2)(A) shall use such funds to carry out other activities consistent with this subpart, which may include the following: ‘‘(1) The establishment or expansion of initiatives, particularly those involving public-private partnerships, designed to

increase access to technology for students and teachers, with

special emphasis on the access of high-need schools to technology. ‘‘(2) Adapting or expanding existing and new applications

of technology to enable teachers to increase student academic

achievement including technology literacy through the use of

teaching practices that are based on a review of relevant research and are designed to prepare students to meet challenging State academic content and student academic achievement standards, and for developing and utilizing innovative

distance education strategies to deliver rigorous academic programs to areas who otherwise would not have access to such

courses.

‘‘(3) Acquiring proven and effective curricula that include

integrated technology and are designed to help students

achieve challenging State academic content and student academic achievement standards.

‘‘(4) Utilizing technology to develop or expand efforts to

connect schools and teachers with parents and students to promote meaningful parental involvement and foster increased

communication about curriculum, assignments, and assessments between students, parents, and teachers, and assist parents to understand the technology being applied in their child’s

education so that parents are able to reinforce their child’s

learning.

‘‘(5) Preparing one or more teachers in elementary and secondary schools as technology leaders who are provided with the

means to serve as experts and train other teachers in the effective use of technology and providing bonus payments to recognized technology leaders.

‘‘(6) Acquiring, adapting, expanding, implementing, repairing and maintaining existing and new applications of techVerDate 11-MAY-2000 22:35 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00981 Fmt 6601 Sfmt 6601 E:\HR\OC\A334HR.450 pfrm07 PsN: A334HR
978

nology, to support the school reform effort and improve student

academic achievement, including technology literacy. ‘‘(7) Acquiring connectivity linkages, resources, and services, including the acquisition of hardware and software and

other electronically delivered learning materials, for use by

teachers, students, academic counselors, and school library

media personnel in the classroom, in academic and college

counseling centers, or in school library media centers, in order

to improve student academic achievement; ‘‘(8) Using technology to collect, manage, and analyze data

to inform and enhance teaching and school improvement efforts.‘‘(9) Implementing enhanced performance measurement

systems to determine the effectiveness of education technology

programs funded under this subpart, particularly in determining the extent to which education technology funded under

this subpart has been successfully integrated into teaching

strategies and school curriculum, has increased the ability of

teachers to teach, and has enabled students to meet challenging State academic content and student academic achievement standards. ‘‘(10) Developing, enhancing or implementing information

technology courses.’’ 55. The House bill requires that local educational agencies use

at least 20 percent of their allocated funds for professional development predicated on scientifically based research and linked with

professional development under Title II. The Senate amendment

requires that local educational agencies use at least 30 percent of

their allocated funds for professional development.

HR/SR—See note 54.

56. The House bill has more specific requirements of professional development funds than the Senate amendment and allows

States to waive the 20 percent requirement for LEAs that demonstrate that they are doing enough already on professional development.

HR/SR—See note 54.

57. The House bill’s (c)(4) and the Senate amendment’s (a)(8)

are identical provisions.

HR/SR—See note 54.

58. The Senate amendment has duplicative provisions in (a)(3)

and (a)(9).

HR/SR—See note 54.

59. The Senate amendment, but not the House bill, has a requirement for connectivity with wide area networks. However, the

House bill allows funds to be used for acquiring technology in general.

HR/SR—See note 54.

60. The House bill allows using funds for maintaining educational technology. The Senate amendment requires using funds

to repair and maintain school technology equipment.

HR/SR—See note 54.

61. The House bill allows using funds for analyzing, collecting,

and managing data for general school reform. The Senate amendment requires it.

979

HR/SR—See note 54.

62. The House bill, but not the Senate amendment, allows

using funds for initiatives, particularly for public-private partnerships, designed to increase access for high-need LEAs.

HR/SR—See note 54.

63. The House bill, but not the Senate amendment, allows

using funds to acquire proven and effective criteria that included

integrated technology.

HR/SR—See note 54.

64. The House bill, but not the Senate amendment, allows

using funds to determine the effectiveness of technology funded

under this subpart.

HR/SR—See note 54.

65. The House bill, but not the Senate amendment, allows

funds to be used to develop teachers as technology leaders to help

train other teachers.

HR/SR—See note 54.

66. The House bill allows using funds to increase access to

technology in high-need LEAs, especially through technology centers in partnerships with libraries and private sector support. The

Senate amendment retains the Community Technology Centers.

HR

67. The Senate amendment’s allowable uses of funds include to

increase parent and teacher communication and to help parents

under the technology being used, so they can reinforce it.

HR/SR—See note 54.

68. The House bill and Senate amendment require the Secretary to conduct a similar longitudinal study. However, the House

bill includes specific provisions relating to the establishment of a

review panel under (a)(1)(C) and reporting requirements under

(a)(1)(D).

SR with an amendment to strike ‘‘the effect of . . . academic achievement;’’ and insert Senate (A) as part of House

(A) and insert Senate (B) as end part of House (A) with the

following changes: strike ‘‘performance’’ and insert ‘‘academic achievement’’ and strike ‘‘and related 21st century

skills;’’

Keep House (C) and (D), but House (D) becomes new (E);

Insert as new (D): ‘‘consult with other interested Federal

departments or agencies, State and local educational practitioners and policy makers (including teachers, principals

and superintendents) and experts in technology regarding

the study.’’

Keep Senate (b)(2).

69. The House bill, but not the Senate amendment, requires

using ‘‘scientifically based research methods and control groups.’’

SR

70. The House bill, but not the Senate amendment, includes

general language pertaining to the funding of national technology

initiatives under (a)(2) and provides for technical assistance under

(a)(3).

SR with an amendment to strike House (a)(2).

980

71. The Senate amendment includes ‘‘dissemination’’ requirements under (b)(2). The House bill includes ‘‘evaluation and dissemination’’ requirements under (b)(3).

HR

72. The House bill, but not the Senate amendment, includes

specific ‘‘use of funds’’ language under (b).

HR

73. The House bill includes ‘‘requirements for recipients of

funds’’ under (b)(2), including evaluation requirements. The Senate

amendment includes similar requirements in section 2308, which

applies to LEAs that receive competitive grants under section

2304(a)(2)(A). However, in section 2308(c) the Senate amendment

includes a specific sanction for the lack of measurable improvements within 3 years that the House bill does not.

HR/SR with an amendment to strike all language.

74. The Senate amendment, but not the House bill, includes a

separate Accountability section.

Also see note (73).

SR

75. Under this section, the Senate amendment provides technical assistance in (d). The House bill requires it under State Activities. Also see note (6).

SR

76. The Senate amendment, but not the House bill, includes

this National Evaluation of Technology Plans section.

SR with an amendment to put in national evaluation; insert ‘‘particularly in rural areas’’ after ‘‘funds’’ in (a)(3)—see

note 68.

77. The Senate amendment, but not the House bill, includes

this National Education Technology Plan section.

HR with an amendment to strike all language and insert

the following:

‘‘SEC. 2310. NATIONAL EDUCATION TECHNOLOGY PLAN.

‘‘(a) IN GENERAL.—Based on the nation’s progress and an assessment by the Secretary of the continuing and future needs of

the nation’s schools in effectively using technology to provide all

students the opportunity to achieve challenging State academic

content standards, the Secretary shall update and publish in a

form readily accessible to the public the national long-range technology plan not later than 12 months after the date of enactment

of this Act.

‘‘(b) CONTENT OF THE PLAN.—The plan shall include a description of the manner in which the Secretary will promote higher academic achievement through the integration of advanced technologies, including emerging technologies, into the curriculum, increased access to technology for teaching and learning for schools

with a high number or percentage of children from low-income families and the use of technology to assist in the implementation of

State systemic reform strategies. The plan shall also describe joint

activities of the Department of Education and other federal departments or agencies that will promote the use of technology in education.’’

Report Language:

981

The Conferees intend that the National Education Technology Plan be conducted by the Secretary in consultation

with other federal departments or agencies, State and local

education practitioners, and policymakers, including parents, teachers, principals, and superintendents, experts in

technology and the applications of technology to education,

representatives of distance learning consortia, representatives of telecommunications partnerships receiving federal

assistance and providers of technology services and products. In addition, the plan should describe the manner in

which the Secretary will work with and promote the exchange of information among educators, State and local

educational agencies, and appropriate representatives of

the private sector, including the Universal Service Administrative Company, and other relevant entities on the effective use of technology in improving teaching, academic

achievement and technology literacy. The bill requires the

Secretary to report on joint activities regarding educational

technology of the Department of Education and other federal agencies, and the Conferees intend that all relevant

federal agencies be involved. The plan must be published in

a form readily accessible to the public and submitted to the

President and the House Committee on Education and the

Workforce and the Senate Committee on Health, Education,

Labor and Pensions.

78. Although both the House bill and Senate amendment reauthorize the Ready To Learn program, each does it differently.

HR/SR with an amendment to strike all language and insert the following:

‘‘SEC. 11202. READY TO LEARN.

‘‘(a) PROGRAM AUTHORIZED.— ‘‘(1) IN GENERAL.—The Secretary is authorized to award

grants to or enter into contracts or cooperative agreements

with eligible entities described in paragraph (3) to— ‘‘(A) develop, produce, and distribute educational and

instructional video programming for preschool and elementary school children and their parents in order to facilitate

student academic achievement. ‘‘(B) facilitate the development directly, or through

contracts with producers of children and family educational television programming, of educational programming for preschool and elementary school children; and accompanying support materials and services that promote

the effective use of such programming;

‘‘(C) facilitate the development of programming and

digital content especially designed for nationwide distribution over public television stations’ digital broadcasting

channels and the Internet, containing Ready to Learnbased children’s programming and resources for parents

and caregivers;

‘‘(D) enable eligible entities to contract with entities

(such as public telecommunications entities) so that programs developed under this section are disseminated and

distributed to the widest possible audience appropriate to

982

be served by the programming; and by the most appropriate distribution technologies; and ‘‘(E) develop and disseminate education and training

materials, including interactive programs and programs

adaptable to distance learning technologies that are designed to (i) promote school readiness; and (ii) promote the

effective use of materials developed under subparagraphs

(B) and (C) among parents, teachers, Head Start providers,

Even Start providers, providers of family literacy services,

child care providers, early childhood development personnel, elementary school teachers, public libraries, and

after-school program personnel caring for preschool and elementary school children.

‘‘(2) AVAILABILITY.—In making such grants, contracts, or

cooperative agreements under this section, the Secretary shall

ensure that eligible entities make programming widely available, with support materials as appropriate, to young children,

their parents, child care workers, and Head Start providers,

Even Start providers, and providers of family literacy services

to increase the effective use of such programming. ‘‘(3) ELIGIBLE ENTITIES.—To be eligible to receive a grant

under this subsection, an entity shall be a public telecommunications entity which is able— ‘‘(A) to demonstrate a capacity for the development

and national distribution of educational and instructional

television programming of high quality which is accessible

by a large majority of disadvantaged preschool and elementary school children; ‘‘(B) to demonstrate— ‘‘(i) a capacity to contract with the producers of

children’s television programming for the purpose of

developing educational television programming of high

quality; ‘‘(ii) consistent with the entity’s mission and nonprofit nature, a capacity to negotiate such contracts in

a manner which returns to the entity an appropriate

share of any ancillary income from sales of any program-related products; and

‘‘(iii) a capacity to localize programming and materials to meet specific State and local needs and provide

educational outreach at the local level.

‘‘(4) COORDINATION OF ACTIVITIES.—An entity receiving a

grant, contract, or cooperative agreement from the Secretary

under this section shall work with the Secretary and the Secretary of Health and Human Services to—

‘‘(A) maximize the utilization of quality educational

programming by preschool and elementary school children,

and make such programming widely available to federally

funded programs serving such populations; and ‘‘(B) coordinate with Federal programs that have

major training components for early childhood development, including programs under the Head Start Act and

Even Start, and State training activities funded under the

Child Care Development Block Grant Act of 1990, regardVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00986 Fmt 6601 Sfmt 6601 E:\HR\OC\A334HR.453 pfrm07 PsN: A334HR
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ing the availability and utilization of materials developed

under paragraph (1)(E) to enhance parent and child care

provider skills in early childhood development and education. ‘‘(b) APPLICATIONS.—Each entity desiring a grant, contract, or

cooperative agreement under subsection (a) shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. ‘‘(c) REPORTS AND EVALUATION.— ‘‘(1) ANNUAL REPORT TO SECRETARY.—An eligible entity receiving funds under this section shall prepare and submit to

the Secretary an annual report which contains such information as the Secretary may require. At a minimum, the report

shall describe the program activities undertaken with funds

provided under subsection (a), including— ‘‘(A) the programming that has been developed directly

or indirectly by the eligible entity, and the target population of the programs developed; ‘‘(B) the support and training materials that have been

developed to accompany the programming, and the method

by which such materials are distributed to consumers and

users of the programming; ‘‘(C) the means by which programming developed

under this section has been distributed, including the distance learning technologies that have been utilized to

make programming available and the geographic distribution achieved through such technologies; and ‘‘(D) the initiatives undertaken by the eligible entity to

develop public-private partnerships to secure non-Federal

support for the development, distribution, and broadcast of

educational and instructional programming.

‘‘(2) REPORT TO CONGRESS.—The Secretary shall prepare

and submit to the relevant committees of Congress a biannual

report which includes—

‘‘(A) a summary of activities assisted under subsection

(a);

‘‘(B) a description of the education and training materials made available under subsection (a)(1)(E), the manner in which outreach has been conducted to inform parents and child care providers of the availability of such

materials, and the manner in which such materials have

been distributed in accordance with such subsection.

‘‘(d) ADMINISTRATIVE COSTS.—With respect to the implementation of this section, eligible entities receiving a grant, contract, or

cooperative agreement from the Secretary may use not more than

5 percent of the amounts received under such section for the normal and customary expenses of administering the grant, contract,

or cooperative agreement. ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) IN GENERAL.—There are authorized to be appropriated

to carry out this section, such sums for fiscal year 2002, and

such sums as may be necessary for each of the 5 succeeding

fiscal years.

984

‘‘(2) FUNDING RULE.—Not less than 60 percent of the

amounts appropriated under subsection (a) for each fiscal year

shall be used to carry out subparagraphs (B), (C), and (D) of

subsection (a)(1).’’

79. The House bill combines the Ready To Learn program with

the Telecommunications Demonstration Project for Mathematics

and a new digital content allowable use of funds for a total authorization level of $24.5 million. The Secretary is only required to fund

the Ready To Learn program. Under the Senate amendment, the

Ready To Learn program and the former Telecommunications Demonstration Project for Mathematics, renamed Teacherline, are two

separate programs. Ready To Learn is authorized at $50 million

and Teacherline, which includes digital content, is authorized at

$45 million.

HR/SR with an amendment to move Ready to Teach to

Subpart 8 of Title V, Part D, amended to read as follows:

‘‘SEC. 11252. READY TO TEACH.

‘‘(a) GRANTS AUTHORIZED.—The Secretary is authorized to

make grants to a nonprofit telecommunications entity, or partnership of such entities, for the purpose of carrying out a national telecommunications-based program to improve teaching in core curriculum areas. The program shall be designed to assist elementary

school and secondary school teachers in preparing all students for

achieving challenging State academic content and student academic achievement standards in core curriculum areas.

‘‘(b) PROGRAMMING.—The Secretary is also authorized to award

grants to eligible entities described in section 11255(b) to develop,

produce, and distribute innovative educational and instructional

video programming that is designed for use by kindergarten

through grade 12 schools and based on challenging State academic

content and student academic achievement standards. In making

the grants, the Secretary shall ensure that eligible entities enter

into multiyear content development collaborative arrangements

with State educational agencies, local educational agencies, institutions of higher education, businesses, or other agencies and organizations.

‘‘SEC. 11253. APPLICATION REQUIRED.

‘‘(a) IN GENERAL.—Each nonprofit telecommunications entity,

or partnership of such entities, desiring a grant under section

11252(a) shall submit an application to the Secretary. Each such

application shall—

‘‘(1) demonstrate that the applicant will use the public

broadcasting infrastructure, the Internet, and school digital

networks, where available, to deliver video and data in an integrated service to train teachers in the use of materials and

learning technologies for achieving challenging State academic

content and student academic achievement standards;

‘‘(2) ensure that the project for which assistance is sought

will be conducted in cooperation with appropriate State educational agencies, local educational agencies, and State or local

nonprofit public telecommunications entities;

‘‘(3) ensure that a significant portion of the benefits available for elementary schools and secondary schools from the

985

project for which assistance is sought will be available to

schools of local educational agencies which have a high percentage of children counted for the purpose of part A of title

I; and

‘‘(4) contain such additional assurances as the Secretary

may reasonably require.

‘‘(b) SITES.—In approving applications under section 11252(a),

the Secretary shall ensure that the program authorized by section

11252(a) is conducted at elementary school and secondary school

sites across the Nation.

‘‘(c) APPLICATION.—Each eligible entity desiring a grant under

section 11252(b) shall submit an application to the Secretary at

such time, in such manner, and accompanied by such information

as the Secretary may reasonably require.

‘‘SEC. 11254. REPORTS AND EVALUATION.

‘‘An eligible entity receiving funds under section 11252(a) shall

prepare and submit to the Secretary an annual report which contains such information as the Secretary may require. At a minimum, the report shall describe the program activities undertaken

with funds received under section 11252(a), including—

‘‘(1) the core curriculum areas for which program activities

have been undertaken and the number of teachers using the

program in each core curriculum area; and

‘‘(2) the States in which teachers using the program are located.

‘‘SEC. 11255. DIGITAL EDUCATIONAL PROGRAMMING.

‘‘(a) AWARDS.—The Secretary shall award grants under section

11252(b) to eligible entities to facilitate the development of educational programming that shall—

‘‘(1) include student assessment tools to give feedback on

student performance;

‘‘(2) include built-in teacher utilization and support components to ensure that teachers understand and can easily use

the content of the programming with group instruction or for

individual student use;

‘‘(3) be created for, or adaptable to, challenging State academic content standards and student academic achievement

standards; and

‘‘(4) be capable of distribution through digital broadcasting

and school digital networks.

‘‘(b) ELIGIBLE ENTITIES.—To be eligible to receive a grant

under section 11252(b), an entity shall be a local public telecommunications entity as defined by section 397(12) of the Communications Act of 1934 that is able to demonstrate a capacity for the

development and distribution of educational and instructional television programming of high quality.

‘‘(c) COMPETITIVE BASIS.—Grants under section 11252(b) shall

be awarded on a competitive basis as determined by the Secretary.

‘‘(d) DURATION.—Each grant under section 11252(b) shall be

awarded for a period of 3 years in order to allow time for the creation of a substantial body of significant content.

986

‘‘SEC. 11256. MATCHING REQUIREMENT.

‘‘Each eligible entity desiring a grant under section 11252(b)

shall contribute to the activities assisted under section 11252(b)

non-Federal matching funds equal to not less than 100 percent of

the amount of the grant. Matching funds may include funds provided for the transition to digital broadcasting, as well as in-kind

contributions.

‘‘SEC. 11257. ADMINISTRATIVE COSTS.

‘‘With respect to the implementation of section 11252(b), entities receiving a grant from the Secretary may use not more than

5 percent of the amounts received under the grant for the normal

and customary expenses of administering the grant.’’ 80. The Senate amendment, but not the House bill, includes

extensive findings for both programs.

SR

81. The House bill, but not the Senate amendment, further

streamlines language contained in current law.

HR/SR (see note 78–79).

82. The House bill, but not the Senate amendment, requires eligible applicants to demonstrate, consistent with the entity’s mission and nonprofit nature, a capacity to negotiate contracts in a

manner, which returns to the entity an appropriate share of any

ancillary income from sales of any program-related products.

SR

83. The Senate amendment, but not the House bill, restores

the Community Technology Centers program. However, section 3 in

the House bill includes one-year continuation of grants language.

HR with an amendment to move redrafted provision to

Subpart 11 of Title V, Part D (FIE).

84. The Senate amendment, but not the House bill, restores

the Preparing Tomorrow’s Teachers To Use Technology program.

However, section 3 in the House bill includes one-year continuation

of grants language.

HR with an amendment to re-designate the ‘‘Preparing

Tomorrow’s Teachers to Use Technology’’ program to Title

II of the Higher Education Act and authorize such sums as

may be necessary for FY 2002 and 2003. (Need to add continuation language for current grantees.)

85. Under section 2242, only (c) TECHNOLOGY PREPARATION applies to the technology portion of this bill.

LC

86. The Senate amendment, but not the House bill, restores

the Star Schools Program. However, section 3 in the House bill includes one-year continuation of grants language.

HR with an agreement to move redrafted provision to

Subpart 7 of Title V, Part D (FIE).

87. The Senate amendment, but not the House bill, includes a

new Rural Technology Education Academies program.

SR with an agreement to insert the following Report

Language:

Report Language:

The Conferees recognize that schools in rural areas and

small towns often require additional assistance to implement an advanced technology curriculum. Due to the isoVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00990 Fmt 6601 Sfmt 6601 E:\HR\OC\A334HR.455 pfrm07 PsN: A334HR
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lated nature of many small, rural towns, technology can

offer rural students academic opportunities that they otherwise would not have. Ensuring that rural students are technologically literate is vitally important because it improves

academic performance and helps students participate in the

highly competitive economy of the 21st Century.

88. The House bill, but not the Senate amendment, redesignated the Internet filtering language in title III of current law to

title V, Part B.

LC

89. The Senate amendment, but not the House bill, includes

this provision of incentives language.

SR (See also Note 65)

Title V, Part C—Character Education

(New Title V, Part D, Subpart 3)

1. House bill authorizes ‘‘Character Education’’ under Title V,

Part C. Senate amendment authorizes ‘‘Partnerships in Character

Education’’ as Subpart 5 of Part F of Title XVI.

HR/SR with an agreement to move to Subpart 3 of Title

V, Part D (FIE).

2. Senate amendment, but not House bill, contains a short

title.

SR

3. House bill refers to ‘‘Character Education Program’’ and

Senate amendment refers to ‘‘Partnerships in Character Education

Program.’’

HR

4. House bill authorizes the Secretary to make grants to State

educational agencies, local educational agencies, or consortia of

such agencies for the design and implementation of character education programs. Senate amendment authorizes the Secretary to

award grants to eligible entities for the design and implementation

of character education programs.

HR

5. Senate amendment contains no similar provision.

SR with an amendment to strike ‘‘for the core academic

subjects’’ in (A).

6. Senate amendment contains no similar provision.

SR

7. House bill authorizes 5-year grants. Senate amendment authorizes 3-year grants.

SR

8. Senate amendment, but not House bill, sets minimum grant

amount for eligible entities at $500,000.

HR

9. Senate amendment, but not House bill, defines eligible entity.

HR with an amendment to strike ‘‘another’’ and insert

‘‘one or more’’ and strike ‘‘organization and entity’’ and insert ‘‘organizations or entities’’ in (D).

10. House bill and Senate amendment allow each agency or

consortium receiving assistance under this section to contract with

988

outside sources, including institutions of higher education and private and nonprofit organizations, for the purposes of evaluating the

program; and measuring the success of such program in fostering

the elements of character.

SR

11. House bill, but not Senate amendment, provides that outside sources may include religious organizations and adds language

to the evaluation for measuring the integration of such program

into the curriculum and teaching methods of schools.

SR with an amendment to strike ‘‘(including religious

organizations)’’ in House (1); LC strike ‘‘agency or consortium’’ and insert ‘‘eligible entity’’ throughout this Part.

12. House bill, but not Senate amendment, allows each agency

or consortium receiving assistance under this section to contract

with outside sources, including institutions of higher education and

private and nonprofit organizations (including religious organizations), for assistance in developing secular curricula, materials,

teacher training, and other activities related to character education; and integrating secular character education into the curriculum and teaching methods of schools where the program is carried out.

SR with an amendment to strike ‘‘(including religious

organizations)’’ in House (2).

13. Similar provision.

SR with an agreement to add the following report language:

The Conferees note that when selecting elements of

character the applicants may use a scientifically based coherent, established classification system with standardized

definitions whose elements are grounded in reliable and

valid measures, and whose elements contribute to human

thriving, productivity, well-being, and social harmony.

14. Similar provision.

LC

15. House bill, but not Senate amendment, requires the agency

or consortium receiving assistance to consider the views of the parents or guardians of the students to be taught under the program.

SR with an amendment to strike ‘‘or guardians’’ after

‘‘parents’’ and insert ‘‘and the students,’’ after ‘‘of the students’’.

16. Identical provision.

LC

17. Identical provision.

LC

18. Identical provision.

LC

19. Similar provision.

HR

20. Identical provision.

LC

21. Similar provision.

HR

22. House bill, but not Senate amendment, includes ‘‘giving’’ as

an example element of character.

989

SR

23. House bill contains no similar provision.

HR with an amendment to strike ‘‘10’’ and insert ‘‘3’’ in

(1).

24. Similar provision.

LC

25. Under House bill, but not Senate amendment, the application must demonstrate that the program for which the assistance

is sought has clear goals and objectives that are based on scientifically based research.

SR

26. Under Senate amendment, but not the House bill, the application must contain a description of any partnerships or collaborative efforts among the organizations and entities of the eligible

entity.

HR

27. Similar provision.

SR

28. Senate amendment, but not House bill, requires applications to describe how parents, students, and other members of the

community will be involved in the design and implementation of

the program and how the eligible entity will work with the larger

community to increase the reach and promise of the program.

HR

29. Senate amendment, but not House bill, requires applications to describe the curriculum and instructional practices that

will be used or developed.

HR

30. Senate amendment, but not House bill, requires applications to describe the methods of teacher training and parent education that will be used or developed.

HR

31. House bill requires applications to describe how the program will be linked to broader educational reforms that are being

instituted by the applicant or its partners; and applicable State

academic content standards for student achievement. Senate

amendment requires applications to describe how the program will

be linked to other efforts in the schools to improve student performance.

SR with an amendment to strike ‘‘applicable’’ in (ii).

32. House bill contains no similar provision.

HR with an amendment to strike ‘‘goals and’’ in (E)(i).

33. House bill provides that in selecting agencies or consortia

to receive assistance under this section from among the applicants

for such assistance, the Secretary shall use a peer review process

that includes the participation of experts in the field of character

education. Senate amendment provides that the Secretary shall select, through peer review, eligible entities (see (f)(1) below).

SR with an amendment to insert ‘‘and development.’’

after ‘‘character education’’ in (A).

34. Similar provision.

SR

35. Senate amendment, but not House bill, requires the Secretary to consider the extent to which the program fosters charVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 00993 Fmt 6601 Sfmt 6601 E:\HR\OC\A334HR.457 pfrm07 PsN: A334HR
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acter in students and the potential for improved student performance.

HR

36. Similar provision.

HR

37. Senate amendment, but not House bill, requires the Secretary to consider the quality of the plan for measuring and assessing success.

HR

38. Similar provision.

LC strike ‘‘goals’’ and insert ‘‘objectives’’. 39. House bill contains no similar provision.

HR

40. House bill requires the Secretary to ensure, to the extent

practicable, that the programs assisted under this section are equitably distributed among the geographic regions of the United

States, and among urban, suburban, and rural areas. Senate

amendment requires the Secretary to ensure, to the extent practicable, that programs serve different areas of the Nation, including

urban, suburban, and rural areas; and serve schools that serve minorities, Native Americans, students of limited-English proficiency,

disadvantaged students, and students with disabilities.

SR

41. House bill requires each agency or consortium to submit to

the Secretary, not later than 5 years after the initial grant, a report containing an evaluation of each program assisted. The report

must also evaluate the degree to which each program attained the

goals and objectives for the program. Senate amendment requires

each eligible entity receiving a grant to submit to the Secretary a

comprehensive evaluation of the program, including the impact on

students, teachers, administrators, parents, and others by the second year of the program and not later than 1 year after completion

of the grant period.

HR with an amendment to insert ‘‘end of the’’ before

‘‘second year’’ in (A)(i).

42. Senate amendment contains no similar provision.

HR

43. House bill contains no similar provision.

HR with an amendment to insert the following language:

‘‘(2) NATIONAL RESEARCH, DISSEMINATION, AND

EVALUATION—

‘‘(A) IN GENERAL.—The Secretary is authorized to

make grants to, or enter into contracts or cooperative

agreements with, State or local educational agencies, institutions of higher education, tribal organizations, or other

public or private agencies or organizations to carry out research, development, dissemination, technical assistance,

and evaluation activities that support or inform State and

local character education programs. The Secretary shall reserve not more than 5 percent of the funds made available

under this section to carry out this paragraph. ‘‘(B) USES.—Funds made available under subparagraph (A) may be used—

991

‘‘(i) to conduct research and development activities

that focus on matters such as—

‘‘(I) the extent to which schools are undertaking character education initiatives;

‘‘(II) the effectiveness of instructional models

for all students, including students with physical

and mental disabilities;

‘‘(III) materials and curricula that can be used

by programs in character education;

‘‘(IV) models of professional development in

character education;

‘‘(V) the development of measures of effectiveness for character education programs which may

include the factors described in paragraph (3); and

‘‘(VI) the effectiveness of State and local programs receiving funds under this section.

‘‘(ii) to provide technical assistance to State and

local programs, particularly on matters of program

evaluation;

‘‘(iii) to conduct evaluations of State and local programs receiving funding under this section which may

be conducted by a national clearinghouse under

(B)(iv); and

‘‘(iv) to compile and disseminate, through a national clearinghouse or other approaches—

‘‘(I) information on model character education

programs;

‘‘(II) information about quality character education materials and curricula;

‘‘(III) research findings in the area of character education and character development; and

‘‘(IV) any other information that will be useful

to character education program participants, educators, parents, administrators, and others nationwide.

‘‘(C) PRIORITY.—In carrying out national activities

under this paragraph, the Secretary shall seek to enter

into partnerships with national, nonprofit character education organizations and institutions of higher education

with expertise and successful experience in implementing

character education programs that have had an effective

impact on schools, students (including students with disabilities), and teachers or character education program

evaluation and research. In carrying out national activities

under (B)(iv), the Secretary shall seek to enter into partnership with a national, nonprofit character education organization that will disseminate information about the

range of model character education programs, materials,

curricula, and other information useful to educators, parents, administrators, and others nationwide.

‘‘(D) REPORT.—Each agency, entity, or organization

that receives a grant under this paragraph shall submit an

annual report to the Secretary that—

992

‘‘(i) describes the progress of the grantee in carrying out research, development, dissemination, evaluation, and technical assistance under this paragraph;

‘‘(ii) identifies unmet and future information needs

in the field of character education; and

‘‘(iii) if appropriate, describes the progress of the

grantee in carrying out the requirements of (B)(iv), including a listing of—

‘‘(I) the number of requests for information received by the grantee in the course of carrying out

such requirements;

‘‘(II) the types of organizations making such

requests; and

‘‘(III) the types of information requested.

‘‘(3) FACTORS.—Factors which may be considered in evaluating the success of programs funded under this section may

include—

‘‘(A) discipline issues;

‘‘(B) student performance;

‘‘(C) participation in extracurricular activities;

‘‘(D) parental and community involvement;

‘‘(E) faculty and administration involvement;

‘‘(F) student and staff morale; and

‘‘(G) overall improvements in school climate for all students, including students with physical and mental disabilities.’’

44. Senate amendment contains no similar provision.

SR with an amendment to insert the following language:

‘‘(g) PERMISSIVE MATCH.—

‘‘(1) IN GENERAL.—The Secretary may require eligible entities to match funds awarded under this subpart with non-Federal funds, except that such match may not exceed the amount

of the grant award.

‘‘(2) SLIDING SCALE.—The amount of a match under paragraph (1) shall be established based on a sliding fee scale that

takes into account—

‘‘(A) the poverty of the population to be targeted by the

eligible entity; and

‘‘(B) the ability of the eligible entity to obtain such

matching funds.

‘‘(3) IN-KIND CONTRIBUTIONS.—The Secretary shall permit

eligible entities to match funds in whole or in part in the form

of in-kind contributions.

‘‘(4) CONSIDERATION.—Notwithstanding this subsection,

the Secretary shall not consider an eligible entity’s ability to

match funds when determining which eligible entities will receive awards under this subpart.’’

45. House bill authorizes $50 million for FY 02 and such sums

as may be necessary for each of FY 03 through FY 06. Senate

amendment authorizes such sums as may be necessary for Part F

for FY 02 and for each of the 6 succeeding fiscal years (Character

Education is Subpart 5 of Part F).

HR/SR (no authorization because moved to FIE).

993

Title V, Part D—Counseling

(New Title V, Part D, subpart 2)

1. House bill contains findings. Senate amendment contains no

similar provision.

HR

2. House bill and Senate amendment contain similar provisions.

SR

3. House bill and Senate amendment contain similar provisions. House bill contains a priority for applicants that provide information on their ratios of students to service providers.

SR

4. House bill and Senate amendment contain similar provisions.

LC

5. House bill and Senate amendment contain similar provisions.

LC

6. House bill and Senate amendment contain similar provisions.

LC

7. Senate bill does not contain a similar provision.

SR

8. House bill does not contain an application requirement.

HR with an amendment in (b)(2)(A) to strike ‘‘personal,

social . . . development’’ and insert ‘‘counseling’’; to strike

(b)(2)(D) and insert ‘‘describe how the local educational

agency will involve community groups, social service agencies, and other public and private entities in collaborative

efforts to enhance the program and promote school-linked

services integration’’; to strike (b)(2)(E); in (b)(2)(H) strike

all after ‘‘to supplement’’ and insert ‘‘and not supplant other

Federal, State, or local funds used for providing schoolbased counseling and mental health services to students;

and’’; to strike (b)(2)(I) and insert ‘‘assure that the applicant

will appoint an advisory board composed of interested parties, including parents, teachers, school administrators,

counseling services providers under (c)(4), and community

leaders to advise the local educational agency on the design

and implementation of the program’’ 9. House bill and Senate amendment contain similar provisions, with those provisions aligned:

House bill mentions ‘‘counseling and educational’’ services.

Senate amendment mentions ‘‘personal, social, emotional, and

educational’’ services.

House bill includes ‘‘child and adolescent psychiatrists.’’

House bill allows services to be provided in settings that meet

the range of needs. Senate amendment provides for specific settings.

House bill provides for training for teachers to identify and intervene with students at risk of violent behavior. Senate amendment includes other pupil services personnel, teachers, and instructional staff.

994

House includes child and adolescent psychologists as providers.

Senate amendment includes institutions of higher education,

business, labor organizations, and ‘‘promotes school-linker services

integration.’’ House bill provides for specified ratios of students to providers.

Senate amendment contains no similar provision.

House bill mentions that providers must spend a ‘‘majority’’ of

their time in activities directly related to counseling. Senate

amendment contains no similar provision.

SR with an amendment:

Insert Senate (c)(1):

In House (4) strike ‘‘and’’ before ‘‘child and adolescent

psychiatrists’’ and insert ‘‘or other qualified psychologists’’ after ‘‘child and adolescent psychiatrists’’;

Strike House (7) and insert ‘‘include in-service training

appropriate to the activities funded under this Act for

teachers, instructional staff, and appropriate school personnel, including in-service training in appropriate identification and early intervention techniques by school counselors, school social workers, school psychologists, child and

adolescent psychiatrists and other qualified psychologists;

In House (9) after ‘‘program’’ insert ‘‘and promote

school-linked services integration’’ Report Language:

A comprehensive counseling program addresses the individual and educational needs of students in a variety of

settings in the school and is well-balanced among classroom

group and small group counseling, individual counseling,

and consultation with parents, teachers, administrators,

and other appropriate school personnel. The program involves collaborative efforts with community groups, social

service agencies and other public and private entities to enhance the program and promote school-linked service integration.

10. House bill limits administration expenses to 3%.

Senate amendment limits administration expenses to 5%.

SR with an amendment to strike ‘‘3’’ and insert ‘‘4’’

11. House bill and Senate amendment contain similar provisions, with those provisions aligned.

House bill includes a definition of ‘‘child and adolescent psychiatrist.’’

Senate amendment includes a definition of ‘‘supervisor.’’

SR with an amendment to insert in (2)(B) ‘‘in school psychology’’ after ‘‘certification’’. Insert ‘‘other qualified psychologist means an individual who has demonstrated competence in counseling children in a school setting and who

is licensed in psychology by the State in which the individual works; and practices in the scope of the individual’s

education, training, and experience with children in school

settings;

12. House bill requires a report on ratio of student to providers

within one year.

Senate amendment requires a report on progress at the end of

grant.

995

SR with an amendment to insert ‘‘a report evaluating

the programs assistant pursuant to each grant under this

subpart and’’ after ‘‘publicly available’’. 13. House bill contains no similar provision.

SR

14. House bill and Senate amendment contain similar provisions.

HR/SR with an agreement to move to Subpart 2 of Title

V, Part D (FIE).

15. House bill contains no similar provision.

HR with an amendment to set the trigger at $40 million.

Title V, Part E—Mentoring

(New IV, Part A, Within Subpart 2)

1. House bill and Senate amendment contain similar provisions.

SR with an amendment to strike ‘‘an individual’’ and insert ‘‘a responsible adult, post-secondary school student, or

secondary school student’’ in (2).

2. House bill and Senate amendment contain similar provisions.

SR with an amendment to strike ‘‘caring individual’’ and

insert ‘‘mentor;’’ in (1).

3. House bill and Senate amendment contain similar provisions, but the House bill allows secondary students to serve as

mentors along with adults.

SR with an amendment in (a)(1) to strike ‘‘responsible

adults or students in secondary school’’ and insert ‘‘mentors’’.

4. House bill and Senate amendment contain similar provisions.

LC

5. House bill and Senate amendment contain similar provisions.

LC

6. House bill and Senate amendment contain similar provisions, but the House bill allows secondary students to serve as

mentors along with adults.

LC

Report Language:

The Conferees wish to recognize the expertise and experience of mentoring organizations, such as Big Brothers Big

Sisters of America, Camp Fire Boys and Girls, Boys and

Girls Clubs, National Mentoring Partnership, the Young

Men’s Christian Association, National Association for the

Advancement of Colored People, Aspira, League of United

Latin American Citizens, 100 Black Men of America and National 4–H Council, in providing training and technical support for mentoring programs. These organizations have a

long history of supporting mentoring for youth and have established networks of mentoring organizations.

7. House bill and Senate amendment contain similar provisions.

996

LC

8. House bill and Senate amendment contain similar provisions.

LC

9. House bill and Senate amendment contain similar provisions.

LC

10. House bill and Senate amendment contain similar provisions.

LC

11. House bill and Senate amendment contain similar provisions.

LC

12. House bill and Senate amendment contain similar provisions.

LC

13. House bill and Senate amendment contain similar provisions.

LC

14. House bill and Senate amendment contain similar provisions.

HR/SR to delete (Staff to write letter to GAO).

15. House bill and Senate amendment contain similar provisions.

HR/SR to strike both and treat program as an allowable

activity under the national authority in the Safe and DrugFree Schools and Communities Act

16. The Senate amendment requires the Secretary to make

grants to Big Brothers/Big Sisters to provide technical assistance

to grant recipients under (a) through mentoring development centers located in various cities in the US. Funds, in amounts determined by the Secretary, would come from the authorization for

Part G. House bill contains no similar provision.

SR

Title VI—Impact Aid

(New Title VIII)

1. The House bill and the Senate bill have similar provisions

make a small modification to the ‘‘hold harmless’’ formula for distributing funds under Section 8002 (payments for federal acquisition of real property).

SR

In the amendments to paragraph (1) of section 8002(h),

the House bill refers to being determined pursuant to ‘‘statute’’ while the Senate amendment refers to ‘‘law.’’

2. The House bill, but not the Senate bill, contains a provision

to extend the filing deadline for a school district in Colorado that

missed both: (1) its FY 1999 Section 8002 application deadline, and

(2) a statutory exemption to that exception deadline granted as

part of the FY 2001 Department of Education Appropriations Act.

The district would be paid from FY 2001 funds.

SR with an amendment to insert the following language:

‘‘(b) APPLICATIONS FOR PAYMENT.—

997

‘‘(1) WARNER PUBLIC SCHOOLS, MUSKOGEE COUNTY, OKLA- HOMA.—Notwithstanding any other provision of law, the Secretary of Education shall treat as timely filed an application

under section 8003 (20 U.S.C. 7703) from Warner Public

Schools, Muskogee County, Oklahoma, for a payment for fiscal

year 2002, and shall process that application for payment, if

the Secretary has received the fiscal year 2002 application not

later than 30 days after the date of the enactment of this Act. ‘‘(2) PINE POINT SCHOOL, SCHOOL DISTRICT 25, MIN- NESOTA.—Notwithstanding any other provision of law, the Secretary shall treat as timely filed an application under section

8003 (20 U.S.C. 7703) from Pine Point School, School District

25, Minnesota, for a payment for fiscal year 2000, and shall

process that application for payment, if the Secretary has received the fiscal year 2000 application not later than 30 days

after the date of the enactment of this Act.’’ 3. This provision is similar to language regarding the change

to Section 8002 (h)(4)(B). This is addressed in Section 601 (House

Bill). See note 1.

SR

4. The Senate bill, but not the House bill provides for an additional year of eligibility as ‘‘federal property’’ at a reduced payment

level, for property that the federal government transfers to a nonfederal entity.

HR

5. Both the House and Senate bills contain identical language

expanding the number of small school districts which are guaranteed a 40 percent LOT payment.

HR/SR—to be taken out.

6. Both bills contain identical language modifying the definition of a ‘‘heavily impacted school district’’ to include school districts that have no taxing authority and whose boundaries are coterminous with those of an island held in trust by the federal government as being eligible for ‘‘heavily impacted’’ payments.

LC

7. Using different language, both the House bill and the Senate

amendment amend Section 8007(b) of current law. The House provisions refer to ‘‘School Facility Emergency and Modernization

Grants,’’ while the Senate amendment refers to ‘‘School Facility

Modernization Grants.’’

SR

8. Both the House bill and Senate amendment reserve 60 percent of the amount appropriated under subsection 8014(e) for competitive construction grants. The House bill directs the Secretary to

award grants to LEAs for emergency repairs of school facilities as

well as for the modernization of school facilities. The Senate bill directs the Secretary to make grants to LEAs only for the modernization of school facilities, but has a reservation of funds for emergency repairs in a different part of the bill (see note 9).

SR

9. The Senate amendment, but not the House bill, allocates 10

percent of the funds reserved for modernization for grants to LEAs

described in paragraph (2)(A) (federal property), 45 percent for

LEAs described in paragraph (2)(B) (Indian land), and 45 percent

998

for LEAs described in paragraph (2)(C) (civilian ‘‘a’’ and military).

The Senate amendment further reserves 10 percent of the funding

allocated to Indian lands districts, and 10 percent of the funding

allocated to Military districts for emergency grants which are not

subject to specific award criteria.

SR

10. The House bill, but not the Senate amendment, requires

the Secretary to give priority to grants for emergency situations

when making awards under this subsection.

SR

11. The Senate amendment, but not the House bill, allows

funds reserved for Indian land or military districts to be used for

modernization of schools on or near federal property, but only if the

school itself has 25 percent of its average daily attendance composed of federally impacted students.

SR with an amendment to allow individual schools that

would otherwise qualify for an emergency grant or modernization grant but are in a school district that fails to

qualify, to apply for such a grant as if they were a ‘‘expanded definition school district’’ (see description of structure below). In order to qualify under this provision, a

school must be at least 40 percent impacted, and be part of

an LEA that has no bonding capacity or that has used up at

least 75 percent of their bonding capacity, and has an assessed value of taxable property per student in the school

district that is in the lowest 50 percent of school districts

within the state.

Note: Below is the policy and structure for construction;

final legislative language is still to be written:

Overall structure—

One pot for all qualifying entities to share;

Emergency projects are funded first in the order of severity

with projects in LEAs that have no practical capacity to issue

bonds or limited capacity to issue bonds (House definitions) funded

first, and expanded definition LEAs (those that don’t meet House

definition but meet the definition below) funded second if money remains, and funded only under the same criteria that apply to districts with limited capacity to issue bonds.

Modernization projects are funded if money remains after all

emergency applications are funded. The same criteria apply for

modernization grant and emergency grants. LEAs with no practical

capacity to issue bonds or limited capacity to issue bonds (House

definitions) are funded first, and expanded definition LEAs (those

that don’t meet House definition but meet definition below) are

funded second if money remains.

Expanded definition districts are districts that are at least 40

percent impacted, have used up to at least 75 percent of their bonding capacity, and have an assessed value of taxable property per

student in the school district that is in the lowest 50 percent of

school districts within the state.

Leg. Counsel to craft above language. May need some sort of

a special rule, or it might be better to just insert parts of agreement into suitable sections of the bill.

999

12. Both the House bill and the Senate amendment list eligibility requirements.

LC

13. The House bill but not the Senate amendment lists eligibility requirements for emergency grants. An LEA may be eligible

if it receives formula grants under subsection (a), has an emergency condition which threatens the health or safety of students

and personnel, and meets one of three conditions: (1) it has no

practical capacity to issue bonds; (2) it has a limited capacity to

issue bonds with a requirement that the LEA has used at least 75

percent of its bonding capacity; or (3) it is a heavily impacted district.

SR with amendment LC to craft language reflecting the

eligible pool as outlined in the policy above.

14. The House bill, but not the Senate amendment, requires

that for an entity to be eligible for an emergency grant, that it be

eligible to receive formula grants for construction under subsection

(a).

HR with amendment LC to craft language reflecting the

eligible pool as outlined in the policy above.

15. Both the House bill and the Senate amendment list eligibility requirements for Modernization Grants.

LC

16. The House bill, but not the Senate amendment states that

in order to receive a modernization grant, the LEA must meet the

same criteria as those eligible for an emergency grant, except for

having a school facility emergency, or must qualify as a federal

lands district. The Senate amendment lists slightly different criteria with different placement (see note 17).

SR (per structure outlined in note 11).

17. The House bill and the Senate amendment have identical

eligibility requirements for federal property districts.

LC

18. The Senate amendment provides that in order to be eligible

for a modernization grant, an LEA and the facility to be modernized must be at least 25 percent impacted by certain types of connected students.

SR (per structure outlined in note 11).

19. The House bill, requires that in order to be eligible for a

modernization grant, the LEA must have facility needs resulting

from actions of the federal government. The Senate amendment requires this as a criteria for consideration by the Secretary (see note

26).

SR with an amendment to strike ‘‘actions of the federal

government’’ and insert in its place ‘‘a federal presence’’.

20. The House bill, but not the Senate amendment, defines the

terms lack of practical capacity to issue bonds and minimal capacity to issue bonds.

SR (per structure outlined in note 11).

LC—May need to recede with an amendment to define

districts that can receive funding only after those with limited or no practical bonding capacity are funded.

21. Both the House bill and the Senate amendment set forth

award criteria. The House bill sets forth criteria for both emerVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 01003 Fmt 6601 Sfmt 6601 E:\HR\OC\A334HR.463 pfrm07 PsN: A334HR
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gency and modernization grants. The Senate bill requires the Secretary to review applications from federal lands districts, Indian

lands districts, and military districts.

LC

Report Language:

The Conference Report requires the Secretary to consider the severity of the need for modernization, which may

be measured by factors such as overcrowding or the potential for overcrowding. The conferees note that such overcrowding may arise from housing privatization undertaken

by the Department of Defense.

22. The House bill requires the Secretary to take into account

the ability of a school district to pay for either a modernization

project or an emergency project. The Senate bill requires the Secretary to take into account the districts ability to pay for modernization projects.

SR

23. The House bill, but not the Senate amendment, sets forth

the following criteria to measure an LEAs ability to carry out a

project, including its bonded indebtedness; its assessed value of

real property per student, compared to the state average; the LEAs

total tax rate for school purposes compared to the state average;

and funds available to the LEA from other sources.

SR

24. Using different language, both the House bill and the Senate amendment require the Secretary to consider the lack of taxable property due to a federal presence and the impact of federally

connected children.

SR

25. Using different language, both the House bill and the Senate amendment require the Secretary to consider the threat that a

condition poses to health or safety, and overcrowding as evidenced

by the use of portable facilities.

SR with amendment to insert (D)(ii).

26. The Senate amendment requires the Secretary to take into

account facility needs resulting from the federal government. The

House bill requires that facility needs result from the federal government in order to be eligible (see note 19).

SR (per note 19).

27. The House bill but not the Senate amendment requires the

Secretary to consider the LEAs inability to maximize the use of

technology or offer curriculum due to physical facility limitations.

SR

28. Both the House bill and the Senate amendment require the

Secretary to consider the age of the facility to be modernized.

LC

29. Using different language, both the House bill and the Senate amendment provide additional award provisions.

LC

30. The House bill limits the amount of the cost of a project

that may be funded under this subsection to 50 percent for LEAs

that have limited bonding capacity or that qualify solely because

they are heavily impacted. The Senate amendment limits the federal share to 50 percent for all projects.

1001

SR

31. The House bill limits the amount an LEA may receive

under this subsection for LEAs having limited bonding capacity or

that qualify solely because they are heavily impacted to $3 million

over a 5-year period. The Senate amendment limits the amount

any LEA may receive to $5 million over a 2-year period.

HR/SR with an amendment to allow these districts to receive up to $4 million in a 4-year period.

32. The House bill allows the use of in-kind contributions to

meet the match required of LEAs. The Senate amendment has a

similar provision with different placement (see note 30).

SR

33. Both the House bill and the Senate amendment contain

certain prohibitions on the use of funds under this subsection.

These provisions are placed differently. The House bill prohibits

funds from being used for facilities for which the LEA does not hold

the title, or stadiums or other facilities primarily used for events

for which admission is charged. The Senate amendment prohibits

funds under this subsection from being used for the acquisition of

real property, athletic and similar facilities for which admission is

charged, and requires that all projects carried out with funds provided under this subsection to comply with relevant environmental

law and regulation.

LC—merge the language from both bills.

34. Using slightly different language, both the House bill and

the Senate amendment prohibit LEAs receiving funds under this

subsection from supplanting funds that would otherwise be spent

for facilities construction or modernization.

LC

35. The House bill but not the Senate amendment prohibits

emergency grants under this subsection from being used for the replacement of an existing facility unless such replacement is more

cost effective than repair of the existing facility.

SR

36. The House bill requires that emergency grants for which

funding is not available shall be considered in the following year

at the request of the LEA. The Senate amendment requires that

an eligible entity that applies for a grant which is not funded shall

have its grant application considered for the following fiscal year.

The Senate amendment places this provision differently than the

House bill.

HR

37. The House bill and the Senate amendment require LEAs

seeking a grant under this subsection to submit an application to

the Secretary.

LC

38. The House bill and the Senate amendment require different information to be submitted to the Secretary. The House bill

requires applicants to submit information related to the award criteria. In the case of emergency grants, it requires a description of

the hazard, and a signed statement certifying the deficiency. In the

case of a modernization grant, the House bill requires an explanation for the need for the project and the age of the facility, a deVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 01005 Fmt 6601 Sfmt 6601 E:\HR\OC\A334HR.464 pfrm07 PsN: A334HR
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scription of the project including a cost estimate, and a description

of ownership interest in the facility.

LC—merge the lists of both bills.

39. The Senate amendment requires the submission of a listing

of the facilities to be modernized and the percentage of federally

impacted children, a description of the ownership of the property,

a description of how the LEA meets the award criteria, a description of the project, and a cost estimate for the project.

LC—merge the two.

40. The Senate amendment requires LEAs applying for an

emergency grant to submit a signed statement certifying the deficiency. This is similar to one of the provisions for emergency grants

under the House bill (see above).

SR with an agreement to add report language.

Report Language:

The Conferees would urge the Department when awarding grants under section 8007(b) of the Impact Aid Program

that every effort be made to insure that emergency grant

application requests from all eligible categories of school

districts are given equal consideration, subject to the requirements of that subsection.

41. The Senate amendment, but not the House bill, requires

the Secretary to make every effort to meet fully the needs of Indian

lands and Military Impacted school districts.

SR

42. The Senate amendment requires the Secretary to give priority based on severity of emergency if more than one grant application is received from an Indian lands or military district. The priority is based upon severity of the emergency and when the application was received. The house bill contains an absolute priority for

emergency situations under subsection (b)(2).

HR

43. The House bill, but not the Senate amendment, requires

the Secretary to report annually to the appropriate committees of

Congress a justification of grants made under this subsection for

the previous fiscal year. The House bill further defines the appropriate congressional committees.

SR

44. The House bill, but not the Senate amendment, increases

the authorization for appropriation for Impact Aid construction to

$150 million for FY 2002, and such sums as necessary for the four

succeeding fiscal years.

SR

45. Both the House bill and the Senate bill have virtually identical language to clarify that Section 8009 (equalized states) payments are exempt from state equalization. The House bill, but not

the Senate amendment, includes a reference to section 8003(b)(2).

SR

46. Both the House bill and the Senate bill contain language

to authorize the program through 2006.

SR with amendment to change word ‘‘six’’ to ‘‘seven’’.

47. The House bill, but not the Senate bill contains language

to transfer and redesignate the program.

LC

1003

48. The House bill, but not the Senate bill contains a provision

to provide that funds appropriated under the current placement of

the Impact Aid program in Title VIII of the ESEA will be available

under that program as redesignated as Title VI.

LC

Report Language:

Language was included in the FY 2001 National Defense

Authorization Act to reauthorize the Impact Aid program.

As part of the reauthorization, language was included in

Section 8002(j) to authorize Section 8002 (payments relating

to federal acquisition of real property) funding for the Centennial School District in Bucks County, Pennsylvania due

to their unique situation. The Centennial School District is

the only school district in the nation where the only military facility that was located entirely within the boundaries

of the school district was realigned as a part of base realignment and closure (BRAC), but the school district continues

to educate the children of families who continue to live on

that property even though the parent(s) are stationed at a

federal facility located outside the boundaries of the school

district. The Commander of that federal facility has stated

that this current situation will continue for the foreseeable

future. By moving the language of Section 8002(j) of the Impact Aid Program to Part D of Title V, the Fund for the Improvement of Education (FIE), it is not the intent of the conferees to in any way affect the authorization for funding

Section 8002(j) and in no way minimizes the ability of members to seek funding for the authorization on an annual

basis.

49. The House bill, but not the Senate bill contains language

regarding a Sense of Congress that the Impact Aid program should

be fully funded.

HR

Title VII—Flexibility and Accountability

(New Title VI, Part A)

1. The House bill and the Senate amendment locate this part

regarding rewards and sanctions pertaining to educational achievement in the States in different parts of each piece of legislation.

HR

2. The House bill and the Senate amendment have different

section headings regarding financial awards to states.

HR/SR with amendment to strike all language

3. The House bill and the Senate amendment use the same

name for these awards. However, the House bill requires the Secretary of Education to make the awards, while the Senate amendment allows the Secretary to decide whether to make the awards.

In addition, both the Senate amendment and the House bill refer

to the use of a peer review process to make awards, although the

House provision is located in subsection (f). See note 21. Finally,

the Senate amendment has the Secretary make awards to States

making the most progress improving educational achievement,

while the House bill refers to States making significant progress.

1004

HR/SR with an amendment to strike all language.

4. The House bill requires the Secretary to give greatest weight

to the criteria in paragraph (b)(1) of the House bill, which the Senate also does, but in subparagraph (a)(2)(B) of the Senate bill. See

note 14.

HR/SR with an amendment to strike all language.

5. The House bill specifically refers to the two groups listed,

while the Senate amendment refers to groups by reference to Title

I, part A, which includes, in addition to the groups listed in the

House bill, the following: students with disabilities, students with

limited English proficiency, migrant students and students by gender.

HR/SR with an amendment to strike all language.

6. The House bill, but not the Senate amendment, refers to the

assessments under section 1111 of Title I, part A. The Senate

amendment, but not the House bill, refers to students reaching the

State defined level of proficiency, which, by inference, includes the

assessments required under Title I, part A.

HR/SR with an amendment to strike all language.

7. Both the House bill and the Senate amendment require the

Secretary to examine a State’s performance on NAEP 4th and 8th

grade assessments in reading and math. However, the House bill

refers to a specific school year in which 4th and 8th grade NAEP

assessment data must be examined, while the Senate amendment

refers to the 2nd year after which assessment data is first available

for all States under NAEP in 4th and 8th grade.

HR/SR with an amendment to strike all language.

8. The House bill, but not the Senate amendment, allows

States to choose another assessment to NAEP that meets the criteria described in subclauses (b)(B)(ii)(I)–(VIII) of the House bill.

HR with an amendment to strike all language.

9. The House bill and the Senate amendment require the Secretary to also examine the progress of all the State’s students (as

opposed to specific groups, see note 5). Also, the House bill and

Senate amendment differ in a similar manner as previously detailed in notes 6–8.

HR/SR with an amendment to strike all language.

10. The House bill and the Senate amendment are the same.

HR/SR with an amendment to strike all language.

11. The House bill, but not the Senate amendment, allows the

Secretary to consider the factors listed in paragraphs (1) and (2)

following in the House bill. The Senate amendment, but not the

House bill, requires the Secretary to consider the factors listed in

clauses (iv) and (v) following in the Senate bill.

HR with an amendment to strike all language.

12. The House bill and the Senate amendment are the same.

HR/SR with an amendment to strike all language.

13. The House bill and the Senate amendment are substantially the same with minor, technical differences in wording.

HR/SR with an amendment to strike all language.

14. See note 4.

SR with an amendment to strike all language.

15. The House bill does not contain a similar provision.

SR with an amendment to strike all language.

1005

16. The Senate amendment does not contain a similar provision.

HR with an amendment to strike all language.

17. The House bill does not contain a similar provision.

SR with an amendment to strike all language.

18. The House bill does not contain a similar provision.

SR with an amendment to strike all language.

19. The House bill does not contain a similar provision; however, see section 7104 of the House bill for authorization levels. See

note 46.

SR with an amendment to strike all language.

20. The Senate amendment does not contain a similar provision.

HR with an amendment to strike all language.

21. See note 3 regarding the peer review process.

HR with an amendment to strike all language.

22. The House bill, but not the Senate amendment, contains a

subsection requiring the Secretary to make grants to states to offset the cost of administering the alternative assessment to NAEP.

HR with an amendment to strike all language.

23. The House bill and Senate amendment have different section headings.

HR/SR with an amendment to strike all language.

24. The House bill and the Senate amendment are substantially the same with the following exceptions: The Senate amendment allows the Secretary to reduce State administration funds ‘‘by

not more than 30 percent’’, while the House bill does not contain

similar discretion for the Secretary; and the Senate amendment,

but not the House bill, requires the Secretary to make any reductions in State administrative funds in the ‘‘subsequent fiscal year’’. HR/SR with an amendment to strike all language.

25. The House bill does not contain a similar provision, but the

House bill and the Senate amendment require the Secretary to examine similar measures of student performance. See notes 26 and

27.

SR with an amendment to strike all language.

26. The House bill and the Senate amendment refer to ‘‘adequate yearly progress’’ as defined under Title I, part A, section

1111, although the Senate reference is more specific. (In addition,

the House bill and Senate amendment differ in their provisions regarding adequate yearly progress pursuant to each respective Title

I, part A provisions.) Also see note 5 regarding the number of

groups required to be included by the House bill and Senate

amendment.

HR/SR with an amendment to strike all language.

27. See notes 7 and 8 regarding the differences in the House

bill and Senate amendment provisions regarding what the Secretary must examine to determine, in this case, sanctions.

HR/SR with an amendment to strike all language.

28. The House bill, but not the Senate amendment, allows the

Secretary to increase the reduction in a State’s administrative

funds by not more than an additional 45% for the two years following the initial period described in subsection (a) of the House

bill. The Senate amendment, but not the House bill, requires the

1006

Secretary to reduce a State’s administrative funds by not more

than 75% in the subsequent fiscal year for another year or years

following the initial period described in subsection (a) of the Senate

amendment.

HR/SR with an amendment to strike all language.

29. The Senate amendment does not contain a similar provision.

HR with an amendment to strike all language.

30. The Senate amendment does not contain a similar provision.

HR with an amendment to strike all language.

31. The House bill, but not the Senate amendment, requires

the Secretary to reduce a State’s administrative funds by an additional 20% above the reductions determined in subsections (a) and

(b) if the State has failed to make adequate yearly progress regarding the acquisition of English proficiency by students with limited

English proficiency pursuant to Title I, part A. The Senate amendment, but not the House bill, requires the Secretary to determine

whether a State has met its performance objectives under Title III

of the Senate bill regarding the acquisition of English proficiency

by limited English proficient students as part of the initial period

described in subsection (a).

HR/SR with an amendment to strike all language.

32. The House bill does not contain a similar provision.

SR with an amendment to strike all language.

33. The Senate amendment does not contain a similar provision.

HR with an amendment to strike all language.

34. The House bill and the Senate amendment have different

section headings.

HR

35. The House bill and the Senate amendment are substantially the same with minor wording differences. In addition, the

House bill refers specifically to standards and assessments required by section 1111 of Title I, part A, while the Senate amendment refers to standards and assessments added to ESEA current

law by the Senate amendment.

SR

36. The House bill allows funds provided under this section to

be used to pay for the costs of the administration of the required

assessments if the State has already developed the required standards and assessments, while the Senate bill allows the provided

funds to be used for administration regardless of the status of development of standards and assessments. The Senate provision is

located in subparagraph (a)(3)(B) following. Otherwise, the House

bill and the Senate amendment are the same regarding carrying

out other activities under this part.

SR

37. The House bill and the Senate amendment are substantially the same with minor wording differences.

SR

38. The Senate amendment does not contain a similar provision. However, the Senate amendment does reference all assessments required in paragraph (a)(1). See note 35.

1007

SR

39. See note 36 regarding administration of assessments.

SR

40. The Senate does not contain similar provisions as the

House bill in subparagraphs (C)–(H) following.

SR with an amendment to insert ‘‘, including professional development activities aligned with state academic

achievement standards and assessments’’ at the end of

House (F) and to strike subparagraph (H) and insert the following: ‘‘(H) improving the dissemination of information on student achievement and school performance to parents and

the community, including the development of information

and reporting systems designed to identify best educational practices based upon scientifically based research

or to assist in linking records of student achievement,

length of enrollment, and graduation over time.’’ 41. The House bill does not contain a similar provision. However, see subsection 7104(b) of the House bill and note 50.

SR

42. The House does not contain a similar provision.

SR

43. The House contains a similar provision, but it is located in

paragraph 7104(a)(3) of the House bill. See note 48.

SR

44. The House bill and the Senate amendment include a provision to provide one-time bonuses to States that complete their assessments ahead of the deadline established in Title I, part A of

each piece of legislation. However, there are substantial differences

between the two provisions. The Senate amendment, but not the

House bill, establishes a specific school year by which the Secretary

shall make the one-time bonus payments. The Senate amendment,

but not the House bill, conditions these bonuses upon the assessments being ‘‘particularly high quality’’ and which are the most

successful in assessing the ‘‘range and depth of student knowledge

and proficiency’’. HR/SR with an amendment to strike all language.

45. See notes 3 and 21.

SR with amendment to insert the following from Title I– A note 438 as new subsection:

‘‘(#–LC) GRANTS FOR ENHANCED ASSESSMENT INSTRUMENTS.

‘‘(a) From funds appropriated under [reference to Title VII note

48], the Secretary shall award, on a competitive basis, grants to

States submitting an application in such time and in such manner

that the Secretary may require that demonstrates to the satisfaction of the Secretary that the requirements of this section and part

will be met to—

‘‘(1) enable States (or consortia of States) and local educational agencies (or consortia of local educational agencies) to

collaborate with institutions of higher education, other research institutions, or other organizations to improve the quality, validity and reliability of State academic assessments beyond the requirements for such assessments described in section 1111[(b)(3)];

1008

‘‘(2) measure student academic achievement using multiple

measures of student academic achievement from multiple

sources; ‘‘(3) chart student progress over time; and

‘‘(4) evaluate student academic achievement through the

development of comprehensive academic assessment instruments such as performance and technology-based academic assessments.

‘‘(d) APPLICATION.—Each State wishing to apply for funds

under this [paragraph] shall include in its State plan such information as the Secretary may require. ‘‘(f) ANNUAL REPORT.—Each State or local educational agency

receiving a grant under this [section] shall submit an annual report

to the Secretary describing its activities, and the result of those activities, under the grant.

46. The House bill and the Senate amendment authorize appropriations for the same general purposes with minor, technical

differences in cross-references. In addition, the House bill authorizes less than the Senate amendment. The Senate amendment, but

not the House bill, contains an additional authorization of appropriations under section 6201 in subsection (e).

HR/SR with amendment to strike all language

47. The House bill, but not the Senate amendment, authorizes

$69 million in FY 02 and such sums through FY 06 for NAEP and

the alternative assessment described in subparagraph (b)(1)(B).

The Senate amendment, but not the House bill, authorizes $110

million in FY 02 and such sums for the succeeding 6 fiscal years

for NAEP only.

HR with an amendment to strike ‘‘110,000,000’’ and insert ‘‘72,000,000’’. 48. The House bill and the Senate amendment are similar with

the exception of technical differences in cross-references. In addition, the House bill authorizes such sums through FY 05, while the

Senate amendment authorizes such sums for the succeeding 6 fiscal years.

HR with amendment to strike paragraph (3) and insert

the following:

‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—For the purpose

of carrying out paragraph [(1)], there are authorized to be appropriated $490,000,000 for fiscal year 2002, and such sums as

may be necessary for each of the 5 succeeding fiscal years.’’ 49. The House bill contains a similar provision, but it is located

in subsection 7103(a) of the House bill. See notes 35–40.

SR

50. The House bill and the Senate amendment establish how

funds appropriated shall be distributed between the States. However, there are substantial differences between the two provisions.

The House bill, but not the Senate amendment, allocates half of

the appropriated funds evenly between the states and half on the

population of children aged 5 to 17 in each State. The Senate

amendment, but not the House bill, allocates a set amount of $3

million per State and allocates any remaining funds based on the

number of children enrolled in public schools in grades 3 through

8.

1009

HR with amendment to, out of the $490 million authorized (at note 48): from amounts equal to or less than the

trigger amount described in Title I–A for that fiscal year: (1)

reserve 1⁄2 of 1 percent for Interior (BIA); (2) reserve 1⁄2 of

1 percent for Outlying Areas; (3) provide each State $3 million; (4) allocate remaining funds, after the application of

(1), (2) and (3), to each State based on the State’s public

school student population in grades 3–8; AND from funds

greater than the I–A trigger: (5) allocate funds for approved

applications under Enhanced Assessment Instruments (see

note 45) according to the quality, needs and scope of the

State application. In determining the grant amount, the Secretary shall include any funds the State would have received under (6) of this paragraph; and (6) allocate any remaining funds after funds are allocated in (5) to each State

based on population described in (4), except that States

which received a grant under (5) receive none of these remaining funds.

51. The House does not contain a similar provision.

HR

52. The House bill, but not the Senate amendment, contains

this part allowing SEAs and LEAs flexibility in targeting and

transferring federal funding.

SR with amendment to strike subparagraphs (A)–(C) of

subsection (a)(1) and insert: ‘‘(A) Section 2113(a)(3) of Part A of Title II (Teachers);

‘‘(B) Section 2412(a)(1) of Part D of Title II (Technology); ‘‘(C) Sections 4112(a)(1) (with the agreement of the

Governor) and 4112(c)(1) of Part A, and section 4202(c)(3)

of Part B of Title IV (Safe and Drug Free and 21st Century); and ‘‘(D) Section 5112(b) of Part A of Title V (Innovative

Programs).’’

and with amendment to strike subparagraphs (A)–(C) of

subsection (b)(2) and insert:

‘‘(A) Section 2121 of Part A of Title II (Teachers);

‘‘(B) Section 2412(a)(2)(A) of Part D of Title II (Technology);

‘‘(C) Section 4112(b)(1) of Part A of Title IV (Safe and

Drug Free); and

‘‘(D) Section 5112(a) of Part A of Title V (Innovative

Programs).’’

53. The House bill and the Senate amendment have different

headings and titles and locate this part in different parts of each

piece of legislation.

HR/SR with amendment to insert new title: ‘‘State and

Local Flexibility Demonstration’’ and SR with amendment

to insert ‘‘State and’’ before ‘‘Local’’ in the Short Title.

54. The Senate amendment, but not the House bill, allows

SEAs, as well as LEAs, to participate and therefore meet the specific requirements. The House bill only allows LEAs. This difference is consistent in the provisions throughout these parts except as otherwise noted.

1010

HR

55. The House bill and the Senate amendment are substantially the same with minor wording differences.

SR

56. The Senate amendment does not contain a similar provision.

SR

57. The House bill and the Senate amendment are substantially the same with the exception that the Senate amendment

adds ‘‘educators’’ and ‘‘administrators’’ to the list.

HR

58. The House bill and the Senate amendment are similar with

the exception that the House bill refers to ‘‘maximum freedom’’,

while the Senate amendment refers to ‘‘greater flexibility’’.

HR

59. The House bill refers to ‘‘Federal barriers’’, while the Senate amendment refers to barriers in general. The House bill refers

to effective programs, while the Senate amendment refers to effective reform. In addition, the Senate amendment, but not the House

bill, refers to equality of student opportunity and accountability for

student progress.

HR with amendment to strike ‘‘of equality’’.

60. The House bill and the Senate amendment are substantially the same with minor wording differences.

HR

61. The House bill and the Senate amendment are similar with

the exception that the Senate amendment, but not the House bill,

refers to ‘‘low-income and minority students’’.

HR with amendment to strike ‘‘performing’’ and insert

‘‘achieving’’.

62. The House bill and the Senate amendment have different

headings.

HR/SR with amendment to insert new section heading of

‘‘Local Flexibility Demonstration’’.

63. The House bill and the Senate amendment are similar with

the exceptions that the House bill, but not the Senate amendment,

references the State’s definition of adequate yearly progress and

with a technical difference in cross-references.

SR with amendment to insert ‘‘on a competitive basis’’

after ‘‘shall’’.

64. The House bill, but not the Senate amendment, requires

the Secretary to enter into performance agreements with not more

than 100 LEAs. The Senate amendment, but not the House bill, requires the Secretary to select not more than 7 SEAs and 25 LEAs

for performance agreements. In addition, the House bill and the

Senate amendment require the Secretary to consider geographic

distribution (however, these provisions differ, see note 73), while

the Senate amendment, but not the House bill, also conditions the

Secretary’s approval of LEA participation. See note 74.

SR with amendment to strike ‘‘100’’ and insert ‘‘150’’ and

to insert ‘‘on a competitive basis’’ after ‘‘shall’’ and to add

‘‘consistent with [paragraph (2)—notes 73 and 74] after first

reference to ‘‘local educational agencies’’.

1011

65. The House bill, but not the Senate amendment, specifically

requires the submission of a proposed performance agreement to

the Secretary. Otherwise, the provisions are similar.

SR

66. The House bill, but not the Senate amendment, requires a

plan by the LEA to meet the State’s definition of adequate yearly

progress. The Senate amendment, but not the House bill, requires

the SEA or LEA to exceed the State’s definition of adequate yearly

progress by a statistically significant amount while also meeting

the various requirements in sections 1111 and 1116 of Title I, part

A, of the Senate amendment.

SR

67. The House bill does not contain a similar provision.

SR

68. The House bill, but not the Senate amendment, requires

the LEA to notify the ‘‘State’’. The Senate amendment, but not the

House bill, requires the SEA to notify a list of other entities described in subclauses (I) and (II) following of the Senate amendment.

SR

69. The House bill does not contain a similar provision.

SR

70. The House bill does not contain a similar provision.

SR

71. The House bill and the Senate amendment are similar with

a minor wording difference.

LC

72. The House bill does not contain a similar provision.

HR

73. The House bill, but not the Senate amendment, allows the

Secretary to enter into no more than 2 performance agreements per

state for the first three years after the bill has been enacted, and

subsequent to this period, the Secretary can enter into no more

than 100 agreements total, regardless of the number of agreements

per state, so long as there is an equitable distribution between

urban and rural areas. The Senate amendment, but not the House

bill, requires the Secretary to ensure equitable distribution of selected agencies if more than 7 SEAs or 25 LEAs apply. In addition,

the Senate amendment, but not the House bill, requires the Secretary to ensure equitable distribution of agencies between urban

and rural areas if more than 25 LEAs apply.

SR with amendment to insert that there must be no less

than 4, but no more than 10 local flexibility demonstration

districts in the 7 State Flexibility Demonstration States (for

a total of 70 districts) and that at least half of the districts

must be districts with a poverty percentage of 20% or higher. If districts do not sign up for local flexibility in each of

the 7 flex demo States, those districts may not be reallocated to non-flex demo States.

74. The House bill does not contain a similar provision.

SR with amendment to insert that non-flex demo States

may have up to 3 local flex demo districts per State, up to

a total of 80 districts nationally.

1012

75. The House bill contains a similar provision in subparagraph (b)(1)(B). See note 68.

SR

76. The House bill contains a similar provision in (b)(1)(B), although the House bill refers to ‘‘State’’. See note 68.

SR

77. The House bill does not contain a similar provision.

SR

78. The House bill does not contain a similar provision.

SR

79. The House bill does not contain a similar provision.

SR

80. The House bill does not contain a similar provision.

SR

81. The House bill does not contain a similar provision.

SR

82. The House bill and the Senate amendment are similar with

minor wording differences in this provision and the next.

SR

83. The House bill and the Senate amendment are substantially the same with minor, technical differences in wording and

cross-references.

SR

84. The House bill and the Senate amendment are substantially the same with minor, technical differences in wording and

cross-references.

SR

85. The House bill and the Senate amendment require a fiveyear plan and a description of how funds will be combined and

used, although the Senate provision is located in clause (D)(iii) following and refers to exceeding adequate yearly progress by a statistically significant amount. The House bill, but not the Senate

amendment, lists a number of necessary requirements in the fiveyear plan. The Senate amendment outlines the necessary requirements in the clauses (i)—(v) following of the Senate amendment.

SR with amendment to insert ‘‘for any educational purpose authorized under this Act’’ after ‘‘scope of the performance agreement’’.

86. The House does not contain similar provisions as the Senate amendment in clauses (i)—(v) following of the Senate amendment with the exception indicated in note 87 regarding Senate

amendment clause (iii).

SR

87. See note 85.

SR

88. The House bill and the Senate amendment are substantially similar with the exception that the Senate amendment, but

not the House bill, requires an assurance of the opportunity to comment on the proposed consolidation of funds. The Senate amendment, but not the House bill, specifically mentions the SEA opportunity to comment on the distribution and use of funds to be consolidated.

SR with amendment to strike ‘‘in accordance with State

law’’.

1013

89. The House bill and the Senate amendment are the same.

SR

90. The House bill and the Senate amendment are substantially the same with a minor wording difference.

SR

91. The House bill and the Senate amendment are substantially the same with the exception that the Senate amendment is

more specific as to equitable participation provisions for funds consolidate and used under the performance agreements. See note 119.

SR with amendment to insert ‘‘consistent with section

[Gen. Prov. Reference]’’ after ‘‘schools’’. 92. The Senate amendment does not contain a similar provision.

SR

93. The House bill does not contain a similar provision.

HR with amendment to strike ‘‘State educational agency’’ and insert ‘‘local educational agency’’. 94. The House bill does not contain a similar provision.

SR

95. The House bill and the Senate amendment are substantially the same with the following exceptions: (1) The Senate

amendment, but not the House bill, requires the report to be disseminated to the extent practicable in the parents’ language; and

(2) The House bill contains a general requirement that the report

details how achievement has improved and gaps have been closed,

while the Senate requires a number of specific items related to student achievement as detailed in clauses (i)–(iii) following of the

Senate amendment.

SR with amendment to strike ‘‘agrees that’’ and insert ‘‘shall,’’ and to strike ‘‘the local educational agency shall’’ before ‘‘disseminate’’. 96. The House bill does not contain a similar provision.

SR

97. The House bill does not contain a similar provision.

SR

98. The House bill does not contain a similar provision.

SR

99. The House bill does not contain a similar provision.

SR

100. The House bill requires the Secretary to approve a proposed performance agreement 60 days after receipt of the agreement, while the Senate amendment requires approval 90 days after

the deadline established by the Secretary. The Senate amendment,

but not the House bill, refers to a ‘‘complete’’ performance agreement.

SR with amendment for LC to make consistent with 21st

Century ‘‘deemed approved’’ language.

101. The Senate amendment, but not the House bill, contains

a provision requiring the Secretary to establish a peer review process to review proposed performance agreements.

HR

102. The House bill and the Senate amendment are substantially the same with the following exceptions: (1) The House bill requires the Secretary to amend the performance agreement if the reVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 01017 Fmt 6601 Sfmt 6601 E:\HR\OC\A334HR.471 pfrm07 PsN: A334HR
1014

quirements described in paragraphs (2)(A) and (B) following of the

House bill are met, while the Senate amendment allows the SEA

to amend contingent on the requirements described in paragraphs

(2)(A) and (B) following of the Senate amendment; and (2) There

is a technical difference in cross-references.

SR with amendment to strike ‘‘State’’ and insert ‘‘local

educational agency’’. 103. The House bill and the Senate amendment are substantially the same with the following differences: (1) The House bill refers to the ‘‘State’’ being held accountable, while the Senate amendment refers to the SEA being held accountable; and (2) There is a

technical difference in cross-references.

SR with amendment to strike ‘‘a State seeks’’ and insert ‘‘a local educational agency seeking’’ and to strike ‘‘State’’ and insert ‘‘local educational agency’’ before ‘‘will be held’’ 104. See note 100 regarding differences in the time provided

the Secretary. In addition, the Senate amendment, but not the

House bill, allows the Secretary to provide the SEA with documentation that the amendment plan ‘‘no longer has substantial

promise’’ of meeting this part’s requirements and refers to exceeding adequate yearly progress.

SR with amendment for LC to make consistent with 21st

Century ‘‘deemed approved’’ language.

105. The House bill and the Senate amendment are substantially the same with minor, technical differences in wording.

SR with amendment for LC to make consistent with 21st

Century ‘‘deemed approved’’ language.

106. The House bill does not contain a similar provision.

SR

107. The House bill, but not the Senate amendment, addresses

the reinstatement of program requirements on the LEA once a program is removed from a performance agreement beginning on the

effective date of the executed amendment. The Senate amendment,

but not the House bill, addresses the execution of adding or removing programs on the first day of the first full academic year following the approval of the amendment.

SR

108. The House bill and the Senate amendment are similar.

However, the House bill, but not the Senate amendment allows the

LEA to use its consolidated funds for any purpose in the House bill.

The Senate amendment, but not the House bill, allows the SEA to

use its consolidated funds for any purpose of the eligible programs

listed in subsection 5705(b) and contingent upon paragraph (3) of

the Senate amendment.

SR with amendment to strike ‘‘, subject to subsection

(c),’’.

109. The House bill and the Senate amendment are substantially the same with the exceptions of minor wording differences

and that the House refers to the ‘‘State’’, while the Senate refers

to the SEA.

SR with amendment to strike ‘‘State’’ and insert ‘‘local

educational agency’’.

110. The House bill does not contain a similar provision.

SR

1015

111. The House bill refers to provisions in the House bill as eligible, while the Senate amendment refers to provisions in law as

eligible. In addition, the Senate amendment, but not the House bill,

specifies that ‘‘only’’ those funds available in FY 02 and succeeding

fiscal years are eligible to be consolidated.

SR

112. The House bill does not contain a similar provision. The

Senate amendment includes as eligible programs: Title I, part A,

Even Start, 21st Century Community Learning Centers, Comprehensive School Reform, School Dropout Prevention.

SR

113. The House bill refers to the whole of Title II of the House

bill (regarding Teachers), while the Senate amendment refers to

certain parts of Title II of the Senate amendment (regarding

Teachers and Technology).

SR with amendment to insert ‘‘Section 2121 of Part A of’’ before ‘‘Title II’’ (Teachers);

114. The House bill does not contain a similar provision. The

Senate amendment includes Bilingual Education as an eligible program.

SR

115. The House bill refers to part A of Title IV of the House

bill (regarding Innovative Programs Block Grant), while the Senate

amendment refers to subpart 3 of part A of Title V of the Senate

amendment (regarding Public School Choice), and subpart 4 of part

B of title V (regarding Innovative Programs Block Grant)

SR with amendment to strike paragraph (2) and insert: ‘‘(2) Section 2412(a)(2)(A) of Part D of Title II (Technology);’’ 116. The House bill refers to subpart 1 of part A of Title V of

the House bill (regarding Safe and Drug Free Schools), while the

Senate amendment refers to subpart 1 of part A of Title IV of the

Senate amendment (regarding Safe and Drug Free Schools).

SR with amendment to strike paragraph (3) and insert ‘‘(3) Section 4112(b)(1) of Part A of Title IV (Safe and Drug

Free);’’

117. The House bill refers to part B of Title V of the House bill

(regarding Technology). The Senate amendment refers to part C of

Title II of the Senate amendment (regarding Technology) in paragraph (2). See note 113.

SR with amendment to strike paragraph (4) and insert

‘‘(4) Section 5112(a) of Part A of Title V (Innovative Programs).’’

118. The House bill does not contain similar provisions as the

Senate amendment in paragraphs (6)–(8) following of the Senate

amendment.

SR

119. The Senate amendment, but not the House bill contains

a subsection applying specific equitable participation provisions for

funds consolidated and used under the performance agreements.

See note 91.

SR

120. The House bill does not contain a similar provision.

SR

121. The House bill does not contain a similar provision.

1016

SR

122. The House bill does not contain a similar provision.

SR

123. The House bill and the Senate amendment are substantially the same with the exception that the Senate amendment, but

not the House bill, conditions the LEA administrative reservation

on paragraph 5709(e)(2) regarding sanctions.

SR

124. The House bill, but not the Senate amendment, requires

the Secretary to terminate a performance agreement before the

five-year ending point of the agreement if the LEA has failed to

make adequate yearly progress for three consecutive years. The

Senate amendment, but not the House bill, requires the Secretary

to terminate a performance agreement if, after the first full year

of the SEA’s performance agreement, the SEA fails to make its definition of adequate yearly progress for 2 consecutive years thereafter or fails to exceed its definition of adequate yearly progress by

a statistically significant amount for three consecutive years thereafter. Both the House bill and the Senate amendment require the

agency under review to be given notice and the opportunity for a

hearing.

SR with amendment to strike ‘‘permitting’’ and insert ‘‘requiring’’. 125. The House bill does not contain a similar provision.

HR with amendment to strike ‘‘State educational agency’’ and insert ‘‘local educational agency’’ 126. The House bill does not contain a similar provision.

HR with amendment to strike all references to ‘‘State

educational agency’’ and insert in all cases ‘‘local educational agency’’. 127. The House bill and the Senate amendment are substantially the same with the following exceptions: (1) The House bill refers to meeting ‘‘achievement goals’’, while the Senate amendment

refers to meeting the State’s definition of adequate yearly progress;

(2) Minor differences in wording and a technical difference in crossreferences; and (3) The House bill refers to the LEA complying with

the program requirements previously contained in the performance

agreement after the agreement has ended, which the Senate also

does in subsection (d) below.

SR

128. The House bill does not contain a similar provision.

SR

129. The Senate amendment, but not the House bill, refers to

the ‘‘first day of the first full academic year’’. Otherwise, the House

bill and the Senate amendment are substantially the same, although the House bill contains this provision in subsection (b). See

note 126.

SR

130. The House bill does not contain a similar provision.

SR

131. The House bill, but not the Senate amendment requires

the Secretary to renew for one additional five-year term a performance agreement with an agency that has ‘‘met or substantially met’’

its performance goals at the end of the original agreement. The

1017

Senate amendment, but not the House bill, requires the Secretary

to renew for one additional five-year term a performance agreement with an agency that has exceeded the adequate yearly

progress in the agreement by a statistically significant amount.

SR with amendment to strike ‘‘State educational agency’’ and insert ‘‘local educational agency’’.

132. The House bill and the Senate amendment are substantially the same with minor wording differences.

SR

133. The House bill and the Senate amendment are substantially the same with the exception that the Senate amendment, but

not the House bill, does not allow for a renewal if the required information is not provided to the Secretary within 60 days of the

end of the term of the original performance agreement.

SR

134. The House bill and the Senate amendment are substantially the same with a technical difference in cross-references.

LC

135. The Senate amendment does not contain a similar provision.

SR

136. The House bill and the Senate amendment are substantially the same with a technical difference in cross-references. (In

addition, the House bill and Senate amendment differ in their provisions regarding adequate yearly progress pursuant to each respective Title I, part A provisions.)

LC

137. The Senate amendment does not contain a similar provision.

HR

138. The House bill does not contain a similar provision.

SR with amendment to insert State flexibility demonstration, State accountability for AYP, and changes to

NAEP and NAGB in NESA:

(1) State flexibility Demonstration:

The purpose of this part is to allow 7 States additional flexibility in the use of federal funds for State administration and State

activity funds. If a State chooses to participate, it does not affect

how much money they receive—the same federal formulas apply.

Eligible Programs:

Part A of Title I—State administration only (Education for

the Disadvantaged);

Part B of Title I (Reading First and Even Start);

Section 2113(a)(3) of Part A of Title II (Teachers);

Section 2412(a)(1) of Part D of Title II (Technology);

Sections 4112(a)(1) (with the agreement of the Governor),

4112(c)(1), and 4112(b)(2) of Part A of Title IV (Safe and Drug

Free Schools);

Section 4202(c)(2) and (3) of Part B of Title IV (21st Century Community Learning Centers);

Sections 5112(a) and 5112(b) of Part A of Title V—State

administration, State activity and Local activity funds (Innovative Programs Block Grant).

1018

Title V Block Grant—If the State educational agency includes

the local activity funds, it must ensure 85% of pre-FY 2002 funds

are sent locally and 100% of funds above the FY 2002 funds are

sent locally.

Agreement with the Secretary—The State educational agency

would apply to the Secretary to be able to take advantage of this

flexibility.

Use of Funds—Similar to the schoolwide provision which allows consolidation of federal dollars at the school level, funds could

be used for any educational activity authorized under H.R. 1, to

meet the general purposes of the program funds included in the

waiver, in order to improve academic achievement and close

achievement gaps.

Approval—The Secretary may approve the application only if

the Secretary determines that such application demonstrates substantial promise of carrying out the education reform goals of the

State.

Reporting—States would annually report to the Secretary on

how they are using these funds in accordance with their waiver.

Termination—The Secretary will terminate the State flexibility

under this part if the State fails to meet adequate yearly progress

for 2 consecutive years or for non-compliance with the terms of the

application.

Alignment—State flexibility demonstration States must have

no less than 4, but no more than 10, local flexibility demonstration

districts in alignment with the State flexibility demonstration, and

that at least half of the districts must be districts with a poverty

percentage of 20% or higher. Districts participating in the State

flex demo State must align with the State flexibility demonstration

for the State to be eligible to participate in State flex. Additional

local flex demo districts beyond the minimum 4 districts required

under the State flex demo may sign up at any point, up to a total

of 10 districts, so long as they are in alignment with the State flex

demo.

Districts in a State that is participating in State flex, that are

not part of the State flex demo (i.e., not the initial 4 or among the

10 total) may benefit from the State flex demo dollars (which is not

inclusive of the local flex demo dollars).

Districts that join the State in the State flex demo (i.e., the initial 4 or among the 10 total) shall submit their performance agreements in conjunction with the State application for State flex. The

State shall submit a ‘‘consolidated’’ application including the district information for those districts participating.

States have priority in signing up for the State flex demo over

districts wishing to sign up for the local flex demo so as to encourage alignment between the State and districts. If the State has not

notified the Secretary of their interest to participate in State flex

in [6] months after enactment, the districts in that State may submit performance agreements to the Secretary.

(2) And State accountability for AYP language:

‘‘SEC. . STATE ACCOUNTABILITY FOR ADEQUATE YEARLY PROGRESS.

‘‘(a) ACCOUNTABILITY FOR ADEQUATE YEARLY PROGRESS.—After

a State has had its plan approved under Title I and Title III of this

Act and such plans have been implemented for 2 years, the SecVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 01022 Fmt 6601 Sfmt 6601 E:\HR\OC\A334HR.474 pfrm07 PsN: A334HR
1019

retary shall review whether the State has met its adequate yearly

progress definition under section 1111 [(b)(2)] of this Act for each

of the groups of students described in section 1111 [(b)(2) . . . (the

4 accountability subgroups)] and meet its annual measurable objectives under section [Title III] of this Act.

‘‘(b) DETERMINATION.—The Secretary shall use a peer review

process to review, based on data from the State assessments administered pursuant to section 1111 of this Act, whether a State

has failed to make its definition of adequate yearly progress for two

consecutive years, and to review, based on data from the evaluations in section [Title III] of this Act, whether a State has failed

to meet its annual measurable objectives under section [Title III]

of this Act for two consecutive years.

‘‘(c) TECHNICAL ASSISTANCE.—(1) Based on the determination

described in subsection (b), the Secretary shall provide technical

assistance to a State that has not met its definition of adequate

yearly progress no later than the beginning of the next school year

following the school year in which the determination described in

subsection (b) is made.

‘‘(2) The technical assistance described in paragraph (1)

shall:

‘‘(A) be valid, reliable and rigorous; and

‘‘(B) provide constructive feedback to help the State

meet its definition of adequate yearly progress.

‘‘(3) Based on the determination described in subsection

(b), the Secretary may provide technical assistance to a State

that has not met its annual objectives in section [Title III] no

later than the beginning of the next school year following the

school year in which the determination in subsection (b) was

made.

‘‘(4) The technical assistance described in paragraph (1)

shall:

‘‘(A) be valid, reliable, and rigorous; and

‘‘(B) provide constructive feedback to help the State

meet its annual measurable objectives in section [Title

III].’’

Report Language:

‘‘Just as schools and districts that fail to make adequate

yearly progress for student academic achievement for two

consecutive years must develop improvement plans, Conferees expect States that continually fail to make adequate

yearly progress to develop and implement strategies that

will enable the State to make adequate yearly progress and

that specifically address issues that prevented the State

from making such progress.’’

(d) REPORT TO CONGRESS.—Beginning with the 2005–2006

school year, the Secretary shall submit an annual report to the

Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor and

Pensions of the Senate containing—

(1) a list of each State that has not met its definition of

adequate yearly progress based on the determination described

in subsection (b);

1020

(2) a list of each State that has not met its annual measurable objectives under section [ —Title III];

(3) the information reported by the State to the Secretary

pursuant to section 1119 [ —teacher accountability]; and

(4) a description of any technical assistance provided pursuant to subsection (c)

Report Language:

Conferees stress that a fundamental purpose of Title I

as established under this Act is to hold States, local educational agencies and schools accountable for improving the

academic achievement of all students, and for identifying

and turning around low-performing schools. As a result,

Conferees expect States to meet their definition of adequate

yearly progress to the same degree as local school districts

and schools. The Conferees further urge Congress and the

Secretary to thoroughly examine the data collected from the

State assessment systems and factor such information into

future discussions on accountability measures for States,

which should include consideration of the use of fiscal sanctions to hold those States that continually fail to meet their

definition of adequate yearly progress and fail to improve

the academic achievement of all students accountable.

(3) Sections 411 and 412 of the NESA are amended to

read as follows:

‘‘SEC. 411. NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS.

‘‘(a) ESTABLISHMENT.—The Commissioner shall, with the advice

of the National Assessment Governing Board established under

section 412, and with the technical assistance of the Advisory

Council established under section 407, carry out, through grants,

contracts, or cooperative agreements with one or more qualified organizations, or consortia thereof, a National Assessment of Educational Progress, which collectively refers to a national assessment, State assessments, and a long-term trend assessment in

reading and mathematics. ‘‘(b) PURPOSE; STATE ASSESSMENTS.— ‘‘(1) PURPOSE.—The purpose of this section is to provide, in

a timely manner, a fair and accurate measurement of student

academic achievement and reporting trends in such achievement in reading, mathematics, and other subject matter as

specified in this section. The Commissioner, in carrying out

this purpose, shall—

‘‘(A) use a random sampling process which is consistent with relevant, widely accepted professional assessment standards and that produces data that is representative on a national and regional basis;

‘‘(B) conduct a national assessment and collect and report assessment data, including achievement data trends,

in a valid and reliable manner on student academic

achievement in public and private schools at least once

every two years, in grades 4 and 8 in reading and mathematics;

‘‘(C) conduct a national assessment and collect and report assessment data, including achievement data trends,

in a valid and reliable manner on student academic

1021

achievement in public and private schools in reading and

mathematics in grade 12 in regularly scheduled intervals,

but at least as often as such assessments were conducted

prior to the enactment of [HR 1];

‘‘(D) to the extent time and resources allow, and after

the requirements described in subparagraph (B) are implemented and then the requirements described in subparagraph (C) are met, conduct additional national assessments and collect and report assessment data, including

achievement data trends, in a valid and reliable manner

on student academic achievement in grades 4, 8, and 12 in

public and private schools in regularly scheduled intervals

in additional subject matter, including writing, science,

history, geography, civics, economics, foreign languages,

and arts, and the trend assessment described in subparagraph (F);

‘‘(E) conduct the reading and mathematics assessments described in subparagraph (B) in the same year,

and every other year thereafter, to thereby provide for one

year in which no such assessments are conducted in between each administration of such assessments; and ‘‘(F) continue to conduct the trend assessment of academic achievement at ages 9, 13, and 17 for the purpose

of maintaining data on long-term trends in reading and

mathematics.

[Report Language: ‘‘The Conferees intend the long-term trend assessment will continue to be administered in the same manner as

prior to the enactment of [NCLB/BEST]. Further, the Conferees intend that NAGB shall formulate policy for the long-term trend assessment.’’]

‘‘(G) include information on special groups, including,

whenever feasible, information collected, cross tabulated,

compared, and reported by race or ethnicity, socioeconomic

status, gender, disability and limited English proficiency;

and

‘‘(H) ensure that achievement data are made available

on a timely basis following official reporting, in a manner

that facilitates further analysis and that includes trend

lines;

‘‘(2) STATE ASSESSMENTS.—(A) The Commissioner—

‘‘(i) shall conduct biennial State academic assessments

of student achievement in reading and mathematics in

grades 4 and 8 as described in paragraphs (1)(B) and

(1)(E);

‘‘(ii) may conduct the State academic assessments of

student achievement in reading and mathematics in grade

12 as described in paragraph (1)(C);

‘‘(iii) may conduct State academic assessments of student achievement in grades 4, 8, and 12 as described in

paragraph (1)(D); and ‘‘(iv) shall conduct each such State assessment, in each

subject area and at each grade level, on a developmental

basis until the Commissioner determines, as the result of

1022

an evaluation required by subsection (f), that such assessment produces high quality data that are valid and reliable.

‘‘(B)(i) States participating in State assessments shall

enter into an agreement with the Secretary pursuant to subsection (d)(3). ‘‘(ii) Such agreement shall contain information sufficient to

give States full information about the process for decision-making (which shall include the consensus process used), on objectives to be tested, and the standards for random sampling, test

administration, test security, data collection, validation, and

reporting. ‘‘(C)(i) Except as provided in clause (ii), a participating

State shall review and give permission for the release of results from any test of its students administered as a part of a

State assessment prior to the release of such data. Refusal by

a State to release its data shall not restrict the release of data

from other States that have approved the release of such data. ‘‘(ii) A State participating in the biennial academic assessments of student achievement in reading and mathematics in

grades 4 and 8 shall be deemed to have given its permission

to release its data if it has an approved plan under section

1111 of the Elementary and Secondary Education Act of 1965. ‘‘(3) PROHIBITED ACTIVITIES.— ‘‘(A) The use of assessment items and data on any assessment authorized under this section by an agent or

agents of the Federal Government to rank, compare, or

otherwise evaluate individual students or teachers, or to

provide rewards or sanctions for individual students,

teachers, schools or local educational agencies is prohibited.‘‘(B) SPECIAL RULE.—Any assessment authorized under

this section shall not be used by an agent or agents of the

Federal Government to establish, require, or influence the

standards, assessments, curriculum, including lesson

plans, textbooks, or classroom materials, or instructional

practices of States or local educational agencies. ‘‘(C) APPLICABILITY TO STUDENT EDUCATIONAL DECI- SIONS.—Nothing in this section shall prescribe the use of

any assessment authorized under this section for student

promotion or graduation purposes. ‘‘(D) APPLICABILITY TO HOME SCHOOLS.—Nothing in

this section shall be construed to affect home schools,

whether or not a home school is treated as a home school

or a private school under State law, nor shall any home

schooled student be required to participate in any assessment referenced or authorized under this section.

‘‘(4) In carrying out any assessment authorized under this

section, the Commissioner, in a manner consistent with subsection (c)(2), shall— ‘‘(A) use widely accepted professional testing standards, objectively measure academic achievement, knowledge, and skills, and ensure that any academic assessment

authorized under this section be tests that do not evaluate

1023

or assess personal or family beliefs and attitudes or publicly disclose personally identifiable information;

[Report language: The Conferees wish to clarify that this provision

does not prohibit the use of essay, extended response, or short answer test items, nor does it prohibit the use of test items which require a student to analyze a passage of text, or to express opinions

provided that such test items are developed consistent with widely

accepted professional assessment standards. Further, it does not

preclude the use of non-intrusive, non-cognitive questions, approved by the National Assessment Governing Board, whose direct

relationship to academic achievement has been demonstrated and

is being studied as part of the National Assessment of Educational

Progress for the purposes of improving such achievement.]

‘‘(B) only collect information that is directly related to

the appraisal of academic achievement, and to the fair and

accurate presentation of such information; and’’

[Report Language: The Conferees wish to clarify that ‘‘fair and accurate presentation’’ is intended to mean that the data and information resulting from the implementation of this section, whether

aggregated at the national, regional, or State level, are valid and

reliable and reported to the public in a manner that is impartial

and free of misinterpretation, such as ensuring the statistical accuracy of the data and information and not ranking State performance.]

‘‘(C) collect information on race, ethnicity, socioeconomic status, disability, limited English proficiency,

and gender.

‘‘(5) TECHNICAL ASSISTANCE.—In carrying out any assessment authorized under this section, the Commissioner may

provide technical assistance to States, localities, and other parties.

‘‘(c) ACCESS.— ‘‘(1) PUBLIC ACCESS.—Except as provided in paragraph (2),

parents and members of the public shall have access to all assessment data, questions, and complete and current assessment instruments of any assessment authorized under this section. The local educational agency shall make reasonable efforts to inform parents and members of the public about the

access required under this paragraph. ‘‘(A) The access described in this paragraph shall be

provided within 45 days of the date the request was made,

in writing, and be made available in a secure setting that

is convenient to both parties.’’

[Report Language: ‘‘The Conferees intend the access provided in

subsection (c)(1) to be arranged by the Department of Education.’’]

‘‘(B) To protect the integrity of the assessment, no copy

of the assessment items or assessment instruments shall

be duplicated or taken from the secure setting.

‘‘(2) Parents and members of the public may submit written complaints to the National Assessment Governing Board. ‘‘(A) The National Assessment Governing Board shall

forward such complaints to the Commissioner of the NaVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 01027 Fmt 6601 Sfmt 6601 E:\HR\OC\A334HR.476 pfrm07 PsN: A334HR
1024

tional Center of Education Statistics, the Secretary of Education, and the State and local educational agency from

within which the complaint originated within 30 days of

receipt of such complaint.

‘‘(B) The National Assessment Governing Board, in

consultation with the Commissioner of the National Center

for Education Statistics, shall review such complaint and

determine whether revisions are necessary and appropriate. As determined by such review, the Board shall revise, as necessary and appropriate, the procedures or assessment items that have generated the complaint and respond to the individual submitting the complaint, with a

copy of such response provided to the Secretary, describing

any action taken, not later than 30 days after so acting.

‘‘(C) The Secretary shall submit a summary report of

all complaints received pursuant to subparagraph (A) and

responses by the National Assessment Governing Board

pursuant to subparagraph (B) to the Chairman of the

House Committee on Education and the Workforce, and

the Chairman of the Senate Committee on Health, Education, Labor, and Pensions.

‘‘(D) SPECIAL RULE.—(i) The Commissioner may decline to make widely available through public means, such

as posting on the Internet, distribution to the media, and

distribution through public agencies, for a period, not to

exceed ten years after initial use, cognitive questions that

the Commissioner intends to reuse in the future.

‘‘(ii) Notwithstanding clause (i), the Commissioner

may decline to make cognitive questions widely available as described in clause (i) for a period longer than

ten years if the Commissioner determines such additional period is necessary to protect the security and

integrity of long-term trend data.’’

[Report Language: ‘‘The Conferees wish to clarify that the access

described in paragraph (1) shall continue to be provided to parents

and members of the public who request it in writing to all cognitive

questions and complete and current assessment instruments of any

assessment authorized under this section, including those test

items that the Commissioner intends to withhold pursuant to subparagraph (G).’’]

‘‘(2) PERSONALLY IDENTIFIABLE INFORMATION.—

‘‘(A) The Commissioner shall ensure that all personally identifiable information about students, their academic achievement, and their families, and that information with respect to individual schools, remains confidential, in accordance with section 552a of title 5, United

States Code.

‘‘(B) Neither the National Board, the Commissioner,

nor any contractor or subcontractor shall maintain any

system of records containing a student’s name, birth information, Social Security number, or parents’ name or

names, or any other personally identifiable information.

1025

‘‘(3) Any unauthorized person who knowingly discloses,

publishes, or uses assessment questions, or complete and current assessment instruments of any assessment authorized

under this section may be fined as specified in section 3571 of

title 18, United States Code or charged with a class E felony.

‘‘(d) PARTICIPATION.—

‘‘(1) VOLUNTARY PARTICIPATION.—Participation in any assessment authorized under this section shall be voluntary for

students, schools and local educational agencies.

‘‘(2) STUDENT PARTICIPATION.—Parents of children selected

to participate in any assessment authorized under this section

shall be informed before the administration of any authorized

assessment, that their child may be excused from participation

for any reason, is not required to finish any authorized assessment, and is not required to answer any test question.

‘‘(3) STATE PARTICIPATION.—

‘‘(A) Participation in assessments authorized under

this section, other than reading and mathematics in

grades 4 and 8, shall be voluntary.

‘‘(B) For reading and mathematics assessments in

grades 4 and 8, the Secretary shall enter into an agreement with any State carrying out an assessment for the

State under this subsection. Each such agreement shall

contain provisions designed to ensure that the State will

participate in the assessment.

‘‘(4) REVIEW.—Representatives of State and local educational agencies or the chief State school officer shall have the

right to review any assessment item or procedure of any authorized assessment upon request in a manner consistent with

subsection (c), except the review described in subparagraph

(1)(E) of subsection (c) shall take place in consultation with the

representatives described in this paragraph.

‘‘(e) STUDENT ACHIEVEMENT LEVELS.—

‘‘(1) ACHIEVEMENT LEVELS.—The National Assessment

Governing Board, established under section 412, shall develop

appropriate student achievement levels for each grade or age

in each subject area to be tested under assessments authorized

under this section, except the trend assessment described in

subsection (b)(1)(F).

‘‘(2) DETERMINATION OF LEVELS.—

‘‘(A) Such levels shall be determined by—

‘‘(i) identifying the knowledge that can be measured and verified objectively using widely accepted

professional assessment standards;

‘‘(ii) developing achievement levels that are consistent with relevant widely accepted professional assessment standards and based on the appropriate

level of subject matter knowledge for grade levels to be

assessed, or the age of the students, as the case may

be.

‘‘(iii) after the determinations described in clauses

(i) and (ii), such levels shall be further devised

through a national consensus approach; and’’

1026

[Report language: The national consensus approach shall include,

but not be limited to, parents, concerned members of the public,

teachers, principals, local school administrators, curriculum specialists, and experts described in section 412(e)(1)(E).]

‘‘(iv) used on a trial basis until the Commissioner

determines, as a result of an evaluation under subsection (f), that such levels are reasonable, valid, and

informative to the public. The Commissioner and the

Board shall ensure that reports using such levels on a

trial basis do so in a manner that makes clear the status of such levels.

‘‘(B) Such levels shall be updated as appropriate by the

National Assessment Governing Board in consultation

with the Commissioner.

‘‘(3) Reporting.—After determining that such levels are

reasonable, valid, and informative to the public, as the result

of an evaluation under subsection (f), the Commissioner shall

use such levels or other methods or indicators for reporting results of the National Assessment and State assessments.

‘‘(4) The National Assessment Governing Board shall provide for a review of any trial student achievement levels under

development by representatives of State educational agencies

or the chief State school officer in a manner consistent with

subsection (c), except the review described in subparagraph

(1)(E) of subsection (c) shall take place in consultation with the

representatives described in this paragraph.

‘‘(f) REVIEW OF NATIONAL AND STATE ASSESSMENTS.—

‘‘(1) IN GENERAL.—(A) The Secretary shall provide for continuing review of any assessment authorized under this section, and student achievement levels, by one or more professional assessment evaluation organizations.

‘‘(B) Such continuing review shall address—

‘‘(i) whether any authorized assessment is properly administered, produces high quality data that are valid and

reliable, is consistent with relevant widely accepted professional assessment standards, and produces data on student achievement that are not otherwise available to the

State (other than data comparing participating States to

each other and the Nation); and

‘‘(ii) whether student achievement levels are reasonable, valid, reliable, and informative to the public;

‘‘(iii) whether any authorized assessment is being administered as a random sample and is reporting the trends

in academic achievement in a valid and reliable manner in

the subject areas being assessed;

‘‘(iv) whether any of the test questions are biased, consistent with section 412(e)(4);

‘‘(v) whether the appropriate authorized assessments

are measuring, consistent with section 411, reading ability

and mathematical knowledge.

‘‘(2) REPORT.—The Secretary shall report to the Committee

on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor and PenVerDate 11-MAY-2000 22:35 Dec 15, 2001 Jkt 076598 PO 00000 Frm 01030 Fmt 6601 Sfmt 6601 E:\HR\OC\A334HR.478 pfrm07 PsN: A334HR
1027

sions of the Senate, the President, and the Nation on the findings and recommendations of such reviews.

‘‘(3) USE OF FINDINGS AND RECOMMENDATIONS—The Commissioner and the National Assessment Governing Board shall

consider the findings and recommendations of such reviews in

designing the competition to select the organization, or organizations, through which the Commissioner carries out the National Assessment.

(g) ‘‘COVERAGE AGREEMENTS.—

‘‘(1) DEPARTMENT OF DEFENSE SCHOOLS.—The Secretary

and the Secretary of Defense may enter into an agreement, including such terms as are mutually satisfactory, to include in

the National Assessment elementary and secondary schools operated by the Department of Defense.

‘‘(2) BUREAU OF INDIAN AFFAIRS SCHOOLS.—The Secretary

and the Secretary of the Interior may enter into an agreement,

including such terms as are mutually satisfactory, to include in

the National Assessment schools for Indian children operated

or supported by the Bureau of Indian Affairs.’’

‘‘SEC. 412. NATIONAL ASSESSMENT GOVERNING BOARD.

‘‘(a) ESTABLISHMENT.—There is established the National Assessment Governing Board (hereafter in this title referred to as the

‘‘Board’’), which shall formulate policy guidelines for the National

Assessment.

‘‘(b) MEMBERSHIP.—

‘‘(1) APPOINTMENT AND COMPOSITION.—The Board shall be

appointed by the Secretary and be composed of—

‘‘(A) two Governors, or former Governors, who shall

not be members of the same political party;

‘‘(B) two State legislators, who shall not be members

of the same political party;

‘‘(C) two chief State school officers;

‘‘(D) one superintendent of a local educational agency;

‘‘(E) one member of a State board of education;

‘‘(F) one member of a local board of education;

‘‘(G) three classroom teachers representing the grade

levels at which the National Assessment is conducted;

‘‘(H) one representative of business or industry;

‘‘(I) two curriculum specialists;

‘‘(J) three testing and measurement experts, who shall

have training and experience in the field of testing and

measurement;

‘‘(K) one nonpublic school administrators or policymakers;

‘‘(L) two school principals, of whom one shall be an elementary school principal and one shall be a secondary

school principal;

‘‘(M) two parents who are not employed by a local,

State or federal educational agency; and

‘‘(N) two additional members who are representatives

of the general public, and who may be parents, but who

are not employed by a local, State, or federal educational

agency.

1028

‘‘(2) ASSISTANT SECRETARY FOR EDUCATIONAL RESEARCH.—

The Assistant Secretary for Educational Research and Improvement shall serve as an ex officio, nonvoting member of

the Board.

‘‘(3) SPECIAL RULE.—The Secretary and the Board shall ensure at all times that the membership of the Board reflects regional, racial, gender, and cultural balance and diversity and

that the Board exercises its independent judgment, free from

inappropriate influences and special interests.

‘‘(c) TERMS.—

‘‘(1) IN GENERAL.—Terms of service of members of the

Board shall be staggered and may not exceed a period of 4

years, as determined by the Secretary.

‘‘(2) SERVICE LIMITATION.—Members of the Board may

serve not more than two terms.

‘‘(3) CHANGE OF STATUS.—A member of the Board who

changes status under subsection (b) during the term of the appointment of the member may continue to serve as a member

until the expiration of such term.

‘‘(4) CONFORMING PROVISION.—Members of the Board previously granted 3 year terms, whose terms are in effect on the

date of enactment of the Department of Education Appropriations Act, 2001, shall have their terms extended by one year.

‘‘(d) VACANCIES.—

‘‘(1) IN GENERAL.—

‘‘(A) The Secretary shall appoint new members to fill

vacancies on the Board from among individuals who are

nominated by organizations representing the type of individuals described in subsection (b)(1) with respect to which

the vacancy exists.

‘‘(B) Each organization submitting nominations to the

Secretary with respect to a particular vacancy shall nominate for such vacancy six individuals who are qualified by

experience or training to fill the particular Board vacancy.

‘‘(C) The Secretary’s appointments shall maintain the

composition, diversity, and balance of the Board required

under subsection (b).

‘‘(2) ADDITIONAL NOMINATIONS.—The Secretary may request that each organization described in paragraph (1)(A) submit additional nominations if the Secretary determines that

none of the individuals nominated by such organization have

appropriate knowledge or expertise.

‘‘(e) DUTIES.—

‘‘(1) IN GENERAL.—In carrying out its functions under this

section the Board shall—

‘‘(A) select the subject areas to be assessed (consistent

with section 411(b)(1));

‘‘(B) develop appropriate student achievement levels as

provided in section 411(e);

‘‘(C) develop assessment objectives consistent with the

requirements of this section and test specifications that

produce an assessment that is valid and reliable, and are

based on relevant widely accepted professional standards;

1029

‘‘(D) develop a process for review of the assessment

which includes the active participation of teachers, curriculum specialists, local school administrators, parents,

and concerned members of the public; ‘‘(E) design the methodology of the assessment to ensure that assessment items are valid and reliable, in consultation with appropriate technical experts in measurement and assessment, content and subject matter, sampling, and other technical experts who engage in large

scale surveys, including the Advisory Council established

under section 407; ‘‘(F) consistent with section 411, measure student academic achievement in grades 4, 8, and 12 in the authorized

academic subjects; ‘‘(G) develop guidelines for reporting and disseminating results; ‘‘(H) develop standards and procedures for regional

and national comparisons; and ‘‘(I) take appropriate actions needed to improve the

form, content, use, and reporting of results of any assessment authorized by section 411 consistent with the provisions of this section and section 411.

‘‘(2) DELEGATION.—The Board may delegate any of the

Board’s procedural and administrative functions to its staff.

‘‘(3) ALL COGNITIVE AND NON COGNITIVE ASSESSMENT

ITEMS.—The Board shall have final authority on the appropriateness of all assessment items. ‘‘(4) PROHIBITION AGAINST BIAS.—The Board shall take

steps to ensure that all items selected for use in the National

Assessment are free from racial, cultural, gender, or regional

bias and are secular, neutral, and non-ideological. ‘‘(5) TECHNICAL.—In carrying out the duties required by

paragraph (1), the Board may seek technical advice, as appropriate, from the Commissioner and the Advisory Council on

Education Statistics and other experts. ‘‘(6) REPORT.—Not later than 90 days after an evaluation

of the student achievement levels under section 411(e), the

Board shall make a report to the Secretary, the Committee on

Education and Labor of the House of Representatives, and the

Committee on Labor and Human Resources of the Senate describing the steps the Board is taking to respond to each of the

recommendations contained in such evaluation.

‘‘‘(f) PERSONNEL.—

‘‘(1) IN GENERAL.—In the exercise of its responsibilities, the

Board shall be independent of the Secretary and the other offices and officers of the Department.

‘‘(2) STAFF.—

‘‘(A) The Secretary may appoint, at the request of the

Board, such staff as will enable the Board to carry out its

responsibilities. ‘‘(B) Such appointments may include, for terms not to

exceed three years and without regard to the provisions of

title 5, United States Code, governing appointments in the

competitive service, not more than six technical employees

1030

who may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates.

(g) COORDINATION.—The Commissioner and the Board shall

meet periodically— ‘‘(1) to ensure coordination of their duties and activities relating to the National Assessment; and ‘‘(2) for the Commissioner to report to the Board on the Department’s actions to implement the decisions of the Board. ‘‘(h) ADMINISTRATION.—Only sections 10, 11, and 12 of the Federal Advisory Committee Act shall apply with respect to the Board.

Title VIII—General Provisions

(New Title IX)

1. The House bill and the Senate amendment have identical

definitions of ‘‘average daily attendance’’ with a small technical difference in wording in paragraph (D).

HR

2. The House bill and the Senate amendment have identical

definitions of ‘‘average per pupil expenditure.’’ LC

3. The House bill, but not the Senate amendment, includes a

definition of ‘‘beginning teacher.’’

SR

4. The House bill and the Senate amendment have identical

definitions of ‘‘child.’’

LC

5. The House bill, but not the Senate amendment includes a

definition of ‘‘child with a disability.’’

SR with an amendment that the term ‘‘child with disability’’ means the same as such words in section 602 of the

Individuals with Disabilities Education Act.

6. The House bill and the Senate amendment have identical

definitions of ‘‘community-based organization.’’ LC

7. The House bill and the Senate amendment have identical

definitions of ‘‘consolidated local application’’ with a technical difference in cross-references.

LC

8. The House bill and the Senate amendment have identical

definitions of ‘‘consolidated local plan’’ with a technical difference

in cross-references.

LC

9. The Senate amendment notes that the application is submitted after consultation with the Governor. The House bill does

not have such a provision in the definition. However, see note 65

relating to consolidated state applications under section 8302 of the

House bill.

SR

Report Language:

The Conferees recognize the importance of federal

funds working in conjunction with state education reform

efforts. It is the intent of the Conferees that consultation

1031

with the Governor by the State educational agency on the

federal education plans be a meaningful and regular collaboration.

LC—insert in alphabetical order the following definition

for Core Academic Subjects:

‘‘(#) CORE ACADEMIC SUBJECTS.—The term ‘core academic subjects’ means English, reading or language arts, mathematics,

science, foreign languages, civics and government, economics, arts,

history, and geography.’’

10. The Senate amendment notes that the plan is submitted

after consultation with the Governor. The House bill does not have

such a provision in the definition. However, see note 65 relating to

consolidated state applications which references consultation with

the Governor in the House bill.

SR

11. The House bill and the Senate amendment have identical

definitions of ‘‘county.’’

LC

12. The House bill and Senate amendment are similar with the

exception that the House bill covers more programs.

HR/SR with an amendment as follows:

(#) COVERED PROGRAM.—The term ‘‘covered program’’

means each of the programs authorized by—

(A) part A of title I; [Disadvantaged]

(B) subpart 3 of part B of title I; [Even Start]

(C) part C of title I; [Migrants]

(D) part D of title I; [Neglected & Delinquent]

(E) part F of title I; [Comprehensive School Reform]

(F) part A of title II; [Teachers]

(G) part D of title II; [Technology]

(H) part A of title III; [Bilingual]

(I) part A of title IV; [Safe & Drug Free]

(J) part B of title IV; [21st Century Schools]

(K) part A of title V; and [Block Grant]

(L) subpart 2 of part B of title VI. [Rural]

13. The House bill and the Senate amendment are substantially similar with the exception that the Senate amendment includes expenditures for health services, while the House bill does

not. The House bill, but not the Senate amendment excludes expenditures from funds received under Title I. The reference to part

A of title IV in the House bill and the reference to subpart 4 of part

B of title V are references to the same thing—the innovative grants

program.

HR on 11 (A)

SR on 11 (B)

14. The House bill and the Senate amendment are identical.

LC (fit between definitions at note 14 and 15) insert the

following definition for the term distance learning: ‘‘the

transmission of educational or instructional programming

to geographically dispersed individuals and groups via telecommunications.’’

15. The House bill and the Senate amendment are identical.

LC

1032

16. The House bill, but not the Senate amendment, includes a

definition of ‘‘effective schools program.’’ SR

17. The House bill and the Senate amendment are identical.

LC

18. The House bill, but not the Senate amendment, includes a

definition of ‘‘essential components of reading instruction.’’ SR with an amendment to move definition approved to

Title I, Part B notes 117–119: ‘‘(18) ESSENTIAL COMPONENTS OF READING INSTRUCTION.— The term ‘‘major components of reading instruction’’ means

systematic instruction that includes— (A) phonemic awareness;

(B) phonics;

(C) vocabulary development;

(D) reading fluency, including oral reading skills; and

(E) reading comprehension strategies.

LC—insert in alphabetical order the following definition

for Exemplary Teacher: ‘‘(#) EXEMPLARY TEACHER.—The term ‘exemplary

teacher’ means a teacher who— ‘‘(i) is a highly qualified teacher such as a master

teacher; ‘‘(ii) has been teaching for at least 5 years in a

public or private school or institution of higher education; ‘‘(iii) is recommended by administrators and other

teachers who are knowledgeable of the individual’s

performance; ‘‘(iv) is currently teaching and based in a public

school; and ‘‘(v) assists other teachers in improving instructional strategies, improves the skills of other teachers,

performs mentoring, develops curriculum, and offers

other professional development.’’

19. The House bill, but not the Senate amendment, includes a

definition of ‘‘family literacy services’’

SR

20. The House bill and the Senate amendment are identical.

LC

21. The House bill, but not the Senate amendment, includes a

definition of ‘‘fully qualified.’’

LC—insert in alphabetical order the following definition

for Highly Qualified:

(#) HIGHLY QUALIFIED.—The term ‘‘highly qualified

teacher’’—

(A) when used with respect to any public elementary

or secondary school teacher means that—

(i) the teacher has obtained full State certification

as a teacher (including certification obtained through

alternative routes to certification) or passed the State

teacher licensing exam, and holds a license to teach in

such State, except that when used with respect to any

teacher teaching in a public charter school, means

1033

that the teacher meets the requirements set forth in

the State’s public charter school law; and,

(ii) the teacher has not had certification or licensure requirements waived on an emergency, temporary, or provisional basis.

(B) when used with respect to—

(i) an elementary school teacher that is new to the

profession, means that the teacher holds a bachelor’s

degree and has demonstrated, by passing a rigorous

State test or tests, subject knowledge and teaching

skills in reading, writing, mathematics, and other

areas of the basic elementary school curriculum. This

requirement shall be considered to be met if a teacher

has passed a state-required licensure or certification

test or tests, in reading, writing, mathematics, and

other elements of the basic elementary school curriculum;

(ii) a middle or secondary school teacher that is

new to the profession, means that the teacher holds at

least a bachelor’s degree and demonstrates a high

level of competency in each of the subject areas in

which he or she teaches through—

(I) a passing level of performance on a rigorous State academic subject area test in each of

the subject areas in which he or she provides instruction. This requirement shall be considered to

be met if a teacher has passed a state-required licensure or certification test or tests in each of the

subject areas in which he or she provides instruction; or

(II) completion, in each of the subject areas in

which he or she provides instruction, of: an academic major, a graduate degree, successful completion of coursework equivalent to an undergraduate major, or advanced certification or

credentialing.

(C) When used with respect to an elementary, middle,

or high school teacher that is not new to the profession

means that the teacher holds a bachelor’s degree and

has—

(i) met the applicable standard in (B)(i) or (B)(ii),

which includes an option for a test, or

(ii) demonstrates competence in all the subjects he

or she teaches based on a high objective uniform state

standard of evaluation that:

(aa) is set by the State for both grade appropriate academic subject area knowledge and

teaching skills;

(bb) is aligned with State content and student

academic achievement standards and developed in

consultation with core content specialists, teachers, principals, and school administrators;

1034

(cc) provides objective, coherent information

about teachers’ attainment of core content knowledge in the subject or subjects they teach;

(dd) is applied uniformly to all teachers in the

same subject and the same grade level throughout

the state;

(ee) shall take into consideration, but not be

based primarily on, the time the teacher has been

teaching in the subject area;

(ff) shall be made available to the public upon

request; and

(gg) may involve multiple, objective measures

of teacher competency.

Report Language:

With respect to the alternative standard in subsection

(C)(ii), the conferees intend that elementary school teachers

would meet this standard by demonstrating appropriate

knowledge and teaching skills for the grade levels and subjects they teach.

22. The House bill and Senate amendment are identical.

LC

23. The House bill and Senate amendment are identical.

LC with an amendment to change ‘‘section 101’’ to ‘‘section 101(a)’’

24. The House bill, but not the Senate amendment, includes a

definition of ‘‘limited English proficient student.’’

SR with an amendment to include the following language:

‘‘(4) LIMITED ENGLISH PROFICIENT.—The term ‘limited

English proficient’ means an individual—

‘‘(A) who is aged 3 through 21;

‘‘(B) who is enrolled or preparing to enroll in an elementary school or secondary school;

‘‘(C)(i) who was not born in the United States or whose

native language is a language other than English;

‘‘(ii)(I) who is a Native American or Alaska Native, or

a native resident of the outlying areas; and

‘‘(II) who comes from an environment where a language other than English has had a significant impact on

such individual’s level of English language proficiency; or

‘‘(iii) who is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant;

and

‘‘(D) who has sufficient difficulty speaking, reading,

writing, or understanding the English language, and

whose difficulties may deny the individual—

‘‘(i) the ability to meet the State’s proficient level

of performance on State assessments described in section 1111(b)(3);

‘‘(ii) the ability to successfully achieve in classrooms where the language of instruction is English; or

‘‘(iii) the opportunity to participate fully in society.

1035

25. The House bill and the Senate amendment are identical

with the exception that the House bill includes educational service

agencies or consortium of such agencies in this definition under

(D).

LC; SR with an amendment to add subsection (e) as follows:‘‘(e) The term includes the State Educational Agency in a State

in which the State Educational Agency is the sole educational

agency for all public schools.’’ 26. The House bill and the Senate amendment are substantially the same. However, the Senate amendment limits application

of this definition to mentoring other than teacher mentoring.

SR with an amendment:

(26) MENTORING.—The term ‘mentoring’ means, except

when used to mean ‘teacher mentoring,’ a process by which a

responsible adult, postsecondary student, or secondary student

works with a child to provide a positive role model for the

child, to establish a supportive relationship with the child, and

to provide the child with academic assistance and exposure to

new experiences and examples of opportunity that enhance the

ability of the child to become a responsible adult.

27. The House bill, but not the Senate amendment, includes a

definition of ‘‘Native American’’ and ‘‘Native American language.’’ SR

28. The House bill and the Senate amendment have identical

definitions of ‘‘other staff.’’ LC

29. The House bill, but not the Senate amendment, would limit

eligibility for the Marshall Islands, Federated States of Micronesia,

and Palau through fiscal year 2003. The House bill uses the

descriptor the ‘‘freely associated states’’ while the Senate amendment does not.

SR with an amendment:

Outlying Area: The term outlying area means the Virgin

Islands, Guam, American Samoa, and the Commonwealth of

the Northern Mariana Islands, and for the purpose of section 1121(b)(1) and any other discretionary grant program,

includes the freely associated states of the Republic of the

Marshall Islands, the Federated States of Micronesia, and

the Republic of Palau until agreed provisions for future

United States education assistance under a separate agreement for the extension of United States assistance under the

Compact of Free Association for each of the freely associated States enters into effect after the date of enactment of

this Act.

Report Language:

The Conferees intend that the freely associated states of

the Republic of the Marshall Islands, the Federated States

of Micronesia and the Republic of Palau shall remain eligible for grants as provided for in section 1121(b)(1) and for

any other discretionary grant program under the Elementary and Secondary Education Act to the extent such programs, grant assistance, and services are provided to the

States and local governments of the United States and resiVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 01039 Fmt 6601 Sfmt 6601 E:\HR\OC\A334HR.483 pfrm07 PsN: A334HR
1036

dents of such States for which a freely associated state or

its citizens were eligible on October 1, 1999. This eligibility

shall continue through the period of negotiations referred

to in section 231 of the Compact of Free Association and

shall end once agreements for the extension of United

States education assistance under the Compact of Free Association enters into effect. The Conferees understand that

the federal financial assistance under the Compact of Free

Association for the Republic of the Marshall Islands and the

Federated States of Micronesia expires on September 30,

2003 and urge that an agreement regarding future assistance is submitted to the Congress for approval at least one

year before that date. The Conferees strongly urge that the

agreement be ratified by the Congress prior to September

30, 2003. The Conferees also recognize that the federal financial assistance under the Compact of Free Association

for the Republic of Palau is set to expire in 2009 and strongly urge that an agreement regarding future assistance for

Palau is submitted to the Congress for approval at least one

year before that date. The Conferees strongly urge that the

agreement be ratified by Congress prior to that date. The

Conferees strongly recommend that any Compact enacted

after the date of enactment of this Act provide sufficient

funds for education to the Freely Associated States and the

Republic of Palau so that funds under the Elementary and

Secondary Education Act will no longer be needed for these

purposes.

30. The House bill and the Senate bill are substantially the

same, with the exception that the House bill further sets forth examples of a person standing in loco parentis.

SR

31. The Senate amendment, but not the House bill, includes a

definition of ‘‘parental involvement.’’ HR with an amendment:

‘‘(#) PARENTAL INVOLVEMENT.—The term ‘parental involvement’ means the participation of parents in regular, two-way, and meaningful communication involving student academic learning and

other school activities, including ensuring— ‘‘(A) that parents play an integral role in assisting

their child’s learning; ‘‘(B) that parents are encouraged to be actively involved in their child’s education at school; ‘‘(C) that parents are full partners in their child’s education included, as appropriate, in decision-making and on

advisory committees to assist in the education of their

child;‘‘(D) the carrying out of other activities, such as those

described in section 1118.

Report Language:

The conferees believe that parents must be integrally involved in their child’s education in order for that child to

increase their academic achievement. The conferees expect

that principals, teachers, and school administrators involve

parents in school activities, particularly those involving

1037

academic achievement and take advantage of their knowledge and expertise.’’

LC—insert in alphabetical order the following definition

for Poverty Line:

‘‘(#) POVERTY LINE.—The term ‘poverty line’ means the poverty

line (as defined by the Office of Management and Budget and revised annually in accordance with section 673(2) of the Community

Services Block Grant Act) applicable to a family of the size involved.’’

LC—insert in alphabetical order the following definition

for Professional Development:

‘‘(#) PROFESSIONAL DEVELOPMENT.—The term ‘professional

development’ means activities that—

‘‘(A) improve and increase teachers’ knowledge of the

subjects they teach and to enable teachers to become highly qualified;

‘‘(B) are an integral part of broad schoolwide and districtwide educational improvement plans;

‘‘(C) give teachers, principals, and administrators the

knowledge and skills to provide students with the opportunity to meet challenging State academic content standards and student achievement standards;

‘‘(D) improve classroom management skills;

‘‘(E) are high quality, sustained, intensive, and classroom-focused in order to have a positive and lasting impact

on classroom instruction and the teacher’s performance in

the classroom, and are not one-day or short-term workshops or conferences;

‘‘(F) support the recruiting, hiring, and training of

highly qualified teachers, including teachers highly qualified through State and local alternative routes;

‘‘(G) advance teacher understanding of effective instructional strategies based on scientifically based research

for improving student academic achievement or substantially increasing the knowledge and teaching skills of

teachers;

‘‘(H) are aligned with and directly related to—

‘‘(i) State academic content standards, student

academic achievement standards, and assessments;

and

‘‘(ii) the curricula and programs tied to the standards described in clause (i) except when used for activities described in subparagraphs (f) [teaching in different learning styles] and (G) [student behavior] of

section 2031(a)(3) [see pages 25–26 of Title II side-byside];

‘‘(I) are developed with extensive participation of

teachers, principals, parents, and administrators of schools

to be served under this Act;

‘‘(J) are designed to give teachers of limited English

proficient children, and other teachers and instructional

staff, the knowledge and skills to provide instruction and

appropriate language and academic support services to

1038

such children, including the appropriate use of curriculum

and assessments; ‘‘(K) to the extent appropriate, provide training for

teachers and principals in the use of technology so that

technology and its applications are effectively used in the

classroom to improve teaching and learning in the curriculum and core academic areas in which the teachers

provide instruction; ‘‘(L) as a whole, are regularly evaluated for their impact on increased teacher effectiveness and improved student achievement, with the findings of such evaluations

used to improve the quality of professional development; ‘‘(M) provide instruction in methods of teaching children with special needs. ‘‘(N) include instruction in the use of data and assessments to inform and instruct classroom practice; ‘‘(O) include instruction in ways that teachers, principals, pupil services personnel, and school administrators

may work more effectively with parents; ‘‘(P) may include the forming of partnerships with institutions of higher education to establish school-based

teacher training programs that provide prospective teachers and novice teachers with an opportunity to work under

the guidance of experienced teachers and college faculty; ‘‘(Q) may include the creation of programs for paraprofessionals (assisting teachers employed by a local educational agency receiving assistance under this part) to obtain the education necessary for such paraprofessionals to

become licensed and certified teachers; and ‘‘(R) may include activities that provide follow-up

training to teachers who have participated in professional

development activities which are designed to ensure that

the knowledge and skills learned by the teacher are implemented in the classroom.’’

Report Language for Professional Development definition:

The Conferees note that classroom-focused activities are

those activities which are directly tied to what teachers do

in their classrooms and directly linked to the school’s standards for student learning.

32. The Senate amendment, but not the House bill, includes a

definition of ‘‘public telecommunications entity.

HR with an amendment to add ‘‘(12)’’ after ‘‘397’’.

33. The House bill and Senate amendment are identical with

a minor technical difference in the cross reference to the Individuals With Disabilities Education Act.

LC

34. The House bill and the Senate amendment include an identical definition of ‘‘pupil services.’’

LC

35. The House bill, but not the Senate amendment includes a

definition of ‘‘reading.’’

SR with an amendment to move definition to note 121

Title I, Part B:

1039

‘‘(32) READING.—The term ‘reading’ means a complex system

of deriving meaning from print that requires all of the following: ‘‘(A) The skills and knowledge to understand how phonemes, or speech sounds, are connected in print. ‘‘(B) The ability to decode unfamiliar words.

‘‘(C) The ability to read fluently.

‘‘(D) Sufficient background information and vocabulary

to foster reading comprehensions. ‘‘(E) The development of appropriate active strategies

to construct meaning from print. ‘‘(F) The development and maintenance of a motivation to read.’’ 36. The House bill, but not the Senate amendment, includes a

definition of ‘‘rigorous diagnostic reading and screening assessment

tools.’’

HR/SR with an amendment to move to note 122 of Title

I, Part B: ‘‘SCREENING ASSESSMENT.—The term ‘‘screening reading

assessment’’ means assessments that are— ‘‘(A) valid, reliable, and based on scientifically-based

reading research; and ‘‘(B) a brief procedure designed as a first step in identifying children who may be at high risk for delayed development or academic failure and in need of further diagnosis of their need for special services or additional reading instruction.

‘‘DIAGNOSTIC READING ASSESSMENT.—The term ‘diagnostic

reading assessment’ means assessments that are— ‘‘(A) valid, reliable, and based on scientifically-based

reading research; ‘‘(B) used for the purpose of ‘‘(i) identifying a child’s specific areas of strengths

and weaknesses so that they have learned to read by

the end of the third grade;

‘‘(ii) determining any difficulties that a child may

have in learning to read and the potential cause of

such difficulties; and

‘‘(iii) helping to determine possible reading intervention strategies, and related special needs.

‘‘CLASSROOM-BASED INSTRUCTIONAL ASSESSMENT.—The

term ‘classroom-based instructional assessment’ means—

‘‘(A) evaluations of children’s learning based on systematic observations by teachers of children performing

academic tasks that are part of their daily classroom experience; and

‘‘(B) are used to improve instruction in reading, including classroom instruction.’’

37. The House bill includes a precise list of criteria of ‘‘scientifically based research’’ while the Senate amendment includes a generalized definition.

SR with an amendment:

‘‘(34) SCIENTIFICALLY BASED RESEARCH.—The term ‘scientifically based research’—

1040

‘‘(A) means the application of rigorous, systematic, and

objective procedures to obtain reliable and valid knowledge

relevant to education activities and programs; and ‘‘(B) includes research that— ‘‘(i) employs systematic, empirical methods that

draw on observation or experiment; ‘‘(ii) involves rigorous data analyses that are adequate to test the stated hypotheses and justify the

general conclusions drawn; ‘‘(iii) relies on measurements or observational

methods that provide reliable and valid data across

evaluators and observers and across multiple measurements and observations and across studies by the

same or different investigators; ‘‘(iv) is evaluated using experimental or quasi-experimental designs in which individuals, entities, programs, or activities are assigned to different conditions

and with appropriate controls to evaluate the effects of

the condition of interest, with a preference for random

assignment experiments, or other designs to the extent such designs contain within-condition or across

condition controls; ‘‘(v) ensure experimental studies are presented in

sufficient detail and clarity to allow for replication, or

at a minimum offer the opportunity to build systematically on its findings; and ‘‘(vi) has been accepted by a peer reviewed journal

or approved by a panel of independent experts through

a comparably rigorous, objective, scientific review.’’ 38. The House bill and Senate amendment are identical.

LC

39. The House bill and Senate amendment are identical.

LC

40. The House bill and the Senate amendment are identical.

LC

41. The House bill and Senate amendment are identical.

LC

42. The Senate amendment, but not the House bill, includes a

definition of ‘‘teacher mentoring.’’ See note 26 above on mentoring

HR with an amendment in (31)(A) to strike ‘‘beginning’’

and insert ‘‘especially beginning teachers’’ after ‘‘teachers’’

and in (31)(A)(ii)(I), to strike ‘‘mentor’’ and insert ‘‘exemplary’’.

Report Language:

The Conferees intend that a teacher mentoring program

should be available to all teachers who need it, and have

emphasized the needs of beginning teachers. This added emphasis should not be read to exclude veteran teachers from

mentoring programs, but rather to acknowledge the significant needs of beginning teachers. Data show that half of all

beginning teachers in high-poverty schools drop out of

teaching within five years, and 20 percent of all new teachers leave teaching within three years. Furthermore, less

than half of teachers in low-performing schools, which are

1041

also likely to be high-poverty schools, are likely to receive

any additional professional development. While beginning

teachers need the help and support that a high quality mentoring program can provide, the Conferees believe federal

support for mentoring programs should not be limited to beginning teachers only. Veteran teachers can also benefit

from sustained high quality mentoring and coaching efforts.

A number of recent surveys of teachers demonstrate

that veteran teachers want the type of sustained professional development that they get by working with successful teachers. Furthermore, there are a variety of existing

professional development models that have demonstrated

the benefits of providing mentoring and coaching to experienced teachers, among them the El Paso Collective for Education Excellence, which pairs veteran math and science

teachers with experienced teaching coaches.

Rather than single out any one group of teachers for additional support and assistance, the Conferees believe that

any teacher, be it a beginning teacher who is struggling to

handle a class alone for the first time and is at risk of dropping out of teaching, or one who has taught for multiple

years, who has shown difficulty in advancing the knowledge

and abilities of his or her students, should receive high

quality professional development, which may include being

paired with a mentor or coach. Therefore, the Conferees

note that mentoring services be provided to, but not be limited to beginning teachers (teachers who have been in the

classroom less than 3 years).

The Conferees also note that teacher mentoring programs should be part of an ongoing developmental induction process. Effective induction processes should be a continuous process throughout a teacher’s time as a beginning

teacher. This is to provide the teacher with the most support possible to enable the teacher to fully adapt to the

teaching profession and increase the likelihood the teacher

will continue in the teaching profession.

43. The House bill and the Senate amendment are similar.

Both describe technology as meaning state-of-the-art technology

products and services, but the Senate amendment lists many examples of state-of-the-art technology products and services.

SR with an amendment to strike ‘‘latest’’.

Report Language:

The Conferees intend the definition of technology to include computer hardware, software and other electronically

delivered learning materials, web-based and other digital

learning resources, including on-line classes, interactive tutorials, and interactive tools and virtual learning environments, hand-held devices, wireless technology, voice recognition systems and high quality digital video, distance

learning networks, visualization, modeling and simulation

software and learning focused digital libraries and information retrieval systems, closed circuit television systems, educational television, and radio programs and services, cable

television, satellite, copper and fiber optic transmission,

1042

video, audio, and CD-ROM discs, and video and audio tapes.

The Secretary may incorporate additional specific emerging

technologies into the definition of technology.

44. The House bill, but not the Senate amendment, notes that

Parts B, C, D, and E of Title VIII do not apply to Title VI (Impact

Aid).

SR/LC

45. The House bill, but not the Senate amendment, includes a

provision regarding the application of the provisions to Bureau of

Indian Affairs schools.

SR

46. The House bill and Senate amendment are identical with

the exception that there are different provisions of applicability in

paragraph (2).

SR

47. The House bill and the Senate amendment’s uses of funds

are substantially the same, with the exception that the House bill

has a longer list of additional uses of funds.

SR

48. The House bill and the Senate amendment are identical.

LC

49. The House bill and the Senate amendment are identical.

LC

50. The House bill and the Senate amendment are identical.

LC

51. The Senate amendment, but not the House bill, authorizes

the consolidation of funds made available under Title I to develop

standards and assessments.

HR with an amendment to strike ‘‘amounts made available’’ and insert ‘‘funds described in subsection (a)’’.

52. The House bill and Senate amendment are identical.

LC

53. The House bill and the Senate amendment are substantially identical with the exception that the Senate amendment limits this authority to ‘‘covered programs’’ while the House bill applies to programs under the Act. The House bill refers to ‘‘any fiscal

year’’ and the Senate amendment does not.

SR

54. The House bill and the Senate amendment are identical

with technical differences in the cross reference to the Act.

LC

55. The House bill and the Senate amendment are identical.

LC

56. The House bill and the Senate amendment are substantially the same with the exception that the Senate amendment refers to ‘‘covered programs’’ and the House bill refers to the administration of the programs at the school district and school levels.

There are other technical differences.

SR

57. The House bill and the Senate amendment are substantially the same with the exception that the Senate amendment refers to ‘‘covered programs.’’

SR

1043

58. The Senate amendment, but not the House bill, provides

for an administrative funds study.

SR

59. The House bill and Senate amendment are substantially

the same with the exception of technical differences in citation.

LC (Need to say McKinney-Vento)

60. The House bill and Senate amendment are identical.

LC

61. The House bill and Senate amendment are identical.

LC

62. The House bill and the Senate amendment are identical.

LC

63. The Senate amendment, but not the House bill, includes a

provision on unneeded program funds. See note of Title VII, Part

B of the House bill for comprehensive transferability authority.

SR

64. The House bill and the Senate amendment are similar with

the exception that the Senate bill refers to encouraging greater

cross-program coordination, planning, and service delivery while

the House bill refers to greater coordination between programs and

greater flexibility to State and local authorities through the consolidation of State and local plans, applications, and reporting. The

Senate amendment refers to integrating Federal programs with

programs carried out with State and local funds.

HR with an amendment to strike Senate’s section 5501

and replace with the following:

SEC. 8301. PURPOSE.

It is the purpose of this part to improve teaching and learning

by encouraging greater cross-program coordination, planning, and

service delivery, to provide greater flexibility to State and local authorities through consolidated plans, applications, and reporting,

and to enhance the integration of programs under this Act with

State and local programs.

65. The House bill and the Senate amendment are substantially the same with technical differences and the Senate amendment referring to ‘‘covered programs’’ while the House bill does not.

The House bill allows a consolidated State plan for any program

under the Act.

HR

66. The Senate amendment, but not the House bill, specifically

names Even Start and the Neglected and Delinquent Youth program as additional programs. Both the House bill and Senate

amendment allow the Secretary to designate other programs.

HR with an amendment to strike ‘‘of Dropping Out’’.

67. The House bill and Senate amendment are substantially

the same with technical differences in wording.

HR

68. The House bill and the Senate amendment are identical.

LC

69. The House bill and the Senate amendment are identical

with a technical difference in the cross reference to the preceding

paragraph.

LC

1044

70. The House bill and the Senate amendment are substantially the same with the exception that the Senate amendment includes the parenthetical ‘‘(including assurances of compliance with

applicable provisions regarding participation by private school children and teachers).’’

HR

71. The House bill, but not the Senate amendment, includes a

provision on consolidated reporting to the Secretary.

SR

72. The House bill and the Senate amendment are identical

with the exception that the House bill makes reference to the State

educational agency consulting with the Governor. There are technical differences in the cross-references.

SR

73. The Senate amendment, but not the House bill, includes

additional coordination requirements relative to health and social

service programs and reporting thereon.

SR

74. The House bill and the Senate bill are substantially the

same with the exception that the Senate bill refers to ‘‘covered’’

programs. The House bill makes the consolidated plans and applications available to the Governor, but the Senate amendment has

no such provision.

HR with an amendment to insert the following sentence

at the end of section 5505 (a): ‘‘The State educational agency

shall make any consolidated local plans and applications

available to the Governor.’’

75. The House bill and the Senate amendment are substantially the same with the exception of technical differences in crossreferences. The House bill, but not the Senate amendment, makes

clear that a State may not require separate plans to be submitted.

SR

76. The House bill and the Senate amendment are substantially the same with the exception that the House bill references

consultation with the Governor.

SR

77. The House bill refers to ‘‘State’’ while the Senate amendment refers to ‘‘State educational Agency.’’

HR

78. The House bill and the Senate amendment are substantially the same but with the following exceptions: (1) the House bill

refers to applicants other than a State while the Senate amendment refers to applicants other than a State educational agency; (2)

in paragraphs (6)(A) and (B), the House bill refers to reports to the

Governor and the State educational agency while the Senate

amendment refers only to the State educational agency.

Note 78—HR on 5506(a)(1)–(5) and SR with an amendment on 5506 (a)(6)(A) and (B) to read as follows regarding

Governors:

(6) the applicant will—

(A) make reports to the State educational agency

(which agency shall make such report available to the Governor) and the Secretary as may be necessary to enable

1045

such agency and the Secretary to perform their duties

under each such program; and

(B) maintain such records, provide such information,

and afford access to the records as the State educational

agency (after consultation with the Governor) or the Secretary may find necessary to carry out the State educational agency’s or the Secretary’s duties; and

LC on 5506(a)(7) and 5506(b).

79. The House bill and the Senate amendment are substantially the same except that the House bill refers also to the Carl

D. Perkins Vocational and Technical Education Act of 1998.

HR

80. The House bill and the Senate amendment: (1) have similar provisions in subparagraph (A) but with technical differences;

(2) have differences in subparagraphs (B) and (C), except that subparagraph (C) of the House bill is similar to subparagraph (D) of

the Senate amendment; (3) are different in that subparagraph (D)

of the House bill has no comparable provision in the Senate amendment; and (4) are different in that the House has no subparagraphs

(E) and (F) while the Senate amendment does.

HR with an amendment as follows:

1. (B)(i)(ii) with the following changes: insert ‘‘statutory

or regulatory’’ after ‘‘Federal’’ in (B) and strike the ‘‘or’’ and

insert ‘‘and’’ in (B)(i).

2. Insert following combination of House (C) and Senate

(E): ‘‘(# LC) describes, for each school year, specific, measurable educational goals for the State educational agency

and for each local educational agency, Indian tribe, or

school that would be affected by the waiver and the methods to be used to annually measure such progress for

meeting such goals and outcomes;’’ 13. Insert House provision (D): ‘‘Explains why the waiver will assist the State educational agency and each affected local educational agency,

Indian tribe, or school in reaching such goals.’’

LC—(Senate F becomes E).

81. The House bill and Senate amendment have identical requirements for additional information to be submitted with a waiver request.

LC

82. The House bill and Senate amendment are substantially

the same with minor technical differences.

LC

83. The House bill and the Senate amendment are identical

with the exception of technical differences in cross-references. The

House bill, but not the Senate amendment, prohibits a waiver of

the activities under section 8513. The Senate amendment, but not

the House bill, includes a prohibition on the waiver of the selection

of school attendance areas in paragraph (10).

SR with an amendment to insert Senate paragraph (10)

84. The House bill provides for a waiver period of 5 years. The

Senate amendment provides for a waiver period of 3 years.

SR with an amendment to go to 4 years

1046

85. The authority to extend a waiver for a longer period is

identical in the House bill and Senate amendment.

LC

86. The House bill and the Senate amendment have identical

provisions on reports submitted by a local educational agency to a

State educational agency.

LC

87. The House bill and the Senate amendment have identical

provisions on the submission of State educational agency reports to

the Secretary.

LC

88. The House bill and the Senate amendment have identical

provisions on the submission of reports by Indian tribes to the Secretary.

LC

89. The House bill and the Senate amendment have identical

provisions on reports the Secretary submits to Congress.

LC

90. The House bill and the Senate amendment on termination

of waivers are substantially the same with the exception that the

House bill includes a notice and opportunity for a hearing.

SR

91. The House bill and the Senate amendment have identical

provisions for the publication of waivers that have been granted in

the Federal Register.

LC

92. The Senate amendment, but not the House bill, moves the

authorization of the Education Flexibility (Ed Flex) Partnership

Act of 1999 (P.L. 106–25) into the Elementary and Secondary Education Act and makes changes to the law. The House bill makes no

changes to the Education Flexibility Partnership Act of 1999 and

keeps it as a freestanding authorization.

SR

93. The Senate amendment specifies the requirements to be

met to become an ‘‘eligible state.’’ See also section 1111(b)(7) of

Title I, Part A of the Senate amendment which stipulates that a

state shall not be eligible for designation as an Ed Flex state until

the state develops assessments aligned with the state’s content

standards in at least mathematics and reading or language arts.

SR

94. The Senate amendment extends the authorization period

for Ed Flex through FY2008. Current law authorization is through

FY2004.

HR/SR with an amendment to be placed in Amendments

to Other Statutes:

‘‘SEC . AMENDMENT TO EDUCATION FLEXIBILITY ACT OF 1999.

Section 4 of the Education Flexibility Act of 1999 is amended

by replacing section (b) with the following provision (b):

‘‘(b) INCLUDED PROGRAMS.—The statutory or regulatory requirements referred to in subsection (a)(1)(A) are any such requirements for programs that are authorized under the following provisions and under which the Secretary provides funds to State educational agencies on the basis of a formula:

1047

‘‘(1) Part A (other than sections 1111 and 1116), subpart

3 of part B, and parts C, D, and F of title I of the No Child

Left Behind Act of 2001; ‘‘(2) Subpart 2 of part A of title II of the No Child Left Behind Act of 2001; ‘‘(3) Subpart 1 of part D of title II of the No Child Left Behind Act of 2001; ‘‘(4) Subpart 4 of part B of title III of the No Child Left

Behind Act of 2001 if the funding trigger in section 3001 of the

No Child Left Behind Act of 2001 is not reached; ‘‘(5) Subpart 1 of part A of title IV of the No Child Left

Behind Act of 2001; ‘‘(6) Part A of title V of the No Child Left Behind Act of

2001; and ‘‘(7) The Carl D. Perkins Vocational and Technical Education Act of 1998.’’ 95. The House bill and the Senate amendment include identical provisions on maintenance-of-effort.

LC; HR

96. The House bill and the Senate amendment include identical provisions on reductions in funds in the case of a local educational agency’s failure to meet maintenance-of-effort requirements.

LC; HR

97. The House bill and the Senate amendment have identical

waiver provisions.

LC; HR

98. The House bill and the Senate amendment are identical

with the exception of technical differences in cross-references.

LC

99. The House bill and the Senate amendment are substantially the same with the exception that the House bill refers to ‘‘another entity’’ while the Senate amendment does not have such

terms. In addition, the Senate Amendment limits equitable participation of teachers and other educational personnel to training and

professional development services.

SR with an amendment to strike ‘‘.’’ at end of provision

and insert: ‘‘, and provide their teachers and other education personnel serving such children training and professional development services under such program.’’

100. The House bill and the Senate amendment are identical.

LC

101. The House bill and the Senate amendment are identical

with the exception that the House bill requires services and benefits to be provided in a timely manner.

SR

102. The House bill and the Senate amendment on expenditures are identical.

LC

103. The House bill and the Senate amendment are identical

with the exception that the House bill refers to an entity.

SR

104. The House bill and the Senate amendment have the equitable participation requirements applicable to the same as well as

1048

different programs. The House bill, but not the Senate amendment,

includes the 21st Century Community Learning Centers and technology programs.

HR/SR with an amendment as follows:

(b) APPLICABILITY.—

(1) IN GENERAL.—This section applies to programs under—

(A) part B, subparts 1 and 3 of title I; [Reading First

and Even Start]

(B) part C of title I; [Migrants]

(C) part A of title II; [Teachers]

(D) part B of title II; [Math/Science]

(E) part D of title II; [Technology]

(F) part A of title III; [Bilingual]

(G) part A of title IV; and [Safe & Drug Free]

(H) part B of title IV. [21st Century Schools]

105. The House bill and Senate amendment have an identical

definition of ‘‘eligible children.’’

LC

106. The House bill and the Senate amendment have substantially the same consultation provisions with the exception that the

House bill includes consultation requirements for who will provide

services in subparagraph (C), how results of assessments will be

used to improve services in subparagraph (D), the size and scope

of equitable services in subparagraph (E) and how and when decisions will be made in subparagraph (F).

SR

107. The House bill, but not the Senate amendment, includes

a provision governing disagreements between private school officials and agencies, consortia and entities with respect to the provision of services through a contract.

SR

108. The House bill and the Senate amendment are identical

with the exception that the House bill ensures that consultation

continues throughout the implementation and assessment of activities and refers to an entity.

SR

109. The House bill and the Senate amendment have identical

provisions on the content of discussions during the consultations.

SR/LC

110. The House bill and Senate amendment have identical provisions on the public control of funds.

LC

111. The House bill and the Senate amendment have identical

provisions on the public control of funds.

SR/LC

112. The House bill and the Senate amendment have identical

language on the provision of services with the exception that the

House bill refers to an ‘‘other entity’’ in clause (ii).

SR/LC

113. The House bill and the Senate amendment have identical

provisions on standards for bypass with the exception that the

House bill also refers to ‘‘other entity.’’ There are technical differences in the two versions in cross-references. The House bill inVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 01052 Fmt 6601 Sfmt 6601 E:\HR\OC\A334HR.490 pfrm07 PsN: A334HR
1049

cludes factors the Secretary shall consider in making his determination in paragraph (3) while the Senate does not.

SR

114. The House bill and the Senate amendment are identical

with technical differences in cross-references and the House bill refers to an ‘‘entity’’ while the Senate amendment does not.

SR/LC

115. The House bill and the Senate amendment have identical

provisions on appeals to the Secretary.

LC

116. The House bill and the Senate amendment are identical

with the exception of technical differences in cross-references and

the House bill refers to ‘‘entity’’ while the Senate bill does not.

SR/LC

117. The House bill and Senate amendment are identical.

LC

118. The House bill and the Senate amendment have identical

provisions on petitioning for review of decisions with the exception

that the House bill also refers to an entity.

SR/LC

119. The House bill and the Senate amendment have identical

provisions on findings of fact.

LC

120. The House bill and the Senate amendment have identical

provisions on jurisdiction.

LC

121. The House bill and the Senate amendment have identical

provisions on determinations by the Secretary with the exception

that the House bill also refers to an ‘‘entity.’’ There are technical

differences in the cross-references.

SR/LC

122. The House bill and the Senate amendment have identical

provisions on payments from State allotments.

LC

123. The House bill and the Senate amendment have identical

provisions on prior determinations with the exception of technical

differences in cross-references to the Act.

LC

124. The House bill and the Senate amendment are identical.

LC

125. The House bill and the Senate amendment are similar.

The House bill has a similar provision in Title I, Part H in section

1805. Both the House bill and the Senate amendment reference

how home schools are treated under state law.

SR with an amendment:

SEC. . PRIVATE, RELIGIOUS, AND HOME SCHOOLS.

(a) APPLICABILITY TO NON-RECIPIENT PRIVATE SCHOOLS.—

Nothing in this Act shall be construed to affect any private school

that does not receive funds or services under this Act, nor shall any

student who attends a private school that does not receive funds

or services under this Act be required to participate in any assessment referenced in this Act.

(b) APPLICABILITY TO HOME SCHOOLS.—Nothing in this Act

shall be construed to affect home schools, whether or not a home

1050

school is treated as a home school or a private school under State

law, nor shall any home schooled student be required to participate

in any assessment referenced in this Act.

(c) RULE OF CONSTRUCTION ON PROHIBITION OF FEDERAL CON- TROL OVER NONPUBLIC SCHOOLS.—Nothing in this Act shall be construed to permit, allow, encourage, or authorize any Federal control

over any aspect of any private, religious, or home school, whether

or not a home school is treated as a private school or home school

under State law. This section shall not be construed to bar private,

religious, or home schools from participation in programs or services under this Act.

(d) RULE OF CONSTRUCTION ON STATE AND LOCAL EDU- CATIONAL AGENCY MANDATES.—Nothing in this Act shall be construed to require any State or local educational agency that receives funds under this Act to mandate, direct, or control the curriculum of a private or home school, regardless or whether or not

a home school is treated as a private school under state law, nor

shall any funds under this Act be used for this purpose.

126. The House bill and the Senate amendment are identical

with the exception of technical differences.

SR with an amendment (included in new language at

note 125)

127. The House bill, but not the Senate amendment, includes

a provision on the privacy of assessment results. The House bill

has an identical provision in section 1807 of Title I, Part H. The

Senate amendment includes a similar provision in section

1111(j)(1)(F) but with reference to section 445 instead of section

444.

HR with an amendment to insert:

‘‘SEC. . PRIVACY OF ASSESSMENT RESULTS.

‘‘Any results from individual assessments referenced in this

title which become part of the education records of the student

shall have the protections as provided in section 444 of the General

Education Provisions Act.’’ 128. The House bill and the Senate amendment are identical

with the exception that the House bill includes other Acts in addition to the No Child Left Behind Act.

SR with an amendment (included in new language at

note 125)

129. The Senate amendment, but not the House bill, includes

a second provision relating to recipient nonpublic schools that is

identical to the House bill. The Senate amendment, but not the

House bill, includes rule of construction regarding a superseded

provision.

SR (included in new language at note 125)

130. The House bill makes funds under the Act conditional

upon a local educational agency submitting to the Secretary a certification that no policy of the agency prevents or otherwise denies

participation in constitutionally protected prayer in public schools.

Under the Senate amendment a state or local educational agency

is ineligible for ESEA funds if a Federal court adjudges the agency

to have willfully violated a Federal court order with respect to

school prayer.

HR/SR with an amendment:

1051

(Ratified October 30, 2001)

‘‘SEC. . (a) GUIDANCE.—The Secretary shall provide and revise

guidance, every two years by September 1, to State educational

agencies, local educational agencies and the public on constitutionally protected prayer in public schools, including making such

guidance available on the Internet. Such guidance shall be reviewed, prior to distribution, by the Office of Legal Counsel of the

U.S. Department of Justice prior to distribution for verification

that the guidance represents the current state of the law concerning constitutionally protected prayer in public schools.

(b) CERTIFICATION.—As a condition of receiving funds under

this Act, a local educational agency shall certify in writing to the

State educational agency that no policy of the local educational

agency prevents, or otherwise denies participation in, constitutionally protected prayer in public schools, as detailed in the guidance required under subsection (a). Such certification shall be provided annually by October 1. The State educational agency shall report to the Secretary by November 1 of each year a list of those

local educational agencies that have not filed the certification or

against which complaints have been made to the State educational

agency that certain local educational agencies are not in compliance with this section.

(c) ENFORCEMENT.—The Secretary is authorized and directed

to effectuate subsection (b) by issuing, and securing compliance

with, rules or orders with respect to a local educational agency that

fails to certify, or is found to have improperly certified, that no policy of the local educational agency prevents, or otherwise denies

participation in, constitutionally protected prayer in public

schools.’’

131. The House bill and the Senate amendment are identical

with technical differences.

SR with an amendment to strike ‘‘emphasizes’’ and insert ‘‘includes’’ in paragraph (3).

132. The House bill and the Senate amendment are identical.

LC

133. The Senate amendment, but not the House bill, includes

a provision regarding state and local educational agency mandates

with respect to home school or private school curricula.

HR with an amendment (included in new language at

note 125)

134. The House bill includes a prohibition with respect to Federal mandates, direction, and control while the Senate amendment

includes a rule of construction.

SR/HR with an amendment (new statutory and report

language below covers notes 134, 135, 140, 141)

Include in Title VIII:

SEC. . PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF FEDERAL FUNDS.

(a) GENERAL PROHIBITION.—Nothing in this Act shall be construed to authorize an officer or employee of the Federal Government to mandate, direct, or control a State, local educational agency, or school’s curriculum, program of instruction, or allocation of

State or local resources, or mandate a State or any subdivision

1052

thereof to spend any funds or incur any costs not paid for under

the Act.

(b) PROHIBITION ON ENDORSEMENT OF CURRICULUM.—Notwithstanding any other prohibition of law, no funds provided to the Department of Education under this Act may be used by the Department to endorse, approve, or sanction any curriculum designed to

be used in an elementary or secondary school.

(c) PROHIBITION ON REQUIRING FEDERAL APPROVAL OR CERTIFICATION OF STANDARDS.—

(1) IN GENERAL.—Notwithstanding any other provision of

Federal law, no State shall be required to have academic content or student academic achievement standards approved or

certified by the Federal Government, in order to receive assistance under this Act.

(2) RULE OF CONSTRUCTION.—Nothing in this subsection

shall be construed to affect requirements under title I or title

VII of this Act.

(d) RULE OF CONSTRUCTION ON BUILDING STANDARDS.—Nothing in this Act shall be construed to mandate national school building standards for a State, local educational agency, or school.

Report Language:

The Conferees intend that subsection (b) does not prohibit the Department from identifying and disseminating information about successful or promising instructional educational practices, to the extent practicable, based on scientifically based research.

Include in Title I, Part H:

SEC. . PROHIBITION OF FEDERAL MANDATES, DIRECTION, OR CONTROL.

Nothing in this title or title VI Part A shall be construed to

authorize an officer or employee of the Federal Government to

mandate, direct, or control a State, local educational agency, or

school’s specific instructional content or academic achievement

standards and assessments, curriculum, or program of instruction.

SEC. . RULE OF CONSTRUCTION ON EQUALIZED SPENDING.

Nothing in this title shall be construed to mandate equalized

spending per pupil for a State, local educational agency, or school.

135. The House bill, but not the Senate amendment, includes

rules of construction on federal mandates and control, equalized

spending, and building standards.

SR/HR with an amendment (See new language in note

134)

136. The House bill, but not the Senate amendment, includes

a provision on rulemaking.

SR

Report Language:

This section directs the Secretary to issue regulations

under this Act only to the extent that they are necessary to

ensure that there is compliance with the specific requirements and assurances of the Act. The conferees do not intend this language to prohibit the Secretary from issuing

regulations that are reasonably necessary to ensure timely

and orderly grant-making, high-quality applications that reVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 01056 Fmt 6601 Sfmt 6601 E:\HR\OC\A334HR.493 pfrm07 PsN: A334HR
1053

spond to priority needs, or grantee accountability. Rather,

the conferees intend this section to constrain the Secretary’s ability to issue regulations that would impose upon

grantees additional substantive programmatic requirements

or limitations that are not necessary to ensure compliance

with the specific requirements and assurances imposed by

the statute.

137. The House bill, but not the Senate amendment, includes

a report on audits.

HR

138. The House bill authorizes a study of testing by the Secretary and the Senate amendment authorizes the Secretary to give

a grant to the National Research Council of the National Academy

of Sciences to conduct an ongoing evaluation of high-stakes assessments. There are substantial differences in the House bill and Senate amendment.

HR/SR with an amendment to strike all language and insert the following and to move to Title I, Part E:

‘‘SEC. . ASSESSMENT EVALUATION.

‘‘(a) IN GENERAL.—The Secretary shall conduct an independent

study of assessments used for State accountability purposes and for

making decisions about the promotion and graduation of students.

Such research shall be conducted over a period not to exceed 5

years and shall address the components described in subsection (c).

‘‘(b) CONTRACT AUTHORIZED.—The Secretary is authorized to

award a contract, through a peer review process, to an organization

or entity capable of conducting rigorous, independent research. The

Assistant Secretary of Educational Research and Improvement

shall appoint peer reviewers to evaluate the applications for this

contract. The study shall—

‘‘(1) synthesize and analyze existing research that meets

standards of quality and scientific rigor; and

‘‘(2) evaluate assessment and accountability systems in

state educational agencies, local educational agencies, and

schools; and

‘‘(3) make recommendations to the Department and to the

Committee on Education and the Workforce of the United

States House of Representatives and the Committee on Health,

Education, Labor, and Pensions of the United States Senate,

based on the findings of the study.

‘‘(c) COMPONENTS OF THE RESEARCH PROGRAM.—The study described in subsection (a) shall examine—

‘‘(1) the effect of the assessment and accountability systems described in section (b) on students, teachers, parents,

families, schools, school districts, and States, including correlations between such systems and

‘‘(A) student academic achievement, progress to the

State-defined level of proficiency, and progress toward closing achievement gaps, based on independent measures;

‘‘(B) changes in course offerings, teaching practices,

course content, and instructional material;

‘‘(C) changes in turnover rates among teachers, principals, and pupil-services personnel;

1054

‘‘(D) changes in dropout, grade-retention, and graduation rates for students; and

‘‘(E) such other effects as may be appropriate;

‘‘(2) the effect of the assessments on students with disabilities;

‘‘(3) the effect of the assessments on low, middle, and high

socioeconomic status students, limited and nonlimited English

proficient students, racial and ethnic minority students, and

nonracial or nonethnic minority students;

‘‘(4) guidelines for assessing the validity, reliability, and

consistency of those systems using nationally recognized professional and technical standards; and

‘‘(5) the relationship between accountability systems and

the inclusion or exclusion of students from the assessment system; and

‘‘(6) such other factors as the Secretary finds appropriate.

‘‘(d) REPORTING.—Not later than 3 years after the contract described in section (b) is awarded, the organization or entity conducting the study will submit an interim report to the Committee

on Education and the Workforce of the United States House of Representatives and the Committee on Health, Education, Labor, and

Pensions of the United States Senate, and to the President and the

States, and shall make the report widely available to the public.

The organization or entity shall submit a final report to the same

recipients as soon as possible after the completion of the study. Additional reports may be periodically released as necessary.

‘‘(e) RESERVATION OF FUNDS.—The Secretary may reserve up to

15 percent of the funds authorized to be appropriated for part E

of title I to carry out the study, except such reservation of funds

shall not exceed $1,500,000.’’

139. The Senate amendment, but not the House bill, includes

an authorization for a study of the costs of conducting student assessments under section 1111. See note 137 above which includes

cost elements as a component part of another study.

SR

Report Language:

The Conferees intend the General Accounting Office

(GAO) to conduct a study of the costs to States of developing

and administering the academic assessments required

under section 1111(b) of Title I of this Act. The GAO should

determine the anticipated aggregate cost for all States to

develop and administer such assessments, as well as the

portion of the cost that is expected to be incurred in each

of the fiscal years 2002 through 2008. The GAO should determine such costs for each State and the factors that may explain cost variations States. The Conferees expect the GAO

to report the results of such study to the House Education

and the Workforce Committee and the Senate Health, Education, Labor, and Pensions Committee no later than one

year after the date of enactment of this Act.

140. The House bill, but not the Senate amendment, includes

a prohibition on Federal government approval of standards. The

House bill, but not the Senate amendment, includes a rule of conVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 01058 Fmt 6601 Sfmt 6601 E:\HR\OC\A334HR.494 pfrm07 PsN: A334HR
1055

struction relative to Title I. The Senate amendment contains a limitation on conditions which is similar in section 1111(h).

SR/HR with an amendment (See new language at note

134)

141. The House bill, but not the Senate amendment, includes

a prohibition on the endorsement by the Federal government of

curriculum. A related provision is included in the Senate amendment in section 15.

SR/HR with an amendment (See new language at note

134)

142. The House bill and Senate amendment have similar rules

of construction regarding databases of personally identifiable information, but with technical differences.

HR

143. The House bill includes a provision which requires secondary schools that receive funds under the Elementary and Secondary Education Act to permit armed services recruitment activities on school grounds in a manner reasonably accessible to all students at the school. The Senate amendment prohibits Department

of Defense funds from being provided to higher education institutions that deny or that effectively prevent the Secretary of Defense

from obtaining for military recruiting purposes, entry to campuses

or access to students or access to directory information pertaining

to students. The Senate amendment includes an exemption provision, a provision regarding covered students, procedures to making

determinations, and a definition of ‘‘directory information.’’

HR/SR with an amendment to read as follows:

(Ratified on October 30, 2001).

SEC. . ARMED FORCES RECRUITERS ACCESS TO STUDENTS AND STUDENT RECRUITING INFORMATION.

‘‘(a) POLICY.— ‘‘(1) Notwithstanding section 444(a)(5)(B) of the General

Education Provisions Act, each local educational agency receiving assistance under this Act shall provide, upon a request

made by military recruiters or institutions of higher education

as defined by section 101(a) of the Higher Education Act, access to secondary school student names, addresses, and telephone listings.

‘‘(2) A parent or student may request that the student’s

name, address, and telephone listing under subparagraph (1)

not be released without prior written parental consent, and the

local education agency shall notify parents of such option.

‘‘(3) Each local educational agency receiving assistance

under this Act shall provide military recruiters the same access to secondary school students as is provided generally to

postsecondary educational institutions or to prospective employers of those students.

‘‘(b) NOTIFICATION.—The Secretary of Education, in consultation with the Secretary of Defense, shall, not later than 120 days

after the enactment of this Act, notify principals, school administrators, and other educators about the requirements of this section.

‘‘(c) EXCEPTION.—The requirements of this section do not apply

to a private secondary school that maintains a religious objection

to service in the Armed Forces and which objection is verifiable

1056

through the corporate or other organizational documents or materials of that school. ‘‘(d) SPECIAL RULE.—A local educational agency prohibited by

Connecticut state law (either explicitly by statute or through statutory interpretation of the State Supreme Court or State Attorney

General) from providing military recruiters with information or access as required by this section shall have until May 31, 2002 to

comply with such requirements.

144. The Senate amendment, but not the House bill, includes:

(1) findings relative to Armed Forces and recruitment; (2) a requirement for states to report to the Secretary a list of schools that

do not allow access to military recruiters; and (3) a program for

making awards to states and schools for the purpose of educating

principals, administrators and others about career opportunities in

the Armed Forces.

SR

(Ratified on October 30, 2001).

145. The House bill, but not the Senate amendment, includes

a severability clause.

SR

146. The House bill, but not the Senate amendment, encourages the Secretary to promote education savings accounts.

HR

147. The House bill, but not the Senate amendment, includes

a Sense of the Congress provision on American made steel. Subsections (a) and (b) relate to the Sense of Congress.

HR

148. The House bill, but not the Senate amendment, requires

school systems that receive funding under the Act to use American

made steel and to comply with the Buy America Act.

HR

149. The House bill, but not the Senate amendment, includes

a Sense of the Congress provision on paperwork reduction.

HR

150. The Senate amendment, but not the House bill, includes

findings and a Sense of the Senate provision regarding tax relief

for K–12 education expenses.

SR

151. The Senate amendment, but not the House bill, includes

findings and a Sense of the Senate provision relating to tax relief

for non-reimbursed education expenses of educators.

SR

152. The Senate amendment, but not the House bill, includes

findings and a Sense of the Senate provision regarding postal rates

for educational materials.

SR with report language to be added under Reading

(Title I, Part B, note 164)

Report Language:

In the 2000 rate case, the U.S. Postal Service levied an

18% increase on mail sent under Bound Printed Matter

(BPM), the class of mail under which books are sent to our

nation’s schools, libraries, literacy, and early childhood programs. This increase, the highest of any category, has had

a direct impact on the ability of several literacy and free

1057

book programs to deliver their services. It has come to the

attention of the Conferees that the US Postal Service intends to again increase the rates charged for bound printed

matter, including books. Given the educational importance

of the 100 million books shipped to children annually under

this rate, the Conferees urge the U.S. Postal Service and

Congress to take action to ensure the continued affordability of books for all of America’s children.

153. The Senate amendment, but not the House bill, includes

findings and a Sense of the Senate provision relating to campaign

finance reform legislation.

SR

154. The Senate amendment, but not the House bill, includes

a Sense of the Senate provision that nothing in the Act or any provision of law shall discourage the teaching of the Bible in any public school.

SR

155. The Senate amendment, but not the House bill, includes

a Sense of the Senate provision relating to science education.

SR

156. The Senate amendment, but not the House bill, includes

a Sense of the Congress provision regarding the study of the Declaration of Independence, the United States Constitution, and the

Federal Papers.

SR

157. The Senate amendment, but not the House bill includes

findings and a Sense of the Congress provision relating to the provision of educational materials which increase the awareness of

students about the contributions of veterans to the nation.

SR

158. The Senate amendment, but not the House bill, includes

findings and a Sense of the Senate provision regarding the benefits

of music and arts education.

SR

159. The House bill and the Senate amendment both prohibit

any mandatory nationwide test or certification of teachers. There

are technical differences in the two bills. The House bill, but not

the Senate amendment, includes a provision on the prohibition on

withholding of funds relating to teacher or paraprofessional certification.

HR with an amendment to insert House (b) after Senate

(b).

160. The House bill and the Senate amendment have similar

provisions on the prohibition of national testing with technical differences in the two versions. The Senate amendment, but not the

House bill, includes an exception for the National Assessment of

Educational Progress and the Third International Math and

Science Study. The House bill, but not the Senate amendment,

makes an exception for tests ‘‘specifically and explicitly authorized

by law.’’

SR with an amendment (see language below) and report

language:

1058

SEC. 8603. PROHIBITION ON FEDERALLY SPONSORED TESTING.

(a) GENERAL PROHIBITION.—Notwithstanding any other provisions of Federal law and except as provided in subsection (b), no

funds provided under this Act to the Secretary or to the recipient

of any award may be used to develop, pilot test, field test, implement, administer, or distribute any federally sponsored national

test in reading, mathematics, or any other subject, unless specifically and explicitly authorized by law.

(b) EXCEPTIONS.—Subsection (a) shall not apply to international comparative assessments developed under the authority of

section 404(a)(6) of the National Education Statistics Act of 1994

(20 U.S.C. 9003(a)(6) et seq.) and administered to only a representative sample of pupils in the United States and in foreign nations.

Report Language:

The prohibition on federally sponsored testing does not

apply to a test that is specifically and explicitly authorized

by law, inclusive of the National Education Statistics Act of

1994.

161. The Senate amendment, but not the House bill, includes

a rule of construction on the prohibition of discrimination relative

to the fifth and 14th Amendments.

HR

162. The House bill, but not the Senate amendment, includes

a Sense of the Congress provision relating to memorials on campus.

HR

163. The House bill and Senate amendment include Sense of

the Congress and Sense of the Senate provisions, respectively, regarding 95 percent of federal education funds being used for improving academic achievement in the classroom. The Senate

amendment includes findings while the House bill does not.

HR/SR to strike all language.

164. The House bill, but not the Senate amendment, includes

a provision on the evaluation of Elementary and Secondary Education Act programs. The Senate amendment does continue some

evaluations specific to individual programs.

SR

165. The House bill, but not the Senate amendment, transfers

comprehensive regional assistance centers from Title XIII of the Elementary and Secondary Education Act to Title VIII.

HR

166. The Senate amendment, but not the House bill, provides

for those grants or contracts entered into relating to section 3141

(current law Title III of ESEA is Regional Technical Support and

Professional Development) or part A or C of Title XIII (current law

part A is Comprehensive Regional Assistance Centers and part C

is Eisenhower Regional Mathematics and Science Education Consortia) before enactment of this Act, to be continued for the duration of such contract and award. The Senate amendment authorizes

such sums for this purpose. The Senate amendment, but not the

House bill, repeals this provision contingent upon enactment of a

law that reauthorizes a provision of the Educational Research, Development, Dissemination, and Improvement Act of 1994 and, provided such enactment occurs after the date of enactment of the BetVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 01062 Fmt 6601 Sfmt 6601 E:\HR\OC\A334HR.496 pfrm07 PsN: A334HR
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ter Education for Students and Teachers Act. See also section 3 of

the House bill relating to a transition rule for multiyear grants.

HR/SR with an amendment to be placed in Amendments

to Other Statutes:

‘‘CERTAIN MULTIYEAR GRANTS AND CONTRACTS.

‘‘SEC ll. IN GENERAL.—The Educational Research, Development, Dissemination, and Improvement Act of 1994 is amended by

adding the following provision after Part I.

‘‘PART J—CERTAIN MULTIYEAR GRANTS AND

CONTRACTS

‘‘SEC. 1001. (a) IN GENERAL.—Notwithstanding any other provision of law, from funds appropriated under subsection (b), the

Secretary—

‘‘(1) shall continue to fund any multiyear grant or contract

awarded under section 3141, and Part A and Part C of title

XIII, of the Elementary and Secondary Education Act of 1965

as such provision was in effect on the day preceding the date

of the enactment of the [SHORT TITLE], for the duration of

that multiyear award in accordance with its terms; and

‘‘(2) may extend, on a year-to-year basis, any multiyear

grant or contract awarded under an authority described in

paragraph (1) that expires after the enactment of [SHORT

TITLE], but before the enactment of successor authority to the

Educational Research, Development, Dissemination, and Improvement Act of 1994.

‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated for each fiscal year such sums as may be

necessary to carry out subsection (a).’’

167. The House bill, but not the Senate amendment, transfers

the national diffusion network from Title XIII of the Elementary

and Secondary Education Act to Title VIII.

HR

168. The House bill, but not the Senate amendment, transfers

the Eisenhower Regional Mathematics and Science Education Consortia from Title XIII of the Elementary and Secondary Education

Act to Title VIII.

HR

169. The House bill, but not the Senate amendment, transfers

the Technology-Based Technical Assistance program from Title XIII

of the Elementary and Secondary Education Act to Title VIII.

HR

170. The House bill, but not the Senate amendment, transfers

the Regional Technical Support and Professional Development program from Title III of the Elementary and Secondary Education

Act to Title VIII.

HR

LC—Add the following provisions in General Provisions

where most appropriate: ‘‘SEC. ll. (a) UNSAFE SCHOOL CHOICE POLICY.—Each State

receiving funds under this Act shall establish and implement a

1060

statewide policy requiring that a student attending a persistently

dangerous public elementary and secondary school, as determined

by the State in consultation with a representative sample of local

educational agencies, or who becomes a victim of a violent criminal

offense, as determined by State law, while in or on the grounds of

a public elementary or secondary school that the student attends,

be allowed to attend a safe public elementary or secondary school

within the local educational agency, including a public charter

school. ‘‘(b) CERTIFICATION.—As a condition of receiving funds under

this Act, a State shall certify in writing to the Secretary that the

State is in compliance with this section.’’

CIVIL RIGHTS OF BENEFICIARIES

‘‘SEC. ll. (a) IN GENERAL.—Nothing in this Act shall be construed to permit discrimination on the basis of race, color, religion,

sex (except as otherwise permitted under Title IX of the Education

Amendment of 1972), national origin, or disability in any program

funded under this Act. ‘‘(b) RULE OF CONSTRUCTION.—Nothing in this Act shall be construed to require the disruption of services to a child or the displacement of a child enrolled in or participating in a program administered by an eligible entity, as defined in section 1116 of title

I and Part B of title V, at the commencement of the entity’s participation in a grant under section 1116 of title I or part B of title V.

Title IX—Miscellaneous Provisions

(Subsumed in Various Titles)

1. The House bill, but not the Senate amendment, makes several changes to the National Education Statistics Act (NESA)

which relate to the use of the National Assessment of Educational

Progress (NAEP) for purposes of rewards and sanctions under Title

VII of the House bill and requiring NAEP to be administered annually in reading and math.

HR (separate changes to NAEP now going in Title VI,

Part A)

2. The House bill, but not the Senate amendment amends the

General Education Provisions Act to give parents the right to access instructional materials, and to require parental consent prior

to giving or administering certain surveys, evaluations, medical

tests, treatments or immunizations to minors.

HR/SR with an agreement to move to Title X, Amendments to Other Statutes and with an amendment to strike

all language and insert the following:

‘‘SEC. . STUDENT PRIVACY, PARENTAL ACCESS TO INFORMATION,

AND ADMINISTRATION OF CERTAIN PHYSICAL EXAMINATIONS TO MINORS.

Section 445 of the General Education Provisions Act (20 U.S.C.

1232h) is amended as follows—

‘‘(a) Strike items (1) through (7) of subsection (b) and replace with the following items (1) through (8)—

‘‘(1) political affiliations or beliefs of the student or the

student’s parent;

1061

‘‘(2) mental or psychological problems of the student or

his family;

‘‘(3) sex behavior or attitudes;

‘‘(4) illegal, anti-social, self-incriminating or demeaning behavior;

‘‘(5) critical appraisals of other individuals with whom

respondents have close family relationships;

‘‘(6) legally recognized privileged or analogous relationships, such as those with lawyers, physicians, and ministers;

‘‘(7) religious practices, affiliations, or beliefs of the

student or student’s parent; or

‘‘(8) income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program),’’

‘‘(b) Redesignate subsections (c) through (e) as subsections

(d) through (f), respectively, and insert the following as subsection (c)—

‘‘(c) DEVELOPMENT OF LOCAL POLICIES CONCERNING STUDENT PRIVACY, PARENTAL ACCESS TO INFORMATION, AND ADMINISTRATION OF CERTAIN PHYSICAL EXAMINATIONS TO MINORS.—

‘‘(1) Except as provided in subsections (a) and (b), a

local educational agency that receives funds under any applicable program shall develop and adopt policies, in consultation with parents, regarding—

‘‘(A) the right of a parent of a student to inspect

upon the request of the parent a survey created by a

third party before the survey is administered or distributed by a school to a student, and any applicable

procedures for granting a request by a parent for reasonable access to such survey within a reasonable period of time after the request is received;

‘‘(B) arrangements to protect student privacy that

are provided by the agency in the event of the administration or distribution of a survey to a student containing one or more of the following items, including

the right of a parent of a student to inspect upon the

request of the parent any survey containing one or

more of the following items—

‘‘(i) political affiliations or beliefs of the student or the student’s parent;

‘‘(ii) mental or psychological problems of the

student or his family;

‘‘(iii) sex behavior or attitudes;

‘‘(iv) illegal, anti-social, self-incriminating or

demeaning behavior;

‘‘(v) critical appraisals of other individuals

with whom respondents have close family relationships;

‘‘(vi) legally recognized privileged or analogous

relationships, such as those with lawyers, physicians, and ministers;

1062

‘‘(vii) religious practices, affiliations, or beliefs

of the student or student’s parent; or ‘‘(viii) income (other than that required by law

to determine eligibility for participation in a program or for receiving financial assistance under

such program); and

‘‘(C) the right of a parent of a student to inspect

upon the request of the parent any instructional material used as part of the educational curriculum of the

student, and any applicable procedures for granting a

request by a parent for reasonable access to instructional material within a reasonable period of time

after the request is received; ‘‘(D) the administration of physical examinations

or screenings that the school or agency may choose to

administer to a student; ‘‘(E) the collection, disclosure, or use of personal

information collected from students for the purpose of

marketing or for selling or giving such personal information to others for such purpose, including arrangements to protect student privacy that are provided by

the agency in the event of the collection, disclosure, or

use of personal information collected from students for

the purpose of marketing or for selling or giving such

information to others for such purpose; and ‘‘(F) the right of a parent of a student to inspect

upon the request of the parent any such instrument

used in the collection of personal information in subsection (E) before the instrument is administered or

distributed to a student, and any applicable procedures for granting a request by a parent for reasonable access to such instrument within a reasonable period of time after the request is received.

‘‘(2) NOTIFICATION OF POLICIES AND SPECIFIC EVENTS

TO PARENT.—(A) The policies developed by a local educational agency under subsection (c)(1) shall provide for

reasonable notice of the adoption of such policies directly

to the parents of students enrolled in schools in that agency. At a minimum, such notice shall be provided at least

annually at the beginning of the school year as well as

within a reasonable period of time after any substantive

change in such guidelines and shall offer the parent an opportunity to opt his or her child out of participation in

(and for the purpose of subparagraph (i) shall offer students of an appropriate age an opportunity to opt out of

participation in)— ‘‘(i) activities involving the collection, disclosure,

or use of personal information collected from students

for the purpose of marketing or for selling or giving

such personal information to others for such purpose;

‘‘(ii) any survey containing one or more items listed in subsection (c)(1)(B); and

‘‘(iii) any non-emergency, invasive physical examination or screening that is required as a condition of

1063

attendance and administered by the school and scheduled by the schools in advance, and is not necessary

to protect the immediate health and safety of the student or other students.

‘‘(B) NOTIFICATION OF SPECIFIC EVENTS.—The local

education agency shall directly notify the parent of a student, at least annually at the beginning of the school year,

of the specific or approximate dates during the school year

when the following activities are scheduled or expected to

be scheduled—

‘‘(i) activities involving the collection, disclosure,

or use of personal information collected from students

for the purpose of marketing or for selling or giving

such personal information to others for such purpose;

‘‘(ii) any survey containing one or more items listed in subsection (c)(1)(B); and

‘‘(iii) any non-emergency, invasive physical examination or screening that is required as a condition of

attendance and administered by the school and scheduled by the schools in advance, and is not necessary

to protect the immediate health and safety of the student or other students.

‘‘(3) EXISTING GUIDELINES.—A local educational agency

or institution need not develop and adopt new guidelines

if the state educational agency or local educational agency

has policies in place covering the requirements of subsection (c)(1) on the day of the enactment of the [Short

Title], but shall provide reasonable notice of such existing

policies to parents and guardians of students as set forth

in subsection (c)(2).

‘‘(4) EXCEPTIONS.—

‘‘(A) EDUCATIONAL PRODUCTS OR SERVICES.—Section (c)(1)(E) shall not apply to the collection, disclosure, or use of personal information collected from students for the exclusive purpose of developing, evaluating, or providing educational products or services

for, or to, students or educational institutions, such as

the following—

‘‘(i) college or other post-secondary education

recruitment or military recruitment;

‘‘(ii) book clubs, magazines, and programs providing access to low-cost literary products;

‘‘(iii) curriculum and instructional materials

used by elementary and secondary schools;

‘‘(iv) tests and assessments used by elementary and secondary schools to provide cognitive,

evaluative, diagnostic, clinical, aptitude, or

achievement information about students (or to

generate other statistically useful data for the

purpose of securing such tests and assessments)

and the subsequent analysis and public release of

aggregate data;

1064

‘‘(v) the sale by students of products or services to raise funds for school—or education-related

activities; and ‘‘(vi) student recognition programs. ‘‘(B) STATE LAW EXCEPTION.—The provisions of

subsection (c) shall not— ‘‘(i) be construed to preempt provisions of State

law that require parental notification; or ‘‘(ii) apply to any physical examination or screening that is permitted or required by State law, including those physical examinations or screenings that are

permitted without parental notification.

‘‘(5) DEFINITIONS.—(A) LOCAL EDUCATIONAL AGENCY. For the purpose of subsection (c), the term ’local educational agency’ means any elementary, middle, or secondary school, and any school district or local board of education that is the recipient of funds under any applicable

program, but does not include postsecondary institutions. ‘‘(B) INSTRUCTIONAL MATERIAL. For the purpose of subsection (c), the term ’instructional material’ means instructional content that is provided to a student regardless of

its format, including printed or representational materials,

audio/visual materials, and materials in electronic or digital formats (such as materials accessible through the

internet), but does not include academic tests or academic

assessments. ‘‘(C) INVASIVE PHYSICAL EXAMINATION. For the purpose

of this section, the term ’invasive physical examination’ means any medical examination that involves the exposure

of private body parts, or any act during such examination

that includes incision, insertion, or injection into the body,

but does not include hearing, vision, or scoliosis

screenings. ‘‘(D) PARENT. For the purpose of this section, the term

’parent’ includes a guardian.

‘‘(E) PERSONAL INFORMATION. For the purpose of this

section, the term ’personal information’ means individually

identifiable information including— ‘‘(i) a student or parent’s first and last name; ‘‘(ii) a home or other physical address including

street name and name of city or town; ‘‘(iii) a telephone number; or

‘‘(iv) a Social Security number. ‘‘(F) STUDENT. For the purpose of this section, the term

’student’ means any elementary or secondary school student.

‘‘(G) SURVEY. For the purpose of this section, the term

’survey’ includes an evaluation.

‘‘(6) GENERAL PROVISIONS.—(A) IN GENERAL.—(i) Nothing

in this section shall be construed to supercede section 444 of

the General Education Provisions Act (20 U.S.C. 1232g). ‘‘(ii) Subsection (c)(1)(D) shall not apply to surveys administered to a student in accordance with the Individuals

with Disabilities Education Act (20 U.S.C. 1400 et seq.).

1065

‘‘(B) STUDENT RIGHTS. The rights provided to parents

under this section transfer to the student once the student

turns 18 years old, or is an emancipated minor at any age. ‘‘(C) INFORMATION ACTIVITIES. The Secretary shall annually inform each State educational agency and each local

educational agency of the educational agency’s obligations

under sections 444 and 445 of the General Education Provisions Act (20 U.S.C. 1232g). ‘‘(D) FUNDING. A State educational agency or local educational agency may use funds provided under part A of

title V of the [Short Title] to enhance parental involvement

in areas affecting children’s in-school privacy.’’. Report Language:

The Conferees intend that the term ‘‘condition of attendance’’ includes any action, whether overt or implicit, by a

school or local educational agency in the announcement,

scheduling, or administration of a non-emergency, invasive

physical examination or screening which states or implies

that the school- or local educational agency-administered

examination or screening is required, compulsory, or may

not be opted out of by the parent.

3. Both the House bill and the Senate amendment are identical

in this section.

Notes 3–7: agreement to move to Title IX, General Provisions;

Notes 3–5, HR/SR with an amendment;

Notes 6–7, SR with an amendment;

(Ratified October 30, 2001).

‘‘SEC. . EQUAL ACCESS TO PUBLIC SCHOOL FACILITIES.

‘‘(a) SHORT TITLE.—This section may be cited as the ‘‘Boy

Scouts of America Equal Access Act.’’ ‘‘(b) IN GENERAL.—Notwithstanding any other provision of law,

no public elementary school, public secondary school, local educational agency, or State educational agency that has a designated

open forum or a limited public forum shall deny equal access or a

fair opportunity to meet to, or discriminate against, any group officially affiliated with the Boy Scouts of America, or any other youth

group listed in title 36 of the United States Code as a patriotic society, that wishes to conduct a meeting within that designated open

forum or limited public forum, including for reasons based on the

membership or leadership criteria or oath of allegiance to God and

country of the Boy Scouts of America or of the youth group listed

in title 36 of the United States Code as a patriotic society.

‘‘Nothing in this section requires any school or a school served

by an agency to sponsor any group officially affiliated with the Boy

Scouts of America, or any other youth group listed in title 36 of the

United States Code as a patriotic society. ‘‘(c) TERMINATION OF ASSISTANCE AND OTHER ACTION.—

‘‘(1) DEPARTMENTAL ACTION.—The Secretary is authorized

and directed to effectuate subsection (b) by issuing, and securing compliance with, rules or orders with respect to a public elementary school, public secondary school, local educational

agency, or State educational agency that receives funds made

available through the Department of Education and that deVerDate 11-MAY-2000 22:39 Dec 15, 2001 Jkt 076598 PO 00000 Frm 01069 Fmt 6601 Sfmt 6601 E:\HR\OC\A334HR.499 pfrm07 PsN: A334HR
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nies equal access, or a fair opportunity to meet, or discriminates, as described in subsection (b).

‘‘(2) PROCEDURE.—The Secretary shall issue and secure

compliance with the rules or orders, under paragraph (1),

through the Office of Civil Rights and in a manner consistent

with the procedure used by a Federal department or agency

under section 602 of the Civil Rights Act of 1964 (42 U.S.C.

2000d–1). If the public school or agency does not comply with

the rules or orders, then notwithstanding any other provision

of law, no funds made available through the Department of

Education shall be provided to the school or any school served

by the agency.

‘‘(3) JUDICIAL REVIEW.—Any action taken by the Secretary

under paragraph (1) shall be subject to the judicial review described in section 603 of that Act (42 U.S.C. 2000d–2). Any person aggrieved by the action may obtain that judicial review in

the manner, and to the extent, provided in section 603 of that

Act.

‘‘(d) DEFINITIONS AND RULE.—

‘‘(1) DEFINITIONS.—In this section:

‘‘(A) ELEMENTARY SCHOOL; LOCAL EDUCATIONAL AGENCY; SECONDARY SCHOOL; STATE EDUCATIONAL AGENCY.—The

terms ‘elementary school’, ‘local educational agency’, ‘secondary school’, and ‘State educational agency’ have the

meanings given the terms in section 14101 of the Elementary and Secondary Education Act of 1965 [update cite].

‘‘(B) SECRETARY.—The term ‘Secretary’ means the Secretary of Education.

‘‘(C) YOUTH GROUP.—The term ‘youth group’ means

any group or organization intended to serve young people

under the age of 21.

‘‘(2) RULE.—For purposes of this section, an elementary

school or secondary school has a limited public forum whenever

the school involved grants an offering to, or opportunity for,

one or more outside youth or community groups to meet on

school premises or in school facilities before or after the hours

during which attendance at the school is compulsory.’’

4. The House bill and the Senate amendment address access

to and use of school facilities by the Boy Scouts of America or of

youth groups that prohibit the acceptance of homosexuals, or individuals who reject the Boy Scouts’ or the youth group’s oath of allegiance to God and country. The two provisions are substantially the

same with minor technical differences.

HR/SR with an amendment (see note 3).

5. The House bill and the Senate amendment have same effective date with exception that the House uses the clause ‘‘notwithstanding section 5.’’

HR/SR with an amendment (see note 3).

6. The Senate amendment, but not the House bill, includes a

second provision on the Boy Scouts. A short title is included in section 1501 of the Senate amendment but not the House bill.

SR with an amendment (see note 3).

1067

7. The Senate amendment, but not the House bill, addresses

equal access to the use of school facilities by the Boy Scouts or any

other group, regardless of the groups’ sexual orientation.

SR with an amendment (see note 3).

8. The House bill repeals Parts A and C of Title II and Title

VI of the Goals 2000: Educate America Act. The Senate amendment repeals all of the Goals 2000: Educate America Act.

SR and an agreement to move to Title X’s repeals section.

9. The House bill, but not the Senate amendment, repeals the

Troops to Teachers Program Act of 1999.

LC and an agreement to move to Title X’s repeals section.

10. The House bill repeals Title IX; Parts A, B, C, D, F, G, I,

J, and L of Title X; Titles XI,; Title XII; the title heading of Title

XIII and sections 13001 and 13002; and Title XIV. The Senate

amendment repeals Titles IX through XIV.

LC and an agreement to move to Title X’s repeals section.

11. The Senate amendment, but not the House bill, includes

several provisions relating to the collection of information from students which is used for commercial purposes.

HR/SR (see note 2).

12. The Senate amendment, but not the House bill, requires

State and local educational agencies that receive funds under the

Act to develop and adopt guidelines to protect student privacy.

HR/SR (see note 2).

13. The Senate amendment but not the House bill includes a

separate public school choice program.

HR with an agreement to move to Title V, part B; and

with an amendment to strike ‘‘125,000,000’’ and to insert ‘‘100,000,000’’; to strike ‘‘each subsequent fiscal year’’ and to

insert ‘‘such sums as may be necessary for each of the six

succeeding fiscal years’’.

Report Language:

The Conferees agree that the term ‘‘school construction’’

does not refer to minor renovations or repairs conducted in

a school or classroom or to the leasing or purchase of modular classroom facilities which are understood to be appropriate capacity-enhancing activities that enable high-demand public school to accommodate transfer requests under

the program. The Conferees intend that students who transfer to another public school shall be enrolled in classes and

other activities in the same manner as all other children at

the public school.

14. The Senate amendment, but not the House bill, authorizes

parental information and resource centers.

HR with an agreement to move to Subpart 16 of Title V,

Part D (FIE) and an agreement to reduce the reservation for

the Parents as Teachers program from 50 percent to 30 percent.

15. The Senate amendment, but not the House bill, authorizes

a new summer academic enrichment program.

SR

1068

16. The Senate amendment, but not the House bill, authorizes

a dropout prevention program.

HR with an agreement to move to Title I, Part G and an authorization of $125 million for FY 2002 and such sums for

each of the 5 succeeding fiscal years.

17. The Senate amendment, but not the House bill, authorizes

a new grant program relating to advanced placement courses.

HR with an agreement to repeal current Higher Ed Act

AP program and move this new program to Title I, part H;

funded at such sums as necessary for FY 2002 and the 5 succeeding fiscal years.

18. The Senate amendment, but not the House bill, authorizes

the Secretary of Education to award grants to the National Student/Parent Mock Election, a nonprofit organization, to promote

voter participation in American elections.

HR with an agreement to move to Subpart 1 of Title V,

Part D (FIE) as a general use of funds.

19. The Senate amendment, but not the House bill, includes a

new program for the teaching of traditional American History.

HR with an agreement to move to Subpart 5 of Title II,

Part C.

20. The Senate amendment, but not the House bill, includes a

new program to promote economic and financial literacy.

HR with an agreement to move to Subpart 13 of Title V,

Part D (FIE).

21. The Senate amendment, but not the House bill, authorizes

the Director of the National Institutes of Health and the Secretary

of Education to jointly conduct a study on how exposure to violence

through movies, music, television and other media affects children’s

cognitive development. The Senate amendment also amends the

National Education Statistics Act to require the Commissioner of

Education Statistics to gather data on how much time children

spend on various forms of entertainment.

HR/SR with an amendment to strike all language and

add the following provision at Subpart 1 of Title V, Part D

(FIE).

‘‘SEC. XXXX. STUDIES OF NATIONAL SIGNIFICANCE.

(a) STUDIES.—The Secretary shall conduct the following studies

of national significance: ‘‘(i) Study regarding the health and learning impacts of environmentally unhealthy public school buildings on students

and teachers. The study shall include the following

information—

‘‘A. The characteristics of public elementary and secondary school buildings that contribute to unhealthy

school environments.

‘‘B. The health and learning impacts of environmental

unhealthy public school buildings on students that are attending or that have attended such schools.

‘‘C. Recommendations to Congress on how to assist

schools that are out of compliance with Federal or State

health and safety codes, and a cost estimate of bringing up

environmentally unhealthy public school buildings to minimum Federal health and safety building standards.

1069

‘‘(ii) Study regarding how exposure to violent entertainment (such as movies, music, television, Internet content, video

games, and arcade games) affects children’s cognitive development and educational achievement. ‘‘(iii) Study regarding the prevalence of sexual abuse in

schools, including recommendations and legislative remedies

for the problem of sexual abuse in schools. ‘‘(iv) Study on the most accurate measures of the rate at

which students drop out of and graduate from (including ontime graduation from) schools in the United States. ‘‘A. As part of the study, the Secretary shall examine

longitudinal means of measurement that follow individual

student progress, beginning with seventh grade and continuing through graduation from secondary schools, and

what states can do to establish or strengthen such systems.‘‘B. Not less than 1 year after the date of enactment

of this Act, the Secretary shall transmit to Congress a report containing the results of the study and any recommendations that the Secretary may have regarding the

subject of the study. ‘‘(b) COMPLETION DATE.—The studies under subsections (a)(i)-

(iii) shall be completed not later than 18 months after the enactment of the No Child Left Behind Act of 2001. ‘‘(c) PUBLIC DISSEMINATION.—The Secretary shall make the

study under (a)(i) available for public consumption through the

Educational Resources Information Center National Clearinghouse

for Educational Facilities of the Department of Education.’’ 22. The Senate amendment, but not the House bill, includes

findings regarding sexual abuse in schools, and an authorization

for the Secretary of Education in conjunction with the Attorney

General, to conduct a comprehensive study of the prevalence of sexual abuse in schools and to prepare a report thereon for submission

to relevant Congressional committees and others.

HR/SR to strike all language (see note 21)

23. The Senate amendment, but not the House bill, authorizes

a study of whether Federal income tax incentives that provide education assistance affect higher education tuition rates.

SR

24. The Senate amendment, but not the House bill, includes an

authorization for the Fund for the Improvement of Education, a

Secretarial discretionary grant program.

HR with an agreement to move to Subpart 1 of Title V,

Part D (FIE) amended to read as follows:

‘‘TITLE V, PART D—FUND FOR THE IMPROVEMENT OF

EDUCATION

‘‘PART A—FUND FOR THE IMPROVEMENT OF

EDUCATION

‘‘SEC. XXXX. FUND FOR THE IMPROVEMENT OF EDUCATION.

‘‘(a) PROGRAMS AND PROJECTS AUTHORIZED.—

‘‘(1) IN GENERAL.—From funds appropriated under this

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cant programs and projects to improve the quality of elementary and secondary education at the State and local levels and

help all children meet challenging academic content and

achievement standards.

‘‘(2) METHODS FOR CARRYING OUT PROGRAMS AND

PROJECTS.—The Secretary is authorized to carry out such programs and projects directly, or through grants to or contracts

with States or local educational agencies, institutions of higher

education, and other public and private agencies, organizations, and institutions.

‘‘(b) USES OF FUNDS.—The funds appropriated under this

part may be used for any of the following activities and programs:

‘‘(1) Activities to promote systemic education reform at the

State and local levels, including scientifically based research,

development, and evaluation designed to improve:

‘‘(A) student academic achievement at the State and

local level; and

‘‘(B) strategies for effective parent and community involvement.

‘‘(2) Programs at the State and local levels which are designed to yield significant results, including programs to explore approaches to public school choice and school-based decision-making.

‘‘(3) Recognition, which may include financial awards to

States, local educational agencies, and schools that—

‘‘(A) have made the greatest progress in improving the

academic achievement of economically disadvantaged students and students from major racial and ethnic minority

groups and in closing the academic achievement gap for

those groups of students farthest away from the proficient

level on the academic assessments administered by the

State under section 1111 of Title I; or

‘‘(B) are nominated by the States in which the schools

are located or, in the case of a Bureau of Indian Affairs

funded school, by the Secretary of the Interior, because

they have made the greatest progress in improving the

academic achievement of economically disadvantaged students and students from major racial and ethnic minority

groups and have closed the academic achievement gap for

those groups of students farthest away from the proficient

level on the academic assessments administered by the

State under section 1111 of Title I.

‘‘(4) Scientifically based studies and evaluations of education reform strategies and innovations, and the dissemination of information on the effectiveness of such strategies and

innovations.

‘‘(5) The identification and recognition of exemplary schools

and programs, such as Blue Ribbon Schools, including projects

to evaluate the effectiveness of using the best practices of exemplary or Blue Ribbon Schools to improve academic achievement.

1071

‘‘(6) Activities to support Scholar-Athlete Games programs,

including the World Scholar-Athlete Games and the U.S.

Scholar-Athlete Games.

‘‘(7) Programs to promote voter participation in American

elections through programs such as the National Student/Parent Mock Election and Kids Voting USA.

‘‘(8) demonstrations relating to the planning and evaluations of the effectiveness of projects under which local educational agencies or schools contract with private management

organizations to reform a school or schools.

‘‘(9) Other programs and projects that meet the purposes

of this section.

‘‘SEC. XXXX. GENERAL PROVISIONS.

‘‘(a) AWARDS MADE ON COMPETITIVE BASIS.—The Secretary

may:

‘‘(1) make awards under this part on the basis of competitions announced by the Secretary, and;

‘‘(2) support meritorious unsolicited proposals.

‘‘(b) SPECIAL RULE.—The Secretary shall ensure that programs,

projects, and activities supported under this part are designed so

that their effectiveness is readily ascertainable, and shall ensure

that such effectiveness is assessed using rigorous, scientifically

based research and evaluations.

‘‘(c) PEER REVIEW.—The Secretary shall use a peer review process in reviewing applications for assistance under this part and in

recognizing States, local educational agencies and schools under

section XXXX (b)(3) [Recognition] only if funds are used for such

activity, and may use funds appropriated under this part for the

cost of such peer review.

‘‘(d) APPLICATIONS.—An applicant for an award under this part

shall submit an application which—

‘‘(1) establishes clear goals and objectives for its project

under this part which are based on scientifically based research; and

‘‘(2) describes the activities it will carry out in order to

meet the goals and objectives described in paragraph (1).

‘‘(e) EVALUATIONS.—A recipient of an award under this part

shall—

‘‘(1) evaluate the effectiveness of its project in achieving

the goals and objectives stated in its application; and

‘‘(2) report to the Secretary such information as may be required, including evidence of its progress toward meeting such

goals, to determine the project’s effectiveness.

‘‘(f) DISSEMINATION OF EVALUATION RESULTS.—The Secretary

shall provide for the dissemination of the evaluations of projects

funded under this part by making the evaluations publicly available upon request, and shall publish public notice that the evaluations are so available.

‘‘(g) MATCHING FUNDS.—The Secretary may require recipients

of awards under this part to provide matching funds from non-Federal sources.

‘‘(h) SPECIAL RULE.—The requirements of (d) [Applications], (e)

[Evaluations], and (f) [Dissemination of Evaluation Results] shall

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not apply to activities described in section XXXX (b)(3) [Recognition].

‘‘SEC. XXXX. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated to carry out this part

the following amounts:

$550 million for FY 2002

$575 million for FY 2003

$600 million for FY 2004

$625 million for FY 2005

$650 million for FY 2006

$675 million for FY 2007.’’

25. The Senate amendment, but not the House bill, authorizes

the Secretary of Education to award grants to a specific non-profit

organization for the purpose of reimbursing such organization for

the costs of conducting scholar-athlete games.

HR with an agreement to move to Subpart 1 of Title V,

Part D (FIE) as a general use of funds.

26. The Senate amendment, but not the House bill, authorizes

a Physical Education for Progress program.

HR with an agreement to move to Subpart 10 of Title V,

Part D (FIE).

27. The Senate amendment, but not the House bill, authorizes

a Smaller Learning Communities program. Similar activities are

included in Title V, Part B, Subpart 4, Chapter 5 (use of funds

under innovative education program strategies) of the Senate

amendment.

HR with an agreement to move to Subpart 4 of Title V,

Part D (FIE).

28. The Senate amendment, but not the House bill, authorizes

a study of the health and learning impacts of dilapidated or environmentally unhealthy public school buildings upon students.

HR/SR to strike all language (see note 21).

29. The Senate amendment, but not the House bill, establishes

a new program relating to improving the energy-efficiency and environmental soundness of school buildings.

HR with an agreement to amend and move to Subpart

18 of Title V, Part D (FIE).

Title IX, Part A, Subpart 2—Homeless Education

(New Title X, Part C)

SR for short title

1. House bill contains findings.

HR

2. Senate amendment does not contain similar provisions.

HR

3. House bill contains a purpose.

HR

4. Senate amendment contains no similar provision.

HR

5. House bill and Senate amendment contain identical provision that clarifies that homelessness alone is not sufficient reason

1073

to separate students from the mainstream school environment

(strikes ‘should not be’ and replaces with ‘is not’).

SR with an amendment to insert ‘‘appropriate’’ before

‘‘public education’’ in House paragraph (1) and insert ‘‘appropriate’’ before ‘‘public education’’ in House paragraph

(2).

6. House bill and Senate amendment are identical.

LC

7. House bill and Senate amendment are identical.

LC

8. House bill increases the amount of McKinney-Vento funding

available to small States to one-half of one percent of the overall

appropriation, or $125,000, whichever is greater.

SR with an amendment to set small state minimum at

$150,000 or 1⁄4 of 1% of the total appropriation, whichever is

greater, except that no state shall receive less than it received in FY 2001.

9. Senate amendment makes $100,000 available to small

States.

SR—See Note 8.

10. House bill and Senate amendment strike Palau from receiving funds.

LC

11. House bill requires the Secretary to transfer 1% to the Department of Interior by replacing ‘‘is authorized to’’ with ‘‘shall.’’

SR

12. Senate amendment authorizes the transfer.

SR

13. Virtually identical provisions.

LC

14. House bill provides States with greater flexibility to use

McKinney-Vento funds for statewide support and technical assistance activities.

SR

15. Senate amendment has a reservation of funds for statewide

activities.

SR

16. House bill prohibits states that receive McKinney funds

from segregating homeless students, except for short periods of

time for health and safety emergencies or to provide temporary,

special, supplementary services. However, separate schools established before the enactment of the law are excluded from this prohibition and may continue to receive McKinney funds.

HR

17. Senate amendment prohibits states that receive McKinney

funds from segregating homeless students, except for short periods

of time for health and safety emergencies or to provide temporary,

special, supplementary services. However, a State that has a separate school for homeless children or youth that was operated in fiscal year 2000 in a covered county (San Joaquin County, CA; Orange County, CA; San Diego County, CA; and Maricopa County,

AZ) is excluded from this prohibition and may continue to receive

McKinney funds as long as such schools and the LEAs that homeVerDate 11-MAY-2000 19:30 Dec 15, 2001 Jkt 076598 PO 00000 Frm 01077 Fmt 6601 Sfmt 6601 E:\HR\OC\A334HR.503 pfrm07 PsN: A334HR
1074

less children enrolled in the separate school are entitled to attend

meet the requirements set forth in this section.

HR

18. House bill and Senate amendment contain virtually identical language that revises the provisions for the Coordinator of

Education of Homeless Children and Youth, however, House bill requires that this information be gathered ‘‘to the extent possible.’’

HR

‘‘It is the intention of the conferees that the Office of the Coordinator shall coordinate with the State Educational Agency, state

social services agencies, and other agencies, including agencies providing mental health services, to provide services to homeless children, youth, and families.’’

19. House bill requires Coordinators to provide technical assistance to ensure that LEAs comply with paragraphs 3 through 7 of

the State plan.

SR (Accept both provisions—notes 19 & 20).

20. Senate amendment requires Coordinators to provide technical assistance to ensure that LEAs comply with the prohibition

on segregating homeless students. House bill and Senate amendment revise the State plan.

HR (Accept both provisions—notes 19 & 20).

21. House bill and Senate amendment revise the State plan.

LC

22. House bill requires the State plan to describe procedures

that ensure that homeless youth and youth separated from the

public schools are identified and accorded equal access to appropriate secondary education and support services.

SR

23. House bill adds immunization and medical records to the

list of problems which may cause enrollment delays, Senate amendment does not.

SR

24. House bill adds uniform or dress code requirements to the

list of problems which may cause enrollment delays, Senate amendment does not.

SR

25. House bill and Senate amendment contain similar language requiring the State plan contain assurances that SEAs and

LEAs will adopt policies and practices to ensure that homeless children and youth are not segregated on the basis of their status as

homeless.

HR on Senate (i).

SR on House (J) (ii).

26. House bill requires the State plan to contain assurances

that the State and school districts will adopt policies and practices

to ensure that transportation is provided to and from the school of

origin.

SR

27. Senate amendment contains no similar provision.

SR

28. Virtually identical provisions.

LC

1075

29. House bill requires State plan to describe technical assistance the State will offer LEAs.

SR

30. Senate amendment contains no similar provision.

SR

31. House bill and Senate amendment revise LEA requirements with virtually identical provisions.

LC

32. Senate amendment requires LEAs to consider the wishes

of unaccompanied youth in placement decisions.

SR

33. House bill requires that parents, guardian, or unaccompanied youth are given written notice of right of appeal.

SR

34. Senate amendment contains no similar provision.

SR

35. House bill contains language regarding enrollment decisions for unaccompanied youth. Senate amendment does not contain this provision.

SR with an amendment to (B)(iii) to add ‘‘considers the

views of such unaccompanied youth’’ after ‘‘subparagraph.’’ 36. Senate amendment specifies that the student shall be referred to the appropriate authorities if the child or youth needs to

obtain immunizations.

SR

37. House bill specifies that the student shall be referred to the

liaison if the child or youth needs to obtain immunizations.

SR

38. House bill contains language requiring ordinarily kept

records of students be maintained so that they are available when

a child or youth enters a new school or school district.

SR

39. House bill provides that written explanation of right of appeal is provided to the parent or guardian.

SR

40. Senate amendment contains no similar provision.

SR

41. House bill specifies that the local liaison carries out the

dispute resolution process.

SR

42. Senate amendment contains no similar provision.

SR

43. House bill provides LEA authority to require submission of

contact information.

SR with an amendment to strike all after ‘‘information’’

in (H).

44. Senate amendment contains no similar provision.

SR with an amendment as noted in Note 43.

45. House bill and Senate amendment are identical.

LC

46. House bill and Senate amendment contain virtually identical language.

LC

47. House bill contains language on interdistrict coordination.

1076

SR

48. Senate amendment contains no similar provision.

SR

49. House bill and Senate amendment contain similar provisions except that House bill adds ‘‘reasonable proximity.’’ SR

50. House bill and Senate amendment revise the duties of the

local liaison with virtually identical language.

LC

51. House bill provides that the liaison coordinate with school

personnel and other entities to identify homeless children.

SR with an amendment to strike ‘‘an’’ and insert ‘‘a full

and’’ before ‘‘equal’’. 52. House bill requires the liaison to inform students about

transportation services.

SR

53. Senate amendment contains no similar provision.

SR

54. House bill requires notice for all LEAs.

SR

55. Senate amendment requires notice for LEAs receiving assistance under this subtitle.

SR

56. House bill and Senate amendment are identical.

LC

57. House bill and Senate amendment revise LEA services for

homeless children and youth with virtually identical language.

SR

58. Similar provisions.

LC

59. House bill and Senate amendment are identical.

LC

60. House bill revises the LEA application language.

SR

61. Senate amendment makes a minor modification to current

law that is similar to language in House bill.

LC

62. House bill and Senate amendment are virtually identical.

LC

63. House bill revises language regarding grants awarded to

LEAs.

LC

64. House bill and Senate amendment are virtually identical.

LC

65. House bill and Senate amendment contain language for determining the quality of applications that are virtually identical.

LC

66. Senate amendment specifies that case management services may be a factor used in determining quality.

SR with an amendment to add ‘‘such as the extent to

which the local educational agency provides case management or related services to homeless children and youth

who are unaccompanied by a parent or guardian’’ after

‘‘program’’ in House (G).

1077

(Adding Senate (G) to end of House (G)).

67. House bill contains no similar provision.

SR with an amendment as noted in Note 66.

68. House bill revises LEA authorized activities, Senate

amendment does not.

SR

69. House bill provides for outreach assistance to unaccompanied youth.

SR

70. Senate amendment contains no similar provision.

SR

71. House bill revises Secretarial Responsibilities section.

SR

72. House bill requires the Secretary to provide and disseminate notice of educational rights of homeless children.

SR

73. Senate amendment contains no similar provision.

SR

74. Senate amendment contains a requirement for the Secretary to develop and issue school enrollment guidelines for homeless children and youth.

HR with an amendment to strike ‘‘more quickly’’ and insert ‘‘immediately’’.

75. House bill contains language requiring the Secretary to disseminate information regarding the rights of homeless children and

youth (see ‘‘Sec. 724(c) NOTICE’’ above).

HR with an amendment as noted in Note 74.

76. House bill and Senate amendment contain virtually identical language regarding information collection and dissemination.

LC

77. House bill and Senate amendment contain virtually identical language regarding a report from the Secretary on the education of homeless children and youth.

LC

78. House bill specifically mentions ‘‘children and youth who

are living in doubled-up accommodations.’’

HR

79. House bill uses term ‘‘individuals’’ and Senate amendment

uses term ‘‘children and youth.’’

HR

80. Similar provisions.

HR

81. Identical provision.

LC

82. Similar provisions.

HR

83. Identical provision.

LC

84. House bill authorizes $60 million for fiscal year 2002 and

such sums as may be necessary for each of fiscal years 2003

through 2006.

HR

1078

85. Senate amendment authorizes $70 million for fiscal year

2002 and such sums as may be necessary for each of the 6 succeeding fiscal years.

HR with an amendment to strike ‘‘6’’ and insert ‘‘5’’.

Amendments to Other Statutes

(New Title X, Part G)

1. The Senate amendment, but not the House bill, amends the

term ‘‘qualified entity’’ of the National Child Protection Act of 1993

SR with an amendment to insert:

‘‘SEC. ——. ( ) BACKGROUND CHECKS.—Section 5(9) of the National Child Protection Act of 1993 (42 U.S.C. 5119c(9)) is

amended—

‘‘(1) in subparagraph (A)(i), by inserting ‘‘(including an individual who is employed by a school in any capacity, including

as a child care provider, a teacher, or another member of

school personnel)’’ before the semicolon; and

‘‘(2) in subparagraph (B)(i), by inserting ‘‘(including an individual who seeks to be employed by a school in any capacity,

including as a child care provider, a teacher, or another member of school personnel)’’ before the semicolon.’’

‘‘SEC ——. ( ) COORDINATOR FOR THE OUTLYING AREAS.—The

Department of Education Organization Act is amended by adding

at the end of Title II of such Act the following:

‘‘SEC. 220. COORDINATOR FOR THE OUTLYING AREAS

‘‘(a) ESTABLISHMENT.—The Secretary shall designate an office

of the Department to coordinate the activities of the Department

as they relate to the Outlying Areas.

‘‘(b) APPOINTMENT.—The head of the office designated under

subsection (a) shall appoint, not later than 3 months after the date

of enactment of [the Act] a coordinator for the Outlying Areas who

shall be a person with substantial experience in the operation of

Federal programs in the Outlying Areas.

‘‘(c) DUTIES.—The Coordinator for the Outlying Areas shall—

‘‘(1) serve as the principal advisor to the Department on

federal matters affecting the Outlying Areas;

‘‘(2) evaluate on a periodic basis the needs of education

programs in the Outlying Areas;

‘‘(3) assist with the coordination of programs which serve

the Outlying Areas; and

‘‘(4) provide guidance to programs within the Department

that serve the Outlying Areas.

‘‘(d) DEFINITION.—For the purposes of this section, the term

‘‘Outlying Areas’’ includes Guam, the Virgin Islands, American

Samoa, and the Commonwealth of the Northern Marianas Islands,

but does not include the Freely Associated States of the Republic

of the Marshall Islands, the Federated States of Micronesia, and

the Republic of Palau.’’

2. The Senate amendment, but not the House bill, amends the

Individuals With Disabilities Education Act to add a new chapter

3 to part D of IDEA relating to improving early intervention, educational, and transitional services.

1079

SR

3. The Senate amendment includes findings regarding IDEA.

SR

4. The House bill does not contain a similar provision.

SR

5. The Senate amendment would amend IDEA to allow LEAs

to treat as local funds up to 55 percent of funding increases beyond

the amount received in FY2001 and to petition the State to waive

the 55% cap. It would also allow the Secretary to prohibit the LEA

from supplanting funds if it does not meet part B requirements.

SR

6. The House bill does not contain a similar provision.

SR

7. The Senate amendment would amend IDEA to make funding of part B mandatory for fiscal years 2002–2011.

SR

8. The House bill does not contain a similar provision.

SR

9. Senate returns IDEA part B to a discretionary program for

FY2012 and subsequent years. House contains no similar provision.

SR

10. The Senate amendment, but not the House bill, includes

amendments to the Omnibus Crime Control and Safe Streets Act

of 1968 relating to school resource officers.

SR

11. The Senate amendment, but not the House bill, amends the

Higher Education Act to create a new program of loan forgiveness

for Head Start teachers.

SR

12. The Senate amendment, but not the House bill, includes

amendments to the Economic Espionage Act of 1966 relating to

Boys and Girls Clubs.

SR

13. The Senate amendment, but not the House bill, includes

amendments to the Carl D. Perkins Vocational and Technical Education Act of 1998

SR

14. The Senate amendment, but not the House bill, reauthorizes the National Environmental Education Act, including comprehensive changes.

SR

15. The Senate amendment, but not the House bill, includes

amendments to the Federal Insecticide, Fungicide, and Rodenticide

Act.

SR

16. The Senate amendment, but not the House bill, amends

section 112(f)(1) of the Kids 2000 Act

SR

LC: Add following provision.

‘‘SEC. —— . (a) COMPENSATION.—Section 5314 of title 5,

United States Code, is amended by adding at the end thereof the

following: ‘‘Under Secretary of Education’’.

1080

(b) EFFECTIVE DATE.—This Act shall take effect on the first

day of the first pay period that begins on or after the date of enactment of this Act.’’ For consideration of the House bill and the Senate amendment, and modifications committed to conference:

JOHN BOEHNER, THOMAS E. PETRI, MARGE ROUKEMA, HOWARD ‘‘BUCK’’ MCKEON, MIKE CASTLE, LINDSEY GRAHAM, VAN HILLEARY, JOHNNY ISAKSON, GEORGE MILLER, DALE E. KILDEE, MAJOR R. OWENS, PATSY T. MINK, ROBERT E. ANDREWS, TIM ROEMER, Managers on the Part of the House.

EDWARD KENNEDY,

CHRISTOPHER DODD,

TOM HARKIN,

BARBARA A. MIKULSKI,

JEFF BINGAMAN,

PATTY MURRAY,

JOHN EDWARDS,

HILLARY RODHAM CLINTON,

JOSEPH LIEBERMAN,

EVAN BAYH,

JUDD GREGG,

BILL FRIST,

MIKE ENZI,

TIM HUTCHINSON,

JOHN WARNER,

KIT BOND,

PAT ROBERTS,

SUSAN COLLINS,

JEFF SESSIONS,

MIKE DEWINE,

WAYNE ALLARD,

JOHN ENSIGN,

Managers on the Part of the Senate.

Æ