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[House Report 112-106]
[From the U.S. Government Publishing Office]

112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    112-106

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

 
            SETTING NEW PRIORITIES IN EDUCATION SPENDING ACT

                                _______
                                

 June 14, 2011.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

     Mr. Kline, from the Committee on Education and the Workforce, 
                        submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 1891]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Education and the Workforce, to whom was 
referred the bill (H.R. 1891) to repeal ineffective or 
unnecessary education programs in order to restore the focus of 
Federal programs on quality elementary and secondary education 
programs for disadvantaged students, having considered the 
same, report favorably thereon with an amendment and recommend 
that the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Setting New Priorities in Education 
Spending Act''.

SEC. 2. ELEMENTARY AND SECONDARY EDUCATION PROGRAMS.

  (a) Repeals.--The following provisions of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) are repealed:
          (1) Subpart 2 of part B of title I (20 U.S.C. 6371 et seq.; 
        relating to Early Reading First).
          (2) Subpart 3 of part B of title I (20 U.S.C. 6381 et seq.; 
        relating to the William F. Goodling Even Start Family Literacy 
        programs).
          (3) Subpart 4 of part B of title I (20 U.S.C. 6383; relating 
        to improving literacy through school libraries).
          (4) Section 1502 (20 U.S.C. 6492; relating to demonstrations 
        of innovative practices).
          (5) Section 1504 (20 U.S.C. 6494; relating to the Close Up 
        Fellowship program).
          (6) Part F of title I (20 U.S.C. 6511 et seq.; relating to 
        comprehensive school reform).
          (7) Part H of title I (20 U.S.C. 6551 et seq.; relating to 
        school dropout prevention).
          (8) Section 2151(b) (20 U.S.C. 6651(b); relating to school 
        leadership).
          (9) Section 2151(c) (20 U.S.C. 6651(c); relating to advanced 
        certification or advanced credentialing).
          (10) Section 2151(d) (20 U.S.C. 6651(d); relating to special 
        education teacher training).
          (11) Section 2151(e) (20 U.S.C. 6651(e); relating to early 
        childhood educator professional development).
          (12) Section 2151(f) (20 U.S.C. 6651(f); relating to teacher 
        mobility).
          (13) Subpart 2 of part C of title II (20 U.S.C. 6701 et seq.; 
        relating to the National Writing Project).
          (14) Subpart 4 of part C of title II (20 U.S.C. 6721 et seq.; 
        relating to the teaching of traditional American history).
          (15) Part D of title II (20 U.S.C. 6751 et seq.; relating to 
        enhancing education through technology).
          (16) Part B of title III (20 U.S.C. 6891 et seq.; commonly 
        referred to as the ``Improving Language Instruction Educational 
        Programs for Academic Achievement Act'').
          (17) Section 4003(1) (20 U.S.C. 7103(1); relating to subpart 
        1 of part A of title IV).
          (18) Subpart 1 of part A of title IV (20 U.S.C. 7111 et seq.; 
        relating to State grants for safe and drug-free schools and 
        communities).
          (19) Section 4129 (20 U.S.C. 7139; relating to grants to 
        reduce alcohol abuse).
          (20) Section 4130 (20 U.S.C. 7140; relating to mentoring 
        programs).
          (21) Subpart 2 of part D of title V (20 U.S.C. 7245; relating 
        to elementary and secondary school counseling programs).
          (22) Subpart 3 of part D of title V (20 U.S.C. 7247; relating 
        to partnerships in character education).
          (23) Subpart 4 of part D of title V (20 U.S.C. 7249; relating 
        to smaller learning communities).
          (24) Subpart 5 of part D of title V (20 U.S.C. 7251; relating 
        to the Reading is Fundamental--Inexpensive Book Distribution 
        program).
          (25) Subpart 6 of part D of title V (20 U.S.C. 7253 et seq.; 
        relating to gifted and talented students).
          (26) Subpart 7 of part D of title V (20 U.S.C. 7255 et seq.; 
        commonly referred to as the ``Star Schools Act'').
          (27) Subpart 8 of part D of title V (20 U.S.C. 7257 et seq.; 
        relating to the Ready to Teach program).
          (28) Subpart 9 of part D of title V (20 U.S.C. 7259 et seq.; 
        commonly referred to as the ``Foreign Language Assistance Act 
        of 2001'').
          (29) Subpart 10 of part D of title V (20 U.S.C. 7261 et seq.; 
        commonly referred to as the ``Carol M. White Physical Education 
        Program'').
          (30) Subpart 11 of part D of title V (20 U.S.C. 7263 et seq.; 
        relating to community technology centers).
          (31) Subpart 12 of part D of title V (20 U.S.C. 7265 et seq.; 
        relating to educational, cultural, apprenticeship, and exchange 
        programs for Alaska Natives, Native Hawaiians, and their 
        historical whaling and trading partners in Massachusetts).
          (32) Subpart 13 of part D of title V (20 U.S.C. 7267 et seq.; 
        commonly referred to as the ``Excellence in Economic Education 
        Act of 2001'').
          (33) Subpart 14 of part D of title V (20 U.S.C. 7269 et seq.; 
        relating to grants to improve the mental health of children).
          (34) Subpart 15 of part D of title V (20 U.S.C. 7271; 
        relating to arts in education).
          (35) Subpart 17 of part D of title V (20 U.S.C. 7275; 
        relating to combatting domestic violence).
          (36) Subpart 18 of part D of title V (20 U.S.C. 7277 et seq.; 
        relating to healthy, high-performance schools).
          (37) Subpart 20 of part D of title V (20 U.S.C. 7281 et seq.; 
        relating to additional assistance for certain local educational 
        agencies impacted by Federal property acquisition).
          (38) Subpart 21 of part D of title V (20 U.S.C. 7283 et seq.; 
        commonly referred to as the ``Women's Educational Equity Act of 
        2001'').
          (39) Part B of title VII (20 U.S.C. 7511 et seq.; commonly 
        referred to as the ``Native Hawaiian Education Act'').
          (40) Part C of title VII (20 U.S.C. 7541 et seq.; commonly 
        referred to as the ``Alaska Native Educational Equity, Support, 
        and Assistance Act'').
  (b) Conforming Amendments.--
          (1) Title i.--
                  (A) Section 1002.--Section 1002 of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 6302) is 
                amended--
                          (i) in subsection (b)--
                                  (I) by striking paragraphs (2) 
                                through (4); and
                                  (II) by striking the following:
  ``(b) Reading First.--
          ``(1) Reading first.--For'', and inserting the following:
  ``(b) Reading First.--For'';
                          (ii) in subsection (e)--
                                  (I) by striking paragraph (2); and
                                  (II) by striking the following:
  ``(e) Federal Activities.--
          ``(1) Sections 1501 and 1502.--For the purpose of carrying 
        out sections 1501 and 1502,'', and inserting the following:
  ``(e) Federal Activities.--For the purpose of carrying out section 
1501,'';
                          (iii) by striking subsection (f);
                          (iv) by redesignating subsections (g) through 
                        (i) as subsections (f) through (h), 
                        respectively;
                          (v) by striking subsection (g) (as so 
                        redesignated); and
                          (vi) by redesignating subsection (h) (as so 
                        redesignated) as subsection (g).
                  (B) Section 1116.--Section 1116(b)(3)(A)(i) of such 
                Act (20 U.S.C. 6316(b)(3)(A)(i)) is amended by striking 
                ``, and may include'' and all that follows through 
                ``part F''.
                  (C) Section 1202.--Section 1202 of such Act (20 
                U.S.C. 6362) is amended--
                          (i) in subsection (a)(1), by striking 
                        ``section 1002(b)(1)'' and inserting ``section 
                        1002(b)''; and
                          (ii) in subsection (c)(7)(A)(vii), by 
                        striking ``, including coordination'' and all 
                        that follows through ``where applicable''.
                  (D) Section 1703.--Section 1703 of such Act (20 
                U.S.C. 6533) is amended by striking ``section 1002(g)'' 
                and inserting ``section 1002(f)''.
          (2) Title ii.--
                  (A) Section 2103.--Section 2103 of such Act (20 
                U.S.C. 6603) is amended--
                          (i) in subsection (a), by striking ``subpart 
                        5'' and inserting ``section 2151(a)''; and
                          (ii) in subsection (b), by striking ``subpart 
                        5'' and inserting ``section 2151(a)''.
                  (B) Section 2123.--Section 2123(a)(5)(A) of such Act 
                (20 U.S.C. 6623(a)(5)(A)) is amended by striking ``, 
                and are coordinated'' and all that follows through 
                ``part D''.
          (3) Title iii.--Section 3001 of such Act (20 U.S.C. 6801) is 
        amended--
                  (A) in subsection (a)--
                          (i) in paragraph (1), by striking ``, except 
                        for subpart 4 of part B'';
                          (ii) by striking paragraph (2); and
                          (iii) by striking the following:
  ``(a) Authorization of Appropriations.--
          ``(1) In general.--Subject'', and inserting the following:
  ``(a) Authorization of Appropriations.--Subject'';
                  (B) in subsection (b)--
                          (i) in paragraph (1), by striking 
                        ``paragraphs (1) and (2) of'';
                          (ii) by striking paragraph (2); and
                          (iii) by striking the following:
  ``(b) Conditions on Effectiveness of Parts A and B.--
          ``(1) Part a.--Part A'', and inserting the following:
  ``(b) Conditions on Effectiveness of Part A.--Part A''; and
                  (C) by striking subsection (c).
          (4) Title iv.--Section 4003 of such Act (20 U.S.C. 7103) (as 
        amended by subsection (a)(17)), is further amended by striking 
        ``appropriated--'' and all that follows through ``such'' and 
        inserting ``appropriated such''.
          (5) Title vi.--Section 6222(a)(3) of such Act (20 U.S.C. 
        7351a(a)(3)) is amended by striking ``, as described in part D 
        of title II''.
          (6) Title ix.--
                  (A) Section 9101.--Section 9101 of such Act (20 
                U.S.C. 7801) is amended--
                          (i) by amending paragraph (13) to read as 
                        follows:
          ``(13) Covered program.--The term `covered program' means 
        each of the programs authorized by--
                  ``(A) part A of title I;
                  ``(B) part C of title I;
                  ``(C) part D of title I;
                  ``(D) part A of title II;
                  ``(E) part A of title III;
                  ``(F) part A of title IV;
                  ``(G) part B of title IV;
                  ``(H) part A of title V; and
                  ``(I) subpart 2 of part B of title VI.''; and
                          (ii) by amending paragraph (34)(A)(vii)(I) by 
                        striking ``(except'' and all that follows 
                        through ``part D of title II)''.
                  (B) Section 9501.--Paragraph (1) of section 9501(b) 
                of such Act (20 U.S.C. 7881(b)(1)) is amended to read 
                as follows:
          ``(1) In general.--This section applies to programs under--
                  ``(A) subpart 1 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 A of title III;
                  ``(F) part A of title IV; and
                  ``(G) part B of title IV.''.

    H.R. 1891, THE SETTING NEW PRIORITIES IN EDUCATION SPENDING ACT 
                            COMMITTEE REPORT

                                Purpose

    H.R. 1891, the Setting New Priorities in Education Spending 
Act, begins the process of reforming our nation's broken public 
education system. The bill repeals the authorization of more 
than 40 wasteful education programs, reducing by half the 
number of federal education programs under the Elementary and 
Secondary Education Act. The bill reduces the federal 
government's footprint in K-12 classrooms and ensures taxpayer 
dollars are not wasted on unnecessary, inefficient elementary 
and secondary education programs. Ultimately, the bill will 
help restore fiscal discipline and promote a more appropriate 
federal role in education.

                            Committee Action

    This bill begins the Committee on Education and the 
Workforce's effort to reform the Elementary and Secondary 
Education Act (ESEA) in the 112th Congress. As the Committee 
begins the reauthorization process, it is committed to 
examining the federal investment in education and evaluating 
elementary and secondary education programs.

                             109TH CONGRESS

Legislative action

    On October 7, 2005, Rep. John Boehner (R-OH), Rep. Tom 
DeLay (R-TX), Rep. Roy Blunt (R-MO), Rep. Sam Johnson (R-TX), 
Rep. John Kline (R-MN), Rep. Kenny Marchant (R-TX), Rep. 
Virginia Foxx (R-NC), Rep. Chris Chocola (R-IN), Rep. John 
Doolittle (R-CA), Rep. Jeff Flake (R-AZ), Rep. Trent Franks (R-
AZ), Rep. Patrick McHenry (R-NC), Rep. Mike Pence (R-IN), Rep. 
Pete Sessions (R-TX), Rep. John Shadegg (R-AZ), and Rep. Todd 
Tiahrt (R-KS) introduced H.R. 4018, the Setting Priorities in 
Spending Act of 2005. This bill repealed 14 programs from six 
federal education laws. Nine of the repealed programs are 
authorized under the Elementary and Secondary Education Act; 
most of which are included in H.R. 1891. Those programs 
include: Ready to Learn Television; Star Schools Act; Ready to 
Teach; Foreign Language Assistance Act of 2001; Community 
Technology Centers; Educational, Cultural, Apprenticeship, and 
Exchange Programs for Alaska Natives, Native Hawaiians, and 
their Historical Whaling and Trading Partners in Massachusetts; 
Arts in Education; and Women's Educational Equity.

                             111TH CONGRESS

Legislative action

    On May 6, 2009, Rep. Howard P. ``Buck'' McKeon (R-CA), Rep. 
John Boehner (R-OH), Rep. Eric Cantor (R-VA), Rep. Mike Pence 
(R-IN), Rep. Pete Hoekstra (R-MI), Rep. John Kline (R-MN), Rep. 
Rob Bishop (R-UT), Rep. Tom McClintock (R-CA), Rep. Duncan 
Hunter (R-CA), Rep. Sam Johnson (R-TX), Rep. Roscoe Bartlett 
(R-MD), Rep. John Linder (R-GA), Rep. Sue Myrick (R-NC), Rep. 
Jeb Hensarling (R-TX), Rep. John Culberson (R-TX), Rep. Kenny 
Marchant (R-TX), Rep. Michele Bachmann (R-MN), Rep. Doug 
Lamborn (R-CO), and Rep. Jason Chaffetz (R-UT) introduced H.R. 
2274, the Priorities in Education Spending Act. This bill 
repealed 70 programs across 15 federal education laws. Thirty 
of these programs are authorized under the Elementary and 
Secondary Education Act, and all of those programs are included 
in H.R. 1891. Those programs include: William F. Goodling Even 
Start Family Literacy Program; Improving Literacy Through 
School Libraries; Close Up Fellowship; Comprehensive School 
Reform; School Leadership; Advanced Certification or Advanced 
Credentialing; National Writing Project; Teaching of 
Traditional American History; Enhancing Education Through 
Technology; Ready to Learn Television; Bilingual and Emergency 
Immigrant Education; Grants to Reduce Alcohol Abuse; Mentoring 
Program; Elementary and Secondary School Counseling; Smaller 
Learning Communities; Reading is Fundamental; Star Schools Act; 
Ready to Teach; Foreign Language Assistance Program; Carol M. 
White Physical Education Program; Community Technology Centers; 
Educational, Cultural, Apprenticeship, and Exchange Programs 
for Alaska Natives, Native Hawaiians, and their Historical 
Whaling and Trading Partners in Massachusetts; Mental Health 
Integration and Foundations for Learning; Arts in Education; 
Healthy, High-Performance Schools; Additional Assistance for 
Certain Local Educational Agencies Impacted by Federal Property 
Acquisition; Women's Educational Equity; Native Hawaiian 
Education; and Alaska Native Education Equity.

                             112TH CONGRESS

Hearings

    On Thursday, February 10, 2011, the Committee on Education 
and the Workforce held a hearing in Washington, DC, on 
``Education in the Nation: Examining the Challenges and 
Opportunities Facing America's Classrooms.'' The purpose of the 
hearing was to learn what challenges states face in developing 
a high-quality education system, explore innovative policies 
that are being proposed and implemented at the state and local 
level, and examine the federal investment in education and its 
limited impact on student achievement. Testifying before the 
Committee were: Dr. Tony Bennett, Superintendent of Public 
Instruction, Indiana Department of Education, Indianapolis, IN; 
Ms. Lisa Graham Keegan, Founder, Education Breakthrough 
Network, Phoenix, AZ; Mr. Andrew Coulson, Director, Center for 
Educational Freedom, CATO Institute, Seattle, WA; and Mr. Ted 
Mitchell, President and CEO, New Schools Venture Fund, San 
Francisco, CA.
    On Tuesday, March 1, 2011, the Committee on Education and 
the Workforce held a hearing in Washington, DC, on ``Education 
Regulations: Weighing the Burden on Schools and Students.'' The 
purpose of the hearing was to examine the burden of federal, 
state, and local regulations on the nation's education system 
and to learn whether these time consuming and duplicative 
requirements ultimately improve student achievement. Testifying 
before the Committee were: Mr. Gene Wilhoit, Executive 
Director, Council of Chief State School Officers, Washington, 
DC; Dr. Edgar Hatrick, Superintendent, Loudoun County Public 
Schools, Ashburn, VA; Mr. Christopher B. Nelson, President, St. 
John's College, Annapolis, MD; and Ms. Kati Haycock, President, 
The Education Trust, Washington, DC.
    On Wednesday, March 9, 2011, the Committee on Education and 
the Workforce held a hearing in Washington, DC, on ``The Budget 
and Policy Proposals of the U.S. Department of Education.'' The 
purpose of the hearing was to discuss the Department's budget 
request for Fiscal Year 2012. Testifying before the Committee 
was The Honorable Arne Duncan, Secretary, U.S. Department of 
Education, Washington, DC.
    On Tuesday, March 15, 2011, the Committee on Education and 
the Workforce, Subcommittee on Early Childhood, Elementary, and 
Secondary Education, held a hearing on ``Education Regulations: 
Burying Schools in Paperwork.'' The purpose of the hearing was 
to hear from local officials representing elementary and 
secondary schools about the paperwork burden that bureaucratic 
regulations impose on their schools and school districts. 
Testifying before the Subcommittee were: Mr. Robert P. ``Bob'' 
Grimesey, Jr., Superintendent, Orange County Public Schools, 
Orange, VA; Mr. James Willcox, CEO, Aspire Public Schools, 
Oakland, CA; Ms. Jennifer A. Marshall, Director of Domestic 
Policy Studies, Heritage Foundation, Washington, DC; and Mr. 
Chuck Grable, Assistant Superintendent for Instruction, 
Huntington County Community School Corporation, Huntington, IN.
    On Wednesday, April 6, 2011, the Committee on Education and 
the Workforce held a hearing on ``Streamlining Federal 
Education and Workforce Programs: A Look at the GAO Report on 
Government Waste.'' The purpose of this hearing was to examine 
wasteful government spending as outlined in the March 2011 
Government Accountability Office (GAO) report entitled, 
``Opportunities to Reduce Potential Duplication in Government 
Programs, Save Tax Dollars, and Enhance Revenue.'' This report 
found several instances of overlapping federal programs, 
including 82 individual teacher quality programs administered 
by multiple agencies. Testifying before the Committee was The 
Honorable Gene Dodaro, Comptroller General, U.S. Government 
Accountability Office, Washington, DC.
    On Thursday, April 7, 2011, the Committee on Education and 
the Workforce held a hearing on ``Education Reforms: Promoting 
Flexibility and Innovation.'' The purpose of the hearing was to 
discuss the appropriate federal role in K-12 education and 
explore the work of state and local education leaders who are 
pushing for innovative approaches to education reform and 
greater state and local flexibility. Testifying before the 
Committee were: Dr. Janet Barresi, Oklahoma State 
Superintendent of Public Instruction, Oklahoma City, OK; Dr. 
Gary Amoroso, Superintendent, Lakeville Area Public Schools, 
Lakeville, MN; Mr. Yohance Maqubela, Chief Operating Officer, 
Howard University Middle School of Mathematics and Science, 
Washington, DC; and Dr. Terry Grier, Superintendent, Houston 
Independent School District, Houston, TX.

Legislative action

    On May 13, 2011, Rep. Duncan Hunter (R-CA), Rep. John Kline 
(R-MN), and Rep. Howard P. ``Buck'' McKeon (R-CA) introduced 
H.R. 1891, The Setting New Priorities in Education Spending 
Act. This bill repeals 43 ineffective and wasteful programs 
authorized under the Elementary and Secondary Education Act.
    The Committee on Education and the Workforce considered 
H.R. 1891 in legislative session on Wednesday, May 25, 2011 and 
reported it favorably, as amended, to the House of 
Representatives by a vote of 23-16. The Committee considered 
and adopted the following amendments to H.R. 1891:
     Representative Duncan Hunter (R-CA) offered an 
amendment in the nature of a substitute to make technical and 
clarifying changes to the legislation. The amendment was 
adopted by voice vote.
     Representative Todd Russell Platts (R-PA) offered 
an amendment to restore the authorization for the Parent 
Information and Resource Center (PIRC) program. The amendment 
passed by a vote of 20-19.
    The Committee further considered the following amendments 
to H.R. 1891, which were not adopted:
     Representative Dale Kildee (D-MI) offered an 
amendment to amend Reading First to offer literacy services in 
grades PreK to 12. This amendment failed by a vote of 16-23.
     Representative Rush Holt (D-NJ) offered an 
amendment to amend the Fund for the Improvement of Education to 
support foreign language education and other activities. This 
amendment failed by a vote of 16-23.
     Representative David Loebsack (D-IA) offered an 
amendment to amend the Safe and Drug Free Schools program to 
provide nonacademic support services for students. This 
amendment failed by a vote of 16-23.
     Representative Robert C. ``Bobby'' Scott (D-VA) 
offered an amendment to amend Local Innovative Education 
Programs to provide strategies for dropout prevention and 
efforts to strengthen teacher effectiveness. This amendment 
failed by a vote of 16-23.
     Representative Todd Russell Platts (R-PA) offered 
an amendment to restore the authorization for the William F. 
Goodling Even Start Family Literacy Program. This amendment 
failed by a vote of 18-21.
     Representative Susan Davis (D-CA) offered an 
amendment to amend the Teacher Quality State Grant program to 
support teacher and leader recruitment and development. This 
amendment failed by a vote of 16-23.
     Representative Mazie Hirono (D-HI) offered an 
amendment to restore the authorization for Native Hawaiian 
Education and Alaska Native Education Equity. This amendment 
failed by a vote of 16-23.
    Below is a summary of H.R. 1891.

                                Summary

Short title

    Section 1 gives the short title of the bill as the Setting 
New Priorities in Education Spending Act.

Elementary and secondary education programs

    Section 2 permanently repeals the authorizations for the 
following programs and makes technical and conforming changes:
     Early Reading First: The Early Reading First 
program provided funding for early childhood centers that focus 
on basic language, cognitive, and pre-reading skills.
     William F. Goodling Even Start Family Literacy 
Program: The Even Start Program offered grants to certain low-
income family literacy projects.
     Improving Literacy Through School Libraries: The 
Improving Literacy Through School Libraries program provided 
additional funding for school library media centers, materials, 
and media specialists.
     Demonstrations of Innovative Practices: Striving 
Readers, a childhood literacy program had been funded under the 
authority of this authorization.
     Close Up Fellowship Program: The Close Up 
Fellowship Program, which was administered by a private 
foundation, provided financial aid for low-income students, 
their teachers, and recent immigrants to come to Washington, 
DC.
     Comprehensive School Reform: The Comprehensive 
School Reform program provided formula grants for use in 
schools identified as needing improvement.
     School Dropout Prevention: The School Dropout 
Prevention program (High School Graduation Initiative) provided 
grants to help schools increase high school graduation rates.
     School Leadership: The School Leadership program 
provided grants to recruit, train, and mentor principals for 
high-need school districts.
     Advanced Certification or Advanced Credentialing: 
The Advanced Certification or Advanced Credentialing program 
was operated by the National Board for Professional Teaching 
Standards (NBPTS), a private organization, and provided funding 
for professional development.
     Special Education Teacher Training: The Special 
Education Teacher Training program provided funds to the 
University of Northern Colorado to train special education 
teachers.
     Early Childhood Educator Professional Development: 
The Early Childhood Educator Professional Development program 
offered grants to higher education institutions that provide 
professional development for early childhood educators who work 
with low-income families.
     Teacher Mobility: The National Panel on Teacher 
Mobility was created to study strategies for increasing 
mobility and employment opportunities for teachers.
     National Writing Project: The Department of 
Education provided funds to The National Writing Project, a 
private organization, to support programs that train teachers 
in teaching students how to write.
     Teaching of Traditional American History: The 
Teaching of Traditional American History Grant program provided 
competitive grants to elementary and secondary schools that 
teach American history as a separate academic subject.
     Enhancing Education Through Technology (Ed-Tech): 
Ed-Tech provided grants to State Educational Agencies (SEAs) to 
help elementary and secondary school students become 
``technologically literate.''
     Ready to Learn Television: Ready to Learn 
Television provided funding for the development of educational 
television.
     Improving Language Instruction Educational 
Programs: The Improving Language Instruction Educational 
Programs were designed to help limited English proficient 
students meet the same standards for academic achievement that 
all children are expected to meet.
     Bilingual and Emergency Immigrant Education 
Program: The Bilingual and Emergency Immigrant Education 
Program provided funding to school districts that experience 
unexpectedly large increases in student population due to 
immigration.
     State Grants for Safe and Drug-Free Schools and 
Communities: The Safe and Drug-Free Schools and Communities 
program funded certain drug-abuse and violence-prevention 
activities.
     Grants to Reduce Alcohol Abuse: The Grants to 
Reduce Alcohol Abuse program provided funding for alcohol abuse 
prevention programs.
     Mentoring Program: Mentoring Program grants 
supported school-based mentoring programs for certain children 
living in rural, high-crime, or troubled home environments.
     Elementary and Secondary School Counseling 
Program: The Elementary and Secondary School Counseling Program 
provided funding to school districts to establish or expand 
elementary and secondary school counseling programs.
     Partnerships in Character Education: The 
Partnerships in Character Education program provided grants for 
programs that educate students on elements of character such as 
caring, justice, forgiveness, and any other elements deemed 
appropriate.
     Smaller Learning Communities (SLC): SLC provided 
discretionary grants to school districts for use in public high 
schools with 1,000 or more students. SLCs included structures 
such as freshman academies, academies around career interests, 
student advisories, family advocate systems, and mentoring 
programs.
     Reading is Fundamental (RIF): RIF was a childhood 
literacy program.
     Javits Gifted and Talented: The Jacob K. Javits 
Gifted and Talented Students Education program provided grants 
for elementary and secondary schools to meet the needs of 
gifted and talented students.
     Star Schools: The Star Schools program provided 
grants to support distance education projects.
     Ready to Teach Grant Program: The Ready to Teach 
Grant Program supported online professional development for 
certain teachers and the development of educational video 
programming.
     Foreign Language Assistance Program: The Foreign 
Language Assistance Program provided grants for foreign 
language instruction.
     Carol M. White Physical Education Program: The 
Carol M. White Physical Education Program provided grants to 
school districts and community-based organizations to initiate 
or expand physical education programs.
     Community Technology Centers: The Community 
Technology Centers program was designed to provide residents of 
economically distressed urban and rural communities with 
increased access to information technology.
     Educational, Cultural, Apprenticeship, and 
Exchange Programs for Alaska Natives, Native Hawaiians, and 
Their Historical Whaling and Trading Partners in Massachusetts: 
The Alaska Natives, Native Hawaiians, and Their Historical 
Whaling and Trading Partners program directed funds to certain 
entities in Alaska, Hawaii, and Massachusetts that support 
projects and education programs to increase understanding of 
cultural diversity.
     Excellence in Economic Education: The Excellence 
in Economic Education program supported limited teaching of 
economic and financial literacy to kindergarten through 12th 
grade students.
     Grants To Improve the Mental Health of Children, 
Mental Health Integration: Grants for Mental Health Integration 
in Schools provided funding to SEAs, school districts, and 
Indian tribes to increase student access to mental health care 
by developing programs that link school systems with mental 
health systems.
     Grants To Improve the Mental Health of Children, 
Foundations for Learning: The Foundations for Learning program 
made competitive grants to school districts, local councils, 
community-based organizations, and other public and nonprofit 
entities for children's development and school readiness.
     Arts in Education: The Arts in Education program 
funded professional development for arts teachers in high-
poverty schools; replication of arts programs across school 
districts; and targeted awards to the John F. Kennedy Center 
for the Performing Arts and VSA Arts.
     Combating Domestic Violence: The Combating 
Domestic Violence program was designed to award grants to 
school districts for educating teachers, staff, and students on 
domestic violence issues.
     Healthy, High-Performance Schools: The Healthy, 
High-Performance Schools program was designed to award grants 
to schools for reducing energy use, meeting federal and state 
health and safety codes, and supporting healthful, energy 
efficient, and environmentally sound practices.
     Additional Assistance for LEAs Impacted by Federal 
Property Acquisition: This program provided additional 
assistance for eligible LEAs already receiving Impact Aid.
     Women's Educational Equity: The Women's 
Educational Equity program promoted educational equity for 
women and girls.
     Native Hawaiian Education: The Native Hawaiian 
Education program provided grants to Native Hawaiian 
organizations and agencies to develop education programs for 
native Hawaiian students.
     Alaska Native Education Equity: The Alaska Native 
Education Equity program provided funding to Alaska Native 
nonprofits and other organizations to develop education 
programs for Alaska Native students.

                            Committee Views

Background

    In 1965, Congress passed the Elementary and Secondary 
Education Act (ESEA) with the limited goal of providing states 
and local school districts additional resources to ensure 
disadvantaged students have access to a quality education. The 
importance of ensuring students have the skills necessary to 
graduate high school and enroll in postsecondary education is 
clear. A well-educated workforce is directly tied to the 
nation's ability to create jobs and maintain our competitive 
edge in a global economy.
    In the more than four decades since passage of ESEA, 
federal control of education has steadily increased and 
spending has exploded. Today, the United States spends more 
than $10,000 per pupil per year, nearly triple what was spent 
in 1965.\1\ Despite this record investment in public education 
by federal, state, and local governments, national academic 
performance has not improved. Math and reading scores have 
largely remained flat, graduation rates have stagnated, and 
researchers have found serious shortcomings with many federal 
education programs.
---------------------------------------------------------------------------
    \1\U.S. Department of Education, National Center for Education 
Statistics. (2010). Digest of Education Statistics, 2009 (NCES 2010-
013) Table 180 and Chapter 2.
---------------------------------------------------------------------------
    The last 30 years have seen particularly dramatic increases 
in federal spending. U.S. Department of Education K-12 funding 
increased from less than $7 billion in 1980 to almost $38 
billion in 2008. The last three years have seen another spike 
in federal spending. With the passage of the American Recovery 
and Reinvestment Act (ARRA), the Department's K-12 budget 
ballooned to almost $119 billion in 2009, nearly tripling in 
one year. As the following chart shows, federal support for 
elementary and secondary education represents 10.8 percent of 
all education spending in the United States in 2010-2011. This 
represents a significant growth from 2008, when the federal 
share of education spending stood at 7.8 percent.\2\
---------------------------------------------------------------------------
    \2\``FY2012 Education Budget Summary and Background Information,'' 
U.S. Department of Education, p.93.

                                           EDUCATION FUNDING BY SOURCE
                                                  [In billions]
----------------------------------------------------------------------------------------------------------------
                                                                Dollars      Percent      Dollars      Percent
                       Funding source                          2009-2010    2009-2010    2010-2011    2010-2011
----------------------------------------------------------------------------------------------------------------
Federal government..........................................         66.0         10.1         71.0         10.8
State government............................................        287.0         44.2        288.0         43.6
Local government............................................         23.0         36.4        240.0         36.3
All other...................................................         60.0          9.3         62.0          9.3
                                                             ---------------------------------------------------
    Total...................................................        650.0        100.0        662.0        100.0
----------------------------------------------------------------------------------------------------------------

    The United States is a world leader in education spending. 
The United States spends more public and private money on 
education than all but three other developed countries in the 
world. Using 2007 data from the Organization for Economic 
Cooperation and Development (OECD), the National Center on 
Education Statistics reported this year that the United States 
spent 7.6 percent of GDP on education, second only to Iceland's 
7.8 percent.\3\
---------------------------------------------------------------------------
    \3\U.S. Department of Education, National Center for Education 
Statistics. (2011). The Condition of Education 2011, Indicator 38 
Education Expenditures by Country.
---------------------------------------------------------------------------
    Despite these investments, student achievement has remained 
flat. In testimony submitted to the Committee, Andrew Coulson 
from the non-profit CATO Institute stated that math and reading 
scores for graduating high school seniors have remained 
unchanged over the last 40 years, while science scores have 
declined slightly. This tracks with international comparisons. 
The OECD's latest Programme for International Student 
Assessment report, released in December of last year, ranked 
the United States 17th in reading, 31st in math, and 23rd in 
science among developed nations.\4\ As Mr. Coulson stated, ``To 
sum up, we have little to show for the $2 trillion in federal 
education spending of the past half century. In the face of 
concerted and unflagging efforts by Congress and the states . . 
. it now costs three times as much to provide essentially the 
same education as we provided in 1970 . . . The only thing 
[spending] appears to have accomplished is to apply the brakes 
to the nation's economic growth, by taxing trillions of dollars 
out of the productive sector of the economy and spending it on 
ineffective programs.''\5\
---------------------------------------------------------------------------
    \4\``Highlights from PISA 2009,'' NCES, 2010.
    \5\``Education in the Nation: Examining the Challenges and 
Opportunities Facing America's Classrooms,'' hearing before the House 
Committee on Education and the Workforce, 112th Congress, 1st Session 
(February 10, 2011) (written testimony of Andrew Coulson).
---------------------------------------------------------------------------
    The Committee is pursuing a new approach to education 
reform by re-evaluating the federal role in elementary and 
secondary education. The federal government is too involved in 
our nation's classrooms, and we believe states and local school 
districts should bear the primary responsibility for public 
education. We aim to reduce the size and scope of the 
Department of Education, roll back federal bureaucratic 
requirements and regulations, and eliminate and consolidate 
ineffective and duplicative federal education programs to help 
balance the budget and get the federal deficit and debt under 
control. These efforts will empower parents, teachers, and 
school leaders to address unacceptable achievement gaps and 
successfully prepare students for postsecondary education and 
the workforce.
    H.R. 1891 is the first step in the Committee's education 
reform efforts. Under the current Elementary and Secondary 
Education Act, the U.S. Department of Education operates more 
than 80 separate programs. Many of these are duplicative, 
ineffective, or too small to have a meaningful impact, which 
results in waste and inefficiency. As the Council of the Great 
City Schools stated in its letter of support for this 
legislation, ``. . . an array of small grant programs 
contributes little to the academic attainment necessary for 
national competitiveness nor helps overcome the achievement 
gaps that serve as a persistent barrier to educational and 
economic opportunity.''\6\
---------------------------------------------------------------------------
    \6\Letter from the Council of Great City Schools to The Honorable 
John Kline, Chairman, Education and the Workforce Committee, May 23, 
2011.
---------------------------------------------------------------------------

Programs eliminated

    H.R. 1891 begins the process of reducing waste and 
inefficiencies in current law by repealing the authorizations 
of 42 separate elementary and secondary programs. Of the 
programs eliminated, 14 were defunded in H.R. 1473, the Full 
Year FY 2011 Continuing Resolution (FY 2011 CR), which was 
supported by an overwhelming bipartisan majority of this 
Committee and was signed into law by the President. Sixteen 
were proposed for consolidation or elimination in the 
President's FY 2012 budget proposal. Six are considered 
earmarks under Clause 9 of House rule XXI. Following is the 
list of programs eliminated in the bill.
     Early Reading First: The Early Reading First 
program has not been funded since FY 2009. A Department of 
Education evaluation of the program in 2007 had only mixed 
results, calling into question the program's effectiveness in 
improving student outcomes.\7\ The program is also duplicative 
of the Head Start program and other early learning programs 
that have recently been expanded, such as the Race to the Top 
Early Learning Challenge Grant. While early childhood programs 
serve a noble goal, the Committee believes that the Elementary 
and Secondary Education Act's focus should remain on K-12 
education.
---------------------------------------------------------------------------
    \7\U.S. Department of Education, Institute for Education Sciences, 
National Center for Education Evaluation and Regional Assistance. 
``National Evaluation of Early Reading First, Final Report to 
Congress.'' May 2007.
---------------------------------------------------------------------------
     William F. Goodling Even Start Family Literacy 
Program: The Even Start Program was defunded in the FY 2011 CR. 
It is duplicative of the existing Title I Aid for the 
Disadvantaged program, which provides funds to states and 
school districts to assist low-income students excel 
academically. Family literacy is also a supported activity 
under the 21st Century Community Learning Centers program. 
Additionally, Title II of the Workforce Investment Act helps 
adults in need of literacy services obtain the educational 
skills necessary to become full partners in the educational 
development of their children. Finally, the Third National Even 
Start Evaluation from the Department of Education found that 
children and parents scored low on literacy measures compared 
to national norms when they exited the program.\8\
---------------------------------------------------------------------------
    \8\U.S. Department of Education, ``Third National Even Start 
Evaluation: Program Impacts and Implications for Improvement,'' 2003.
---------------------------------------------------------------------------
     Improving Literacy Through School Libraries: The 
Improving Literacy Through School Libraries program was 
defunded in the FY 2011 CR. When it was received funding, it 
had a limited reach. Only 50 grants were awarded in FY 2010 and 
several states have never received funding under this program. 
The program is duplicative of the existing Title I Aid for the 
Disadvantaged program and programs under the Institute of 
Museum and Library Sciences. The President's FY 2012 budget 
proposed consolidating this program, indicating a broad 
bipartisan consensus that the goals of this program can be 
accomplished through other activities.
     Demonstrations of Innovative Practices: Striving 
Readers, which has been funded under this authorization, was 
defunded in the FY 2011 CR. Striving Readers has never been 
authorized under the Elementary and Secondary Education Act, 
but has been supported through appropriations language. The 
program is duplicative of the Title I Aid for the Disadvantaged 
program, which provides funds to states and school districts to 
help low-income students excel academically. The President's FY 
2012 budget proposed consolidating this program.
     Close Up Fellowship Program: The Close Up 
Fellowship Program directs noncompetitive funds to the Close Up 
Foundation, which classifies it as an earmark under Clause 9 of 
House Rule XXI. The program was defunded in the FY 2011 CR. The 
President's budget proposed no funds for this program, arguing 
that the Close Up Foundation has enough private financial 
support to continue the program.
     Comprehensive School Reform: The Comprehensive 
School Reform (CSR) program has not been funded since FY 2008. 
A March 2011 report evaluating the CSR model found that just 12 
of 262 CSR schools made significant improvements in reading and 
mathematics. The report further stated, ``For CSR-funded 
schools, at least in the first part of the decade, turnaround 
was a distinctly rare event, one not easily generated through 
federal policy intervention.''\9\
---------------------------------------------------------------------------
    \9\WestEd, ``The Federal Comprehensive School Reform Program and 
School Turnaround: Key Evaluation Findings,'' March 29, 2011.
---------------------------------------------------------------------------
     School Dropout Prevention/High School Graduation 
Initiative: The High School Graduation Initiative was created 
through the appropriations process in FY 2010 after the 
existing Dropout Prevention program was defunded because of its 
ineffectiveness. The new program is too small to make a 
meaningful impact, with only 27 school districts and two states 
receiving funding in FY 2010. The program is also duplicative 
of the Title I Aid to the Disadvantaged program and the School 
Improvement Grant program, both of which support similar 
dropout prevention activities.
     School Leadership: The School Leadership program 
has had a limited impact on national efforts to increase 
student academic achievement. For example, in FY 2009 and 2010, 
only 21 grants were awarded. The program is also duplicative of 
the existing Title II Teacher Quality State Grants program, 
which provides resources to all states for professional 
development for school leaders.
     Advanced Certification or Advanced Credentialing: 
The Advanced Certification or Advanced Credentialing program is 
operated by the National Board for Professional Teaching 
Standards (NBPTS) and provides funding for professional 
development. The program is considered an earmark under Clause 
9 of House rule XXI. The program was defunded in the FY 2011 
CR, and is duplicative of the Title II Teacher Quality State 
Grants program.
     Special Education Teacher Training: The Special 
Education Teacher Training program assists the University of 
Northern Colorado train special education teachers. The program 
is considered an earmark under Clause 9 of House rule XXI. The 
program is also duplicative of the Title II Teacher Quality 
State Grant program and teacher training and professional 
development programs under Part D of the Individuals with 
Disabilities Education Act.
     Early Childhood Educator Professional Development: 
The Early Childhood Educator Professional Development program 
has not received funding since FY 2007. The program is 
duplicative of the Title II Teacher Quality State Grants 
program and Title II of the Higher Education Act, which 
provides funds to institutions of higher education to fund 
professional development and teacher training activities.
     Teacher Mobility: The National Panel on Teacher 
Mobility program has never been funded and is duplicative of 
the Title II Teacher Quality State Grants program.
     National Writing Project: This program provides 
noncompetitive funds to the National Writing Project, a non-
profit organization. The program is considered an earmark in 
violation of Clause 9 of House rule XXI. The program was 
defunded in the FY 2011 CR and is duplicative of the Title I 
Aid to the Disadvantaged and Title II Teacher Quality State 
Grants programs. Little is known about the effectiveness of 
this program, and the Office of Management and Budget's (OMB) 
Program Assessment Rating Tool (PART) review found insufficient 
evidence of its effectiveness.\10\
---------------------------------------------------------------------------
    \10\National Writing Project Program Assessment. Office of 
Management and Budget, ExpectMore.gov. 2004.
---------------------------------------------------------------------------
     Teaching of Traditional American History: The 
Teaching of Traditional American History program has yielded 
questionable results from numerous evaluations that call into 
question its effectiveness and impact on increasing student 
achievement. For example, OMB's PART review found no 
demonstrated results from the program and determined it was 
duplicative of the Title II Teacher Quality State Grants 
program.\11\ A follow-up Department of Education evaluation 
found that program participants demonstrated a ``limited 
ability to analyze and interpret historical data'' and that 
``projects were not well integrated with other local, state and 
federal teacher development initiatives.''\12\ The President's 
FY 2012 budget proposal consolidates this program.
---------------------------------------------------------------------------
    \11\Teaching of Traditional American History Program Assessment, 
Office of Management and Budget, ExpectMore.gov. 2004.
    \12\Humphrey, Daniel C., et. al, ``Evaluation of the Teaching 
American History Program,'' Executive Summary, Page xvi. For the U.S. 
Department of Education. 2005.
---------------------------------------------------------------------------
     Enhancing Education Through Technology (Ed-Tech): 
Ed-Tech was defunded in the FY 2011 CR. The OMB PART review 
found insufficient data for demonstrating the program's impact 
on student achievement.''\13\ Elementary and secondary schools 
offer a greater level of technology infrastructure than just a 
few years ago, and there is no longer a significant need for a 
separate program limited to the integration of technology into 
schools and classrooms. States and school districts that still 
have this need can use funds from the Title I Aid to 
Disadvantaged students and Title II Teacher Quality State 
Grants programs.
---------------------------------------------------------------------------
    \13\Enhancing Education Through Technology Program Assessment. 
Office of Management and Budget, ExpectMore.gov. 2005.
---------------------------------------------------------------------------
     Ready To Learn Television: Ready to Learn 
Television has had a limited impact on student achievement. 
OMB's PART evaluation found insubstantial effects on student 
outcomes.\14\ In FY 2010, only three grants were awarded, the 
largest of which was the Corporation for Public Broadcasting, 
which received $430 million in direct appropriations in the FY 
2011 CR.
---------------------------------------------------------------------------
    \14\Ready to Learn Television Program Assessment. Office of 
Management and Budget, ExpectMore.gov. 2004.
---------------------------------------------------------------------------
     Improving Language Instruction Educational 
Programs: The Improving Language Instruction Educational 
Programs have never been funded, and are duplicative of the 
Title I Aid for the Disadvantaged and the Title III English 
Language Acquisition programs. Furthermore, all states 
receiving Title I money are held accountable for the 
achievement of immigrant students and limited English 
proficient students.
     Bilingual and Emergency Immigrant Education 
Program: The Bilingual and Emergency Immigrant Education 
program has not been funded since FY 2001 and is duplicative of 
the Title I Aid for the Disadvantaged and the Title III English 
Language Acquisition programs. Furthermore, all states 
receiving Title I money are held accountable for the 
achievement of immigrant students and limited English 
proficient students.
     State Grants for Safe and Drug-Free Schools and 
Communities: The Safe and Drug-Free Schools and Communities 
program has not been funded since FY 2009. The OMB PART review 
rated the program as ``Ineffective'' because of its inability 
to demonstrate any measurable student outcome results.\15\ The 
evaluation also found that grant funds were spread too thin to 
support quality interventions. According to the Department of 
Education, nearly two-thirds of grant recipients received 
allocations of less than $10,000. The activities of this 
program can be supported by the Safe and Drug-Free Schools and 
Communities National Programs and the 21st Century Community 
Learning Center program.
---------------------------------------------------------------------------
    \15\State Grants for Safe and Drug-Free Schools and Communities 
Assessment. Office of Management and Budget, ExpectMore.gov, 2002.
---------------------------------------------------------------------------
     Grants To Reduce Alcohol Abuse: The Grants to 
Reduce Alcohol Abuse program received only $6.9 million in the 
FY 2011 CR, representing a dramatic cut from FY 2010 and FY 
2009 levels. The program is duplicative of activities that can 
be supported as part of the 21st Century Community Learning 
Centers program, which provides funds to school districts to 
support efforts that assist students in academic enrichment 
activities, including drug and violence prevention. The 
President's FY 2012 budget consolidates the program.
     Mentoring Program: The Mentoring Program has not 
received funding since FY 2009. The OMB PART evaluation found 
no evidence of success and reported the program is duplicative 
of multiple state and local mentoring programs.\16\ Mentoring 
is also being supported through the U.S. Department of 
Justice's Office of Juvenile Justice and Delinquency 
Prevention. Through the American Recovery and Reinvestment Act, 
projects were awarded for up to $500,000.
---------------------------------------------------------------------------
    \16\Mentoring Program Assessment. Office of Management and Budget, 
ExpectMore.gov, 2006.
---------------------------------------------------------------------------
     Elementary and Secondary School Counseling 
Program: The Elementary and Secondary School Counseling Program 
has had a limited impact on student achievement. In FY 2010, 
just 42 school districts in 20 states were awarded grants under 
this program. In general, school counselors are supported with 
state and local funds, but the Title I Aid for the 
Disadvantaged program, the 21st Century Community Learning 
Centers program, and the Homeless Education program all support 
counseling services for at-risk populations.
     Partnerships in Character Education: The 
Partnerships in Character Education program has not received 
funding since FY 2009. The program has an extremely limited 
impact. In FY 2008, only three school districts received 
grants, and since 2004, only 20 states plus Guam and the 
District of Columbia have received any funding. The Department 
of Education's Institute of Education Sciences conducted a 
review of more than 40 Character Education programs for the 
What Works Clearinghouse and found only two with positive 
results.\17\
---------------------------------------------------------------------------
    \17\Pearson, Ann E., et. al, ``Survey of Outcomes Measurement in 
Research on Character Education Programs.'' U.S. Department of 
Education, Institute of Education Sciences. 2009.
---------------------------------------------------------------------------
     Smaller Learning Communities (SLC): SLC was 
defunded in the FY 2011 CR. A 2008 Department of Education 
review of long-term outcomes from this program found no 
meaningful trends in student achievement.\18\ The program is 
also duplicative of the Title I Aid to the Disadvantaged 
program and School Improvement Grants.
---------------------------------------------------------------------------
    \18\Bernstein, Lawrence, et. al. ``Implementation Study of Smaller 
Learning Communities Final Report.'' U.S. Department of Education, 
2008.
---------------------------------------------------------------------------
     Reading is Fundamental (RIF): RIF is a non-profit 
organization that receives a non-competitive grant through the 
program. Because of this, it is considered an earmark under 
Clause 9 of House rule XXI. The program was defunded in the FY 
2011 CR. The program is also duplicative of the Title I Aid for 
the Disadvantaged program.
     Javits Gifted and Talented: The Jacob K. Javits 
Gifted and Talented Students Education program was defunded in 
the FY 2011 CR. The program has had a very limited impact, with 
only 16 grants awarded in the last five years. In addition, 
states and school districts can use funds from other programs 
to support the activities of this program. For example, the 
Title II Teacher Quality State Grants program can support 
professional development for teachers working with gifted and 
talented students.
     Star Schools: The Star Schools program has not 
been funded since FY 2007, and new awards have not been made 
since 2005, demonstrating the limited impact this program has 
had. States and school districts wishing to support the 
program's activities can use funds under the existing Title II 
Teacher Quality State Grants program for professional 
development to train teachers in technology-based instruction.
     Ready To Teach Grant Program: The Ready to Teach 
Grant program was funded in FY 2010. However, those funds were 
rescinded as an offset to the Education Jobs Fund. The program 
was not funded in the FY 2011 CR. Between FY 2005 and FY 2009, 
only two to four grants were awarded per year, demonstrating 
the limited impact of this program. It is also duplicative of 
the existing Title II Teacher Quality State Grants program.
     Foreign Language Assistance Program: The Foreign 
Language Assistance program has had a very limited impact at 
the national level, with only 35 new awards in FY 2010. Funds 
from the Title I Aid for the Disadvantaged program, Title II 
Teacher Quality State Grants program, and the Higher Education 
Act could all be used to support foreign language programs.
     Carol M. White Physical Education Program: The 
Carol M. White Physical Education program is duplicative of 
initiatives administered by the Centers for Disease Control and 
projects and school wellness policies created and funded under 
the Child Nutrition Act that promote nutrition education, 
physical activity, and obesity prevention. Ultimately, the 
decision to purchase sports equipment or support the other 
activities of this program should be made at the state and 
local level.
     Community Technology Centers: The Community 
Technology Centers program has not been funded since FY 2005, 
when it only received $5 million. Other federal programs can 
support these activities. For example, local public housing 
authorities and non-profit organizations can apply to the 
Department of Housing and Urban Development for grants to 
establish, operate, and expand computer centers, known as 
Neighborhood Network Centers. Funds are also available through 
the Opportunity Corps, which was established during the last 
reauthorization of the National and Community Service Act.
     Educational, Cultural, Apprenticeship, and 
Exchange Programs for Alaska Natives, Native Hawaiians, and 
their Historical Whaling and Trading Partners in Massachusetts: 
This program earmarks funds for certain entities in Alaska, 
Hawaii, and Massachusetts that support projects and education 
programs to increase understanding of cultural diversity. The 
program is considered an earmark under Clause 9 of House rule 
XXI. The program was defunded in the FY 2011 CR and the 
President's FY 2012 budget proposed its elimination.
     Excellence in Economic Education: The Excellence 
in Economic Education program is a very small categorical 
program that has received only $5.6 million total over the last 
four years. The program supports the Council for Economic 
Education, a nonprofit organization that receives the support 
of many private individuals and corporations. The program does 
not need federal support to fulfill its mission, and is 
duplicative of other existing federal efforts. A 2009 RAND 
survey, recently verified by the Government Accountability 
Office, found that there are 21 federal agencies offering a 
total of 56 economic and financial literacy programs.\19\
---------------------------------------------------------------------------
    \19\Government Accountability Office, Report to Congress on List of 
Selected Federal Programs That Have Similar or Overlapping Objectives, 
Provide Similar Services, or are Fragmented Across Government Missions. 
March 18, 2011.
---------------------------------------------------------------------------
     Grants To Improve the Mental Health of Children, 
Mental Health Integration: This Mental Health Integration 
program was defunded in the FY 2011 CR. It has had a limited 
impact, with only 16 school districts receiving awards in FY 
2010. States and school districts that wish to support mental 
health activities for at-risk populations can use funds under 
the Title I Neglected and Delinquent Youth program, the 21st 
Century Community Learning Centers program, and the Homeless 
Education program.
     Grants To Improve the Mental Health of Children, 
Foundations for Learning: This Foundations for Learning program 
was defunded in the FY 2011 CR. It has had a limited impact, 
with only four school districts receiving awards in FY 2009. 
States and school districts that wish to support mental health 
activities for at-risk populations can use funds under the 
Title I Neglected and Delinquent Youth program, the 21st 
Century Community Learning Centers program, and the Homeless 
Education program.
     Arts in Education: The Arts in Education program 
has two parts. A portion of the funds are awarded 
noncompetitively to two nonprofit organizations, The Kennedy 
Center and VSA Arts, which makes this portion of the program an 
earmark under Clause 9 of House rule XXI. The second part of 
the program provides funds to school districts to implement 
arts education, including professional development for 
teachers. These activities are duplicative of the Title II 
Teacher Quality State Grants program. The President's FY 2012 
budget proposes consolidating this program.
     Combating Domestic Violence: The Combating 
Domestic Violence program has never been funded and has, 
therefore, had no national impact. Numerous other federal grant 
programs, primarily at the Departments of Justice and Health 
and Human Services, address the impact of family and domestic 
violence on school-aged children.
     Healthy, High-Performance Schools: The Healthy, 
High-Performing Schools program has never been funded and has, 
therefore, had no national impact. The federal government has 
historically stayed out of state and local funding decisions 
involving the repair and modernization of school buildings and 
opposed efforts to create national school construction 
programs. Despite this, the American Recovery and Reinvestment 
Act created a pot of funds to help schools and districts with 
modernization projects, reinforcing the need to eliminate this 
program.
     Additional Assistance for LEAs Impacted by Federal 
Property Acquisition: This program has never been funded and 
has, therefore, had no national impact. It is also duplicative 
of the existing Impact Aid program, which provides funds to 
school districts adversely impacted by the presence of federal 
property such as Indian lands, military bases, or national 
forests and parks.
     Women's Educational Equity: The Women's 
Educational Equity program was defunded in the FY 2011 CR and 
was proposed for elimination in the President's FY 2012 budget. 
A number of studies and reports over the last decade have shown 
that women have made educational gains matching or exceeding 
those of their male peers. A recent briefing by the Boys 
Initiative revealed, among other things, that ``boys both 
dropout of high school and receive disciplinary action, 
including expulsion, more often than girls.''\20\
---------------------------------------------------------------------------
    \20\Boys Initiative Washington, DC Briefing. ``The State of Boys in 
America: A Briefing on the Latest Research Findings and What They Mean 
for America in an Increasingly Competitive World.'' May 17, 2011.
---------------------------------------------------------------------------
     Native Hawaiian Education: The Native Hawaiian 
Education program is duplicative of the Title I Aid to the 
Disadvantaged program, which already targets funds to 
disadvantaged students to increase academic achievement. In 
2010-2011, Hawaii received more than $42.6 million in Title I 
funds. If the state has additional needs, the Committee should 
address this problem through formula changes to the Title I 
program. Hawaii also receives funding under other major federal 
education programs, including the Title II Teacher Quality 
State Grants program, Rural Education initiatives, and the 21st 
Century Community Learning Centers program. Further, the 
effectiveness of this program has been called into question. 
The program's most recent performance report found that it 
failed to meet any of its objectives.\21\
---------------------------------------------------------------------------
    \21\U.S. Department of Education, FY 2007 Education for Native 
Hawaiians Performance Report.
---------------------------------------------------------------------------
     Alaska Native Education Equity: The Alaska Native 
Education Equity program is duplicative of the Title I Aid to 
the Disadvantaged program, which already targets funds to 
disadvantaged students to increase academic achievement. In 
2010-2011, Alaska received more than $37.2 million in Title I 
funds. If the state has additional needs, the Committee should 
address this problem through formula changes to the Title I 
program. Alaska also receives funding under other major federal 
education programs, including the Title II Teacher Quality 
State Grants program, Rural Education initiatives, and the 21st 
Century Community Learning Centers program.

Conclusion

    H.R. 1891 is the first in a series of education reform 
bills geared toward streamlining and simplifying the federal 
role in education so that states, school districts, parents, 
and teachers are empowered to pursue innovative reforms that 
meet the needs of their students. It is an important initial 
step that will help reduce the federal government's footprint 
in K-12 classrooms and ensure taxpayer dollars are not wasted 
on unnecessary, inefficient elementary and secondary education 
programs.

                      Section-by-Section Analysis

                         SECTION 1. SHORT TITLE

    States the short title as the ``Setting New Priorities in 
Education Spending Act.''

         SECTION 2. ELEMENTARY AND SECONDARY EDUCATION PROGRAMS

    Repeals the following provisions of the Elementary and 
Secondary Education Act of 1965: Early Reading First; William 
F. Goodling Even Start Family Literacy Program; Improving 
Literacy through School Libraries; Demonstrations of Innovative 
Practices; Close Up Fellowship Program; Comprehensive School 
Reform; School Dropout Prevention; School Leadership; Advanced 
Certification or Advanced Credentialing; Special Education 
Teacher Training; Early Childhood Educator Professional 
Development; Teacher Mobility; National Writing Project; 
Teaching of Traditional American History; Enhancing Education 
through Technology, including Ready to Learn Television; 
Improving Language Instruction Educational Programs for 
Academic Achievement Act, including the Bilingual and Emergency 
Immigrant Education Program; State Grants for Safe and Drug-
Free Schools and Communities; Grants to Reduce Alcohol Abuse; 
Mentoring Programs; Elementary and Secondary School Counseling 
Programs; Partnerships in Character Education; Smaller Learning 
Communities; Reading is Fundamental; Javits Gifted and Talented 
Students; Start Schools Act; Ready to Teach Program; Foreign 
Language Assistance Act of 2001; Carol M. White Physical 
Education Program; Community Technology Centers; Educational, 
Cultural, Apprenticeship, and Exchange Programs for Alaska 
Natives, Native Hawaiians, and their Historical Whaling and 
Trading Partners in Massachusetts; Excellence in Economic 
Education; Grants to Improve the Mental Health of Children, 
including Mental Health Integration and Foundations for 
Learning; Arts in Education; Combating Domestic Violence; 
Healthy, High-Performance Schools; Additional Assistance for 
Certain Local Educational Agencies Impacted by Federal Property 
Acquisition; Women's Educational Equity Act of 2001; Native 
Hawaiian Education Act; Alaska Native Educational Equity, 
Support, and Assistance Act.
    Makes technical and conforming changes to the Elementary 
and Secondary Education Act of 1965.

                       Explanation of Amendments

    The amendments, including the amendment in the nature of a 
substitute, are explained in the body of this report.

              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch. H.R. 1891 repeals 42 K-12 education programs under the 
Elementary and Secondary Education Act of 1965. H.R. 1891 would 
have no direct impact on the Legislative Branch.

                       Unfunded Mandate Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandates Reform Act, P.L. 104-4) requires a statement of 
whether the provisions of the reported bill include unfunded 
mandates. This issue is addressed in the CBO letter.

                           Earmark Statement

    H.R. 1891 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of House rule XXI.

                            Roll Call Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee Report to include for 
each record vote on a motion to report the measure or matter 
and on any amendments offered to the measure or matter the 
total number of votes for and against and the names of the 
Members voting for and against.

         Statement of General Performance Goals and Objectives

    In accordance with clause (3)(c) of House rule XIII, the 
goal of H.R. 1891 is to streamline and simplify the federal 
role in education by repealing the authorization of 
unnecessary, inefficient elementary and secondary education 
programs. The Committee expects the Department of Education to 
comply with these provisions and implement the changes to the 
law in accordance with these stated goals.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee's oversight findings and recommendations are 
reflected in the body of this report.

               New Budget Authority and CBO Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause 3(c)(3) of rule XIII of the Rules of 
the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has received 
the following estimate for H.R. 1891 from the Director of the 
Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, June 1, 2011.
Hon. John Kline,
Chairman, Committee on Education and the Workforce,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1891, the Setting 
New Priorities in Education Spending Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Justin 
Humphrey.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 1891--Setting New Priorities in Education Spending Act

    H.R. 1891 would amend the Elementary and Secondary 
Education Act of 1965 to eliminate more than 40 discretionary 
grant programs. For 2011, the Department of Education allocated 
$413 million in funding from amounts appropriated in the 
Department of Defense and Full-Year Continuing Appropriations 
Act, 2011 (P.L. 112-10) to programs that would be eliminated by 
H.R. 1891. Under current law, however, the funds allocated to 
those programs may be used for other grant programs that would 
not be eliminated by the bill.
    Because annual appropriations to the Department of 
Education can be used for other programs, enacting the bill 
would not have a significant effect on spending from the 
appropriation provided for 2011. Furthermore, the 
authorizations for all of the programs specified in the bill 
have expired, so CBO estimates the bill would have no impact on 
such authorization levels. However, savings would accrue--as 
compared to 2011 appropriation levels--if the total amounts 
provided in 2012 and subsequent years are lower than the 
current-year funding for the department.
    Enacting the bill would have no impact on direct spending 
or revenues; therefore, pay-as-you-go procedures do not apply.
    H.R. 1891 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    The CBO staff contact for this estimate is Justin Humphrey. 
This estimate was approved by Peter H. Fontaine, Assistant 
Director for Budget Analysis.
    Committee Cost Estimate: Clause 3(d)(1) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison of the costs that would be incurred in carrying 
out HR 1891. However, clause 3(d)(2)(B) of that rule provides 
that this requirement does not apply when the Committee has 
included in its report a timely submitted cost estimate of the 
bill prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act.
    Changes in existing law made by the bill, as reported:

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

             ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965

           *       *       *       *       *       *       *
TITLE I--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED

           *       *       *       *       *       *       *

SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.

  (a) * * *
  [(b) Reading First.--]
          [(1) Reading first.--] (b)  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.]

           *       *       *       *       *       *       *

  [(e) Federal Activities.--]
          [(1) Sections 1501 and 1502.--For the purpose of 
        carrying out sections 1501 and 1502,] (e)  Federal 
        Activities.--For the purpose of carrying out section 
        1501, there are authorized to be appropriated 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)] (f)   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)] (g)   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.

           *       *       *       *       *       *       *

PART A--IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES

Subpart 1--Basic Program Requirements

           *       *       *       *       *       *       *

SEC. 1116. ACADEMIC ASSESSMENT AND LOCAL EDUCATIONAL AGENCY AND SCHOOL 
                    IMPROVEMENT.

  (a) * * *
  (b) School Improvement.--
          (1) * * *

           *       *       *       *       *       *       *

          (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];

           *       *       *       *       *       *       *

           PART B--STUDENT READING SKILLS IMPROVEMENT GRANTS

Subpart 1--Reading First

           *       *       *       *       *       *       *

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)] section 1002(b) 
        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).

           *       *       *       *       *       *       *

  (c) Subgrants to Local Educational Agencies.--
          (1) * * *

           *       *       *       *       *       *       *

          (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) * * *

           *       *       *       *       *       *       *

                          (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].

           *       *       *       *       *       *       *

                    [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 age-appropriate 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 one or more speech sounds that in 
                combination make up syllables, words, and 
                sentences;
                  [(D) spoken language, including vocabulary 
                and oral comprehension abilities; and
                  [(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 
                one 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 one 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 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, three 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 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.
          [(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 determine 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.
          [(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 effectiveness 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 high-quality 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 one 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.
                  [(C) Restriction.--No State educational 
                agency may receive more than one 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.
          [(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 one-half 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 Self-Determination 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 one 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 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 one 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 improving 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 non-Federal 
        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;
          [(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;
          [(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 one 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 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.
          [(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) may be submitted as part of a consolidated 
application under section 9305.

[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 three members, including one early childhood 
        professional, one adult education professional, and one 
        individual with expertise in family literacy programs, 
        and may include other individuals, such as one 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 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 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) one-half 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) one-half 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
                          [(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 Educational 
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--
                  [(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;
          [(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 E--NATIONAL ASSESSMENT OF TITLE I

           *       *       *       *       *       *       *

[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. 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.
                  [(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.
                  [(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 one student from such 
                        teacher's school who participates in a 
                        program described in subsection 
                        (a)(1)(A);
                          [(ii) no teacher shall receive more 
                        than one 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 students with 
                        special educational needs, including 
                        students 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.
          [(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 part 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 part;
          [(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;
          [(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 two 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.
  [(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 
part 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;
          [(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
          [(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. 1703. FUNDING DISTRIBUTION RULE.

  From amounts appropriated under [section 1002(g)] section 
1002(f) for a fiscal year, the Secretary shall give priority to 
funding activities under section 1704 and shall distribute any 
remaining funds under section 1705.

           *       *       *       *       *       *       *

                   [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
                  [(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.--
          [(1) In general.--The Secretary, through a contract 
        with one 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 five 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
                                          [(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;
                  [(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--
                          [(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 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 low-income 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.

[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.]

           *       *       *       *       *       *       *

TITLE II--PREPARING, TRAINING, AND RECRUITING HIGH QUALITY TEACHERS AND 
                               PRINCIPALS

PART A--TEACHER AND PRINCIPAL TRAINING AND RECRUITING FUND

           *       *       *       *       *       *       *

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] section 2151(a)) 
$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] section 2151(a) such sums 
as may be necessary for fiscal year 2002 and each of the 5 
succeeding fiscal years.

           *       *       *       *       *       *       *

Subpart 2--Subgrants to Local Educational Agencies

           *       *       *       *       *       *       *

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) * * *

           *       *       *       *       *       *       *

          (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];

           *       *       *       *       *       *       *

                     Subpart 5--National Activities

SEC. 2151. NATIONAL ACTIVITIES OF DEMONSTRATED EFFECTIVENESS.

  (a) * * *
  [(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
                  [(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 Development.--
          [(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
                          [(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;
                                  [(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 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.--
                          [(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 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.
                  [(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 C--INNOVATION FOR TEACHER QUALITY

           *       *       *       *       *       *       *

                  [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 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 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.]

           *       *       *       *       *       *       *

          [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--
                  [(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.]

           *       *       *       *       *       *       *

            [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 high-
        quality 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, regardless 
                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.

[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) three-fourths 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) one-half 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 one-half 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 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.
  [(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 high-need 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.
          [(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--
                  [(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--
                  [(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 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
                          [(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, high-quality 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.
  [(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 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.
          [(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 update and publish, in a form readily 
accessible to the public, a national 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, 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, 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).

  [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, 
                                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 
        remedies.--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.
          [(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.]

  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] (a)  Authorization of 
        Appropriation.--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] (b) Conditions on Effectiveness 
        of 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.]

           *       *       *       *       *       *       *

      [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''.

[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 
        high-quality instruction through language instruction 
        educational 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 materials (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.
          [(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 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)--
                  [(A) not less than one-third 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 two-thirds 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
                          [(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.
                  [(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
                          [(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 promise 
        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;
          [(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;lude 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 Institute of 
Education Sciences in coordination and collaboration with 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 
        two 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--
          [(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 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
          [(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;
          [(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 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.

[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.
  [(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.
          [(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 
                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--
          [(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.

[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.]

           *       *       *       *       *       *       *

                     TITLE IV--21ST CENTURY SCHOOLS

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

           *       *       *       *       *       *       *

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]   appropriated 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.--
          [(1) In general.--Except as provided in paragraph 
        (2), the Secretary shall, for each fiscal year, allot 
        among the States--
                  [(A) one-half of the remainder not reserved 
                under subsection (a) according to the ratio 
                between the school-aged population of each 
                State and the school-aged population of all the 
                States; and
                  [(B) one-half of such remainder according to 
                the ratio between the amount each State 
                received under section 1124A for the preceding 
                year and the sum of such amounts received by 
                all the States.
          [(2) Minimum.--For any fiscal year, no State shall be 
        allotted under this subsection an amount that is less 
        than the greater of--
                  [(A) one-half 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) Definition.--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 DRUG-FREE 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 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 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--
                  [(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 
                community-wide 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).
                  [(B) Additional amounts for the uniform 
                management 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;
                          [(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;
          [(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 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;
          [(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;
          [(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.
          [(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--
                          [(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 this 
                subsection, 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).
  [(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 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
                  [(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.
          [(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 community-based 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;
                          [(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 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 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 service-learning 
                        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 well-being 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--
                  [(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 educational 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. 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 
        one 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 
        out 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 
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 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 one 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
                          [(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-to-one 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;
                          [(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 one 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.--
                  [(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.]

           *       *       *       *       *       *       *

TITLE V--PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE PROGRAMS

           *       *       *       *       *       *       *

PART D--FUND FOR THE IMPROVEMENT OF EDUCATION

           *       *       *       *       *       *       *

    [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 
        supplant, 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;
                  [(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 one school counselor to 250 
                students, one school social worker to 800 
                students, and one 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
                  [(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.
          [(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
                  [(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--
                  [(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.
                  [(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:
                          [(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 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.

                [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 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 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.ildren 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 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 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 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 
        Institute of Education Sciences to ensure that such 
        activities are coordinated with and enhance the 
        research and development activities supported by such 
        Institute; and
          [(2) may include collaborative scientifically based 
        research activities which are jointly funded and 
        carried out with such Institute.

[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
          [(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.
          [(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.--
          [(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 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;
                  [(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, 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 provide, either directly or through private 
        contributions, non-Federal matching funds equal to not 
        less than 50 percent of the amount of the grant.
  [(c) Telecommunications Programs for Continuing Education.--
          [(1) Authority.--The Secretary is authorized to award 
        grants, on a competitive basis, to eligible entities to 
        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
                  [(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.
                          [(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.--
          [(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;
          [(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
                  [(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 content-based instruction; and
          [(6) are carried out through a consortium comprised 
        of the agency receiving the grant and an elementary 
        school or secondary school.

[SEC. 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 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.

[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 community-based 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.

[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, business 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
                          [(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 cultural 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 low-income 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.
          [(4) To authorize and develop cultural and 
        educational programs relating to any Federally 
        recognized Indian tribe in Mississippi.

[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) The Mississippi Band of Choctaw Indians in 
        Choctaw, Mississippi.
          [(7) Other Alaska Native and Native Hawaiian cultural 
        and educational organizations.
          [(8) 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.
          [(9) 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.
          [(7) Cultural and educational programs relating to 
        any Federally recognized Indian tribe in Mississippi.

[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--
                  [(A) the New Bedford Whaling Museum, in 
                partnership with the New Bedford Oceanarium, in 
                Massachusetts;
                  [(B) the Inupiat Heritage Center in Alaska; 
                and
                  [(C) the Mississippi Band of Choctaw Indians 
                in Choctaw, Mississippi.
          [(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 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.
                  [(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--
          [(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.
          [(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.
  [(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
                  [(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.
                  [(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.
  [(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 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--
                  [(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).
          [(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.
          [(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--
          [(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 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 subparagraph (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 educational 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--
          [(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 of 2001, 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 PURPOSE.

   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.

[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 Director of the Institute of 
        Education Sciences 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;
                          [(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; and
                  [(B) for research and development, which 
                shall be coordinated with each of the National 
                Education Centers of the Institute of Education 
                Sciences 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;
                          [(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.

[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
          [(3) urban, rural, and suburban educational 
        institutions.
  [(d) Coordination.--Research activities supported under this 
subpart--
          [(1) shall be carried out in consultation with the 
        Institute of Education Sciences to ensure that such 
        activities are coordinated with and enhance the 
        research and development activities supported by the 
        Institute; and
          [(2) may include collaborative research activities 
        which are jointly funded and carried out with the 
        Institute of Education Sciences.
  [(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 two-thirds of such amount shall be 
used to carry out the activities described in section 
5613(b)(1).]

TITLE VI--FLEXIBILITY AND ACCOUNTABILITY

           *       *       *       *       *       *       *

PART B--RURAL EDUCATION INITIATIVE

           *       *       *       *       *       *       *

Subpart 2--Rural and Low-Income School Program

           *       *       *       *       *       *       *

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) * * *

           *       *       *       *       *       *       *

          (3) Educational technology, including software and 
        hardware[, as described in part D of title II].

           *       *       *       *       *       *       *

TITLE VII--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION

           *       *       *       *       *       *       *

                   [PART B--NATIVE HAWAIIAN EDUCATION

[SEC. 7201. SHORT TITLE.

  [This part may be cited as the ``Native Hawaiian Education 
Act''.

[SEC. 7202. FINDINGS.

  [Congress finds the following:
          [(1) Native Hawaiians are a distinct and unique 
        indigenous people with a historical continuity to the 
        original inhabitants of the Hawaiian archipelago, whose 
        society was organized as a nation and internationally 
        recognized as a nation by the United States, Britain, 
        France, and Japan, as evidenced by treaties governing 
        friendship, commerce, and navigation.
          [(2) At the time of the arrival of the first 
        nonindigenous people in Hawaii 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 Hawaii.
          [(4) From 1826 until 1893, the United States 
        recognized the sovereignty and independence of the 
        Kingdom of Hawaii, which was established in 1810 under 
        Kamehameha I, extended full and complete diplomatic 
        recognition to the Kingdom of Hawaii, and entered into 
        treaties and conventions with the Kingdom of Hawaii 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 Hawaii, the Kingdom of Hawaii, 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 
        Hawaii, in 1993 the United States apologized to Native 
        Hawaiians for the overthrow and the deprivation of the 
        rights of Native Hawaiians to self-determination 
        through Public Law 103-150 (107 Stat. 1510).
          [(6) In 1898, the joint resolution entitled ``Joint 
        Resolution to provide for annexing the Hawaiian Islands 
        to the United States'', approved July 7, 1898 (30 Stat. 
        750), ceded absolute title of all lands held by the 
        Republic of Hawaii, including the government and crown 
        lands of the former Kingdom of Hawaii, 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, 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 Hawaii 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 Hawaii 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 Hawaii into 
        the Union'', the United States also ceded to the State 
        of Hawaii 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 Hawaii 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 
                Hawaii;
                  [(D) the political status of Native Hawaiians 
                is comparable to that of American Indians and 
                Alaska Natives; and
                  [(E) the aboriginal, indigenous people of the 
                United States have--
                          [(i) a continuing right to autonomy 
                        in their internal affairs; and
                          [(ii) an ongoing right of self-
                        determination and self-governance that 
                        has never been extinguished.
          [(13) The political relationship between the United 
        States and the Native Hawaiian people has been 
        recognized and reaffirmed by the United States, as 
        evidenced by the inclusion of Native Hawaiians in--
                  [(A) the Native American Programs Act of 1974 
                (42 U.S.C. 2991 et seq.);
                  [(B) the American Indian Religious Freedom 
                Act (42 U.S.C. 1996);
                  [(C) the National Museum of the American 
                Indian Act (20 U.S.C. 80q et seq.);
                  [(D) the Native American Graves Protection 
                and Repatriation Act (25 U.S.C. 3001 et seq.);
                  [(E) the National Historic Preservation Act 
                (16 U.S.C. 470 et seq.);
                  [(F) the Native American Languages Act (25 
                U.S.C. 2901 et seq.);
                  [(G) the American Indian, Alaska Native, and 
                Native Hawaiian Culture and Art Development Act 
                (20 U.S.C. 4401 et seq.);
                  [(H) the Workforce Investment Act of 1998 (29 
                U.S.C. 2801 et seq.); and
                  [(I) the Older Americans Act of 1965 (42 
                U.S.C. 3001 et seq.).
          [(14) In 1981, Congress instructed the Office of 
        Education to submit to Congress a comprehensive report 
        on Native Hawaiian education. The report, entitled the 
        ``Native Hawaiian Educational Assessment Project'', was 
        released in 1983 and documented that Native Hawaiians 
        scored below parity with regard to national norms on 
        standardized achievement tests, were disproportionately 
        represented in many negative social and physical 
        statistics indicative of special educational needs, and 
        had educational needs that were related to their unique 
        cultural situation, such as different learning styles 
        and low self-image.
          [(15) In recognition of the educational needs of 
        Native Hawaiians, in 1988, Congress enacted title IV of 
        the Augustus F. Hawkins-Robert T. Stafford Elementary 
        and Secondary School Improvement Amendments of 1988 
        (102 Stat. 130) to authorize and develop supplemental 
        educational programs to address the unique conditions 
        of Native Hawaiians.
          [(16) In 1993, the Kamehameha Schools Bishop Estate 
        released a 10-year update of findings of the Native 
        Hawaiian Educational Assessment Project, which found 
        that despite the successes of the programs established 
        under title IV of the Augustus F. Hawkins-Robert T. 
        Stafford Elementary and Secondary School Improvement 
        Amendments of 1988, many of the same educational needs 
        still existed for Native Hawaiians. Subsequent reports 
        by the Kamehameha Schools Bishop Estate and other 
        organizations have generally confirmed those findings. 
        For example--
                  [(A) educational risk factors continue to 
                start even before birth for many Native 
                Hawaiian children, including--
                          [(i) late or no prenatal care;
                          [(ii) high rates of births by Native 
                        Hawaiian women who are unmarried; and
                          [(iii) high rates of births to 
                        teenage parents;
                  [(B) Native Hawaiian students continue to 
                begin their school experience lagging behind 
                other students in terms of readiness factors 
                such as vocabulary test scores;
                  [(C) Native Hawaiian students continue to 
                score below national norms on standardized 
                education achievement tests at all grade 
                levels;
                  [(D) both public and private schools continue 
                to show a pattern of lower percentages of 
                Native Hawaiian students in the uppermost 
                achievement levels and in gifted and talented 
                programs;
                  [(E) Native Hawaiian students continue to be 
                overrepresented among students qualifying for 
                special education programs provided to students 
                with learning disabilities, mild intellectual 
                disabilities, emotional impairment, and other 
                such disabilities;
                  [(F) Native Hawaiians continue to be 
                underrepresented in institutions of higher 
                education and among adults who have completed 
                four 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 Hawaii; 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 
                Hawaii 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 Hawaii.
          [(18) The findings described in paragraphs (16) and 
        (17) are inconsistent with the high rates of literacy 
        and integration of traditional culture and Western 
        education historically achieved by Native Hawaiians 
        through a Hawaiian language-based public school system 
        established in 1840 by Kamehameha III.
          [(19) Following the overthrow of the Kingdom of 
        Hawaii in 1893, Hawaiian medium schools were banned. 
        After annexation, throughout the territorial and 
        statehood period of Hawaii, and until 1986, use of the 
        Hawaiian language as an instructional medium in 
        education in public schools was declared unlawful. The 
        declaration caused incalculable harm to a culture that 
        placed a very high value on the power of language, as 
        exemplified in the traditional saying: ``I ka ``olelo 
        no ke ola; I ka ``olelo no ka make. In the language 
        rests life; In the language rests death.''.
          [(20) Despite the consequences of over 100 years of 
        nonindigenous influence, the Native Hawaiian people are 
        determined to preserve, develop, and transmit to future 
        generations their ancestral territory and their 
        cultural identity in accordance with their own 
        spiritual and traditional beliefs, customs, practices, 
        language, and social institutions.
          [(21) The State of Hawaii, in the constitution and 
        statutes of the State of Hawaii--
                  [(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 Hawaii, 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, a representative of 
        the State of Hawaii 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) Hawaii.
                  [(B) Maui.
                  [(C) Molokai.
                  [(D) Lanai.
                  [(E) Oahu.
                  [(F) Kauai.
                  [(G) Niihau.
          [(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 three-fourths 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 four 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.
          [(3) Authorized activities.--Activities provided 
        through programs carried out under this part may 
        include--
                  [(A) the development and maintenance of a 
                statewide Native Hawaiian early education and 
                care system to provide a continuum of services 
                for Native Hawaiian children from the prenatal 
                period of the children through age 5;
                  [(B) the operation of family-based education 
                centers that provide such services as--
                          [(i) programs for Native Hawaiian 
                        parents and their infants from the 
                        prenatal period of the infants through 
                        age 3;
                          [(ii) preschool programs for Native 
                        Hawaiians; and
                          [(iii) research on, and development 
                        and assessment of, family-based, early 
                        childhood, and preschool programs for 
                        Native Hawaiians;
                  [(C) activities that enhance beginning 
                reading and literacy in either the Hawaiian or 
                the English language among Native Hawaiian 
                students in kindergarten through third grade 
                and assistance in addressing the distinct 
                features of combined English and Hawaiian 
                literacy for Hawaiian speakers in fifth and 
                sixth grade;
                  [(D) activities to meet the special needs of 
                Native Hawaiian students with disabilities, 
                including--
                          [(i) the identification of such 
                        students and their needs;
                          [(ii) the provision of support 
                        services to the families of those 
                        students; and
                          [(iii) other activities consistent 
                        with the requirements of the 
                        Individuals with Disabilities Education 
                        Act;
                  [(E) activities that address the special 
                needs of Native Hawaiian students who are 
                gifted and talented, including--
                          [(i) educational, psychological, and 
                        developmental activities designed to 
                        assist in the educational progress of 
                        those students; and
                          [(ii) activities that involve the 
                        parents of those students in a manner 
                        designed to assist in the students' 
                        educational progress;
                  [(F) the development of academic and 
                vocational curricula to address the needs of 
                Native Hawaiian children and adults, including 
                curriculum materials in the Hawaiian language 
                and mathematics and science curricula that 
                incorporate Native Hawaiian tradition and 
                culture;
                  [(G) professional development activities for 
                educators, including--
                          [(i) the development of programs to 
                        prepare prospective teachers to address 
                        the unique needs of Native Hawaiian 
                        students within the context of Native 
                        Hawaiian culture, language, and 
                        traditions;
                          [(ii) in-service programs to improve 
                        the ability of teachers who teach in 
                        schools with concentrations of Native 
                        Hawaiian students to meet those 
                        students' unique needs; and
                          [(iii) the recruitment and 
                        preparation of Native Hawaiians, and 
                        other individuals who live in 
                        communities with a high concentration 
                        of Native Hawaiians, to become 
                        teachers;
                  [(H) the operation of community-based 
                learning centers that address the needs of 
                Native Hawaiian families and communities 
                through the coordination of public and private 
                programs and services, including--
                          [(i) preschool programs;
                          [(ii) after-school programs;
                          [(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 Hawaii from receiving a 
                scholarship pursuant to paragraph (3)(I).
                  [(B) Scholarship conditions.--The Secretary 
                shall establish conditions for receipt of a 
                scholarship awarded under paragraph (3)(I). The 
                conditions shall require that an individual 
                seeking such a scholarship enter into a 
                contract to provide professional services, 
                either during the scholarship period or upon 
                completion of a program of postsecondary 
                education, to the Native Hawaiian community.
  [(b) Administrative Costs.--Not more than 5 percent of funds 
provided to a 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 Hawaii, as evidenced by--
                          [(i) genealogical records;
                          [(ii) Kupuna (elders) or Kamaaina 
                        (long-term community residents) 
                        verification; or
                          [(iii) certified birth records.
          [(2) Native hawaiian community-based organization.--
        The term ``Native Hawaiian community-based 
        organization'' means any organization that is composed 
        primarily of Native Hawaiians from a specific community 
        and that assists in the social, cultural, and 
        educational development of Native Hawaiians in that 
        community.
          [(3) Native hawaiian educational organization.--The 
        term ``Native Hawaiian educational organization'' means 
        a private nonprofit organization that--
                  [(A) serves the interests of Native 
                Hawaiians;
                  [(B) has Native Hawaiians in substantive and 
                policymaking positions within the organization;
                  [(C) incorporates Native Hawaiian 
                perspective, values, language, culture, and 
                traditions into the core function of the 
                organization;
                  [(D) has demonstrated expertise in the 
                education of Native Hawaiian youth; and
                  [(E) has demonstrated expertise in research 
                and program development.
          [(4) Native hawaiian language.--The term ``Native 
        Hawaiian language'' means the single Native American 
        language indigenous to the original inhabitants of the 
        State of Hawaii.
          [(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 organization; 
                and
                  [(C) is recognized by the Governor of Hawaii 
                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 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.
                          [(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 operated by 
                the Cook Inlet Tribal Council's Partners for 
                Success program.
                  [(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 one 
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 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.]

           *       *       *       *       *       *       *

                      TITLE IX--GENERAL PROVISIONS

                          PART A--DEFINITIONS

SEC. 9101. DEFINITIONS.

   Except as otherwise provided, in this Act:
          (1) * * *

           *       *       *       *       *       *       *

          [(13) Covered program.--The term ``covered program'' 
        means each of the programs authorized by--
                  [(A) part A of title I;
                  [(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.]
          (13) Covered program.--The term ``covered program'' 
        means each of the programs authorized by--
                  (A) part A of title I;
                  (B) part C of title I;
                  (C) part D of title I;
                  (D) part A of title II;
                  (E) part A of title III;
                  (F) part A of title IV;
                  (G) part B of title IV;
                  (H) part A of title V; and
                  (I) subpart 2 of part B of title VI.

           *       *       *       *       *       *       *

          (34) Professional development.--The term 
        ``professional development''--
                  (A) includes activities that--
                          (i)   * * *

           *       *       *       *       *       *       *

                          (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

           *       *       *       *       *       *       *

                       PART E--UNIFORM PROVISIONS

                       Subpart 1--Private Schools

SEC. 9501. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND TEACHERS.

  (a) * * *
  (b) Applicability.--
          [(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.]
          (1) In general.--This section applies to programs 
        under--
                  (A) subpart 1 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 A of title III;
                  (F) part A of title IV; and
                  (G) part B of title IV.

           *       *       *       *       *       *       *

                             MINORITY VIEWS

    H.R. 1891, reported out of the Committee on Education and 
the Workforce, with all Committee Democrats in attendance 
voting in opposition, eliminates 43 education programs without 
regard to the needs of students, schools, communities, or the 
country.
    Committee Democrats believe the central role of the Federal 
government in education policy is to ensure that all students 
have access to an equal, high-quality education. To truly 
ensure access to this type of education, Committee Democrats 
believe that the system must be modernized. States and 
districts should have easier access to Federal funds through 
streamlined programs with less administrative burden. States 
and districts should also have more flexibility. To allow for 
this increased flexibility, educators must rely on data-based 
decision making and maintain strong accountability for student 
outcomes. Committee Democrats also believe that Congress has a 
responsibility to ensure that all students are held to high 
standards, and that teachers are prepared to teach to those 
standards.
    In 2009, the United States was among 34 developed countries 
that participated in the Programme for International Student 
Assessment (PISA). On that exam, our nation had improved in 
math and science since 2006.\1\ But despite those improvements, 
our students were still outperformed by numerous countries. The 
countries at the top of the international rankings have each 
made it a national goal to develop the best education system in 
the world. Those countries have also focused on all students. 
While the top 10 percent of students in the United States are 
still competitive internationally, the country's poor and 
minority students continue to struggle.
---------------------------------------------------------------------------
    \1\OECD Programme for International Student Assessment (PISA) 
(2009). Available at: www.oecd.org/edu/pisa/2009.
---------------------------------------------------------------------------
    H.R. 1891 does nothing to improve the United States 
education system. The bill does nothing to improve student 
outcomes, increase academic achievement, nor graduate students 
who are college and career ready. In actuality, the bill fails 
to modernize the system; it simply eliminates essential 
services to students provided through the Elementary and 
Secondary Education Act.\2\
---------------------------------------------------------------------------
    \2\20 U.S.C. ch. 70.
---------------------------------------------------------------------------

                ESSENTIAL LITERACY SERVICES TO STUDENTS

    Committee Democrats believe that a student's ability to 
read, write, and comprehend material is paramount to their 
success in school. Unfortunately students continue to struggle 
in these areas. American 15-year-olds rank 14th among developed 
nations in reading, lagging behind countries such as Japan, 
Australia, and the Netherlands.\3\ Despite our students' 
moderate standing in the global education system, the 
Majority's bill chooses to eliminate literacy services for 
students.
---------------------------------------------------------------------------
    \3\Supra note 1.
---------------------------------------------------------------------------
    Committee Democrats believe that when it comes to literacy 
services for students, research has been very clear on what 
works. A number of interventions and practices demonstrate a 
clear positive impact on student literacy skills. With federal 
support from programs that H.R. 1891 eliminates, 46 states are 
working to implement comprehensive literacy strategies to 
strengthen our students' ability to compete in the 21st century 
economy. Kentucky, for example, created a comprehensive set of 
state actions and implementation indicators to embed literacy 
learning as part of school improvement planning that will 
support effective implementation of the Kentucky Core Academic 
Standards. Louisiana developed a comprehensive plan to ensure 
students meet the literacy expectations that will prepare them 
to enter college and the workforce ready to succeed.
    H.R. 1891 will undercut the work of states and districts 
successfully preparing our students for their future. The 
Majority argues the country cannot afford literacy services, 
but in actuality, the country cannot afford to move backwards 
on initiatives that work.

                 ESSENTIAL SUPPORT SERVICES TO STUDENTS

    There is clear evidence that essential services to address 
students' mental health and drug and violence prevention have 
played a significant role in education reform. Committee 
Democrats believe these services must be supported and advanced 
for all students to graduate college and career ready. 
Unfortunately, H.R. 1891 eliminates these services for 
students, putting the students and their schools at greater 
risk for failure.
    One such successful example can be found in New York City. 
A 2008 independent evaluation of five New York City schools 
implementing an intervention created by an expert team of 
senior educators and social workers, which provided family 
engagement services, mental health services, and school-based 
counseling, and it showed that the schools became calmer and 
more productive environments, with fewer problem behaviors and 
higher ratings on the NYC Department of Education Learning 
Environment Survey. In these schools, there was a 51 percent 
decrease in police-reported incidents and a 32 percent decrease 
in suspensions. In addition, the schools became better places 
for teachers to teach: there was a 77 percent decline in 
teacher turnover, and a 34 percent decrease in teacher 
absences. Over a four-year intervention period ending in 2009, 
students in these schools also showed notable academic gains. 
Students' math proficiency scores increased from 49 percent to 
82 percent at the elementary level; and from 24 percent to 64 
percent at the middle school level. Students' English Language 
Arts proficiency scores increased from 47 percent to 57 percent 
at the elementary level; and from 27 percent to 49 percent at 
the middle school level.\4\
---------------------------------------------------------------------------
    \4\Kendziora, K., & Osher, D., ``Starting to Turn Schools Around: 
The Academic Outcomes of the Safe Schools, Successful Students 
Initiative,'' American Institutes for Research (2009).
---------------------------------------------------------------------------

           ESSENTIAL SERVICES TO SUPPORT TEACHERS AND LEADERS

    Research clearly demonstrates that teacher quality is one 
of the primary influences on student achievement. Committee 
Democrats believe that if we are serious about closing the 
achievement gap and graduating more students ready for college 
and careers, then we need an education system that is designed 
to have an effective teacher in every classroom. However, H.R. 
1891 eliminates essential services that support teachers and 
leaders.
    In order to compete in a global economy, students must be 
taught complex, analytical skills in a variety of issue areas. 
Currently, too many poor and minority students do not have 
access to great schools or great teachers who can provide these 
skills. Data across states show that low-income and minority 
students are disproportionately taught by inexperienced 
teachers. For example, core academic classes in high-poverty 
secondary schools are almost twice as likely as classes in low-
poverty schools to be taught by teachers with neither a major 
nor certification in their assigned subject (27 percent 
compared to 14 percent). Furthermore, high-minority secondary 
schools have almost double the percentage of math classes 
taught by teachers with neither certification nor a major as do 
their low-minority counterparts.\5\
---------------------------------------------------------------------------
    \5\Richard Ingersoll, ``Analysis of the 2003-2004 Schools and 
Staffing Survey Data for the Education Trust, ``Core Problems: Out-of-
Field Teaching Persists in Key Academic Courses and High-Poverty 
Schools'' (2007). Available at: http://www.edtrust.org/sites/
edtrust.org/files/publications/files/SASSreportCoreProblem.pdf.
---------------------------------------------------------------------------
    Committee Republicans claim that teacher support services 
eliminated by H.R. 1891 are duplicative. However, during an 
April 6, 2011 hearing in the Committee on Education and the 
Workforce, the Comptroller General, Mr. Dodaro, testified on 
the Government Accountability Office report entitled, 
``Opportunities to Reduce Potential Duplication in Government 
Programs, Save Tax Dollars, and Enhance Revenue''\6\ and stated 
that the GAO had not found any actual duplication in teaching 
programs.\7\ In addition, the report acknowledges that some of 
the potential duplication may not be unnecessary or wasteful.
---------------------------------------------------------------------------
    \6\Government Accountability Office, ``Opportunities to Reduce 
Potential Duplication in Government Programs, Save Tax Dollars, and 
Enhance Revenue'' (Mar. 2011). Available at: http://www.gao.gov/
new.items/d11318sp.pdf.
    \7\Streamlining Federal Education and Workforce Programs: A Look at 
the GAO Report on Government Waste, Hearing Before the Committee on 
Education and the Workforce, 112th Cong., 1st Sess. (2011) (testimony 
of the Honorable Gene Dodaro).
---------------------------------------------------------------------------
    Committee Democrats believe strongly that Congress must 
ensure that our teachers have the tools and professional 
development opportunities they need to successfully teach and 
support student achievement. Over the past decade, the country 
has seen the start of systemic reforms to improve teacher and 
leader effectiveness. Many states and districts are developing 
systems that recruit, prepare and reward effective teachers, 
that elevate the profession, and that strengthen pathways to 
teaching and school leadership. These reforms are integral to 
modernizing our education system.
    Committee Democrats also believe that the Federal 
government has a responsibility to ensure essential services 
for principal and leader professional development and growth. 
Research finds that 60 percent of a school's impact on student 
achievement is attributable to principal and teacher 
effectiveness.\8\ Furthermore, even though a single teacher can 
have a profound impact on student learning over the course of a 
year, that effect generally fades unless a student's subsequent 
teachers are equally effective, with half the gains being lost 
the following year, and nearly all of the gains being lost 
within two years.\9\ In order for students to have significant 
learning gains year after year, whole schools must be high-
functioning and led by effective principals with effective 
teachers across the school. This is especially vital for 
turnaround schools, where studies find no examples of success 
without effective principal leadership.
---------------------------------------------------------------------------
    \8\Marzano, R. J., Waters, T., & McNulty, B., ``School Leadership 
that Works: From Research to Results,'' Association for Supervision and 
Curriculum Development (2005).
    \9\Kane, T. J., & Staiger, D. O., ``Estimating Teacher Impacts on 
Student Achievement: An Experimental Evaluation,'' National Bureau of 
Economic Research (2008).
---------------------------------------------------------------------------

                 ESSENTIAL DROPOUT PREVENTION SERVICES

    Committee Democrats additionally believe that academic 
tutoring, summer bridge programs, early identification of at 
risk students, and dropout recovery efforts--all programs 
eliminated in H.R. 1891--are also essential services for 
student success. As a whole, federal policy does not address 
the needs of students in middle and high schools. At a time 
when our standing in the global economy depends more than ever 
on graduating an educated and skilled workforce, this lack of 
focus is dangerous. Eliminating the few effective programs we 
do have for dropout prevention is unacceptable. We need to 
invest in what works.
    According to the Alliance for Excellent Education, minority 
students are disproportionately represented in the nation's 
dropout statistics: only 56 percent of Latino students, 54 
percent of African American students, and 51 percent of 
American Indian and Alaska Native students graduate with a 
regular diploma compared to 77 percent of white students and 81 
percent of Asian Americans.\10\
---------------------------------------------------------------------------
    \10\Alliance for Excellent Education, ``About the Crisis,'' 
available at: http://www.all4ed.org/about_the_crisis.
---------------------------------------------------------------------------
    One example of a successful model for dropout prevention 
services is the Talent Development High School model, which is 
a comprehensive school reform initiative that targets some of 
the most troubled schools in the country. Findings from an 
independent evaluation of the first five high schools to begin 
using the model in the School District of Philadelphia found 
that Talent Development produced substantial gains in 
attendance, academic course credits earned, and promotion rates 
during students' first year of high school. These impacts 
emerged in the first year of implementation and were reproduced 
as the model was extended to other schools in the district and 
as subsequent cohorts of students entered the ninth grade. In 
addition, the improvements in credits earned and promotion 
rates for ninth-graders were sustained as students moved 
through high school. Improvements in student performance on the 
eleventh grade state standards assessment emerged in later 
cohorts of students due to the comprehensive and intensive 
elements of the model that were extended beyond the ninth 
grade. There are also early indications that Talent Development 
is improving graduation rates.\11\ Committee Democrats believe 
Congress should support more successful dropout prevention 
models, such as the Talent Development School model. More 
resources are needed at the middle and high school levels to 
stem the dropout crisis in our country, yet H.R. 1891 would 
eliminate support for dropout programs.
---------------------------------------------------------------------------
    \11\James J. Kemple, Corinne M. Herlihy, and Thomas J. Smith, 
``Making Progress Toward Graduation, Evidence from the Talent 
Development High School Model,'' MDRC (May 2005). Available at: http://
www.mdrc.org/publications/408/overview.html.
---------------------------------------------------------------------------

       ESSENTIAL SERVICES TO PREVENT NARROWING OF THE CURRICULUM

    In the years following the passage of No Child Left 
Behind,\12\ one of the most consistent concerns heard from 
parents, teachers, and principals is that the law led to the 
narrowing of the curriculum for students. In some districts and 
schools the intense focus on increasing achievement in reading 
and math among students unintentionally came at the expense of 
other subjects such as foreign languages, the arts, history, 
and financial and economic education.
---------------------------------------------------------------------------
    \12\P.L. 107-110.
---------------------------------------------------------------------------
    Passage of H.R. 1891 demonstrates that the Majority is not 
listening to concerns from communities. Instead of arbitrarily 
cutting program services, Committee Democrats believe in 
supporting states and districts to provide students with a 
well-rounded education that meets educational demands and the 
needs of a global economy. Committee Democrats believe that 
current law grant programs must be reformed and that the status 
quo is not working effectively as it could. Funding for 
services must be administratively easier to apply for and 
better address the needs of students, and there must also be 
more flexibility in how funds for services are used.

                              FUNDING CUTS

    The Majority seems to believe that the remaining education 
programs not eliminated in H.R. 1891 will be robust enough to 
maintain all essential services to students. However, the 
Fiscal Year 2012 (FY 12) Republican budget includes significant 
funding cuts to these remaining programs. The remaining 
programs will be forced to do much more with much fewer 
resources. As a result, services to students will be lost and 
academic achievement is sure to suffer.
    For example, the Majority claims that programs supporting 
the following activities are duplicative of Title I: literacy 
instruction; Native Hawaiians and Alaska Natives education; 
dropout prevention programs; and activities to support a well-
rounded education. Yet the FY12 Republican budget cuts Title I 
funding by more than $550 million. This cut to Title I will 
mean 2,400 schools serving nearly a million low-income students 
will lose funding and nearly 10,000 teachers and aides could 
lose their jobs. This cut would make it impossible for Title I 
to cover the essential services to students eliminated in H.R. 
1891.
    In addition, Committee Republicans of the Education and 
Workforce Committee have claimed that education funding has 
exponentially increased while student achievement has gone 
down. This claim is clearly inaccurate. Federal funding through 
ESEA has gone predominately to elementary schools. Students in 
elementary grades have seen increases in achievement. For 
example, according to the NAEP chart below, there were 
significant gains among all 4th graders from 1999 to 2008.\13\
---------------------------------------------------------------------------
    \13\National Assessment of Educational Progress (2008). Available 
at: http://nces.ed.gov/nationsreportcard. 

    Unfortunately, only 17 percent of eligible low performing 
high schools received funding from the School Improvement Grant 
program, leaving 2,500 low performing high schools without 
federal support. For high school age students achievement gaps 
remain wide.
    Researchers at Johns Hopkins University have identified 
almost 2,000 high schools (about 13 percent of American high 
schools) where the typical freshman class shrinks by 40 percent 
or more by the time the students reach their senior year. These 
``dropout factories'' serve large numbers of minority and low-
income students, and have fewer resources and less-qualified 
teachers than schools in more affluent neighborhoods with 
larger numbers of white students. In fact, 38 percent of 
African American students and 33 percent of Latino students 
attend dropout factories.\14\
---------------------------------------------------------------------------
    \14\Balfanz, R.and Legters, N., ``Locating the Drop Out Crisis'' 
(Sept. 2004). Available at: http://www.csos.jhu.edu/crespar/
techReports/Report70.pdf.
---------------------------------------------------------------------------
    Clearly now is not the time to be eliminating dropout 
prevention funding, yet the Majority eliminates essential 
dropout prevention services to students in H.R. 1891.

                               AMENDMENTS

    Due to the detrimental effect H.R. 1891 would have on 
students and schools, Committee Democrats offered a series of 
amendments to ensure students have access to essential services 
that improve student outcomes, increase academic achievement, 
and graduate students who are college and career ready. The 
amendments simply refined current law programs and added 
support for public/private partnerships to enhance the delivery 
of services. The amendments consolidated critical functions 
from the programs being eliminated by H.R. 1891 in order to 
salvage those services for schools and students. The amendments 
provided that the services restored would not be duplicated 
elsewhere. The following Democratic amendments were offered but 
defeated due to the opposition of Committee Republicans:
    Mr. Kildee, Mr. Hinojosa, and Mr. Grijalva offered an 
amendment to restore essential literacy services to students by 
amending the Reading First program under current law to provide 
students in pre-kindergarten through grade twelve literacy 
(reading and writing) services, including through school 
libraries and family literacy programs. The amendment was 
defeated 16-23.
    Mr. Holt and Ms. Woolsey offered an amendment that would 
have ensured that the Federal government is not contributing to 
the narrowing of curriculum in schools by amending the Fund for 
the Improvement of Education (FIE) to support foreign language 
learning, arts education, and the teaching of American history 
through: professional development; the development of state 
standards and assessments; school-based student activities; 
distance learning and other technology needs related to the 
development of rigorous academic courses and curricula; 
services for gifted and talented students and any other 
activities related to the development of rigorous academic 
courses and curricula. The amendment was defeated 16-23.
    Mr. Loebsack offered an amendment to restore support 
services to students that are lost through H.R. 1891, 
including: crisis intervention services; mental health 
services; expanding counseling services through qualified 
school counselors, school social workers, school psychologists, 
other qualified psychologists, or child and adolescent 
psychiatrists; providing in-service training for teachers, 
instructional staff, and appropriate school personnel; efforts 
to effectively engage parents, families, and communities in the 
education of their children; and programs that enable students 
to participate actively in physical education activities 
(including through staff and teacher training and education). 
The amendment was defeated 16-23.
    Ms. Davis offered an amendment that would have ensured that 
critical support for teachers and leaders is not lost as a 
result of H.R. 1891, including: the development of teacher 
standards; outreach, and teacher recruitment, and teacher 
support programs, related to teacher certification or 
continuing education; programs to assist high-need local 
educational agencies in recruiting and training principals; and 
professional development programs in instructional leadership 
and management. The amendment was defeated 16-23.
    Mr. Scott, Mr. Hinojosa, and Mr. Grijalva offered an 
amendment to ensure that the Federal government is not 
contributing to the dropout crisis in this country by providing 
support for critical services including: strategies to identify 
and serve students most at risk of dropping out; strengthening 
teacher effectiveness; making education more relevant for 
students through career-themed education and strategies; 
ensuring that every student has a relationship with school 
personnel and a plan to graduate; and providing summer 
opportunities for at-risk students, to reduce summer learning 
loss. The amendment was defeated 16-23.
    Ms. Hirono offered an amendment to strike the repeal of the 
Native Hawaiian Education Act and the Alaska Native Educational 
Equity Act. These competitive grant programs ensure that Native 
Hawaiian and Alaska Native students continue to receive quality 
education through rigorous culturally based curricula and 
educational programs. A similar amendment, offered earlier this 
year by Mr. Young of Alaska and Ms. Hirono, to restore these 
programs, passed with bipartisan support during floor 
consideration of H.R. 1.\15\ Mr. Young and Ms. Hirono also sent 
a letter in support of these programs during the Education and 
the Workforce Committee markup. The amendment was defeated 16-
23.
---------------------------------------------------------------------------
    \15\Full-Year Continuing Appropriations Act, 2011.
---------------------------------------------------------------------------

                               CONCLUSION

    The current state of the public education system is 
hindering the economic performance of the nation. Comprehensive 
reform of ESEA is essential to closing the achievement gap, 
eliminating the dropout problem, and ensuring that all students 
graduate from high school prepared for college and careers. 
Committee Democrats do not believe eliminating essential 
services to students in the manner undertaken by H.R. 1891 will 
create efficiencies or improve the performance of school 
districts or students. True reform efforts will.
    According to the Alliance for Excellent Education, nearly 
600,000 students dropped out from the Class of 2008. By 
graduating just half of these students, they together would 
earn $4.1 billion in additional wages over the course of an 
average year, and as incomes grow, so too would local tax 
revenues--by nearly $536 million during the average year.\16\
---------------------------------------------------------------------------
    \16\Alliance for Excellent Education, ``The Economic Benefits from 
Halving the Dropout Rate--A Boom to Businesses in the Nation's Largest 
Metropolitan Areas'' (Jan. 2010). Available at: http://www.all4ed.org/
files/EconBeneCityCardBooklet011210.pdf.
---------------------------------------------------------------------------
    Committee Democrats believe true reform includes updating 
the law to respond to student, parent, local, and national 
needs through college and career-ready standards, modernizing 
the teaching and learning workforce, and modernizing the system 
to provide States and districts with easier access to federal 
funds and more flexibility to use those funds while still 
maintaining a strong system of accountability for all students.

                                   George Miller,
                                           Senior Democratic Member.
                                   Dale E. Kildee.
                                   Robert E. Andrews.
                                   Dennis J. Kucinich.
                                   Lynn C. Woolsey.
                                   Timothy H. Bishop.
                                   Dave Loebsack.
                                   Bobby C. Scott.
                                   Mazie K. Hirono.
                                   John F. Tierney.
                                   Donald M. Payne.
                                   Ruben Hinojosa.
                                   Raul M. Grijalva.
                                   Carolyn McCarthy.
                                   David Wu.
                                   Rush D. Holt.
                                   Susan A. Davis.

                                  

```