99–006 

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 are repealed: 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). 


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(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’’). 


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(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.— 


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(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 


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(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 

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cation 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 


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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 


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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. 


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• 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. 


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• 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. 


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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. 2 ‘‘FY2012 Education Budget Summary and Background Information,’’ U.S. Department of 

Education, p.93. 

• 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. 

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


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3 U.S. Department of Education, National Center for Education Statistics. (2011). The Condition of Education 2011, Indicator 38 Education Expenditures by Country. 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). 

EDUCATION FUNDING BY SOURCE 

[In billions] 

Funding source Dollars 

2009–2010 

Percent 

2009–2010 

Dollars 

2010–2011 

Percent 

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

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

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. 


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6Letter from the Council of Great City Schools to The Honorable John Kline, Chairman, Education and the Workforce Committee, May 23, 2011. 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. 8 U.S. Department of Education, ‘‘Third National Even Start Evaluation: Program Impacts and 

Implications for Improvement,’’ 2003. 

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

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. 

• 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

• 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. 


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9WestEd, ‘‘The Federal Comprehensive School Reform Program and School Turnaround: Key 

Evaluation Findings,’’ March 29, 2011. 

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

• 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 


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10 National Writing Project Program Assessment. Office of Management and Budget, 

ExpectMore.gov. 2004. 11Teaching 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. 13 Enhancing Education Through Technology Program Assessment. Office of Management and 

Budget, ExpectMore.gov. 2005. 

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

• 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. • 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 


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14 Ready to Learn Television Program Assessment. Office of Management and Budget, 

ExpectMore.gov. 2004. 15State Grants for Safe and Drug-Free Schools and Communities Assessment. Office of Management and Budget, ExpectMore.gov, 2002. 16Mentoring Program Assessment. Office of Management and Budget, ExpectMore.gov, 2006. 

from the Title I Aid to Disadvantaged students and Title II Teacher 

Quality State Grants programs. 

• 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. 

• 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 DrugFree Schools and Communities National Programs and the 21st 

Century Community Learning Center program. 

• 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. 


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17Pearson, Ann E., et. al, ‘‘Survey of Outcomes Measurement in Research on Character Education Programs.’’ U.S. Department of Education, Institute of Education Sciences. 2009. 18 Bernstein, Lawrence, et. al. ‘‘Implementation Study of Smaller Learning Communities Final 

Report.’’ U.S. Department of Education, 2008. 

• 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

• Smaller Learning Communities (SLC): SLC was defunded in 

the FY 2011 CR. A 2008 Department of Education review of longterm 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. 

• 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 technologybased 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 


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19Government 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. 

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

• 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 atrisk populations can use funds under the Title I Neglected and DeVerDate Mar 15 2010 21:32 Jun 15, 2011 Jkt 099006 PO 00000 Frm 00018 Fmt 6659 Sfmt 6602 E:\HR\OC\HR106.XXX HR106

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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. 

linquent 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

• 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 


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21 U.S. Department of Education, FY 2007 Education for Native Hawaiians Performance Report. 

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

• 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; 


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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. 


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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 


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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) * * * 

ø(b) READING FIRST.—¿ 

ø(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. 

ø(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. 

ø(3) EVEN START.—For the purpose of carrying out subpart 

3 of part B, there are authorized to be appropriated 


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$260,000,000 for fiscal year 2002 and such sums as may be 

necessary for each of the 5 succeeding fiscal years. 

ø(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.¿ 

* * * * * * * 

ø(e) FEDERAL ACTIVITIES.—¿ 

ø(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. 

ø(2) SECTION 1504.— 

ø(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. 

ø(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).¿ 

ø(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.¿ 

ø(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. 

ø(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— 

ø(1) up to 10 percent shall be available to carry out subpart 

1 of part H for each fiscal year; and 

ø(2) the remainder shall be available to carry out subpart 2 

of part H for each fiscal year.¿ 

ø(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 

* * * * * * * 


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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 improvementø, 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 øsection 

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: 


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(i) * * * 

* * * * * * * 

(vii) Promoting reading and library programs that 

provide access to engaging reading materialø, including coordination with programs funded through grants 

received under subpart 4, where applicable¿. 

* * * * * * * 

øSubpart 2—Early Reading First 

øSEC. 1221. PURPOSES; DEFINITIONS. 

ø(a) PURPOSES.—The purposes of this subpart are as follows: 

ø(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. 

ø(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. 

ø(3) To demonstrate language and literacy activities based 

on scientifically based reading research that supports the ageappropriate development of— 

ø(A) recognition, leading to automatic recognition, of letters of the alphabet; 

ø(B) knowledge of letter sounds, the blending of sounds, 

and the use of increasingly complex vocabulary; 

ø(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; 

ø(D) spoken language, including vocabulary and oral 

comprehension abilities; and 

ø(E) knowledge of the purposes and conventions of print. 

ø(4) To use screening assessments to effectively identify preschool age children who may be at risk for reading failure. 

ø(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. 

ø(b) DEFINITIONS.—For purposes of this subpart: 

ø(1) ELIGIBLE APPLICANT.—The term ‘‘eligible applicant’’ 

means— 

ø(A) one or more local educational agencies that are eligible to receive a subgrant under subpart 1; 

ø(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 


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ø(C) one or more local educational agencies described in 

subparagraph (A) in collaboration with one or more organizations or agencies described in subparagraph (B). 

ø(2) SCIENTIFICALLY BASED READING RESEARCH.—The term 

‘‘scientifically based reading research’’ has the same meaning 

given to that term in section 1208. 

ø(3) SCREENING READING ASSESSMENT.—The term ‘‘screening 

reading assessment’’ has the same meaning given to that term 

in section 1208. 

øSEC. 1222. LOCAL EARLY READING FIRST GRANTS. 

ø(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). 

ø(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— 

ø(1) the programs to be served by the proposed project, including demographic and socioeconomic information on the preschool age children enrolled in the programs; 

ø(2) how the proposed project will enhance the school readiness of preschool age children in high-quality oral language 

and literature-rich environments; 

ø(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; 

ø(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; 

ø(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; 

ø(6) how the proposed project will integrate such instructional materials and literacy activities with existing preschool 

programs and family literacy services; 

ø(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; 

ø(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; 

ø(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 

ø(10) such other information as the Secretary may require. 

ø(c) APPROVAL OF LOCAL APPLICATIONS.—The Secretary shall select applicants for funding under this subpart based on the quality 


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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. 

ø(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: 

ø(1) Providing preschool age children with high-quality oral 

language and literature-rich environments in which to acquire 

language and prereading skills. 

ø(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— 

ø(A) recognition, leading to automatic recognition, of letters of the alphabet, knowledge of letters, sounds, blending 

of letter sounds, and increasingly complex vocabulary; 

ø(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; 

ø(C) spoken language, including vocabulary and oral 

comprehension abilities; and 

ø(D) knowledge of the purposes and conventions of print. 

ø(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). 

ø(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. 

ø(5) Integrating such instructional materials, activities, tools, 

and measures into the programs offered by the eligible applicant. 

ø(e) AWARD AMOUNTS.—The Secretary may establish a maximum 

award amount, or ranges of award amounts, for grants under this 

subpart. 

øSEC. 1223. FEDERAL ADMINISTRATION. 

øThe 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. 

øSEC. 1224. INFORMATION DISSEMINATION. 

øFrom 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. 


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øSEC. 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— 

ø(1) the research-based instruction, materials, and activities 

being used in the programs funded under the grant; 

ø(2) the types of programs funded under the grant and the 

ages of children served by such programs; 

ø(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 

ø(4) the results of the evaluation described in section 

1222(b)(9). 

øSEC. 1226. EVALUATION. 

ø(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. 

ø(b) REPORTS.— 

ø(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. 

ø(2) FINAL REPORT.—Not later than September 30, 2006, the 

Secretary shall submit a final report to the committees described in paragraph (1). 

ø(c) CONTENTS.—The reports submitted under subsection (b) 

shall include information on the following: 

ø(1) How the grant recipients under this subpart are improving the prereading skills of preschool children. 

ø(2) The effectiveness of the professional development program assisted under this subpart. 

ø(3) How early childhood teachers are being prepared with 

scientifically based reading research on early reading development. 

ø(4) What activities and instructional practices are most effective. 

ø(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. 

ø(6) Any recommendations on strengthening or modifying 

this subpart. 

øSubpart 3—William F. Goodling Even Start 

Family Literacy Programs 

øSEC. 1231. STATEMENT OF PURPOSE. 

It is the purpose of this subpart to help break the cycle of poverty and illiteracy by— 


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ø(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 

ø(2) establishing a program that shall— 

ø(A) be implemented through cooperative projects that 

build on high-quality existing community resources to create a new range of services; 

ø(B) promote the academic achievement of children and 

adults; 

ø(C) assist children and adults from low-income families 

to achieve to challenging State content standards and challenging State student achievement standards; and 

ø(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. 

øSEC. 1232. PROGRAM AUTHORIZED. 

ø(a) RESERVATION FOR MIGRANT PROGRAMS, OUTLYING AREAS, 

AND INDIAN TRIBES.— 

ø(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— 

ø(A) children of migratory workers; 

ø(B) the outlying areas; and 

ø(C) Indian tribes and tribal organizations. 

ø(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. 

ø(3) COORDINATION OF PROGRAMS FOR AMERICAN INDIANS.— 

The Secretary shall ensure that programs under paragraph 

(1)(C) are coordinated with family literacy programs operated 

by the Bureau of Indian Affairs in order to avoid duplication 

and to encourage the dissemination of information on highquality family literacy programs serving American Indians. 

ø(b) RESERVATION FOR FEDERAL ACTIVITIES.— 

ø(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— 

ø(A) carrying out the evaluation required by section 

1239; and 

ø(B) providing, through grants or contracts with eligible 

organizations, technical assistance, program improvement, 

and replication activities. 


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ø(2) RESEARCH.—In any fiscal year, if the amount appropriated under section 1002(b)(3) for such year— 

ø(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 multiyear 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 

ø(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). 

ø(c) RESERVATION FOR GRANTS.— ø(1) GRANTS AUTHORIZED.— ø(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. 

ø(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. 

ø(C) RESTRICTION.—No State educational agency may receive more than one grant under this subsection. 

ø(2) CONSORTIA.— ø(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: 

ø(i) This title (other than part D). 

ø(ii) The Head Start Act. 

ø(iii) The Adult Education and Family Literacy Act. 

ø(iv) All other State-funded preschool programs and 

programs providing literacy services to adults. 

ø(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. 

ø(C) COORDINATION WITH SUBPART 1.—The consortium 

shall coordinate its activities under this paragraph with 

the activities of the reading and literacy partnership for 


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the State educational agency established under section 

1203(d), if the State educational agency receives a grant 

under section 1202. 

ø(3) READING INSTRUCTION.—Statewide family literacy initiatives implemented under this subsection shall base reading instruction on scientifically based reading research. 

ø(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. 

ø(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. 

ø(d) STATE EDUCATIONAL AGENCY ALLOCATION.— ø(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). 

ø(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. 

ø(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. 

ø(e) DEFINITIONS.—For the purpose of this subpart— 

ø(1) the term ‘‘eligible entity’’ means a partnership composed 

of— 

ø(A) a local educational agency; and 

ø(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; 

ø(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.; 

ø(3) the terms ‘‘Indian tribe’’ and ‘‘tribal organization’’ have 

the meanings given those terms in section 4 of the Indian SelfDetermination and Education Assistance Act; 


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ø(4) the term ‘‘scientifically based reading research’’ has the 

meaning given that term in section 1208; and 

ø(5) the term ‘‘State’’ means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. 

øSEC. 1233. STATE EDUCATIONAL AGENCY PROGRAMS. 

ø(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— 

ø(1) administration, which amount shall not exceed half of 

the total; 

ø(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 

ø(3) carrying out sections 1240 and 1234(c). 

ø(b) SUBGRANTS FOR LOCAL PROGRAMS.— 

ø(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. 

ø(2) MINIMUM SUBGRANT AMOUNTS.— 

ø(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. 

ø(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. 

ø(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. 

øSEC. 1234. USES OF FUNDS. 

ø(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. 

ø(b) FEDERAL SHARE LIMITATION.— 

ø(1) IN GENERAL.— 

ø(A) FEDERAL SHARE.—Except as provided in paragraph 

(2), the Federal share under this subpart may not exceed— 


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ø(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; 

ø(ii) 80 percent in the second year; 

ø(iii) 70 percent in the third year; 

ø(iv) 60 percent in the fourth year; 

ø(v) 50 percent in the fifth, sixth, seventh, and 

eighth such years; and 

ø(vi) 35 percent in any subsequent year. 

ø(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. 

ø(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— 

ø(A) demonstrates that it otherwise would not be able to 

participate in the program assisted under this subpart; 

and 

ø(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. 

ø(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. 

ø(c) USE OF FUNDS FOR FAMILY LITERACY SERVICES.— ø(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. 

ø(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. 

ø(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. 

ø(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 


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a grant, contract, or cooperative agreement with an entity that 

has experience in offering high-quality training and technical 

assistance to family literacy providers. 

øSEC. 1235. PROGRAM ELEMENTS. 

Each program assisted under this subpart shall— 

ø(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; 

ø(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; 

ø(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— 

ø(A) scheduling and locating of services to allow joint 

participation by parents and children; 

ø(B) child care for the period that parents are involved 

in the program provided under this subpart; and 

ø(C) transportation for the purpose of enabling parents 

and their children to participate in programs authorized by 

this subpart; 

ø(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; 

ø(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— 

ø(A) not later than December 21, 2004— 

ø(i) a majority of the individuals providing academic 

instruction— 

ø(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 

ø(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; 

ø(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 


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ø(iii) paraprofessionals who provide support for academic instruction have a secondary school diploma or 

its recognized equivalent; and 

ø(B) all new personnel hired to provide academic instruction— 

ø(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 

ø(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; 

ø(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; 

ø(7) provide and monitor integrated instructional services to 

participating parents and children through home-based programs; 

ø(8) operate on a year-round basis, including the provision of 

some program services, including instructional and enrichment 

services, during the summer months; 

ø(9) be coordinated with— 

ø(A) other programs assisted under this Act; 

ø(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 

ø(C) the Head Start program, volunteer literacy programs, and other relevant programs; 

ø(10) use instructional programs based on scientifically 

based reading research for children and adults, to the extent 

that research is available; 

ø(11) encourage participating families to attend regularly 

and to remain in the program a sufficient time to meet their 

program goals; 

ø(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; 

ø(13) if applicable, promote the continuity of family literacy 

to ensure that individuals retain and improve their educational 

outcomes; 

ø(14) ensure that the programs will serve those families 

most in need of the activities and services provided by this subpart; and 

ø(15) provide for an independent evaluation of the program, 

to be used for program improvement. 

øSEC. 1236. ELIGIBLE PARTICIPANTS. 

ø(a) IN GENERAL.—Except as provided in subsection (b), eligible 

participants in an Even Start program are— 

ø(1) a parent or parents— 


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ø(A) who are eligible for participation in adult education 

and literacy activities under the Adult Education and 

Family Literacy Act; or 

ø(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 

ø(2) the child or children, from birth through age 7, of any 

individual described in paragraph (1). 

ø(b) ELIGIBILITY FOR CERTAIN OTHER PARTICIPANTS.— 

ø(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. 

ø(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— 

ø(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 

ø(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. 

ø(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. 

øSEC. 1237. APPLICATIONS. 

ø(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. 

ø(b) REQUIRED DOCUMENTATION.—Each application shall include 

documentation, satisfactory to the State educational agency, that 

the eligible entity has the qualified personnel needed— 

ø(1) to develop, administer, and implement an Even Start 

program under this subpart; and 

ø(2) to provide access to the special training necessary to 

prepare staff for the program, which may be offered by an eligible organization. 

ø(c) PLAN.— 


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ø(1) IN GENERAL.—The application shall also include a plan 

of operation and continuous improvement for the program, that 

includes— 

ø(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; 

ø(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; 

ø(C) a description of the population to be served and an 

estimate of the number of participants to be served; 

ø(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; 

ø(E) a statement of the methods that will be used— 

ø(i) to ensure that the programs will serve families 

most in need of the activities and services provided by 

this subpart; 

ø(ii) to provide services under this subpart to individuals with special needs, such as individuals with 

limited English proficiency and individuals with disabilities; and 

ø(iii) to encourage participants to remain in the program for a time sufficient to meet the program’s purpose; 

ø(F) a description of how the plan is integrated with 

other programs under this Act or other Acts, as appropriate; and 

ø(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. 

ø(2) DURATION OF THE PLAN.—Each plan submitted under 

paragraph (1) shall— 

ø(A) remain in effect for the duration of the eligible entity’s participation under this subpart; and 

ø(B) be periodically reviewed and revised by the eligible 

entity as necessary. 

ø(d) CONSOLIDATED APPLICATION.—The plan described in subsection (c)(1) may be submitted as part of a consolidated application under section 9305. 

øSEC. 1238. AWARD OF SUBGRANTS. 

ø(a) SELECTION PROCESS.— 

ø(1) IN GENERAL.—The State educational agency shall establish a review panel in accordance with paragraph (3) that will 

approve applications that— 

ø(A) are most likely to be successful in— 

ø(i) meeting the purpose of this subpart; and 

ø(ii) effectively implementing the program elements 

required under section 1235; 


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ø(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.); 

ø(C) provide services for at least a 3-year age range, 

which may begin at birth; 

ø(D) demonstrate the greatest possible cooperation and 

coordination between a variety of relevant service providers in all phases of the program; 

ø(E) include cost-effective budgets, given the scope of the 

application; 

ø(F) demonstrate the applicant’s ability to provide the 

non-Federal share required by section 1234(b); 

ø(G) are representative of urban and rural regions of the 

State; and 

ø(H) show the greatest promise for providing models 

that may be adopted by other family literacy projects and 

other local educational agencies. 

ø(2) PRIORITY FOR SUBGRANTS.—The State educational agency shall give priority for subgrants under this subsection to applications that— 

ø(A) target services primarily to families described in 

paragraph (1)(B); or 

ø(B) are located in areas designated as empowerment 

zones or enterprise communities. 

ø(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: 

ø(A) A representative of a parent-child education organization. 

ø(B) A representative of a community-based literacy organization. 

ø(C) A member of a local board of education. 

ø(D) A representative of business and industry with a 

commitment to education. 

ø(E) An individual who has been involved in the implementation of programs under this title in the State. 

ø(b) DURATION.— ø(1) IN GENERAL.—Subgrants under this subpart may be 

awarded for a period not to exceed 4 years. 

ø(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 


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recruitment and training, and the coordination of services, before requiring full implementation of the program. 

ø(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. 

ø(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— 

ø(A) providing technical assistance to the eligible entity; 

and 

ø(B) affording the eligible entity notice and an opportunity for a hearing. 

ø(5) GRANT RENEWAL.—(A) An eligible entity that has previously received a subgrant under this subpart may reapply 

under this subpart for additional subgrants. 

ø(B) The Federal share of any subgrant renewed under subparagraph (A) shall be limited in accordance with section 

1234(b). 

øSEC. 1239. EVALUATION. 

From funds reserved under section 1232(b)(1), the Secretary 

shall provide for an independent evaluation of programs assisted 

under this subpart— 

ø(1) to determine the performance and effectiveness of programs assisted under this subpart; 

ø(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 

ø(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. 

øSEC. 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: 

ø(1) With respect to eligible participants in a program who 

are adults— 

ø(A) achievement in the areas of reading, writing, 

English-language acquisition, problem solving, and 

numeracy; 


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ø(B) receipt of a secondary school diploma or a general 

equivalency diploma (GED); 

ø(C) entry into a postsecondary school, job retraining 

program, or employment or career advancement, including 

the military; and 

ø(D) such other indicators as the State may develop. 

ø(2) With respect to eligible participants in a program who 

are children— 

ø(A) improvement in ability to read on grade level or 

reading readiness; 

ø(B) school attendance; 

ø(C) grade retention and promotion; and 

ø(D) such other indicators as the State may develop. 

øSEC. 1241. RESEARCH. 

ø(a) IN GENERAL.—The Secretary shall carry out, through grant 

or contract, research into the components of successful family literacy services, in order to— 

ø(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 

ø(2) develop models for new programs to be carried out 

under this Act or the Adult Education and Family Literacy 

Act. 

ø(b) SCIENTIFICALLY BASED RESEARCH ON FAMILY LITERACY.— 

ø(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— 

ø(A) is scientifically based reading research; and 

ø(B) determines— 

ø(i) the most effective ways of improving the literacy 

skills of adults with reading difficulties; and 

ø(ii) how family literacy services can best provide 

parents with the knowledge and skills the parents 

need to support their children’s literacy development. 

ø(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. 

ø(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. 

øSEC. 1242. CONSTRUCTION. 

øNothing 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. 


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øSubpart 4—Improving Literacy Through School 

Libraries 

øSEC. 1251. IMPROVING LITERACY THROUGH SCHOOL LIBRARIES. 

ø(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. 

ø(b) RESERVATION.—From the funds appropriated under section 

1002(b)(4) for a fiscal year, the Secretary shall reserve— 

ø(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 

ø(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. 

ø(c) GRANTS.— ø(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). 

ø(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). 

ø(3) DEFINITION OF ELIGIBLE LOCAL EDUCATIONAL AGENCY.— In this section the term ‘‘eligible local educational agency’’ 

means— 

ø(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 

ø(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— 

ø(i) 15 percent of the students who are served by the 

local educational agency are from such families; or 

ø(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. 

ø(d) STATE GRANTS.— ø(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 


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fiscal year, to increase literacy and reading skills by improving 

school libraries. 

ø(2) COMPETITIVE GRANTS TO ELIGIBLE LOCAL EDUCATIONAL

AGENCIES.—Each State educational agency receiving an allotment under paragraph (1) for a fiscal year— 

ø(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 

ø(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). 

ø(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). 

ø(e) DIRECT COMPETITIVE GRANTS TO ELIGIBLE LOCAL EDU- CATIONAL AGENCIES.— ø(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). 

ø(2) DURATION.—The Secretary shall award grants under 

this subsection for a period of 1 year. 

ø(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. 

ø(f) APPLICATIONS.— ø(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— 

ø(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 

ø(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. 

ø(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 


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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— 

ø(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; 

ø(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); 

ø(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; 

ø(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 

ø(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. 

ø(g) LOCAL ACTIVITIES.—Funds under this section may be used 

to— 

ø(1) acquire up-to-date school library media resources, including books; 

ø(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; 

ø(3) facilitate Internet links and other resource-sharing networks among schools and school library media centers, and 

public and academic libraries, where possible; 

ø(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 

ø(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. 

ø(h) ACCOUNTABILITY AND REPORTING.— ø(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 


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school library media resources in the elementary schools and 

secondary schools served by the eligible local educational agency was increased. 

ø(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. 

ø(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. 

ø(j) NATIONAL ACTIVITIES.— 

ø(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. 

ø(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 

* * * * * * * 

øSEC. 1502. DEMONSTRATIONS OF INNOVATIVE PRACTICES. 

ø(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. 

ø(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. 

ø(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 


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the quality of teaching and learning in schools assisted under this 

title.¿ 

* * * * * * * 

øSEC. 1504. CLOSE UP FELLOWSHIP PROGRAM. 

ø(a) PROGRAM FOR MIDDLE SCHOOL AND SECONDARY SCHOOL

STUDENTS.— ø(1) ESTABLISHMENT.— ø(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. 

ø(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). 

ø(C) NAME OF FELLOWSHIPS.—Financial assistance received by students pursuant to this subsection shall be 

known as Close Up fellowships. 

ø(2) APPLICATIONS.— ø(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. 

ø(B) CONTENTS OF APPLICATION.—Each application submitted under this paragraph shall contain assurances 

that— 

ø(i) Close Up fellowships provided under this subsection shall be made to economically disadvantaged 

middle school and secondary school students; 

ø(ii) every effort shall be made to ensure the participation of students from rural, small town, and urban 

areas; 

ø(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 

ø(iv) the funds received under this subsection shall 

be properly disbursed. 

ø(b) PROGRAM FOR MIDDLE SCHOOL AND SECONDARY SCHOOL

TEACHERS.— 

ø(1) ESTABLISHMENT.— 

ø(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 responsiVerDate Mar 15 2010 21:32 Jun 15, 2011 Jkt 099006 PO 00000 Frm 00055 Fmt 6659 Sfmt 6602 E:\HR\OC\HR106.XXX HR106

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bility and understanding of the Federal Government 

among the teachers’ students. 

ø(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). 

ø(C) NAME OF FELLOWSHIPS.—Financial assistance received by teachers pursuant to this subsection shall be 

known as Close Up fellowships. 

ø(2) APPLICATIONS.— ø(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. 

ø(B) CONTENTS OF APPLICATION.—Each application submitted under this paragraph shall contain assurances 

that— 

ø(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); 

ø(ii) no teacher shall receive more than one such fellowship in any fiscal year; and 

ø(iii) the funds received under this subsection shall 

be properly disbursed. 

ø(c) PROGRAMS FOR NEW AMERICANS.— ø(1) ESTABLISHMENT.— ø(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. 

ø(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. 

ø(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). 

ø(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. 

ø(2) APPLICATIONS.— 

ø(A) APPLICATION REQUIRED.—No grant under this subsection may be made except upon an application at such 

time, in such manner, and accompanied by such information as the Secretary may reasonably require. 


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ø(B) CONTENTS OF APPLICATION.—Each application submitted under this paragraph shall contain assurances 

that— 

ø(i) Close Up Fellowships for New Americans shall 

be made to economically disadvantaged middle school 

and secondary school recent immigrant students; 

ø(ii) every effort shall be made to ensure the participation of recent immigrant students from rural, small 

town, and urban areas; 

ø(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; 

ø(iv) fully describe the activities to be carried out 

with the proceeds of the grant made under paragraph 

(1); and 

ø(v) the funds received under this subsection shall 

be properly disbursed. 

ø(d) GENERAL PROVISIONS.— 

ø(1) ADMINISTRATIVE PROVISIONS.— 

ø(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: 

ø(i) Providing young people with an increased understanding of the Federal Government. 

ø(ii) Heightening a sense of civic responsibility 

among young people. 

ø(iii) Enhancing the skills of educators in teaching 

young people about civic responsibility, the Federal 

Government, and attaining citizenship competencies. 

ø(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. 

ø(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. 

ø(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. 


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øPART F—COMPREHENSIVE SCHOOL REFORM 

øSEC. 1601. PURPOSE. 

øThe 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. 

øSEC. 1602. PROGRAM AUTHORIZATION. 

ø(a) PROGRAM AUTHORIZED.— 

ø(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. 

ø(2) ALLOTMENTS.— 

ø(A) RESERVATIONS.—Of the amount appropriated under 

section 1002(f), the Secretary may reserve— 

ø(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; 

ø(ii) not more than 1 percent for each fiscal year to 

conduct national evaluation activities described in section 1607; and 

ø(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. 

ø(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. 

ø(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). 

øSEC. 1603. STATE APPLICATIONS. 

ø(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. 

ø(b) CONTENTS.—Each such application shall describe— 

ø(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; 


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ø(2) how the State educational agency will ensure that funds 

under this part are limited to comprehensive school reform 

programs that— 

ø(A) include each of the components described in section 

1606(a); 

ø(B) have the capacity to improve the academic achievement of all students in core academic subjects within participating schools; and 

ø(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; 

ø(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; 

ø(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 

ø(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. 

øSEC. 1604. STATE USE OF FUNDS. 

ø(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. 

ø(b) SUBGRANT REQUIREMENTS.—A subgrant to a local educational agency or consortium shall be— 

ø(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; 

ø(2) in an amount not less than $50,000— 

ø(A) for each participating school; or 

ø(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 

ø(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. 

ø(c) PRIORITY.—A State educational agency, in awarding subgrants under this part, shall give priority to local educational agencies or consortia that— 

ø(1) plan to use the funds in schools identified as being in 

need of improvement or corrective action under section 1116(c); 

and 


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ø(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. 

ø(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. 

ø(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. 

ø(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. 

ø(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. 

øSEC. 1605. LOCAL APPLICATIONS. 

ø(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. 

ø(b) CONTENTS.—Each such application shall— 

ø(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; 

ø(2) describe the comprehensive school reforms based on scientifically based research and effective practices that such 

schools will implement; 

ø(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 

ø(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. 

øSEC. 1606. LOCAL USE OF FUNDS. 

ø(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— 


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ø(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; 

ø(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; 

ø(3) provides high quality and continuous teacher and staff 

professional development; 

ø(4) includes measurable goals for student academic achievement and benchmarks for meeting such goals; 

ø(5) is supported by teachers, principals, administrators, 

school personnel staff, and other professional staff; 

ø(6) provides support for teachers, principals, administrators, 

and other school staff; 

ø(7) provides for the meaningful involvement of parents and 

the local community in planning, implementing, and evaluating school improvement activities consistent with section 

1118; 

ø(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; 

ø(9) includes a plan for the annual evaluation of the implementation of school reforms and the student results achieved; 

ø(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 

ø(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 

ø(B) has been found to have strong evidence that such program will significantly improve the academic achievement of 

participating children. 

ø(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). 

øSEC. 1607. EVALUATION AND REPORTS. 

ø(a) IN GENERAL.—The Secretary shall develop a plan for a national evaluation of the programs assisted under this part. 

ø(b) EVALUATION.—The national evaluation shall— 

ø(1) evaluate the implementation and results achieved by 

schools after 3 years of implementing comprehensive school reforms; and 


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ø(2) assess the effectiveness of comprehensive school reforms 

in schools with diverse characteristics. 

ø(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. 

øSEC. 1608. QUALITY INITIATIVES. 

The Secretary, through grants or contracts, shall provide funds 

for— 

ø(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 

ø(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 øsection 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. 

* * * * * * * 

øPART H—SCHOOL DROPOUT PREVENTION 

øSEC. 1801. SHORT TITLE. 

øThis part may be cited as the ‘‘Dropout Prevention Act’’. 

øSEC. 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— 

ø(1) challenge all children to attain their highest academic 

potential; and 

ø(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. 

øSEC. 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 


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as may be necessary for each of the 5 succeeding fiscal years, of 

which— 

ø(1) 10 percent shall be available to carry out subpart 1 for 

each fiscal year; and 

ø(2) 90 percent shall be available to carry out subpart 2 for 

each fiscal year. 

øSubpart 1—Coordinated National Strategy 

øSEC. 1811. NATIONAL ACTIVITIES. 

ø(a) IN GENERAL.—The Secretary is authorized— 

ø(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; 

ø(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— 

ø(A) the results of research on school dropout prevention 

and reentry; and 

ø(B) information on effective programs, best practices, 

and Federal resources to— 

ø(i) reduce annual school dropout rates; 

ø(ii) increase school reentry; and 

ø(iii) increase secondary school graduation rates; 

ø(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; 

ø(4) to establish and consult with an interagency working 

group that shall— 

ø(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; 

ø(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 

ø(C) examine Federal programs that may have a positive 

impact on secondary school graduation or school reentry; 

ø(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 

ø(6) to use funds made available for this subpart to carry out 

the evaluation required under section 1830(c). 

ø(b) RECOGNITION PROGRAM.— 

ø(1) ESTABLISHMENT.—The Secretary shall— 

ø(A) establish a national recognition program; and 


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ø(B) develop uniform national guidelines for the recognition program that shall be used to recognize eligible 

schools from nominations submitted by State educational 

agencies. 

ø(2) RECOGNITION.—The Secretary shall recognize, under the 

recognition program established under paragraph (1), eligible 

schools. 

ø(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. 

ø(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— 

ø(A) in that secondary school or charter school; or 

ø(B) in the case of a middle school, in the secondary 

school that the middle school feeds students into. 

ø(c) CAPACITY BUILDING.— 

ø(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. 

ø(2) NUMBER AND DURATION.— 

ø(A) NUMBER.—The Secretary may award not more than 

five contracts under this subsection. 

ø(B) DURATION.—The Secretary may award a contract 

under this subsection for a period of not more than 5 

years. 

ø(d) SUPPORT FOR EXISTING REFORM NETWORKS.— 

ø(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. 

ø(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— 

ø(A) provided training, technical assistance, and materials related to school dropout prevention or reentry to 100 

or more elementary schools or secondary schools; and 

ø(B) developed and published a specific educational program or design related to school dropout prevention or reentry for use by the schools. 

øSubpart 2—School Dropout Prevention Initiative 

øSEC. 1821. DEFINITIONS. 

In this subpart: 

ø(1) LOW-INCOME STUDENT.—The term ‘‘low-income student’’ 

means a student who is determined by a local educational 


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agency to be from a low-income family using the measures described in section 1113(c). 

ø(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. 

øSEC. 1822. PROGRAM AUTHORIZED. 

ø(a) GRANTS TO STATE EDUCATIONAL AGENCIES AND LOCAL EDU- CATIONAL AGENCIES.— ø(1) AMOUNT LESS THAN $75,000,000.— 

ø(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— 

ø(i) State educational agencies to support activities— 

ø(I) in schools that— 

ø(aa) serve students in grades 6 through 12; 

and 

ø(bb) have annual school dropout rates that 

are above the State average annual school 

dropout rate; or 

ø(II) in the middle schools that feed students 

into the schools described in subclause (I); or 

ø(ii) local educational agencies that operate— 

ø(I) schools that— 

ø(aa) serve students in grades 6 through 12; 

and 

ø(bb) have annual school dropout rates that 

are above the State average annual school 

dropout rate; or 

ø(II) middle schools that feed students into the 

schools described in subclause (I). 

ø(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— 

ø(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 

ø(ii) the middle schools that feed students into the 

schools described in clause (i). 

ø(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). 

ø(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 


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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). 

ø(b) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.— ø(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— 

ø(A) professional development; 

ø(B) obtaining curricular materials; 

ø(C) release time for professional staff to obtain professional development; 

ø(D) planning and research; 

ø(E) remedial education; 

ø(F) reduction in pupil-to-teacher ratios; 

ø(G) efforts to meet State student academic achievement 

standards; 

ø(H) counseling and mentoring for at-risk students; 

ø(I) implementing comprehensive school reform models, 

such as creating smaller learning communities; and 

ø(J) school reentry activities. 

ø(2) AMOUNT.—Subject to paragraph (3), a subgrant under 

this subpart shall be awarded— 

ø(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— 

ø(i) the size of schools operated by the local educational agency; 

ø(ii) costs of the model or set of prevention and reentry strategies being implemented; and 

ø(iii) local cost factors such as poverty rates; 

ø(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; 

ø(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 

ø(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. 

ø(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 


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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. 

øSEC. 1823. APPLICATIONS. 

ø(a) IN GENERAL.—To receive— 

ø(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 

ø(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. 

ø(b) CONTENTS.— 

ø(1) STATE EDUCATIONAL AGENCY AND LOCAL EDUCATIONAL

AGENCY.—Each application and plan submitted under subsection (a) shall— 

ø(A) include an outline— 

ø(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; 

ø(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 

ø(iii) for assessing the effectiveness of the efforts described in the plan; 

ø(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; 

ø(C) describe the instructional strategies to be implemented, how the strategies will serve all students, and the 

effectiveness of the strategies; 

ø(D) describe a budget and timeline for implementing 

the strategies; 

ø(E) contain evidence of coordination with existing resources; 

ø(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 

ø(G) describe how the activities to be assisted conform 

with research knowledge about school dropout prevention 

and reentry. 

ø(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)— 

ø(A) an assurance that the local educational agency is 

committed to providing ongoing operational support for 


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such schools to address the problem of school dropouts for 

a period of 5 years; and 

ø(B) an assurance that the local educational agency will 

support the plan, including— 

ø(i) provision of release time for teacher training; 

ø(ii) efforts to coordinate activities for secondary 

schools and the middle schools that feed students into 

those secondary schools; and 

ø(iii) encouraging other schools served by the local 

educational agency to participate in the plan. 

øSEC. 1824. STATE RESERVATION. 

øA 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. 

øSEC. 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— 

ø(1) specific strategies for targeted purposes, such as— 

ø(A) effective early intervention programs designed to 

identify at-risk students; 

ø(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 

ø(C) effective programs to identify and encourage youth 

who have already dropped out of school to reenter school 

and complete their secondary education; and 

ø(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. 

øSEC. 1826. SELECTION OF LOCAL EDUCATIONAL AGENCIES FOR SUBGRANTS. 

ø(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. 

ø(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)— 

ø(1) that is eligible to receive assistance under part A; and 

ø(2)(A) that serves students 50 percent or more of whom are 

low-income students; or 

ø(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. 


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øSEC. 1827. COMMUNITY BASED ORGANIZATIONS. 

øA 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. 

øSEC. 1828. TECHNICAL ASSISTANCE. 

øNotwithstanding 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. 

øSEC. 1829. SCHOOL DROPOUT RATE CALCULATION. 

øFor 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. 

øSEC. 1830. REPORTING AND ACCOUNTABILITY. 

ø(a) LOCAL EDUCATIONAL AGENCY REPORTS.— 

ø(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— 

ø(A) Secretary, if the local educational agency receives a 

grant under section 1822(a)(1); or 

ø(B) State educational agency, if the local educational 

agency receives a subgrant under paragraph (2) or (3) of 

section 1822(a). 

ø(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. 

ø(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. 

ø(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.¿ 

* * * * * * * 


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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 ELI- GIBLE PARTNERSHIPS.—There are authorized to be appropriated to 

carry out this part (other than øsubpart 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 øsubpart 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 9101ø, and are coordinated with activities 

carried out under part D¿; 

* * * * * * * 

Subpart 5—National Activities 

SEC. 2151. NATIONAL ACTIVITIES OF DEMONSTRATED EFFECTIVENESS. 

(a) * * * 

ø(b) SCHOOL LEADERSHIP.— 


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ø(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— 

ø(A) providing financial incentives to aspiring new principals; 

ø(B) providing stipends to principals who mentor new 

principals; 

ø(C) carrying out professional development programs in 

instructional leadership and management; and 

ø(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. 

ø(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— 

ø(A) high-need local educational agencies; 

ø(B) consortia of high-need local educational agencies; 

and 

ø(C) partnerships of high-need local educational agencies, nonprofit organizations, and institutions of higher 

education. 

ø(c) ADVANCED CERTIFICATION OR ADVANCED CREDENTIALING.— ø(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. 

ø(2) IMPLEMENTATION.—In carrying out paragraph (1), the 

Secretary shall make grants to eligible entities to— 

ø(A) develop teacher standards that include measures 

tied to increased student academic achievement; and 

ø(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. 

ø(3) ELIGIBLE ENTITIES.—In this subsection, the term ‘‘eligible entity’’ includes— 

ø(A) a State educational agency; 

ø(B) a local educational agency; 

ø(C) the National Board for Professional Teaching 

Standards, in partnership with a high-need local educational agency or a State educational agency; 

ø(D) the National Council on Teacher Quality, in partnership with a high-need local educational agency or a 

State educational agency; or 

ø(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. 


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ø(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. 

ø(e) EARLY CHILDHOOD EDUCATOR PROFESSIONAL DEVELOPMENT.— 

ø(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. 

ø(2) PROGRAM AUTHORIZED.— 

ø(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— 

ø(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 

ø(II) another public or private entity that provides 

such professional development; 

ø(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 

ø(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. 

ø(B) DURATION AND NUMBER OF GRANTS.— 

ø(i) DURATION.—The Secretary shall award grants 

under this subsection for periods of not more than 4 

years. 

ø(ii) NUMBER.—No partnership may receive more 

than one grant under this subsection. 

ø(3) APPLICATIONS.— 

ø(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. 

ø(B) CONTENTS.—Each such application shall include— 

ø(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; 


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ø(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; 

ø(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; 

ø(iv) a description of how the proposed project will 

be carried out, including a description of— 

ø(I) how individuals will be selected to participate; 

ø(II) the types of professional development activities, based on scientifically based research, 

that will be carried out; 

ø(III) how research on effective professional development and on adult learning will be used to 

design and deliver project activities; 

ø(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; 

ø(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; 

ø(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 

ø(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; 

ø(v) a description of— 

ø(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 

ø(II) how the objectives and the measurement 

methods align with the achievement indicators established by the Secretary under paragraph (6)(A); 

ø(vi) a description of the partnership’s plan for continuing the activities carried out under the project 

after Federal funding ceases; 

ø(vii) an assurance that, where applicable, the 

project will provide appropriate professional developVerDate Mar 15 2010 21:32 Jun 15, 2011 Jkt 099006 PO 00000 Frm 00073 Fmt 6659 Sfmt 6602 E:\HR\OC\HR106.XXX HR106

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ment to volunteers working directly with young children, as well as to paid staff; and 

ø(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. 

ø(4) SELECTION OF GRANT RECIPIENTS.— ø(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). 

ø(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. 

ø(5) USES OF FUNDS.— ø(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. 

ø(B) ALLOWABLE ACTIVITIES.—Such activities may include— 

ø(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; 

ø(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; 

ø(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; 

ø(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; 

ø(v) activities that assist and support early childhood educators during their first 3 years in the field; 

ø(vi) development and implementation of early 

childhood educator professional development programs 

that make use of distance learning and other technologies; 


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ø(vii) professional development activities related to 

the selection and use of screening and diagnostic assessments to improve teaching and learning; and 

ø(viii) data collection, evaluation, and reporting 

needed to meet the requirements of paragraph (6) relating to accountability. 

ø(6) ACCOUNTABILITY.— 

ø(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— 

ø(i) to measure the quality and accessibility of the 

professional development provided; 

ø(ii) to measure the impact of that professional development on the early childhood education provided 

by the individuals who receive the professional development; and 

ø(iii) to provide such other measures of program impact as the Secretary determines to be appropriate. 

ø(B) ANNUAL REPORTS; TERMINATION.— 

ø(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. 

ø(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. 

ø(7) COST-SHARING.— 

ø(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— 

ø(i) at least 50 percent of the total cost of the project 

for the grant period; and 

ø(ii) at least 20 percent of the project cost for each 

year. 

ø(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. 

ø(C) WAIVERS.—The Secretary may waive or modify the 

requirements of subparagraph (A) for partnerships in 

cases of demonstrated financial hardship. 

ø(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. 

ø(9) DEFINITIONS.—In this subsection: 


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ø(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. 

ø(B) HIGH-NEED COMMUNITY.— ø(i) IN GENERAL.—The term ‘‘high-need community’’ 

means— 

ø(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 lowincome families; or 

ø(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. 

ø(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. 

ø(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. 

ø(f) TEACHER MOBILITY.— ø(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’’). 

ø(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. 

ø(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. 

ø(4) DUTIES.— 

ø(A) STUDY.— 

ø(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. 

ø(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— 


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ø(I) teacher supply and demand; 

ø(II) the development of recruitment and hiring 

strategies that support teachers; and 

ø(III) increasing reciprocity of certification and 

licensing across States. 

ø(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. 

ø(5) POWERS.— 

ø(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. 

ø(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. 

ø(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. 

ø(6) PERSONNEL.— 

ø(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. 

ø(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. 

ø(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 

* * * * * * * 


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øSubpart 2—National Writing Project 

øSEC. 2331. PURPOSES. 

øThe purposes of this subpart are— 

ø(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; 

ø(2) to ensure the consistent high quality of the sites through 

ongoing review, evaluation, and technical assistance; 

ø(3) to support and promote the establishment of programs 

to disseminate effective practices and research findings about 

the teaching of writing; and 

ø(4) to coordinate activities assisted under this subpart with 

activities assisted under this Act. 

øSEC. 2332. NATIONAL WRITING PROJECT. 

ø(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. 

ø(b) REQUIREMENTS OF GRANT.—The grant shall provide that— 

ø(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; 

ø(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 

ø(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. 

ø(c) TEACHER TRAINING PROGRAMS.—The teacher training programs authorized in subsection (a) shall— 

ø(1) be conducted during the school year and during the 

summer months; 

ø(2) train teachers who teach grades kindergarten through 

college; 

ø(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 

ø(4) encourage teachers from all disciplines to participate in 

such teacher training programs. 

ø(d) FEDERAL SHARE.— 


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ø(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. 

ø(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. 

ø(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. 

ø(e) NATIONAL ADVISORY BOARD.— 

ø(1) ESTABLISHMENT.—The National Writing Project shall establish and operate a National Advisory Board. 

ø(2) COMPOSITION.—The National Advisory Board established pursuant to paragraph (1) shall consist of— 

ø(A) national educational leaders; 

ø(B) leaders in the field of writing; and 

ø(C) such other individuals as the National Writing 

Project determines necessary. 

ø(3) DUTIES.—The National Advisory Board established pursuant to paragraph (1) shall— 

ø(A) advise the National Writing Project on national 

issues related to student writing and the teaching of writing; 

ø(B) review the activities and programs of the National 

Writing Project; and 

ø(C) support the continued development of the National 

Writing Project. 

ø(f) EVALUATION.— 

ø(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. 

ø(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). 

ø(g) APPLICATION REVIEW.— 

ø(1) REVIEW BOARD.—The National Writing Project shall establish and operate a National Review Board that shall consist 

of— 

ø(A) leaders in the field of research in writing; and 

ø(B) such other individuals as the National Writing 

Project deems necessary. 

ø(2) DUTIES.—The National Review Board shall— 


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ø(A) review all applications for assistance under this 

subsection; and 

ø(B) recommend applications for assistance under this 

subsection for funding by the National Writing Project. 

ø(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.¿ 

* * * * * * * 

øSubpart 4—Teaching of Traditional American 

History 

øSEC. 2351. ESTABLISHMENT OF PROGRAM. 

ø(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— 

ø(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 

ø(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— 

ø(A) to improve the quality of instruction; and 

ø(B) to provide professional development and teacher 

education activities with respect to American history. 

ø(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: 

ø(1) An institution of higher education. 

ø(2) A nonprofit history or humanities organization. 

ø(3) A library or museum. 

ø(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. 

øSEC. 2352. AUTHORIZATION OF APPROPRIATIONS. 

øThere 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.¿ 

* * * * * * * 

øPART D—ENHANCING EDUCATION THROUGH 

TECHNOLOGY 

øSEC. 2401. SHORT TITLE. 

øThis part may be cited as the ‘‘Enhancing Education Through 

Technology Act of 2001’’. 


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øSEC. 2402. PURPOSES AND GOALS. 

ø(a) PURPOSES.—The purposes of this part are the following: 

ø(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. 

ø(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. 

ø(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. 

ø(4) To promote initiatives that provide school teachers, principals, and administrators with the capacity to integrate technology effectively into curricula and instruction that are 

aligned with challenging State academic content and student 

academic achievement standards, through such means as highquality professional development programs. 

ø(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. 

ø(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. 

ø(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. 

ø(8) To support local efforts using technology to promote parent and family involvement in education and communication 

among students, parents, teachers, principals, and administrators. 

ø(b) GOALS.— ø(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. 

ø(2) ADDITIONAL GOALS.—The additional goals of this part 

are the following: 

ø(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. 

ø(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 


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practices by State educational agencies and local educational agencies. 

øSEC. 2403. DEFINITIONS. 

In this part: 

ø(1) ELIGIBLE LOCAL ENTITY.—The term ‘‘eligible local entity’’ 

means— 

ø(A) a high-need local educational agency; or 

ø(B) an eligible local partnership. 

ø(2) ELIGIBLE LOCAL PARTNERSHIP.—The term ‘‘eligible local 

partnership’’ means a partnership that— 

ø(A) shall include at least one high-need local educational agency and at least one— 

ø(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— 

ø(I) classroom instruction in the core academic 

subjects; and 

ø(II) the preparation of students to meet challenging State academic content and student academic achievement standards; 

ø(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; 

ø(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 

ø(iv) public or private nonprofit organization with 

demonstrated experience in the application of educational technology to instruction; and 

ø(B) may include other local educational agencies, educational service agencies, libraries, or other educational entities appropriate to provide local programs. 

ø(3) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term 

‘‘high-need local educational agency’’ means a local educational 

agency that— 

ø(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 

ø(B)(i) operates one or more schools identified under section 1116; or 

ø(ii) has a substantial need for assistance in acquiring 

and using technology. 

øSEC. 2404. AUTHORIZATION OF APPROPRIATIONS. 

ø(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. 


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ø(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— 

ø(1) not less than 98 percent is made available to carry out 

subpart 1; and 

ø(2) not more than 2 percent is made available to carry out 

subpart 2. 

ø(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). 

ø(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. 

øSubpart 1—State and Local Technology Grants 

øSEC. 2411. ALLOTMENT AND REALLOTMENT. 

ø(a) RESERVATIONS AND ALLOTMENT.—From the amount made 

available to carry out this subpart under section 2404(b)(1) for a 

fiscal year— 

ø(1) the Secretary shall reserve— 

ø(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; 

ø(B) one-half of 1 percent to provide assistance under 

this subpart to the outlying areas; and 

ø(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 

ø(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. 

ø(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. 

ø(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. 


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ø(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. 

øSEC. 2412. USE OF ALLOTMENT BY STATE. 

ø(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— 

ø(1) the State educational agency may use not more than 5 

percent to carry out activities under section 2415; and 

ø(2) the State educational agency shall distribute the remainder as follows: 

ø(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. 

ø(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. 

ø(b) SUFFICIENT AMOUNTS.— 

ø(1) SPECIAL RULE.—In awarding a subgrant under subsection (a)(2)(B), the State educational agency shall— 

ø(A) determine the local educational agencies that— 

ø(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 

ø(ii) are eligible local entities; 

ø(B) give priority to applications submitted by eligible 

local educational agencies described in subparagraph (A); 

and 

ø(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. 

ø(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. 

ø(3) DISTRIBUTION.—In awarding subgrants under subsection 

(a)(2)(B), each State educational agency shall ensure an equitable distribution of assistance under this subpart among 

urban and rural areas of the State, according to the demonstrated need of those local educational agencies serving the 

areas. 


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ø(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. 

ø(d) TECHNICAL ASSISTANCE.—Each State educational agency receiving a grant under section 2411(a) shall— 

ø(1) identify the local educational agencies served by the 

State educational agency that— 

ø(A) have the highest numbers or percentages of children from families with incomes below the poverty line; 

and 

ø(B) demonstrate to such State educational agency the 

greatest need for technical assistance in developing an application under section 2414; and 

ø(2) offer the technical assistance described in paragraph 

(1)(B) to those local educational agencies. 

øSEC. 2413. STATE APPLICATIONS. 

ø(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. 

ø(b) CONTENTS.—Each State application submitted under subsection (a) shall include each of the following: 

ø(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. 

ø(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. 

ø(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. 

ø(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. 

ø(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. 

ø(6) An assurance that financial assistance provided under 

this subpart will supplement, and not supplant, State and local 

funds. 


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ø(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. 

ø(8) A description of— 

ø(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 

ø(B) the capacity of the State educational agency to provide such assistance. 

ø(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. 

ø(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. 

ø(11) A description of the State’s strategies for using technology to increase parental involvement. 

ø(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. 

ø(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. 

ø(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. 

ø(15) A description of how public and private entities will 

participate in the implementation and support of the plan. 

ø(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. 

ø(d) DISAPPROVAL.—The Secretary shall not finally disapprove 

the application, except after giving the State educational agency 

notice and an opportunity for a hearing. 

ø(e) NOTIFICATION.—If the Secretary finds that the application is 

not in compliance, in whole or in part, with this part, the Secretary 

shall— 

ø(1) give the State educational agency notice and an opportunity for a hearing; and 

ø(2) notify the State educational agency of the finding of noncompliance and, in such notification, shall— 


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ø(A) cite the specific provisions in the application that 

are not in compliance; and 

ø(B) request additional information, only as to the noncompliant provisions, needed to make the application compliant. 

ø(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— 

ø(1) the expiration of the 45-day period beginning on the 

date on which the application is resubmitted; or 

ø(2) the expiration of the 120-day period described in subsection (c). 

ø(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. 

øSEC. 2414. LOCAL APPLICATIONS. 

ø(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. 

ø(b) CONTENTS.—The application shall include each of the following: 

ø(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. 

ø(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. 

ø(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— 

ø(A) students in high-poverty and high-needs schools, or 

schools identified under section 1116, have access to technology; and 

ø(B) teachers are prepared to integrate technology effectively into curricula and instruction. 

ø(4) A description of how the applicant will— 


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ø(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 

ø(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. 

ø(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. 

ø(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. 

ø(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. 

ø(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. 

ø(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. 

ø(10) A description of how programs will be developed, where 

applicable, in collaboration with adult literacy service providers, to maximize the use of technology. 

ø(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. 

ø(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. 

ø(c) COMBINED APPLICATIONS.—A local educational agency that is 

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cational 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). 

ø(d) SPECIAL RULE.— 

ø(1) CONSORTIUM APPLICATIONS.— 

ø(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. 

ø(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. 

ø(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. 

øSEC. 2415. STATE ACTIVITIES. 

øFrom 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: 

ø(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. 

ø(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. 

ø(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— 

ø(A) access data and resources to develop curricula and 

instructional materials; 

ø(B) enable teachers— 

ø(i) to use the Internet and other technology to communicate with parents, other teachers, principals, and 

administrators; and 


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ø(ii) to retrieve Internet-based learning resources; 

and 

ø(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. 

ø(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. 

ø(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. 

ø(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. 

øSEC. 2416. LOCAL ACTIVITIES. 

ø(a) PROFESSIONAL DEVELOPMENT.— 

ø(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— 

ø(A) to access data and resources to develop curricula 

and instructional materials; 

ø(B) to enable teachers— 

ø(i) to use the Internet and other technology to communicate with parents, other teachers, principals, and 

administrators; and 

ø(ii) to retrieve Internet-based learning resources; 

and 

ø(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. 

ø(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 

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nologies, including emerging technologies, into curricula and 

instruction. 

ø(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: 

ø(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. 

ø(2) Adapting or expanding existing and new applications of 

technology to enable teachers to increase student academic 

achievement, including technology literacy— 

ø(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 

ø(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. 

ø(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. 

ø(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. 

ø(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. 

ø(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. 

ø(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. 

ø(8) Using technology to collect, manage, and analyze data to 

inform and enhance teaching and school improvement efforts. 

ø(9) Implementing performance measurement systems to determine the effectiveness of education technology programs 

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tent 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. 

ø(10) Developing, enhancing, or implementing information 

technology courses. 

øSubpart 2—National Technology Activities 

øSEC. 2421. NATIONAL ACTIVITIES. 

ø(a) STUDY.—Using funds made available under section 

2404(b)(2), the Secretary— 

ø(1) shall conduct an independent, long-term study, utilizing 

scientifically based research methods and control groups or 

control conditions— 

ø(A) on the conditions and practices under which educational technology is effective in increasing student academic achievement; and 

ø(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; 

ø(2) shall establish an independent review panel to advise 

the Secretary on methodological and other issues that arise in 

conducting the long-term study; 

ø(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 

ø(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. 

ø(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. 

ø(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. 

øSEC. 2422. NATIONAL EDUCATION TECHNOLOGY PLAN. 

ø(a) IN GENERAL.—Based on the Nation’s progress and an assessment by the Secretary of the continuing and future needs of the 

Nation’s schools in effectively using technology to provide all students the opportunity to meet challenging State academic content 

and student academic achievement standards, the Secretary shall 


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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. 

ø(b) CONTENTS.—The plan referred to in subsection (a) shall include each of the following: 

ø(1) A description of the manner in which the Secretary will 

promote— 

ø(A) higher student academic achievement through the 

integration of advanced technologies, including emerging 

technologies, into curricula and instruction; 

ø(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 

ø(C) the use of technology to assist in the implementation of State systemic reform strategies. 

ø(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. 

øSubpart 3—Ready-to-Learn Television 

øSEC. 2431. READY-TO-LEARN TELEVISION. 

ø(a) PROGRAM AUTHORIZED.— ø(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— 

ø(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; 

ø(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; 

ø(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; 

ø(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 

ø(E) to develop and disseminate education and training 

materials, including interactive programs and programs 

adaptable to distance learning technologies, that are designed— 


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ø(i) to promote school readiness; and 

ø(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 afterschool program personnel caring for preschool and elementary school children. 

ø(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. 

ø(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: 

ø(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. 

ø(B) A capacity to contract with the producers of children’s television programming for the purpose of developing educational television programming of high quality. 

ø(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. 

ø(D) A capacity to localize programming and materials 

to meet specific State and local needs and to provide educational outreach at the local level. 

ø(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— 

ø(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 

ø(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. 

ø(b) APPLICATIONS.—To be eligible to receive a grant, contract, or 

cooperative agreement under subsection (a), an entity shall submit 


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to the Secretary an application at such time, in such manner, and 

containing such information as the Secretary may reasonably require. 

ø(c) REPORTS AND EVALUATIONS.— 

ø(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: 

ø(A) The programming that has been developed, directly 

or indirectly, by the eligible entity, and the target population of the programs developed. 

ø(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. 

ø(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. 

ø(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. 

ø(2) REPORT TO CONGRESS.—The Secretary shall prepare and 

submit to the relevant committees of Congress a biannual report that includes the following: 

ø(A) A summary of the activities assisted under subsection (a). 

ø(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. 

ø(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. 

ø(e) AUTHORIZATION OF APPROPRIATIONS.— 

ø(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. 

ø(2) FUNDING RULE.—Not less than 60 percent of the amount 

appropriated under paragraph (1) for each fiscal year shall be 

used to carry out activities under subparagraphs (B) through 

(D) of subsection (a)(1). 


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øSubpart 4—Limitation on Availability of Certain 

Funds for Schools 

øSEC. 2441. INTERNET SAFETY. 

ø(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— 

ø(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— 

ø(i) obscene; 

ø(ii) child pornography; or 

ø(iii) harmful to minors; and 

ø(B) is enforcing the operation of such technology protection 

measure during any use of such computers by minors; and 

ø(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— 

ø(i) obscene; or 

ø(ii) child pornography; and 

ø(B) is enforcing the operation of such technology protection 

measure during any use of such computers. 

ø(b) TIMING AND APPLICABILITY OF IMPLEMENTATION.— ø(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. 

ø(2) PROCESS.— ø(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. 

ø(B) SCHOOLS WITHOUT INTERNET SAFETY POLICIES AND

TECHNOLOGY PROTECTION MEASURES IN PLACE.— ø(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)— 

ø(I) for the first program year after December 

21, 2000, in which the local educational agency is 


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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 

ø(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. 

ø(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. 

ø(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. 

ø(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. 

ø(d) NONCOMPLIANCE.— ø(1) USE OF GENERAL EDUCATION PROVISIONS ACT REM- EDIES.—Whenever the Secretary has reason to believe that any 

recipient of funds under this part is failing to comply substantially with the requirements of this section, the Secretary 

may— 

ø(A) withhold further payments to the recipient under 

this part; 

ø(B) issue a complaint to compel compliance of the recipient through a cease and desist order; or 

ø(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. 

ø(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 


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a provision of this section, and the Secretary shall not seek a 

recovery of funds from the recipient for such failure. 

ø(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. 

ø(e) DEFINITIONS.—In this subpart: 

ø(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. 

ø(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. 

ø(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— 

ø(A) to purchase, lease, or otherwise acquire or obtain 

the use of such computer; or 

ø(B) to obtain services, supplies, software, or other actions or materials to support, or in connection with, the operation of such computer. 

ø(4) MINOR.—The term ‘‘minor’’ means an individual who 

has not attained the age of 17. 

ø(5) CHILD PORNOGRAPHY.—The term ‘‘child pornography’’ 

has the meaning given that term in section 2256 of title 18, 

United States Code. 

ø(6) HARMFUL TO MINORS.—The term ‘‘harmful to minors’’ 

means any picture, image, graphic image file, or other visual 

depiction that— 

ø(A) taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion; 

ø(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 

ø(C) taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors. 

ø(7) OBSCENE.—The term ‘‘obscene’’ has the meaning applicable to that term under section 1460 of title 18, United States 

Code. 

ø(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. 

ø(f) SEVERABILITY.—If any provision of this section is held invalid, the remainder of this section shall not be affected thereby.¿ 


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TITLE III—LANGUAGE INSTRUCTION 

FOR LIMITED ENGLISH PROFICIENT 

AND IMMIGRANT STUDENTS 

SEC. 3001. AUTHORIZATIONS OF APPROPRIATIONS; CONDITION ON EFFECTIVENESS OF PARTS. 

ø(a) AUTHORIZATIONS OF APPROPRIATIONS.—¿ 

ø(1) IN GENERAL.—Subject¿ (a) AUTHORIZATION OF APPROPRIATION.—Subject to subsection (b), there are authorized to be 

appropriated to carry out this titleø, 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. 

ø(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.¿ 

ø(b) CONDITIONS ON EFFECTIVENESS OF PARTS A AND B.—¿ 

ø(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 øparagraphs (1) and (2) of¿ 

subsection (a) equals or exceeds $650,000,000. 

ø(2) PART B.—Part B shall be in effect only for a fiscal year 

for which part A is not in effect.¿ 

ø(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.¿ 

* * * * * * * 

øPART B—IMPROVING LANGUAGE 

INSTRUCTION EDUCATIONAL PROGRAMS 

øSEC. 3201. SHORT TITLE. 

øThis part may be cited as the ‘‘Improving Language Instruction 

Educational Programs For Academic Achievement Act’’. 

øSEC. 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— 

ø(1) promoting systemic improvement and reform of, and developing accountability systems for, educational programs serving limited English proficient children; 

ø(2) developing language skills and multicultural understanding; 

ø(3) developing the English proficiency of limited English 

proficient children and, to the extent possible, the native language skills of such children; 


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ø(4) providing similar assistance to Native Americans with 

certain modifications relative to the unique status of Native 

American languages under Federal law; 

ø(5) developing data collection and dissemination, research, 

materials, and technical assistance that are focused on school 

improvement for limited English proficient children; and 

ø(6) developing programs that strengthen and improve the 

professional training of educational personnel who work with 

limited English proficient children. 

øSEC. 3203. NATIVE AMERICAN CHILDREN IN SCHOOL. 

ø(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. 

ø(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. 

øSEC. 3204. RESIDENTS OF THE TERRITORIES AND FREELY ASSOCIATED STATES. 

øFor 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. 

øSubpart 1—Program Development and 

Enhancement 

øSEC. 3211. FINANCIAL ASSISTANCE FOR LANGUAGE INSTRUCTION 

EDUCATIONAL PROGRAMS. 

øThe 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— 

ø(1) to develop and enhance their capacity to provide highquality instruction through language instruction educational 

programs or special alternative instruction programs to limited 

English proficient children; and 

ø(2) to help such children— 

ø(A) develop English proficiency and, to the extent possible, proficiency in their native language; and 

ø(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). 

øSEC. 3212. PROGRAM ENHANCEMENT ACTIVITIES. 

ø(a) PROGRAM AUTHORIZED.— 

ø(1) AUTHORITY.— 


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ø(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. 

ø(B) PERIOD.—Each grant awarded under this section 

shall be awarded for a period of 3 years. 

ø(2) AUTHORIZED ACTIVITIES.— 

ø(A) MANDATORY ACTIVITIES.—Grants awarded under 

this section shall be used for— 

ø(i) developing, implementing, expanding, or enhancing comprehensive preschool, elementary, or secondary education programs for limited English proficient children, that are— 

ø(I) aligned with State and local academic content and student academic achievement standards, and local school reform efforts; and 

ø(II) coordinated with related academic services 

for children; 

ø(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 

ø(iii) annually assessing the English proficiency of 

all limited English proficient children served by activities carried out under this section. 

ø(B) PERMISSIBLE ACTIVITIES.—Grants awarded under 

this section may be used for— 

ø(i) implementing programs to upgrade the reading 

and other academic skills of limited English proficient 

children; 

ø(ii) developing accountability systems to monitor 

the academic progress of limited English proficient 

and formerly limited English proficient children; 

ø(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; 

ø(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; 

ø(v) providing intensified instruction, including tutorials and academic, or vocational and technical, training, for limited English proficient children; 

ø(vi) adapting best practice models for meeting the 

needs of limited English proficient children; 

ø(vii) assisting limited English proficient children 

with disabilities; 


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ø(viii) implementing applied learning activities such 

as service learning to enhance and support comprehensive elementary and secondary language instruction educational programs; 

ø(ix) acquiring or developing education technology or 

instruction materials for limited English proficient 

children, including materials in languages other than 

English; 

ø(x) participating in electronic networks for materials, training, and communication, and incorporating 

information derived from such participation in curricula and programs; and 

ø(xi) carrying out such other activities related to the 

purpose of this part as the Secretary may approve. 

ø(b) PRIORITY.—In awarding grants under this section, the Secretary may give priority to an entity that— 

ø(1) serves a school district— 

ø(A) that has a total district enrollment that is less than 

10,000 students; or 

ø(B) with a large percentage or number of limited 

English proficient children; and 

ø(2) has limited or no experience in serving limited English 

proficient children. 

ø(c) ELIGIBLE ENTITY.—In this section, the term ‘‘eligible entity’’ 

means— 

ø(1) one or more local educational agencies; 

ø(2) one or more local educational agencies in collaboration 

with an institution of higher education, community-based organization, or State educational agency; or 

ø(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. 

øSEC. 3213. COMPREHENSIVE SCHOOL AND SYSTEMWIDE IMPROVEMENT ACTIVITIES. 

ø(a) PROGRAM AUTHORIZED.— 

ø(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. 

ø(2) MANDATORY ACTIVITIES.—Grants awarded under this 

section shall be used for— 

ø(A) improving instruction programs for limited English 

proficient children by acquiring and upgrading curricula 

and related instruction materials; 

ø(B) aligning the activities carried out under this section 

with State and local school reform efforts; 

ø(C) providing training, aligned with State and local 

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nity-based organization personnel to improve the instruction and assessment of limited English proficient children; 

ø(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; 

ø(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; 

ø(F) coordinating the activities carried out under this 

section with other programs, such as programs carried out 

under this title; 

ø(G) providing services to meet the full range of the educational needs of limited English proficient children; 

ø(H) annually assessing the English proficiency of all 

limited English proficient children served by the activities 

carried out under this section; and 

ø(I) developing or improving accountability systems to 

monitor the academic progress of limited English proficient 

children. 

ø(3) PERMISSIBLE ACTIVITIES.—Grants awarded under this 

section may be used for— 

ø(A) implementing programs to upgrade reading and 

other academic skills of limited English proficient children; 

ø(B) developing and using educational technology to improve learning, assessments, and accountability to meet 

the needs of limited English proficient children; 

ø(C) implementing scientifically based research programs to meet the needs of limited English proficient children; 

ø(D) providing tutorials and academic, or vocational and 

technical, training for limited English proficient children; 

ø(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; 

ø(F) developing and implementing programs for limited 

English proficient children to meet the needs of changing 

populations of such children; 

ø(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); 

ø(H) assisting limited English proficient children with 

disabilities; 

ø(I) developing and implementing programs to help children become proficient in English and other languages; 

ø(J) acquiring or developing education technology or instruction materials for limited English proficient children, 

including materials in languages other than English; 

ø(K) participating in electronic networks for materials, 

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tion derived from such participation in curricula and programs; and 

ø(L) carrying out such other activities related to the purpose of this part as the Secretary may approve. 

ø(4) SPECIAL RULE.— 

ø(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. 

ø(B) COMMENCEMENT OF ACTIVITIES.—The recipient shall 

commence carrying out activities under this section not 

later than the later of— 

ø(i) the beginning of the first school year that begins 

after the grant is received; or 

ø(ii) 30 days after the date of receipt of the grant. 

ø(b) AVAILABILITY OF APPROPRIATIONS.— 

ø(1) RESERVATION OF FUNDS FOR CONTINUED PAYMENTS.— 

ø(A) COVERED GRANT.—In this paragraph, the term ‘‘covered grant’’ means a grant— 

ø(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 

ø(ii) for which the grant period has not ended. 

ø(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. 

ø(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). 

ø(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)— 

ø(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 

ø(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. 

ø(c) PRIORITY.—In awarding grants under this section, the Secretary shall give priority to an applicant that— 

ø(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; 


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ø(2) is a local educational agency that serves a school district 

that has a total district enrollment that is less than 10,000 students; 

ø(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 

ø(4) serves a school district with a large number or percentage of limited English proficient children. 

ø(d) ELIGIBLE ENTITIES.—In this section, the term ‘‘eligible entity’’ means— 

ø(1) one or more local educational agencies; or 

ø(2) one or more local educational agencies, in collaboration 

with an institution of higher education, community-based organization, or State educational agency. 

øSEC. 3214. APPLICATIONS. 

ø(a) IN GENERAL.— ø(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. 

ø(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. 

ø(b) STATE REVIEW AND COMMENTS.— ø(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. 

ø(2) COMMENTS.— ø(A) SUBMISSION OF COMMENTS.—Regarding applications 

submitted under this subpart, the State educational agency shall— 

ø(i) submit to the Secretary written comments regarding all such applications; and 

ø(ii) submit to each eligible entity the comments 

that pertain to such entity. 

ø(B) SUBJECT.—For purposes of this subpart, such comments shall address— 

ø(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 

ø(ii) how the grant application is consistent with the 

State plan required under section 1111. 

ø(c) ELIGIBLE ENTITY COMMENTS.—An eligible entity may submit 

to the Secretary comments that address the comments submitted 

by the State educational agency. 

ø(d) COMMENT CONSIDERATION.—In making grants under this 

subpart, the Secretary shall take into consideration comments 

made by State educational agencies. 

ø(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 

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ments 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. 

ø(f) REQUIRED DOCUMENTATION.—Such application shall include 

documentation that— 

ø(1) the applicant has the qualified personnel required to develop, administer, and implement the program proposed in the 

application; and 

ø(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. 

ø(g) CONTENTS.— ø(1) IN GENERAL.—An application for a grant under this subpart shall contain the following: 

ø(A) A description of the need for the proposed program, 

including— 

ø(i) data on the number of limited English proficient 

children in the school or school district to be served; 

ø(ii) information on the characteristics of the children, including— 

ø(I) the native languages of the children; 

ø(II) the proficiency of the children in English 

and their native language; 

ø(III) achievement data (current as of the date 

of submission of the application) for the limited 

English proficient children in— 

ø(aa) reading or language arts (in English 

and in the native language, if applicable); and 

ø(bb) mathematics; 

ø(IV) a comparison of that data for the children 

with that data for the English proficient peers of 

the children; and 

ø(V) the previous schooling experiences of the 

children; 

ø(iii) the professional development needs of the instruction personnel who will provide services for the 

limited English proficient children under the proposed 

program; and 

ø(iv) how the services provided through the grant 

will supplement the basic services provided to limited 

English proficient children. 

ø(B) A description of the program to be implemented and 

how such program’s design— 

ø(i) relates to the linguistic and academic needs of 

the limited English proficient children to be served; 

ø(ii) will ensure that the services provided through 

the program will supplement the basic services the applicant provides to limited English proficient children; 

ø(iii) will ensure that the program is coordinated 

with other programs under this Act and other Acts; 

ø(iv) involves the parents of the limited English proficient children to be served; 

ø(v) ensures accountability in achieving high academic standards; and 


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ø(vi) promotes coordination of services for the limited English proficient children to be served and their 

families. 

ø(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. 

ø(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. 

ø(E) An assurance that the applicant will employ teachers in the proposed program who, individually or in combination, are proficient in— 

ø(i) English, with respect to written, as well as oral, 

communication skills; and 

ø(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. 

ø(F) A budget for the grant funds. 

ø(2) ADDITIONAL INFORMATION.—Each application for a grant 

under section 3213 shall— 

ø(A) describe— 

ø(i) current services (as of the date of submission of 

the application) the applicant provides to limited 

English proficient children; 

ø(ii) what services limited English proficient children will receive under the grant that such children 

will not otherwise receive; 

ø(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; 

ø(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 

ø(v) the current family education programs (as of 

the date of submission of the application) of the eligible entity, if applicable; and 

ø(B) provide assurances that— 

ø(i) the program funded with the grant will be integrated with the overall educational program of the 

children served through the proposed program; and 

ø(ii) the application has been developed in consultation with parents and other representatives of the children to be served in such program. 

ø(h) APPROVAL OF APPLICATIONS.—An application for a grant 

under this subpart may be approved only if the Secretary determines that— 


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ø(1) the program proposed in the application will use qualified personnel, including personnel who are proficient in the 

language or languages used for instruction; 

ø(2) in designing the program, the eligible entity has, after 

consultation with appropriate private school officials— 

ø(A) taken into account the needs of children in nonprofit private elementary schools and secondary schools; 

and 

ø(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; 

ø(3)(A) student evaluation and assessment procedures in the 

program are valid and reliable for limited English proficient 

children; and 

ø(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; 

ø(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— 

ø(A) for activities carried out under an order of a Federal or State court respecting services to be provided to 

such children; or 

ø(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; 

ø(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 

ø(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 

ø(6) the eligible entity will use State and national dissemination sources for program design and dissemination of results 

and products. 

ø(i) CONSIDERATION.—In determining whether to approve an application under this subpart, the Secretary shall give consideration 

to— 

ø(1) the degree to which the program for which assistance is 

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er education, community-based organizations, the appropriate 

local educational agency and State educational agency, or businesses; and 

ø(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. 

øSEC. 3215. CAPACITY BUILDING. 

øEach 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. 

øSEC. 3216. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO. 

øNotwithstanding 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. 

øSEC. 3217. EVALUATIONS. 

ø(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. 

ø(b) USE OF EVALUATION.—Such evaluation shall be used by the 

grant recipient— 

ø(1) for program improvement; 

ø(2) to further define the program’s goals and objectives; and 

ø(3) to determine program effectiveness. 

ø(c) EVALUATION REPORT COMPONENTS.—In preparing the evaluation reports, the recipient shall— 

ø(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; 

ø(2) disaggregate the results of the evaluation by gender, native languages spoken by children, socioeconomic status, and 

whether the children have disabilities; 

ø(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— 

ø(A) reading and language arts; 

ø(B) English proficiency; 

ø(C) mathematics; and 


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ø(D) the native language of the children, if the program 

develops native language proficiency; 

ø(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 

ø(6) include such other information as the Secretary may require. 

øSEC. 3218. CONSTRUCTION. 

øNothing 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. 

øSubpart 2—Research, Evaluation, and 

Dissemination 

øSEC. 3221. AUTHORITY. 

ø(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. 

ø(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. 

ø(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. 

øSEC. 3222. RESEARCH. 

ø(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. 

ø(b) REQUIREMENTS.—Such research activities— 

ø(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; 

ø(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; 


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ø(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 

ø(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. 

ø(c) FIELD-INITIATED RESEARCH.— 

ø(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. 

ø(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. 

ø(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. 

ø(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. 

øSEC. 3223. ACADEMIC EXCELLENCE AWARDS. 

ø(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— 

ø(1) demonstrated significant progress in assisting limited 

English proficient children to learn English according to age 

appropriate and developmentally appropriate standards; and 

ø(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. 

ø(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). 


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øSEC. 3224. STATE GRANT PROGRAM. 

ø(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. 

ø(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. 

ø(c) USE OF FUNDS.— 

ø(1) IN GENERAL.—A State educational agency shall use 

funds awarded under this section— 

ø(A) to assist local educational agencies in the State 

with activities that— 

ø(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 

ø(ii) are aligned with State reform efforts; and 

ø(B) to collect data on the State’s limited English proficient populations and document the services available to 

all such populations. 

ø(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. 

ø(3) SPECIAL RULE.—Recipients of funds under this section 

shall not restrict the provision of services under this section to 

federally funded programs. 

ø(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. 

ø(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. 

ø(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. 

ø(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. 


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øSEC. 3225. INSTRUCTION MATERIALS DEVELOPMENT. 

ø(a) IN GENERAL.—The Secretary may make grants for the development, publication, and dissemination of high-quality instruction 

materials— 

ø(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 

ø(2) in other low-incidence languages in the United States 

for which instruction materials are not readily available. 

ø(b) PRIORITY.—In making the grants, the Secretary shall give 

priority to applicants for the grants who propose— 

ø(1) to develop instruction materials in languages indigenous 

to the United States or the outlying areas; and 

ø(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. 

øSubpart 3—Professional Development 

øSEC. 3231. PROFESSIONAL DEVELOPMENT GRANTS. 

ø(a) PURPOSE.—The purpose of this section is to provide assistance to prepare educators to improve educational services for limited English proficient children by— 

ø(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; 

ø(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; 

ø(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; 

ø(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 

ø(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. 

ø(b) AUTHORIZATION.— 

ø(1) IN GENERAL.—The Secretary is authorized to award 

grants under this section to— 

ø(A) State educational agencies; 

ø(B) local educational agencies; 

ø(C) institutions of higher education; or 


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ø(D) consortia of one or more local educational agencies, 

State educational agencies, institutions of higher education, for-profit organizations, or nonprofit organizations. 

ø(2) DURATION.—Each grant awarded under this section 

shall be awarded for a period of not more than 4 years. 

ø(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— 

ø(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; 

ø(2) implementing school-based collaborative efforts among 

teachers to improve instruction in core academic subjects, especially reading, for limited English proficient children; 

ø(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; 

ø(4) implementing programs that support effective teacher 

use of education technologies to improve instruction and assessment; 

ø(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; 

ø(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; 

ø(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; 

ø(8) developing and implementing activities to help recruit 

and train secondary school students as teachers who serve limited English proficient children; 

ø(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— 


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ø(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 

ø(B) repay such assistance; and 

ø(10) carrying out such other activities as are consistent with 

the purpose of this section. 

ø(d) APPLICATION.— ø(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. 

ø(2) CONTENTS.—Each application shall— 

ø(A) describe the programs and activities proposed to be 

developed, implemented, and administered under the 

award; 

ø(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 

ø(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. 

ø(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. 

ø(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. 

ø(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. 

ø(e) PRIORITIES IN AWARDING GRANTS.— 

ø(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 


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ensure such children attain English proficiency and meet challenging State academic content and student academic achievement standards. 

ø(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. 

ø(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— 

ø(1) the program or activity conducted by the recipient to 

provide high-quality professional development to participants 

in such program or activity; 

ø(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; 

ø(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 

ø(4) the teaching effectiveness of graduates of the program 

or activity or other participants who have completed the program or activity. 

øSubpart 4—Emergency Immigrant Education 

Program 

øSEC. 3241. PURPOSE. 

øThe purpose of this subpart is to assist eligible local educational 

agencies that experience unexpectedly large increases in their student population due to immigration— 

ø(1) to provide high-quality instruction to immigrant children and youth; and 

ø(2) to help such children and youth— 

ø(A) with their transition into American society; and 

ø(B) meet the same challenging State academic content 

and student academic achievement standards as all children are expected to meet. 

øSEC. 3242. STATE ADMINISTRATIVE COSTS. 

øFor 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. 

øSEC. 3243. WITHHOLDING. 

øWhenever the Secretary, after providing reasonable notice and 

opportunity for a hearing to any State educational agency, finds 


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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. 

øSEC. 3244. STATE ALLOTMENTS. 

ø(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. 

ø(b) ALLOTMENTS.— 

ø(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. 

ø(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— 

ø(A) 500; or 

ø(B) 3 percent of the total number of children enrolled 

in such public or nonpublic schools during such fiscal year, 

whichever is less. 

ø(c) DETERMINATIONS OF NUMBER OF CHILDREN AND YOUTH.— 

ø(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. 


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ø(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. 

ø(d) REALLOTMENT.— ø(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. 

ø(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. 

ø(e) RESERVATION OF FUNDS.— ø(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: 

ø(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. 

ø(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. 

ø(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. 

ø(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. 

øSEC. 3245. STATE APPLICATIONS. 

ø(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 manVerDate Mar 15 2010 21:32 Jun 15, 2011 Jkt 099006 PO 00000 Frm 00118 Fmt 6659 Sfmt 6602 E:\HR\OC\HR106.XXX HR106

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ner, and containing or accompanied by such information, as the 

Secretary may reasonably require. Each such application shall— 

ø(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; 

ø(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; 

ø(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; 

ø(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); 

ø(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; 

ø(6) provide for making such reports as the Secretary may 

reasonably require to perform the Secretary’s functions under 

this subpart; 

ø(7) provide assurances— 

ø(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; 

ø(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 

ø(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, 


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and the funds provided under this paragraph shall not be 

commingled with State or local funds; 

ø(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 

ø(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). 

ø(b) APPLICATION REVIEW.— 

ø(1) IN GENERAL.—The Secretary shall review all applications submitted pursuant to this section by State educational 

agencies. 

ø(2) APPROVAL.—The Secretary shall approve any application 

submitted by a State educational agency that meets the requirements of this section. 

ø(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. 

øSEC. 3246. ADMINISTRATIVE PROVISIONS. 

ø(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. 

ø(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. 

øSEC. 3247. USES OF FUNDS. 

ø(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— 

ø(1) family literacy, parent outreach, and training activities 

designed to assist parents to become active participants in the 

education of their children; 

ø(2) support of personnel, including teacher aides who have 

been specifically trained, or are being trained, to provide services to immigrant children and youth; 

ø(3) tutorials, mentoring, and academic or career counseling 

for immigrant children and youth; 


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ø(4) identification and acquisition of curricular materials, 

educational software, and technologies; 

ø(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 

ø(6) such other activities, related to the purpose of this subpart, as the Secretary may authorize. 

ø(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. 

ø(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. 

ø(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. 

øSEC. 3248. REPORTS. 

ø(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. 

ø(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. 

øSubpart 5—Administration 

øSEC. 3251. RELEASE TIME. 

øThe 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. 

øSEC. 3252. NOTIFICATION. 

øA 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. 

øSEC. 3253. COORDINATION AND REPORTING REQUIREMENTS. 

ø(a) COORDINATION WITH RELATED PROGRAMS.—In order to maximize Federal efforts aimed at serving the educational needs of chilVerDate Mar 15 2010 21:32 Jun 15, 2011 Jkt 099006 PO 00000 Frm 00121 Fmt 6659 Sfmt 6602 E:\HR\OC\HR106.XXX HR106

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dren 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. 

ø(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. 

ø(c) PUBLICATION OF PROPOSALS.—The Secretary shall publish 

and disseminate all requests for proposals for programs funded 

under this part. 

ø(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— 

ø(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; 

ø(2) containing a critical synthesis of data reported by States 

under section 3224, when applicable; 

ø(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; 

ø(4) containing the major findings of scientifically based research carried out under this part; and 

ø(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 

* * * * * * * 


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SEC. 4003. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be øappropriated— 

ø(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 

ø(2) such¿ appropriated such sums for fiscal year 2002, and 

for each of the 5 succeeding fiscal years, for national programs 

under subpart 2. 

øSubpart 1—State Grants 

øSEC. 4111. RESERVATIONS AND ALLOTMENTS. 

ø(a) RESERVATIONS.— 

ø(1) IN GENERAL.—From the amount made available under 

section 4003(1) to carry out this subpart for each fiscal year, 

the Secretary— 

ø(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; 

ø(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 

ø(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. 

ø(2) OTHER RESERVATIONS.—From the amount made available under section 4003(2) to carry out subpart 2 for each fiscal 

year, the Secretary— 

ø(A) may reserve not more than $2,000,000 for the national impact evaluation required by section 4122(a); 

ø(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). 

ø(b) STATE ALLOTMENTS.— 

ø(1) IN GENERAL.—Except as provided in paragraph (2), the 

Secretary shall, for each fiscal year, allot among the States— 

ø(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 

ø(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. 

ø(2) MINIMUM.—For any fiscal year, no State shall be allotted under this subsection an amount that is less than the 

greater of— 


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ø(A) one-half of 1 percent of the total amount allotted to 

all the States under this subsection; or 

ø(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. 

ø(3) REALLOTMENT.— ø(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. 

ø(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). 

ø(4) DEFINITION.—In this section the term ‘‘State’’ means 

each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. 

ø(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. 

øSEC. 4112. RESERVATION OF STATE FUNDS FOR SAFE AND DRUGFREE SCHOOLS. 

ø(a) STATE RESERVATION FOR THE CHIEF EXECUTIVE OFFICER OF

A STATE.— 

ø(1) IN GENERAL.—The chief executive officer of a State may 

reserve not more than 20 percent of the total amount allocated 

to a State under section 4111(b) for each fiscal year to award 

competitive grants and contracts to local educational agencies, 

community-based organizations (including community antidrug coalitions) other public entities and private organizations, 

and consortia thereof. Such grants and contracts shall be used 

to carry out the comprehensive State plan described in section 

4113(a) through programs or activities that complement and 

support activities of local educational agencies described in section 4115(b). Such officer shall award grants based on— 

ø(A) the quality of the program or activity proposed; and 

ø(B) how the program or activity meets the principles of 

effectiveness described in section 4115(a). 

ø(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— 

ø(A) children and youth who are not normally served by 

State educational agencies or local educational agencies; or 

ø(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). 


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ø(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. 

ø(4) PEER REVIEW.—Grants or contracts awarded under this 

section shall be subject to a peer review process. 

ø(5) USE OF FUNDS.—Grants and contracts under this section 

shall be used to implement drug and violence prevention activities, including— 

ø(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; 

ø(B) dissemination of information about drug and violence prevention; and 

ø(C) development and implementation of communitywide drug and violence prevention planning and organizing. 

ø(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. 

ø(b) IN STATE DISTRIBUTION.— ø(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. 

ø(2) STATE ADMINISTRATION COSTS.— ø(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). 

ø(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). 

ø(c) STATE ACTIVITIES.— ø(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. 


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ø(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— 

ø(A) shall meet the principles of effectiveness described 

in section 4115(a); 

ø(B) shall complement and support local uses of funds 

under section 4115(b); 

ø(C) shall be in accordance with the purposes of this 

part; and 

ø(D) may include, among others activities— 

ø(i) identification, development, evaluation, and dissemination of drug and violence prevention strategies, 

programs, activities, and other information; 

ø(ii) training, technical assistance, and demonstration projects to address violence that is associated 

with prejudice and intolerance; and 

ø(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. 

ø(3) UNIFORM MANAGEMENT INFORMATION AND REPORTING

SYSTEM.— 

ø(A) INFORMATION AND STATISTICS.—A State shall establish a uniform management information and reporting system. 

ø(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— 

ø(i) truancy rates; 

ø(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; 

ø(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 

ø(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. 

ø(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 


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reports by school officials, anonymous student surveys, and 

anonymous teacher surveys. 

ø(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. 

ø(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. 

øSEC. 4113. STATE APPLICATION. 

ø(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— 

ø(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; 

ø(2) describes how activities funded under this subpart will 

foster a safe and drug-free learning environment that supports 

academic achievement; 

ø(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; 

ø(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; 

ø(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; 

ø(6) provides an assurance that the State will cooperate 

with, and assist, the Secretary in conducting data collection as 

required by section 4122; 


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ø(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; 

ø(8) provides an assurance that funds under this subpart 

will be used to increase the level of State, local, and other nonFederal funds that would, in the absence of funds under this 

subpart, be made available for programs and activities authorized under this subpart, and in no case supplant such State, 

local, and other non-Federal funds; 

ø(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— 

ø(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; 

ø(B) the prevalence of risk factors, including high or increasing rates of reported cases of child abuse or domestic 

violence; 

ø(C) the prevalence of protective factors, buffers, or assets; and 

ø(D) other variables in the school and community identified through scientifically based research; 

ø(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— 

ø(A) performance indicators for drug and violence prevention programs and activities; and 

ø(B) levels of performance for each performance indicator; 

ø(11) describes the procedures the State will use for assessing and publicly reporting progress toward meeting the performance measures described in paragraph (10); 

ø(12) provides an assurance that the State application will 

be available for public review after submission of the application; 

ø(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; 

ø(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; 

ø(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; 


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ø(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; 

ø(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; 

ø(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 

ø(19) includes any other information the Secretary may require. 

ø(b) INTERIM APPLICATION.— ø(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. 

ø(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. 

ø(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). 

ø(c) APPROVAL PROCESS.— ø(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. 

ø(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. 

ø(3) NOTIFICATION.—If the Secretary finds that the application is not in compliance, in whole or in part, with this subpart, the Secretary shall— 

ø(A) give the State educational agency and the chief executive officer of the State notice and an opportunity for a 

hearing; and 

ø(B) notify the State educational agency and the chief 

executive officer of the State of the finding of noncompliance, and in such notification, shall— 

ø(i) cite the specific provisions in the application 

that are not in compliance; and 

ø(ii) request additional information, only as to the 

noncompliant provisions, needed to make the application compliant. 


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ø(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— 

ø(A) the expiration of the 45-day period beginning on the 

date on which the application is resubmitted; or 

ø(B) the expiration of the 120-day period described in 

paragraph (1). 

ø(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. 

øSEC. 4114. LOCAL EDUCATIONAL AGENCY PROGRAM. 

ø(a) IN GENERAL.— 

ø(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: 

ø(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. 

ø(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. 

ø(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. 

ø(3) RETURN OF FUNDS TO STATE; REALLOCATION.— 

ø(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— 

ø(i) such agency shall return to the State educational agency any funds from such allocation that 

remain unobligated; and 

ø(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. 

ø(B) CARRYOVER.—In any fiscal year, a local educational 

agency, may retain for obligation in the succeeding fiscal 

year— 

ø(i) an amount equal to not more than 25 percent of 

the allocation it received under this subpart for such 

fiscal year; or 


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ø(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. 

ø(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. 

ø(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. 

ø(c) DEVELOPMENT.— 

ø(1) CONSULTATION.— 

ø(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). 

ø(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. 

ø(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). 

ø(d) CONTENTS OF APPLICATIONS.—An application submitted by a 

local educational agency under this section shall contain— 

ø(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; 

ø(2) a detailed explanation of the local educational agency’s 

comprehensive plan for drug and violence prevention, including 

a description of— 

ø(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; 


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ø(B) the local educational agency’s performance measures for drug and violence prevention programs and activities, that shall consist of— 

ø(i) performance indicators for drug and violence 

prevention programs and activities; including— 

ø(I) specific reductions in the prevalence of identified risk factors; and 

ø(II) specific increases in the prevalence of protective factors, buffers, or assets if any have been 

identified; and 

ø(ii) levels of performance for each performance indicator; 

ø(C) how such agency will assess and publicly report 

progress toward attaining its performance measures; 

ø(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 

ø(E) how the services will be targeted to schools and students with the greatest need; 

ø(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; 

ø(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; 

ø(5) a description of the mechanisms used to provide effective notice to the community of an intention to submit an application under this subpart; 

ø(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; 

ø(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— 

ø(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; 

ø(B) security procedures at school and while students 

are on the way to and from school; 

ø(C) prevention activities that are designed to create and 

maintain safe, disciplined, and drug-free environments; 

ø(D) a crisis management plan for responding to violent 

or traumatic incidents on school grounds; and 

ø(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— 


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ø(i) allows a teacher to communicate effectively with 

all students in the class; 

ø(ii) allows all students in the class to learn; 

ø(iii) has consequences that are fair, and developmentally appropriate; 

ø(iv) considers the student and the circumstances of 

the situation; and 

ø(v) is enforced accordingly; 

ø(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 

ø(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. 

ø(e) REVIEW OF APPLICATION.— 

ø(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. 

ø(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). 

ø(f) APPROVAL PROCESS.— 

ø(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. 

ø(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. 

ø(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— 

ø(A) give the local educational agency notice and an opportunity for a hearing; and 

ø(B) notify the local educational agency of the finding of 

noncompliance, and in such notification, shall— 

ø(i) cite the specific provisions in the application 

that are not in compliance; and 

ø(ii) request additional information, only as to the 

noncompliant provisions, needed to make the application compliant. 

ø(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— 


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ø(A) the expiration of the 45-day period beginning on the 

date on which the application is resubmitted; or 

ø(B) the expiration of the 120-day period described in 

paragraph (1). 

ø(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. 

øSEC. 4115. AUTHORIZED ACTIVITIES. 

ø(a) PRINCIPLES OF EFFECTIVENESS.— 

ø(1) IN GENERAL.—For a program or activity developed pursuant to this subpart to meet the principles of effectiveness, 

such program or activity shall— 

ø(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; 

ø(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; 

ø(C) be based on scientifically based research that provides evidence that the program to be used will reduce violence and illegal drug use; 

ø(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 

ø(E) include meaningful and ongoing consultation with 

and input from parents in the development of the application and administration of the program or activity. 

ø(2) PERIODIC EVALUATION.— 

ø(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). 

ø(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. 

ø(3) WAIVER.—A local educational agency may apply to the 

State for a waiver of the requirement of subsection (a)(1)(C) to 


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allow innovative activities or programs that demonstrate substantial likelihood of success. 

ø(b) LOCAL EDUCATIONAL AGENCY ACTIVITIES.— 

ø(1) PROGRAM REQUIREMENTS.—A local educational agency 

shall use funds made available under section 4114 to develop, 

implement, and evaluate comprehensive programs and activities, which are coordinated with other school and communitybased services and programs, that shall— 

ø(A) foster a safe and drug-free learning environment 

that supports academic achievement; 

ø(B) be consistent with the principles of effectiveness described in subsection (a)(1); 

ø(C) be designed to— 

ø(i) prevent or reduce violence; the use, possession 

and distribution of illegal drugs; and delinquency; and 

ø(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 

ø(D) include activities to— 

ø(i) promote the involvement of parents in the activity or program; 

ø(ii) promote coordination with community groups 

and coalitions, and government agencies; and 

ø(iii) distribute information about the local educational agency’s needs, goals, and programs under 

this subpart. 

ø(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: 

ø(A) Age appropriate and developmentally based activities that— 

ø(i) address the consequences of violence and the illegal use of drugs, as appropriate; 

ø(ii) promote a sense of individual responsibility; 

ø(iii) teach students that most people do not illegally 

use drugs; 

ø(iv) teach students to recognize social and peer 

pressure to use drugs illegally and the skills for resisting illegal drug use; 

ø(v) teach students about the dangers of emerging 

drugs; 

ø(vi) engage students in the learning process; and 

ø(vii) incorporate activities in secondary schools that 

reinforce prevention activities implemented in elementary schools. 

ø(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 


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drugs and appropriate consequences for violence and illegal use of drugs. 

ø(C) Dissemination of drug and violence prevention information to schools and the community. 

ø(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. 

ø(E) Drug and violence prevention activities that may include the following: 

ø(i) Community-wide planning and organizing activities to reduce violence and illegal drug use, which 

may include gang activity prevention. 

ø(ii) Acquiring and installing metal detectors, electronic locks, surveillance cameras, or other related 

equipment and technologies. 

ø(iii) Reporting criminal offenses committed on 

school property. 

ø(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. 

ø(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. 

ø(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. 

ø(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. 

ø(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. 

ø(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 meetVerDate Mar 15 2010 21:32 Jun 15, 2011 Jkt 099006 PO 00000 Frm 00136 Fmt 6659 Sfmt 6602 E:\HR\OC\HR106.XXX HR106

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ing the State academic achievement standards and to 

reenter the regular education setting. 

ø(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. 

ø(xi) Programs that encourage students to seek advice from, and to confide in, a trusted adult regarding 

concerns about violence and illegal drug use. 

ø(xii) Drug and violence prevention activities designed to reduce truancy. 

ø(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. 

ø(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. 

ø(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. 

ø(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. 

ø(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. 

ø(xviii) Establishing and maintaining a school safety 

hotline. 

ø(xix) Community service, including community 

service performed by expelled students, and servicelearning projects. 

ø(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 


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employee has been convicted of a crime that bears 

upon the employee’s fitness— 

ø(I) to be responsible for the safety or well-being 

of children; 

ø(II) to serve in the particular capacity in which 

the employee or prospective employee is or will be 

employed; or 

ø(III) to otherwise be employed by the local educational agency. 

ø(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. 

ø(xxii) Programs that respond to the needs of students who are faced with domestic violence or child 

abuse. 

ø(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. 

ø(c) LIMITATION.— 

ø(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. 

ø(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. 

ø(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. 

øSEC. 4116. REPORTING. 

ø(a) STATE REPORT.— 

ø(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— 

ø(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; 

ø(B) on the State’s progress toward attaining its performance measures for drug and violence prevention under 

section 4113(a)(10); and 

ø(C) on the State’s efforts to inform parents of, and include parents in, violence and drug prevention efforts. 


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ø(2) SPECIAL RULE.—The report required by this subsection 

shall be— 

ø(A) in the form specified by the Secretary; 

ø(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 

ø(C) made readily available to the public. 

ø(b) LOCAL EDUCATIONAL AGENCY REPORT.— ø(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. 

ø(2) AVAILABILITY.—Information under paragraph (1) shall 

be made readily available to the public. 

ø(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. 

øSEC. 4117. PROGRAMS FOR NATIVE HAWAIIANS. 

ø(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. 

ø(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 

* * * * * * * 

øSEC. 4129. GRANTS TO REDUCE ALCOHOL ABUSE. 

ø(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. 

ø(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— 

ø(1) a description of the activities to be carried out under the 

grant; 


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ø(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; 

ø(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; 

ø(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 

ø(5) such other information as the Secretary determines appropriate. 

ø(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. 

ø(d) RESERVATIONS.— ø(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. 

ø(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. 

øSEC. 4130. MENTORING PROGRAMS. 

ø(a) PURPOSE; DEFINITIONS.— ø(1) PURPOSE.—The purpose of this section is to make assistance available to promote mentoring programs for children 

with greatest need— 

ø(A) to assist such children in receiving support and 

guidance from a mentor; 

ø(B) to improve the academic achievement of such children; 

ø(C) to improve interpersonal relationships between 

such children and their peers, teachers, other adults, and 

family members; 

ø(D) to reduce the dropout rate of such children; and 

ø(E) to reduce juvenile delinquency and involvement in 

gangs by such children. 

ø(2) DEFINITIONS.—In this part: 

ø(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. 

ø(B) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ 

means— 

ø(i) a local educational agency; 

ø(ii) a nonprofit, community-based organization; or 


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ø(iii) a partnership between a local educational 

agency and a nonprofit, community-based organization. 

ø(C) MENTOR.—The term ‘‘mentor’’ means a responsible 

adult, a postsecondary school student, or a secondary 

school student who works with a child— 

ø(i) to provide a positive role model for the child; 

ø(ii) to establish a supportive relationship with the 

child; and 

ø(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. 

ø(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. 

ø(b) GRANT PROGRAM.— 

ø(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— 

ø(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— 

ø(i) have received training and support in mentoring; 

ø(ii) have been screened using appropriate reference 

checks, child and domestic abuse record checks, and 

criminal background checks; and 

ø(iii) are interested in working with children with 

greatest need; and 

ø(B) are intended to achieve one or more of the following 

goals with respect to children with greatest need: 

ø(i) Provide general guidance. 

ø(ii) Promote personal and social responsibility. 

ø(iii) Increase participation in, and enhance the ability to benefit from, elementary and secondary education. 

ø(iv) Discourage illegal use of drugs and alcohol, violence, use of dangerous weapons, promiscuous behavior, and other criminal, harmful, or potentially harmful activity. 

ø(v) Encourage participation in community service 

and community activities. 

ø(vi) Encourage setting goals and planning for the 

future, including encouragement of graduation from 

secondary school and planning for postsecondary education or training. 

ø(viii) Discourage involvement in gangs. 

ø(2) USE OF FUNDS.— 


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ø(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— 

ø(i) hiring of mentoring coordinators and support 

staff; 

ø(ii) providing for the professional development of 

mentoring coordinators and support staff; 

ø(iii) recruitment, screening, and training of mentors; 

ø(iv) reimbursement to schools, if appropriate, for 

the use of school materials or supplies in carrying out 

the mentoring program; 

ø(v) dissemination of outreach materials; 

ø(vi) evaluation of the mentoring program using scientifically based methods; and 

ø(vii) such other activities as the Secretary may reasonably prescribe by rule. 

ø(B) PROHIBITED USES.—Notwithstanding subparagraph 

(A), an eligible entity awarded a grant under this section 

may not use the grant funds— 

ø(i) to directly compensate mentors; 

ø(ii) to obtain educational or other materials or 

equipment that would otherwise be used in the ordinary course of the eligible entity’s operations; 

ø(iii) to support litigation of any kind; or 

ø(iv) for any other purpose reasonably prohibited by 

the Secretary by rule. 

ø(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. 

ø(4) APPLICATION.—Each eligible entity seeking a grant 

under this section shall submit to the Secretary an application 

that includes— 

ø(A) a description of the plan for the mentoring program 

the eligible entity proposes to carry out with such grant; 

ø(B) information on the children expected to be served 

by the mentoring program for which such grant is sought; 

ø(C) a description of the mechanism the eligible entity 

will use to match children with mentors based on the 

needs of the children; 

ø(D) an assurance that no mentor will be assigned to 

mentor so many children that the assignment will undermine the mentor’s ability to be an effective mentor or the 

mentor’s ability to establish a close relationship (a one-toone relationship, where practicable) with each mentored 

child; 

ø(E) an assurance that the mentoring program will provide children with a variety of experiences and support, including— 

ø(i) emotional support; 

ø(ii) academic assistance; and 

ø(iii) exposure to experiences that the children 

might not otherwise encounter on their own; 


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ø(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; 

ø(G) information regarding how mentors and children 

will be recruited to the mentoring program; 

ø(H) information regarding how prospective mentors will 

be screened; 

ø(I) information on the training that will be provided to 

mentors; and 

ø(J) information on the system that the eligible entity 

will use to manage and monitor information relating to the 

mentoring program’s— 

ø(i) reference checks; 

ø(ii) child and domestic abuse record checks; 

ø(iii) criminal background checks; and 

ø(iv) procedure for matching children with mentors. 

ø(5) SELECTION.— 

ø(A) COMPETITIVE BASIS.—In accordance with this subsection, the Secretary shall award grants to eligible entities on a competitive basis. 

ø(B) PRIORITY.—In awarding grants under subparagraph 

(A), the Secretary shall give priority to each eligible entity 

that— 

ø(i) serves children with greatest need living in 

rural areas, high-crime areas, or troubled home environments, or who attend schools with violence problems; 

ø(ii) provides high quality background screening of 

mentors, training of mentors, and technical assistance 

in carrying out mentoring programs; or 

ø(iii) proposes a school-based mentoring program. 

ø(C) OTHER CONSIDERATIONS.—In awarding grants 

under subparagraph (A), the Secretary shall also consider— 

ø(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; 

ø(ii) the quality of the mentoring program proposed 

by each eligible entity, including— 

ø(I) the resources, if any, the eligible entity will 

dedicate to providing children with opportunities 

for job training or postsecondary education; 

ø(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; 

ø(III) the degree to which the eligible entity can 

ensure that mentors will develop longstanding relationships with the children they mentor; 


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ø(IV) the degree to which the mentoring program will serve children with greatest need in the 

4th through 8th grades; and 

ø(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 

ø(iii) the capability of each eligible entity to effectively implement its mentoring program. 

ø(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). 

ø(6) MODEL SCREENING GUIDELINES.— ø(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. 

ø(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 

* * * * * * * 

øSubpart 2—Elementary and Secondary School 

Counseling Programs 

øSEC. 5421. ELEMENTARY AND SECONDARY SCHOOL COUNSELING 

PROGRAMS. 

ø(a) GRANTS AUTHORIZED.— ø(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). 


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ø(2) SPECIAL CONSIDERATION.—In awarding grants under 

this section, the Secretary shall give special consideration to 

applications describing programs that— 

ø(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; 

ø(B) propose the most promising and innovative approaches for initiating or expanding school counseling; and 

ø(C) show the greatest potential for replication and dissemination. 

ø(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. 

ø(4) DURATION.—A grant under this section shall be awarded 

for a period not to exceed 3 years. 

ø(5) MAXIMUM GRANT.—A grant awarded under this section shall not exceed $400,000 for any fiscal year. 

ø(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. 

ø(b) APPLICATIONS.— ø(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. 

ø(2) CONTENTS.—Each application for a grant under this section shall— 

ø(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; 

ø(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); 

ø(C) describe the methods to be used to evaluate the outcomes and effectiveness of the program; 

ø(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; 

ø(E) document that the local educational agency has the 

personnel qualified to develop, implement, and administer 

the program; 

ø(F) describe how diverse cultural populations, if applicable, will be served through the program; 

ø(G) assure that the funds made available under this 

subpart for any fiscal year will be used to supplement, and 


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not supplant, any other Federal, State, or local funds used 

for providing school-based counseling and mental health 

services to students; and 

ø(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. 

ø(c) USE OF FUNDS.— ø(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). 

ø(2) REQUIREMENTS.—Each program funded under this section shall— 

ø(A) be comprehensive in addressing the counseling and 

educational needs of all students; 

ø(B) use a developmental, preventive approach to counseling; 

ø(C) increase the range, availability, quantity, and quality of counseling services in the elementary schools and 

secondary schools of the local educational agency; 

ø(D) expand counseling services through qualified school 

counselors, school social workers, school psychologists, 

other qualified psychologists, or child and adolescent psychiatrists; 

ø(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; 

ø(F) provide counseling services in settings that meet 

the range of student needs; 

ø(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; 

ø(H) involve parents of participating students in the design, implementation, and evaluation of the counseling 

program; 

ø(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; 

ø(J) evaluate annually the effectiveness and outcomes of 

the counseling services and activities assisted under this 

section; 

ø(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, 


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one school social worker to 800 students, and one school 

psychologist to 1,000 students; and 

ø(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. 

ø(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. 

ø(e) DEFINITIONS.—For the purpose of this section— 

ø(1) the term ‘‘child and adolescent psychiatrist’’ means an 

individual who— 

ø(A) possesses State medical licensure; and 

ø(B) has completed residency training programs in both 

general psychiatry and child and adolescent psychiatry; 

ø(2) the term ‘‘other qualified psychologist’’ means an individual who has demonstrated competence in counseling children in a school setting and who— 

ø(A) is licensed in psychology by the State in which the 

individual works; and 

ø(B) practices in the scope of the individual’s education, 

training, and experience with children in school settings; 

ø(3) the term ‘‘school counselor’’ means an individual who 

has documented competence in counseling children and adolescents in a school setting and who— 

ø(A) is licensed by the State or certified by an independent professional regulatory authority; 

ø(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 

ø(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; 

ø(4) the term ‘‘school psychologist’’ means an individual 

who— 

ø(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; 

ø(B) is licensed or certified in school psychology by the 

State in which the individual works; or 

ø(C) in the absence of such State licensure or certification, possesses national certification by the National 

School Psychology Certification Board; and 

ø(5) the term ‘‘school social worker’’ means an individual 

who— 

ø(A) holds a master’s degree in social work from a program accredited by the Council on Social Work Education; 

and 


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ø(B)(i) is licensed or certified by the State in which services are provided; or 

ø(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. 

ø(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— 

ø(1) evaluating the programs assisted pursuant to each grant 

under this subpart; and 

ø(2) outlining the information from local educational agencies regarding the ratios of students to— 

ø(A) school counselors; 

ø(B) school social workers; and 

ø(C) school psychologists. 

ø(g) SPECIAL RULE.— 

ø(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. 

ø(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. 

øSubpart 3—Partnerships in Character Education 

øSEC. 5431. PARTNERSHIPS IN CHARACTER EDUCATION PROGRAM. 

ø(a) PROGRAM AUTHORIZED.— 

ø(1) IN GENERAL.—The Secretary is authorized to award 

grants to eligible entities for the design and implementation of 

character education programs that— 

ø(A) are able to be integrated into classroom instruction 

and to be consistent with State academic content standards; and 

ø(B) are able to be carried out in conjunction with other 

educational reform efforts. 

ø(2) ELIGIBLE ENTITY.—In this section, the term ‘‘eligible entity’’ means— 

ø(A) a State educational agency in partnership with— 

ø(i) one or more local educational agencies; or 

ø(ii) one or more— 

ø(I) local educational agencies; and 

ø(II) nonprofit organizations or entities, including an institution of higher education; 

ø(B) a local educational agency or consortium of local 

educational agencies; or 

ø(C) a local educational agency in partnership with one 

or more nonprofit organizations or entities, including an 

institution of higher education. 


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ø(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. 

ø(4) AMOUNT OF GRANTS FOR STATE EDUCATIONAL AGEN- CIES.—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— 

ø(A) is in a partnership described in paragraph (2)(A); 

and 

ø(B) meets such requirements as the Secretary may establish under this section. 

ø(b) CONTRACTS UNDER PROGRAM.— ø(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— 

ø(A) evaluating the program for which the assistance is 

made available; 

ø(B) measuring the integration of such program into the 

curriculum and teaching methods of schools where the program is carried out; and 

ø(C) measuring the success of such program in fostering 

the elements of character selected by the recipient under 

subsection (c). 

ø(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— 

ø(A) developing secular curricula, materials, teacher 

training, and other activities related to character education; and 

ø(B) integrating secular character education into the 

curricula and teaching methods of schools where the program is carried out. 

ø(c) ELEMENTS OF CHARACTER.— ø(1) SELECTION.— ø(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. 

ø(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. 

ø(2) EXAMPLE ELEMENTS.—Elements of character selected 

under this subsection may include any of the following: 

ø(A) Caring. 

ø(B) Civic virtue and citizenship. 

ø(C) Justice and fairness. 

ø(D) Respect. 

ø(E) Responsibility. 

ø(F) Trustworthiness. 

ø(G) Giving. 


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ø(H) Any other elements deemed appropriate by the eligible entity. 

ø(d) USE OF FUNDS BY STATE EDUCATIONAL AGENCY RECIPI- ENTS.—Of the total funds received in any fiscal year under this section by an eligible entity that is a State educational agency— 

ø(1) not more than 3 percent of such funds may be used for 

administrative purposes; and 

ø(2) the remainder of such funds may be used for— 

ø(A) collaborative initiatives with and between local educational agencies and schools; 

ø(B) the preparation or purchase of materials, and teacher training; 

ø(C) providing assistance to local educational agencies, 

schools, or institutions of higher education; and 

ø(D) technical assistance and evaluation. 

ø(e) APPLICATION.— ø(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. 

ø(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— 

ø(A) demonstrates that the program for which the grant 

is sought has clear objectives that are based on scientifically based research; 

ø(B) describes any partnerships or collaborative efforts 

among the organizations and entities of the eligible entity; 

ø(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— 

ø(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; 

ø(ii) curriculum and instructional practices that will 

be used or developed; and 

ø(iii) methods of teacher training and parent education that will be used or developed; 

ø(D) describes how the program for which the grant is 

sought will be linked to other efforts to improve academic 

achievement, including— 

ø(i) broader educational reforms that are being instituted by the eligible entity or its partners; and 

ø(ii) State academic content standards; 

ø(E) in the case of an eligible entity that is a State educational agency, describes how the State educational agency— 

ø(i) will provide technical and professional assistance to its local educational agency partners in the development and implementation of character education 

programs; and 


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ø(ii) will assist other interested local educational 

agencies that are not members of the original partnership in designing and establishing character education 

programs; 

ø(F) describes how the eligible entity will evaluate the 

success of its program— 

ø(i) based on the objectives described in subparagraph (A); and 

ø(ii) in cooperation with any national evaluation 

conducted pursuant to subsection (h)(2)(B)(iii); and 

ø(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. 

ø(f) SELECTION OF RECIPIENTS.— 

ø(1) PEER REVIEW.— 

ø(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. 

ø(B) USE OF FUNDS.—The Secretary may use funds appropriated under this section for the cost of carrying out 

peer reviews under this paragraph. 

ø(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— 

ø(A) the extent to which the program fosters character 

in students and the potential for improved student academic achievement; 

ø(B) the extent and ongoing nature of parental, student, 

and community involvement; 

ø(C) the quality of the plan for measuring and assessing 

success; and 

ø(D) the likelihood that the objectives of the program 

will be achieved. 

ø(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. 

ø(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. 

ø(h) EVALUATION AND PROGRAM DEVELOPMENT.— 

ø(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— 

ø(A) by the end of the second year of the program; and 


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ø(B) not later than 1 year after completion of the grant 

period. 

ø(2) NATIONAL RESEARCH, DISSEMINATION, AND EVALUA- TION.— 

ø(A) IN GENERAL.— ø(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. 

ø(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. 

ø(B) USES.—Funds made available under subparagraph 

(A) may be used for the following: 

ø(i) Conducting research and development activities 

that focus on matters such as— 

ø(I) the extent to which schools are undertaking 

character education initiatives; 

ø(II) the effectiveness of instructional models for 

all students, including students with disabilities 

(including those with mental or physical disabilities); 

ø(III) materials and curricula for use by programs in character education; 

ø(IV) models of professional development in 

character education; 

ø(V) the development of measures of effectiveness for character education programs (which may 

include the factors described in paragraph (3)); 

and 

ø(VI) the effectiveness of State and local programs receiving funds under this section. 

ø(ii) Providing technical assistance to State and 

local programs, particularly on matters of program 

evaluation. 

ø(iii) Conducting evaluations of State and local programs receiving funding under this section, that may 

be conducted through a national clearinghouse under 

clause (iv). 

ø(iv) Compiling and disseminating, through a national clearinghouse or other means— 

ø(I) information on model character education 

programs; 

ø(II) information about high quality character 

education materials and curricula; 

ø(III) research findings in the area of character 

education and character development; and 

ø(IV) any other information that will be useful 

to character education program participants naVerDate Mar 15 2010 21:32 Jun 15, 2011 Jkt 099006 PO 00000 Frm 00152 Fmt 6659 Sfmt 6602 E:\HR\OC\HR106.XXX HR106

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tionwide, including educators, parents, and administrators. 

ø(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— 

ø(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 

ø(ii) character education program evaluation and research. 

ø(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. 

ø(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— 

ø(i) describes the entity’s progress in carrying out 

research, development, dissemination, evaluation, and 

technical assistance under this paragraph; 

ø(ii) identifies unmet and future information needs 

in the field of character education; and 

ø(iii) if applicable, describes the progress of the entity in carrying out the requirements of subparagraph 

(B)(iv), including a listing of— 

ø(I) the number of requests for information received by the entity in the course of carrying out 

such requirements; 

ø(II) the types of organizations making such requests; and 

ø(III) the types of information requested. 

ø(3) FACTORS.—Factors that may be considered in evaluating 

the success of programs funded under this section include the 

following: 

ø(A) Discipline issues. 

ø(B) Student academic achievement. 

ø(C) Participation in extracurricular activities. 

ø(D) Parental and community involvement. 

ø(E) Faculty and administration involvement. 

ø(F) Student and staff morale. 

ø(G) Overall improvements in school climate for all students, including students with disabilities (including those 

with mental or physical disabilities). 

ø(i) PERMISSIVE MATCH.— 

ø(1) IN GENERAL.—The Secretary may require eligible entities to match funds awarded under this section with non-FedVerDate Mar 15 2010 21:32 Jun 15, 2011 Jkt 099006 PO 00000 Frm 00153 Fmt 6659 Sfmt 6602 E:\HR\OC\HR106.XXX HR106

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eral funds, except that the amount of the match may not exceed the amount of the grant award. 

ø(2) SLIDING SCALE.—The amount of a match under paragraph (1) shall be established based on a sliding scale that 

takes into account— 

ø(A) the poverty of the population to be targeted by the 

eligible entity; and 

ø(B) the ability of the eligible entity to obtain funding 

for the match. 

ø(3) IN-KIND CONTRIBUTIONS.—The Secretary shall permit eligible entities to match funds in whole or in part with in-kind 

contributions. 

ø(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. 

øSubpart 4—Smaller Learning Communities 

øSEC. 5441. SMALLER LEARNING COMMUNITIES. 

ø(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. 

ø(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: 

ø(1) Strategies and methods the local educational agency will 

use to create the smaller learning community or communities. 

ø(2) Curriculum and instructional practices, including any 

particular themes or emphases, to be used in the smaller 

learning environment. 

ø(3) The extent of involvement of teachers and other school 

personnel in investigating, designing, implementing, and sustaining the smaller learning community or communities. 

ø(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. 

ø(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. 

ø(6) The training and professional development activities 

that will be offered to teachers and others involved in the activities assisted under this subpart. 

ø(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. 

ø(8) The methods by which the local educational agency will 

assess progress in meeting the objectives described in paragraph (7). 

ø(9) If the smaller learning community or communities exist 

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ance and administration, of the smaller learning community to 

the remainder of the school. 

ø(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). 

ø(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. 

ø(12) The grade levels or ages of students who will participate in the smaller learning community or communities. 

ø(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. 

ø(c) AUTHORIZED ACTIVITIES.—Funds under this section may be 

used for one or more of the following: 

ø(1) To study— 

ø(A) the feasibility of creating the smaller learning community or communities; and 

ø(B) effective and innovative organizational and instructional strategies that will be used in the smaller learning 

community or communities. 

ø(2) To research, develop, and implement— 

ø(A) strategies for creating the smaller learning community or communities; and 

ø(B) strategies for effective and innovative changes in 

curriculum and instruction, geared to challenging State 

academic content standards and State student academic 

achievement standards. 

ø(3) To provide professional development for school staff in 

innovative teaching methods that— 

ø(A) challenge and engage students; and 

ø(B) will be used in the smaller learning community or 

communities. 

ø(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. 

øSubpart 5—Reading Is Fundamental— 

Inexpensive Book Distribution Program 

øSEC. 5451. INEXPENSIVE BOOK DISTRIBUTION PROGRAM FOR READING MOTIVATION. 

ø(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 


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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. 

ø(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. 

ø(c) REQUIREMENTS OF CONTRACT.—Any contract entered into 

under subsection (b) shall contain each of the following: 

ø(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. 

ø(2) A provision that funds made available to subcontractors 

will be used only to pay the Federal share of the cost of such 

programs. 

ø(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: 

ø(A) Low-income children, particularly in high-poverty 

areas. 

ø(B) Children at risk of school failure. 

ø(C) Children with disabilities. 

ø(D) Foster children. 

ø(E) Homeless children. 

ø(F) Migrant children.ildren without access to libraries. 

ø(H) Institutionalized or incarcerated children. 

ø(I) Children whose parents are institutionalized or incarcerated. 

ø(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. 

ø(5) A provision that the contractor will annually report to 

the Secretary the number, and a description, of programs funded under paragraph (3). 

ø(6) Such other terms and conditions as the Secretary determines to be appropriate to ensure the effectiveness of such programs. 

ø(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 


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purchases made under similar circumstances in the absence of Federal assistance. 

ø(e) SPECIAL RULES FOR CERTAIN SUBCONTRACTORS.— ø(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. 

ø(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. 

ø(f) MULTI-YEAR CONTRACTS.—The contractor may enter into a 

multi-year subcontract under this section, if— 

ø(1) the contractor believes that such subcontract will provide the subcontractor with additional leverage in seeking local 

commitments; and 

ø(2) the subcontract does not undermine the finances of the 

national program. 

ø(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. 

øSubpart 6—Gifted and Talented Students 

øSEC. 5461. SHORT TITLE. 

øThis subpart may be cited as the ‘‘Jacob K. Javits Gifted and 

Talented Students Education Act of 2001’’. 

øSEC. 5462. PURPOSE. 

øThe 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. 

øSEC. 5463. RULE OF CONSTRUCTION. 

øNothing 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. 

øSEC. 5464. AUTHORIZED PROGRAMS. 

ø(a) ESTABLISHMENT OF PROGRAM.— ø(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 


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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. 

ø(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— 

ø(A) the proposed gifted and talented services, materials, 

and methods can be adapted, if appropriate, for use by all 

students; and 

ø(B) the proposed programs can be evaluated. 

ø(b) USE OF FUNDS.—Programs and projects assisted under this 

section may include each of the following: 

ø(1) Conducting— 

ø(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 

ø(B) program evaluations, surveys, and the collection, 

analysis, and development of information needed to accomplish the purpose of this subpart. 

ø(2) Carrying out professional development (including fellowships) for personnel (including leadership personnel) involved 

in the education of gifted and talented students. 

ø(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). 

ø(4) Implementing innovative strategies, such as cooperative 

learning, peer tutoring, and service learning. 

ø(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. 

ø(6) Making materials and services available through State 

regional educational service centers, institutions of higher education, or other entities. 

ø(7) Providing funds for challenging, high-level course work, 

disseminated through technologies (including distance learning), for individual students or groups of students in schools 


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and local educational agencies that would not otherwise have 

the resources to provide such course work. 

ø(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). 

ø(d) CENTER FOR RESEARCH AND DEVELOPMENT.— 

ø(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). 

ø(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. 

ø(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. 

ø(e) COORDINATION.—Scientifically based research activities supported under this subpart— 

ø(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 

ø(2) may include collaborative scientifically based research 

activities which are jointly funded and carried out with such 

Institute. 

øSEC. 5465. PROGRAM PRIORITIES. 

ø(a) GENERAL PRIORITY.—In carrying out this subpart, the Secretary shall give highest priority to programs and projects designed 

to develop new information that— 

ø(1) improves the capability of schools to plan, conduct, and 

improve programs to identify and serve gifted and talented students; and 

ø(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. 

ø(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). 


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øSEC. 5466. GENERAL PROVISIONS. 

ø(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. 

ø(b) REVIEW, DISSEMINATION, AND EVALUATION.—The Secretary 

shall— 

ø(1) use a peer review process in reviewing applications 

under this subpart; 

ø(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 

ø(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. 

ø(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— 

ø(1) administer and coordinate the programs authorized 

under this subpart; 

ø(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; 

ø(3) assist the Assistant Secretary for Educational Research 

and Improvement in identifying research priorities that reflect 

the needs of gifted and talented students; and 

ø(4) shall disseminate, and consult on, the information developed under this subpart with other offices within the Department. 

øSubpart 7—Star Schools Program 

øSEC. 5471. SHORT TITLE. 

øThis subpart may be cited as the ‘‘Star Schools Act’’. 

øSEC. 5472. PURPOSES. 

The purposes of this subpart are the following: 

ø(1) To encourage improved instruction in mathematics, 

science, and foreign languages as well as other subjects (such 

as literacy skills and vocational education). 

ø(2) To serve underserved populations, including disadvantaged, illiterate, limited English proficient populations, and individuals with disabilities through a Star Schools program 


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under which grants are made to eligible telecommunication 

partnerships to enable such partnerships— 

ø(A) to develop, construct, acquire, maintain, and operate telecommunications audio and visual facilities and 

equipment; 

ø(B) to develop and acquire educational and instructional programming; and 

ø(C) to obtain technical assistance for the use of such facilities and instructional programming. 

øSEC. 5473. GRANT PROGRAM AUTHORIZED. 

ø(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: 

ø(1) Development, construction, acquisition, maintenance, 

and operation of telecommunications facilities and equipment. 

ø(2) Development and acquisition of live, interactive instructional programming. 

ø(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. 

ø(4) Establishment of teleconferencing facilities and resources for making interactive training available to teachers. 

ø(5) Obtaining technical assistance. 

ø(6) Coordination of the design and connectivity of telecommunications networks to reach the greatest number of 

schools. 

ø(b) DURATION AND AMOUNT.— 

ø(1) IN GENERAL.—A grant under this section may not exceed— 

ø(A) 5 years in duration (subject to subsection (c)); and 

ø(B) $10,000,000 in any single fiscal year. 

ø(c) RENEWAL.— 

ø(1) IN GENERAL.—Grants awarded under subsection (a) may 

be renewed for a single additional period of 3 years. 

ø(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— 

ø(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 

ø(B) use all grant funds received under this subpart for 

the 3 year renewal period to provide expanded services 

by— 

ø(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; 

ø(ii) providing new courses of instruction; and 

ø(iii) serving new populations of underserved individuals, such as children or adults who are disadvantaged, have limited English proficiency, are individVerDate Mar 15 2010 21:32 Jun 15, 2011 Jkt 099006 PO 00000 Frm 00161 Fmt 6659 Sfmt 6602 E:\HR\OC\HR106.XXX HR106

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uals with disabilities, are illiterate, or lack secondary 

school diplomas or their recognized equivalent. 

ø(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. 

ø(d) RESERVATIONS.— ø(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. 

ø(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. 

ø(e) FEDERAL SHARE.— ø(1) AMOUNT.—The Federal share of the cost of projects 

funded under this section shall not exceed the following 

amounts: 

ø(A) 75 percent for the first and second years for which 

an eligible telecommunications partnership receives a 

grant under this subpart. 

ø(B) 60 percent for the third and fourth such years. 

ø(C) 50 percent for the fifth such year. 

ø(2) REDUCTION OR WAIVER.—The Secretary may reduce or 

waive the corresponding non-Federal share under paragraph 

(1) upon a showing of financial hardship. 

ø(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. 

ø(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. 

øSEC. 5474. APPLICATIONS. 

ø(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. 

ø(b) CONTENTS.—An application submitted under subsection (a) 

shall include each of the following: 

ø(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. 

ø(2) A description of the telecommunications facilities and 

equipment and technical assistance for which assistance is 

sought, which may include— 

ø(A) the design, development, construction, acquisition, 

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cational telecommunications networks and technology resource centers; 

ø(B) microwave, fiber optics, cable, and satellite transmission equipment or any combination thereof; 

ø(C) reception facilities; 

ø(D) satellite time; 

ø(E) production facilities; 

ø(F) other telecommunications equipment capable of 

serving a wide geographic area; 

ø(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 

ø(H) the development of educational and related programming for use on a telecommunications network. 

ø(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. 

ø(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. 

ø(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. 

ø(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. 

ø(7) A description of how existing telecommunications equipment, facilities, and services, where available, will be used. 

ø(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. 

ø(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. 

ø(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. 


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ø(11) A description of how funds received under this subpart 

will be coordinated with funds received for educational technology in the classroom. 

ø(12) A description of the activities or services for which assistance is sought, such as— 

ø(A) providing facilities, equipment, training services, 

and technical assistance; 

ø(B) making programs accessible to students with disabilities through mechanisms such as closed captioning 

and descriptive video services; 

ø(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; 

ø(D) sharing curriculum resources between networks 

and development of program guides which demonstrate cooperative, cross-network listing of programs for specific 

curriculum areas; 

ø(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; 

ø(F) incorporating community resources, such as libraries and museums, into instructional programs; 

ø(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; 

ø(H) providing programs for adults to maximize the use 

of telecommunications facilities and equipment; 

ø(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 

ø(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. 

ø(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. 

ø(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. 

ø(15) An assurance that the applicant will provide such information and cooperate in any evaluation that the Secretary 

may conduct under this subpart. 

ø(16) Such additional assurances as the Secretary may reasonably require. 

ø(c) APPROVAL.—In approving applications submitted under subsection (a) for grants under section 5473, the Secretary shall— 


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ø(1) to the extent feasible, ensure an equitable geographic 

distribution of services provided under this subpart. 

ø(2) give priority to applications describing programs that— 

ø(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; 

ø(B) will provide services to programs serving adults, especially parents, with low levels of literacy; 

ø(C) will serve schools with significant numbers of children counted for the purposes of part A of title I; 

ø(D) ensure that the eligible entity will— 

ø(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; 

ø(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; 

ø(iii) provide a comprehensive range of courses for 

educators to teach instructional strategies for students 

with different skill levels; 

ø(iv) provide training to participating educators in 

ways to integrate telecommunications courses into existing school curriculum; 

ø(v) provide instruction for students, teachers, and 

parents; 

ø(vi) serve a multistate area; and 

ø(vii) give priority to the provision of equipment and 

linkages to isolated areas; and 

ø(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. 

øSEC. 5475. OTHER GRANT ASSISTANCE. 

ø(a) SPECIAL STATEWIDE NETWORK.— 

ø(1) IN GENERAL.—The Secretary, in conjunction with the Office of Educational Technology, may provide assistance to a 

statewide telecommunications network if such network— 

ø(A) provides 2-way full-motion interactive video and 

audio communications; 

ø(B) links together public colleges and universities and 

secondary schools throughout the State; and 

ø(C) meets any other requirements determined appropriate by the Secretary. 

ø(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. 


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ø(b) SPECIAL LOCAL NETWORK.— ø(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. 

ø(2) PROGRAM REQUIREMENTS.—A high-technology demonstration program assisted under paragraph (1) shall— 

ø(A) include 2-way full-motion interactive video, audio, 

and text communications; 

ø(B) link together elementary schools and secondary 

schools, colleges, and universities; 

ø(C) provide parent participation and family programs; 

ø(D) include a staff development program; and 

ø(E) have a significant contribution and participation 

from business and industry. 

ø(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. 

ø(c) TELECOMMUNICATIONS PROGRAMS FOR CONTINUING EDU- CATION.— 

ø(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. 

ø(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: 

ø(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. 

ø(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. 

ø(C) To the extent feasible, materials developed in the 

Federal departments and agencies and under appropriate 

federally funded programs. 

ø(D) An assurance that the applicant has the technological and substantive experience to carry out the program. 

ø(E) Such additional assurances as the Secretary may 

reasonably require. 

øSEC. 5476. ADMINISTRATIVE PROVISIONS. 

ø(a) LEADERSHIP, EVALUATION, AND PEER REVIEW.— 

ø(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, evalVerDate Mar 15 2010 21:32 Jun 15, 2011 Jkt 099006 PO 00000 Frm 00166 Fmt 6659 Sfmt 6602 E:\HR\OC\HR106.XXX HR106

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uation, and peer review activities, which the Secretary may 

carry out directly or through grants, contracts, and cooperative 

agreements. 

ø(2) LEADERSHIP.—Funds reserved for leadership activities 

under paragraph (1) may be used for— 

ø(A) disseminating information, including lists and descriptions of services available from grant recipients under 

this subpart; and 

ø(B) other activities designed to enhance the quality of 

distance learning activities nationwide. 

ø(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— 

ø(A) analyses of distance learning efforts (including such 

efforts that are, or are not, assisted under this subpart); 

and 

ø(B) comparisons of the effects (including student outcomes) of different technologies in distance learning efforts. 

ø(4) PEER REVIEW.—Funds reserved for peer review activities 

under paragraph (1) may be used for peer review of— 

ø(A) applications for grants under this subpart; and 

ø(B) activities assisted under this subpart. 

ø(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. 

ø(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. 

ø(d) AVAILABILITY OF FUNDS.—Funds made available to carry out 

this subpart shall remain available until expended. 

ø(e) CLOSED CAPTIONING AND DESCRIPTIVE VIDEO.—The Secretary shall encourage each entity receiving funds under this subpart to provide— 

ø(1) closed captioning of the verbal content of the entity’s 

programming, as appropriate; and 

ø(2) descriptive video of the visual content of the entity’s programming, as appropriate. 

øSEC. 5477. DEFINITIONS. 

In this subpart: 

ø(1) EDUCATIONAL INSTITUTION.—The term ‘‘educational institution’’ means an institution of higher education, a local educational agency, or a State educational agency. 

ø(2) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ includes 

any of the following that is organized on a Statewide or 

multistate basis: 

ø(A) A public agency or corporation established for the 

purpose of developing and operating telecommunications 

networks to enhance educational opportunities provided by 


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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. 

ø(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): 

ø(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). 

ø(ii) A State educational agency. 

ø(iii) An adult and family education program. 

ø(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)). 

ø(v) A teacher training center or academy that— 

ø(I) provides teacher preservice and inservice 

training; and 

ø(II) receives Federal financial assistance or has 

been approved by a State agency; 

ø(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 

ø(II) a public broadcasting entity with such experience. 

ø(vii) A public or private elementary school or secondary school. 

ø(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. 

ø(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). 

øSubpart 8—Ready to Teach 

øSEC. 5481. GRANTS. 

ø(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 


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and secondary school teachers in preparing all students to achieve 

challenging State academic content and student academic achievement standards in core curriculum areas. 

ø(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. 

øSEC. 5482. APPLICATION REQUIRED. 

ø(a) GENERAL APPLICATION.— 

ø(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— 

ø(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; 

ø(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; 

ø(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 

ø(D) contain such additional assurances as the Secretary 

may reasonably require. 

ø(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. 

ø(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. 

øSEC. 5483. REPORTS AND EVALUATION. 

øAn 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— 


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ø(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 

ø(2) the States in which teachers using the program are located. 

øSEC. 5484. DIGITAL EDUCATIONAL PROGRAMMING GRANTS. 

ø(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— 

ø(1) include student assessment tools to provide feedback on 

student academic achievement; 

ø(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; 

ø(3) be created for, or adaptable to, challenging State academic content standards and student academic achievement 

standards; and 

ø(4) be capable of distribution through digital broadcasting 

and school digital networks. 

ø(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. 

ø(c) COMPETITIVE BASIS.—Grants under section 5481(b) shall be 

awarded on a competitive basis as determined by the Secretary. 

ø(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. 

ø(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. 

øSEC. 5485. ADMINISTRATIVE COSTS. 

øAn 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. 

øSubpart 9—Foreign Language Assistance 

Program 

øSEC. 5491. SHORT TITLE. 

øThis subpart may be cited as the ‘‘Foreign Language Assistance 

Act of 2001’’. 

øSEC. 5492. PROGRAM AUTHORIZED. 

ø(a) PROGRAM AUTHORITY.— 

ø(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 


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of innovative model programs providing for the establishment, 

improvement, or expansion of foreign language study for elementary school and secondary school students. 

ø(2) DURATION.—Each grant under paragraph (1) shall be 

awarded for a period of 3 years. 

ø(b) REQUIREMENTS.— 

ø(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. 

ø(2) GRANTS TO LOCAL EDUCATIONAL AGENCIES.—In awarding 

a grant under subsection (a) to a local educational agency, the 

Secretary shall support programs that— 

ø(A) show the promise of being continued beyond the 

grant period; 

ø(B) demonstrate approaches that can be disseminated 

and duplicated in other local educational agencies; and 

ø(C) may include a professional development component. 

ø(c) FEDERAL SHARE.— 

ø(1) IN GENERAL.—The Federal share for each fiscal year 

shall be 50 percent. 

ø(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. 

ø(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. 

ø(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. 

øSEC. 5493. APPLICATIONS. 

ø(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. 

ø(b) SPECIAL CONSIDERATION.—The Secretary shall give special 

consideration to applications describing programs that— 

ø(1) include intensive summer foreign language programs for 

professional development; 

ø(2) link nonnative English speakers in the community with 

the schools in order to promote two-way language learning; 

ø(3) promote the sequential study of a foreign language for 

students, beginning in elementary schools; 

ø(4) make effective use of technology, such as computer-assisted instruction, language laboratories, or distance learning, 

to promote foreign language study; 

ø(5) promote innovative activities, such as foreign language 

immersion, partial foreign language immersion, or contentbased instruction; and 


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ø(6) are carried out through a consortium comprised of the 

agency receiving the grant and an elementary school or secondary school. 

øSEC. 5494. ELEMENTARY SCHOOL FOREIGN LANGUAGE INCENTIVE 

PROGRAM. 

ø(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. 

ø(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. 

ø(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. 

øSubpart 10—Physical Education 

øSEC. 5501. SHORT TITLE. 

øThis subpart may be cited as the ‘‘Carol M. White Physical Education Program’’. 

øSEC. 5502. PURPOSE. 

øThe 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. 

øSEC. 5503. PROGRAM AUTHORIZED. 

ø(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— 

ø(1) providing equipment and support to enable students to 

participate actively in physical education activities; and 

ø(2) providing funds for staff and teacher training and education. 

ø(b) PROGRAM ELEMENTS.—A physical education program funded 

under this subpart may provide for one or more of the following: 

ø(1) Fitness education and assessment to help students understand, improve, or maintain their physical well-being. 

ø(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. 


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ø(3) Development of, and instruction in, cognitive concepts 

about motor skill and physical fitness that support a lifelong 

healthy lifestyle. 

ø(4) Opportunities to develop positive social and cooperative 

skills through physical activity participation. 

ø(5) Instruction in healthy eating habits and good nutrition. 

ø(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. 

ø(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. 

øSEC. 5504. APPLICATIONS. 

ø(a) SUBMISSION.—Each local educational agency or communitybased 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. 

ø(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— 

ø(1) students enrolled in private nonprofit elementary 

schools or secondary schools, and their parents and teachers; 

or 

ø(2) home-schooled students, and their parents and teachers. 

øSEC. 5505. REQUIREMENTS. 

ø(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— 

ø(1) describes the activities conducted during the preceding 

year; and 

ø(2) demonstrates that progress has been made toward meeting State standards for physical education. 

ø(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. 

øSEC. 5506. ADMINISTRATIVE PROVISIONS. 

ø(a) FEDERAL SHARE.—The Federal share under this subpart 

may not exceed— 

ø(1) 90 percent of the total cost of a program for the first 

year for which the program receives assistance under this subpart; and 

ø(2) 75 percent of such cost for the second and each subsequent such year. 

ø(b) PROPORTIONALITY.—To the extent practicable, the Secretary 

shall ensure that grants awarded under this subpart shall be equitably distributed among local educational agencies and communitybased organizations serving urban and rural areas. 


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ø(c) REPORT TO CONGRESS.—Not later than June 1, 2003, the 

Secretary shall submit a report to Congress that— 

ø(1) describes the programs assisted under this subpart; 

ø(2) documents the success of such programs in improving 

physical fitness; and 

ø(3) makes such recommendations as the Secretary determines appropriate for the continuation and improvement of the 

programs assisted under this subpart. 

ø(d) AVAILABILITY OF FUNDS.—Amounts made available to the 

Secretary to carry out this subpart shall remain available until expended. 

øSEC. 5507. SUPPLEMENT, NOT SUPPLANT. 

øFunds 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. 

øSubpart 11—Community Technology Centers 

øSEC. 5511. PURPOSE AND PROGRAM AUTHORIZATION. 

ø(a) PURPOSE.—It is the purpose of this subpart to assist eligible 

applicants— 

ø(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 

ø(2) to provide technical assistance and support to community technology centers. 

ø(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— 

ø(1) creating or expanding community technology centers; or 

ø(2) providing technical assistance and support to community 

technology centers. 

ø(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.). 

øSEC. 5512. ELIGIBILITY AND APPLICATION REQUIREMENTS. 

ø(a) ELIGIBLE APPLICANTS.—In order to be eligible to receive an 

award under this subpart, an applicant shall— 

ø(1) be an entity (such as a foundation, museum, library, forprofit 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 

ø(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). 


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ø(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: 

ø(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. 

ø(2) A demonstration of— 

ø(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 

ø(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. 

ø(3) A description of how the proposed project would be sustained once the Federal funds awarded under this subpart end. 

ø(4) A plan for the evaluation of the program, which shall include benchmarks to monitor progress toward specific project 

objectives. 

ø(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. 

øSEC. 5513. USES OF FUNDS. 

ø(a) REQUIRED USES.—A recipient shall use funds under this 

subpart for— 

ø(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 

ø(2) evaluating the effectiveness of the project. 

ø(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— 

ø(1) supporting a center coordinator, and staff, to supervise 

instruction and build community partnerships; 

ø(2) acquiring equipment, networking capabilities, and infrastructure to carry out the project; and 

ø(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: 

ø(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. 


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ø(B) Adult education and family literacy activities 

through technology and the Internet, including— 

ø(i) General Education Development, Language Instruction Educational Programs, and adult basic education classes or programs; 

ø(ii) introduction to computers; 

ø(iii) intergenerational activities; and 

ø(iv) educational development opportunities. 

ø(C) Career development and job preparation activities, 

such as— 

ø(i) training in basic and advanced computer skills; 

ø(ii) resume writing workshops; and 

ø(iii) access to databases of employment opportunities, career information, and other online materials. 

ø(D) Small business activities, such as— 

ø(i) computer-based training for basic entrepreneurial skills and electronic commerce; and 

ø(ii) access to information on business start-up programs that is available online, or from other sources. 

ø(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. 

øSubpart 12—Educational, Cultural, Apprenticeship, and Exchange Programs for Alaska Natives, Native Hawaiians, and Their Historical 

Whaling and Trading Partners in Massachusetts 

øSEC. 5521. SHORT TITLE. 

øThis subpart may be cited as the ‘‘Alaska Native and Native 

Hawaiian Education Through Cultural and Historical Organizations Act’’. 

øSEC. 5522. FINDINGS AND PURPOSES. 

ø(a) FINDINGS.—Congress finds the following: 

ø(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. 

ø(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. 

ø(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. 


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ø(4) Many New Bedford whaling voyages continued on to Hawaii, where they joined Native Hawaiians from the neighboring islands. 

ø(5) From those commercial and whaling voyages, a rich cultural exchange and strong trading relationships developed 

among the three peoples involved. 

ø(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. 

ø(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. 

ø(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. 

ø(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. 

ø(10) Cultural institutions can provide practical, culturally 

relevant, education-related internship and apprentice programs, such as the Museum Action Corps at the PeabodyEssex Museum and similar programs at the New Bedford 

Oceanarium and other institutions, to prepare youths and their 

families for careers in the cultural sector. 

ø(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. 

ø(b) PURPOSES.—The purposes of this subpart are the following: 

ø(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. 

ø(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. 


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ø(3) To supplement programs and authorities in the area of 

education to further the objectives of this subpart. 

ø(4) To authorize and develop cultural and educational programs relating to any Federally recognized Indian tribe in Mississippi. 

øSEC. 5523. PROGRAM AUTHORIZATION. 

ø(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: 

ø(1) The Alaska Native Heritage Center in Anchorage, Alaska. 

ø(2) The Inupiat Heritage Center in Barrow, Alaska. 

ø(3) The Bishop Museum in Hawaii. 

ø(4) The Peabody-Essex Museum in Salem, Massachusetts. 

ø(5) The New Bedford Whaling Museum and the New Bedford Oceanarium in New Bedford, Massachusetts. 

ø(6) The Mississippi Band of Choctaw Indians in Choctaw, 

Mississippi. 

ø(7) Other Alaska Native and Native Hawaiian cultural and 

educational organizations. 

ø(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. 

ø(9) Consortia of the organizations and entities described in 

this subsection. 

ø(b) USES OF FUNDS.—Activities provided through programs carried out under this subpart may include one or more of the following: 

ø(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. 

ø(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. 

ø(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. 

ø(4) Sharing of collections among cultural institutions designed to increase awareness of diverse cultures and links 

among them. 

ø(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. 

ø(6) Other activities, consistent with the purposes of this 

subpart, to meet the educational needs of Alaska Natives, NaVerDate Mar 15 2010 21:32 Jun 15, 2011 Jkt 099006 PO 00000 Frm 00178 Fmt 6659 Sfmt 6602 E:\HR\OC\HR106.XXX HR106

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tive Hawaiians, and students and their parents in Massachusetts. 

ø(7) Cultural and educational programs relating to any Federally recognized Indian tribe in Mississippi. 

øSEC. 5524. ADMINISTRATIVE PROVISIONS. 

ø(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. 

ø(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. 

øSEC. 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: 

ø(1) Not less than $2,000,000 each to— 

ø(A) the New Bedford Whaling Museum, in partnership 

with the New Bedford Oceanarium, in Massachusetts; 

ø(B) the Inupiat Heritage Center in Alaska; and 

ø(C) the Mississippi Band of Choctaw Indians in Choctaw, Mississippi. 

ø(2) For the New Trade Winds project, not less than 

$1,000,000 each to— 

ø(A) the Alaska Native Heritage Center in Alaska; 

ø(B) the Bishop Museum in Hawaii; and 

ø(C) the Peabody-Essex Museum in Massachusetts. 

ø(3) For internship and apprenticeship programs (including 

the Museum Action Corps of the Peabody-Essex Museum), not 

less than $1,000,000 each to— 

ø(A) the Alaska Native Heritage Center in Alaska; 

ø(B) the Bishop Museum in Hawaii; and 

ø(C) the Peabody-Essex Museum in Massachusetts. 

øSEC. 5526. DEFINITIONS. 

In this subpart: 

ø(1) ALASKA NATIVE.—The term ‘‘Alaska Native’’ has the 

meaning given that term in section 7306. 

ø(2) NATIVE HAWAIIAN.—The term ‘‘Native Hawaiian’’ has 

the meaning given that term in section 7207. 

øSubpart 13—Excellence in Economic Education 

øSEC. 5531. SHORT TITLE. 

øThis subpart may be cited as the ‘‘Excellence in Economic Education Act of 2001’’. 

øSEC. 5532. PURPOSE AND GOALS. 

ø(a) PURPOSE.—The purpose of this subpart is to promote economic and financial literacy among all students in kindergarten 


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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. 

ø(b) OBJECTIVES.—The objectives of this subpart are the following: 

ø(1) To increase students’ knowledge of, and achievement in, 

economics to enable the students to become more productive 

and informed citizens. 

ø(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. 

ø(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. 

ø(4) To assist States in measuring the impact of education 

in economics. 

ø(5) To leverage and expand private and public support for 

economic education partnerships at national, State, and local 

levels. 

øSEC. 5533. GRANT PROGRAM AUTHORIZED. 

ø(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’’). 

ø(b) USES OF FUNDS.— 

ø(1) DIRECT ACTIVITIES.—The grantee shall use 25 percent of 

the funds made available through the grant for a fiscal year— 

ø(A) to strengthen and expand the grantee’s relationships with State and local personal finance, entrepreneurial, and economic education organizations; 

ø(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; 

ø(C) to support research on effective teaching practices 

and the development of assessment instruments to document student understanding of personal finance and economics; and 

ø(D) to develop and disseminate appropriate materials to 

foster economic literacy. 

ø(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 


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the entities described in paragraph (3) for one or more of the 

following purposes: 

ø(A) Collaboratively establishing and conducting teacher 

training programs that use effective and innovative approaches to the teaching of economics, personal finance, 

and entrepreneurship. 

ø(B) Providing resources to school districts that desire to 

incorporate economics and personal finance into the curricula of the schools in the districts. 

ø(C) Conducting evaluations of the impact of economic 

and financial literacy education on students. 

ø(D) Conducting economic and financial literacy education research. 

ø(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. 

ø(F) Encouraging replication of best practices to promote 

economic and financial literacy. 

ø(3) PARTNERSHIP ENTITIES.—The entities described in this 

paragraph are the following: 

ø(A) A private sector entity. 

ø(B) A State educational agency. 

ø(C) A local educational agency. 

ø(D) An institution of higher education. 

ø(E) An organization promoting economic development. 

ø(F) An organization promoting educational excellence. 

ø(G) An organization promoting personal finance or entrepreneurial education. 

øSEC. 5534. APPLICATIONS. 

ø(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. 

ø(b) RECIPIENT APPLICATIONS.— 

ø(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. 

ø(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. 

ø(3) REVIEWERS.—The individuals described in this paragraph are the following: 

ø(i) Leaders in the fields of economics and education. 

ø(ii) Such other individuals as the grantee determines to be necessary, especially members of the State 

and local business, banking, and finance communities. 


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øSEC. 5535. REQUIREMENTS. 

ø(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. 

ø(b) TEACHER TRAINING PROGRAMS.—In carrying out the teacher 

training programs described in section 5533(b)(2)(A), a recipient 

shall— 

ø(1) train teachers who teach a grade from kindergarten 

through grade 12; and 

ø(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. 

ø(c) INVOLVEMENT OF BUSINESS COMMUNITY.—In carrying out the 

activities assisted under this subpart, the grantee and recipients 

are strongly encouraged to— 

ø(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 

ø(2) work with private businesses to obtain matching contributions for Federal funds and assist recipients in working 

toward self-sufficiency. 

ø(d) ADDITIONAL REQUIREMENTS AND TECHNICAL ASSISTANCE.— 

The grantee shall— 

ø(1) meet such other requirements as the Secretary determines to be necessary to assure compliance with this section; 

and 

ø(2) receive from the Secretary such technical assistance as 

may be necessary to carry out this section. 

øSEC. 5536. ADMINISTRATIVE PROVISIONS. 

ø(a) FEDERAL SHARE.—The Federal share of the cost described in 

section 5533(b)(2) shall be 50 percent. 

ø(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). 

ø(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. 

øSEC. 5537. SUPPLEMENT, NOT SUPPLANT. 

øFunds 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). 

øSubpart 14—Grants to Improve the Mental 

Health of Children 

øSEC. 5541. GRANTS FOR THE INTEGRATION OF SCHOOLS AND MENTAL HEALTH SYSTEMS. 

ø(a) AUTHORIZATION.—The Secretary is authorized to award 

grants to, or enter into contracts or cooperative agreements with, 


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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. 

ø(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. 

ø(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: 

ø(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. 

ø(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. 

ø(3) To provide training for the school personnel and mental 

health professionals who will participate in the program carried out under this section. 

ø(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. 

ø(5) To provide linguistically appropriate and culturally competent services. 

ø(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. 

ø(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: 

ø(1) A description of the program to be funded under the 

grant, contract, or cooperative agreement. 

ø(2) A description of how such program will increase access 

to quality mental health services for students. 

ø(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. 

ø(4) An assurance that— 

ø(A) persons providing services under the grant, contract, or cooperative agreement are adequately trained to 

provide such services; 

ø(B) the services will be provided in accordance with 

subsection (c); 

ø(C) teachers, principal administrators, and other school 

personnel are aware of the program; and 


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ø(D) parents of students participating in services under 

this section will be involved in the design and implementation of the services. 

ø(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. 

ø(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. 

ø(e) INTERAGENCY AGREEMENTS.— 

ø(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. 

ø(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— 

ø(A) the financial responsibility for the services; 

ø(B) the conditions and terms of responsibility for the 

services, including quality, accountability, and coordination 

of the services; and 

ø(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. 

ø(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. 

ø(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. 

ø(h) RULE OF CONSTRUCTION.—Nothing in Federal law shall be 

construed— 

ø(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 

ø(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. 

ø(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.). 


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øSEC. 5542. PROMOTION OF SCHOOL READINESS THROUGH EARLY 

CHILDHOOD EMOTIONAL AND SOCIAL DEVELOPMENT. 

ø(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. 

ø(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: 

ø(1) A description of the population that the applicant intends to serve and the types of services to be provided under 

the grant. 

ø(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. 

ø(3) An assurance that— 

ø(A) services under the grant shall be provided by or 

under the supervision of qualified professionals with expertise in early childhood development; 

ø(B) such services shall be culturally competent; 

ø(C) such services shall be provided in accordance with 

subsection (c); 

ø(D) funds received under this section shall be used to 

supplement, and not supplant, non-Federal funds; and 

ø(E) parents of students participating in services under 

this section will be involved in the design and implementation of the services. 

ø(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: 

ø(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). 

ø(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. 

ø(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. 

ø(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. 


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ø(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. 

ø(6) To pay for the expenses of administering the activities 

authorized under this section, including assessment of children’s eligibility for services. 

ø(d) LIMITATIONS.— ø(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. 

ø(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). 

ø(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. 

ø(f) DEFINITIONS.—In this section: 

ø(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: 

ø(A) The child has been abused, maltreated, or neglected. 

ø(B) The child has been exposed to violence. 

ø(C) The child has been homeless. 

ø(D) The child has been removed from child care, Head 

Start, or preschool for behavioral reasons or is at risk of 

being so removed. 

ø(E) The child has been exposed to parental depression 

or other mental illness. 

ø(F) The family income with respect to the child is below 

200 percent of the poverty line. 

ø(G) The child has been exposed to parental substance 

abuse. 

ø(H) The child has had early behavioral and peer relationship problems. 

ø(I) The child had a low birth weight. 

ø(J) The child has a cognitive deficit or developmental 

disability. 

ø(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. 

ø(3) PROVIDER OF EARLY CHILDHOOD SERVICES.—The term 

‘‘provider of early childhood services’’ means a public or private 


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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. 

øSubpart 15—Arts in Education 

øSEC. 5551. ASSISTANCE FOR ARTS EDUCATION. 

ø(a) PURPOSES.—The purposes of this subpart are the following: 

ø(1) To support systemic education reform by strengthening 

arts education as an integral part of the elementary school and 

secondary school curriculum. 

ø(2) To help ensure that all students meet challenging State 

academic content standards and challenging State student academic achievement standards in the arts. 

ø(3) To support the national effort to enable all students to 

demonstrate competence in the arts. 

ø(b) AUTHORITY.—The Secretary is authorized to make grants to, 

or enter into contracts or cooperative agreements with, eligible entities described in subsection (c). 

ø(c) ELIGIBLE ENTITIES.—The Secretary may make assistance 

available under subsection (b) to each of the following eligible entities: 

ø(1) State educational agencies. 

ø(2) Local educational agencies. 

ø(3) Institutions of higher education. 

ø(4) Museums or other cultural institutions. 

ø(5) Any other public or private agencies, institutions, or organizations. 

ø(d) USE OF FUNDS.—Assistance made available under this subpart may be used for any of the following: 

ø(1) Research on arts education. 

ø(2) Planning, developing, acquiring, expanding, improving, 

or disseminating information about model school-based arts 

education programs. 

ø(3) The development of model State arts education assessments based on State academic achievement standards. 

ø(4) The development and implementation of curriculum 

frameworks for arts education. 

ø(5) The development of model inservice professional development programs for arts educators and other instructional 

staff. 

ø(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. 

ø(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. 

ø(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. 


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ø(9) Supporting model projects and programs to integrate 

arts education into the regular elementary school and secondary school curriculum. 

ø(10) Other activities that further the purposes of this subpart. 

ø(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). 

ø(f) CONDITIONS.—As conditions of receiving assistance made 

available under this subpart, the Secretary shall require each entity receiving such assistance— 

ø(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 

ø(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. 

ø(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).¿ 

* * * * * * * 

øSubpart 17—Combatting Domestic Violence 

øSEC. 5571. GRANTS TO COMBAT THE IMPACT OF EXPERIENCING OR 

WITNESSING DOMESTIC VIOLENCE ON ELEMENTARY AND 

SECONDARY SCHOOL CHILDREN. 

ø(a) DEFINITIONS.—In this section: 

ø(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). 

ø(2) EXPERT.—The term ‘‘expert’’ means— 

ø(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 

ø(B) a State or local domestic violence coalition or community-based youth organization. 

ø(3) WITNESS DOMESTIC VIOLENCE.— 

ø(A) IN GENERAL.—The term ‘‘witness domestic violence’’ 

means to witness— 

ø(i) an act of domestic violence that constitutes actual or attempted physical assault; or 

ø(ii) a threat or other action that places the victim 

in fear of domestic violence. 

ø(B) WITNESS.—In subparagraph (A), the term ‘‘witness’’ 

means— 


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ø(i) to directly observe an act, threat, or action described in subparagraph (A), or the aftermath of that 

act, threat, or action; or 

ø(ii) to be within earshot of an act, threat, or action 

described in subparagraph (A), or the aftermath of 

that act, threat, or action. 

ø(b) GRANTS AUTHORIZED.— ø(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— 

ø(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; 

ø(B) to provide educational programming for students regarding domestic violence and the impact of experiencing 

or witnessing domestic violence on children; 

ø(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 

ø(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. 

ø(2) AWARD BASIS.—The Secretary is authorized to award 

grants under this section— 

ø(A) on a competitive basis; and 

ø(B) in a manner that ensures that such grants are equitably distributed among local educational agencies located 

in rural, urban, and suburban areas. 

ø(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. 

ø(c) USES OF FUNDS.—Funds made available to carry out this 

subpart may be used for one or more of the following purposes: 

ø(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. 

ø(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. 

ø(3) To develop and implement elementary school and secondary school system policies regarding— 


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ø(A) appropriate and safe responses to, identification of, 

and referral procedures for, students who are experiencing 

or witnessing domestic violence; and 

ø(B) to develop and implement policies on reporting and 

referral procedures for those students. 

ø(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. 

ø(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. 

ø(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. 

ø(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. 

ø(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: 

ø(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). 

ø(2) A description of how the experts will work in consultation and collaboration with the local educational agency. 

ø(3) Measurable objectives for, and expected results from, the 

use of the funds provided under the grant. 

ø(4) Provisions for appropriate remuneration for collaborating partners.¿ 

øSubpart 18—Healthy, High-Performance Schools 

øSEC. 5581. GRANT PROGRAM AUTHORIZED. 

øThe 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. 

øSEC. 5582. STATE USES OF FUNDS. 

ø(a) SUBGRANTS.— 

ø(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. 

ø(2) LIMITATION.—A State educational agency shall award 

subgrants under this subsection to local educational agencies 


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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). 

ø(3) IMPLEMENTATION.— ø(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. 

ø(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. 

ø(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: 

ø(1) To evaluate compliance by local educational agencies 

with the requirements of this subpart. 

ø(2) To distribute information and materials on healthy, 

high-performance school buildings for both new and existing 

facilities. 

ø(3) To organize and conduct programs for school board 

members, school district personnel, and others to disseminate 

information on healthy, high-performance school buildings. 

ø(4) To provide technical services and assistance in planning 

and designing healthy, high-performance school buildings. 

ø(5) To collect and monitor information pertaining to 

healthy, high-performance school building projects. 

øSEC. 5583. LOCAL USES OF FUNDS. 

ø(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— 

ø(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; 

ø(2) meet Federal and State health and safety codes; and 

ø(3) support healthful, energy efficient, and environmentally 

sound practices. 

ø(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: 

ø(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). 

ø(2) To produce a comprehensive analysis of building strategies, designs, materials, and equipment that— 


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ø(A) are cost effective, produce greater energy efficiency, 

and enhance indoor air quality; and 

ø(B) can be used when conducting school construction 

and renovation or purchasing materials and equipment. 

ø(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. 

øSEC. 5584. REPORT TO CONGRESS. 

øThe 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. 

øSEC. 5585. LIMITATIONS. 

No funds received under this subpart may be used for any of the 

following: 

ø(1) Payment of maintenance of costs in connection with any 

projects constructed in whole or in part with Federal funds 

provided under this subpart. 

ø(2) Construction, renovation, or repair of school facilities. 

ø(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. 

øSEC. 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— 

ø(1) use energy-efficient and affordable practices and materials; 

ø(2) are cost-effective; 

ø(3) enhance indoor air quality; and 

ø(4) protect and conserve water.¿ 

* * * * * * * 

øSubpart 20—Additional Assistance for Certain 

Local Educational Agencies Impacted by Federal Property Acquisition 

øSEC. 5601. RESERVATION. 

øThe 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. 

øSEC. 5602. ELIGIBILITY. 

A local educational agency is eligible to receive additional assistance under this subpart only if such agency— 

ø(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; 


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ø(2) provided a free public education to children described 

under subparagraph (A), (B), or (D) of section 8003(a)(1); 

ø(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; 

ø(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 

ø(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. 

øSEC. 5603. MAXIMUM AMOUNT. 

ø(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). 

ø(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. 

ø(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). 

øSubpart 21—Women’s Educational Equity Act 

øSEC. 5611. SHORT TITLE AND FINDINGS. 

ø(a) SHORT TITLE.—This subpart may be cited as the ‘‘Women’s 

Educational Equity Act of 2001’’. 

ø(b) FINDINGS.—Congress finds that— 

ø(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; 

ø(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; 

ø(3) teaching and learning practices in the United States are 

frequently inequitable as such practices relate to women and 

girls, for example— 

ø(A) sexual harassment, particularly that experienced by 

girls, undermines the ability of schools to provide a safe 

and equitable learning or workplace environment; 


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ø(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; 

ø(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 

ø(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; 

ø(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; 

ø(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; 

ø(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 

ø(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. 

øSEC. 5612. STATEMENT OF PURPOSE. 

It is the purpose of this subpart— 

ø(1) to promote gender equity in education in the United 

States; 

ø(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 

ø(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. 

øSEC. 5613. PROGRAMS AUTHORIZED. 

ø(a) IN GENERAL.—The Secretary is authorized— 

ø(1) to promote, coordinate, and evaluate gender equity policies, programs, activities, and initiatives in all Federal education programs and offices; 

ø(2) to develop, maintain, and disseminate materials, resources, analyses, and research relating to education equity for 

women and girls; 

ø(3) to provide information and technical assistance to assure the effective implementation of gender equity programs; 

ø(4) to coordinate gender equity programs and activities with 

other Federal agencies with jurisdiction over education and related programs; 

ø(5) to assist the Director of the Institute of Education 

Sciences in identifying research priorities related to education 

equity for women and girls; and 


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ø(6) to perform any other activities consistent with achieving 

the purposes of this subpart. 

ø(b) GRANTS AUTHORIZED.— 

ø(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— 

ø(A) provide grants to develop model equity programs; 

and 

ø(B) provide funds for the implementation of equity programs in schools throughout the Nation. 

ø(2) SUPPORT AND TECHNICAL ASSISTANCE.—To achieve the 

purposes of this subpart, the Secretary is authorized to provide 

support and technical assistance— 

ø(A) to implement effective gender-equity policies and 

programs at all educational levels, including— 

ø(i) assisting educational agencies and institutions 

to implement policies and practices to comply with 

title IX of the Education Amendments of 1972; 

ø(ii) training for teachers, counselors, administrators, and other school personnel, especially preschool 

and elementary school personnel, in gender equitable 

teaching and learning practices; 

ø(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; 

ø(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; 

ø(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; 

ø(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; 

ø(vii) evaluating exemplary model programs to assess the ability of such programs to advance educational equity for women and girls; 

ø(viii) introduction into the classroom of textbooks, 

curricula, and other materials designed to achieve equity for women and girls; 

ø(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; 


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ø(x) nondiscriminatory tests of aptitude and achievement and of alternative assessments that eliminate biased assessment instruments from use; 

ø(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; 

ø(xii) programs to improve representation of women 

in educational administration at all levels; and 

ø(xiii) planning, development, and initial implementation of— 

ø(I) comprehensive institutionwide or districtwide evaluation to assess the presence or absence 

of gender equity in educational settings; 

ø(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 

ø(III) innovative approaches to school-community partnerships for educational equity; and 

ø(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— 

ø(i) research and development of innovative strategies and model training programs for teachers and 

other education personnel; 

ø(ii) the development of high-quality and challenging assessment instruments that are nondiscriminatory; 

ø(iii) the development and evaluation of model curricula, textbooks, software, and other educational materials to ensure the absence of gender stereotyping 

and bias; 

ø(iv) the development of instruments and procedures 

that employ new and innovative strategies to assess 

whether diverse educational settings are gender equitable; 

ø(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; 

ø(vi) updating high-quality educational materials 

previously developed through awards made under this 

subpart; 

ø(vii) the development of policies and programs to 

address and prevent sexual harassment and violence 


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to ensure that educational institutions are free from 

threats to safety of students and personnel; 

ø(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 

ø(ix) the development of guidance and counseling activities, including career education programs, designed 

to ensure gender equity. 

øSEC. 5614. APPLICATIONS. 

An application under this subpart shall— 

ø(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; 

ø(2) demonstrate how the applicant will address perceptions 

of gender roles based on cultural differences or stereotypes; 

ø(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; 

ø(4) for applications for assistance under section 5613(b)(1), 

demonstrate how parental involvement in the project will be 

encouraged; and 

ø(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. 

øSEC. 5615. CRITERIA AND PRIORITIES. 

ø(a) CRITERIA AND PRIORITIES.— 

ø(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. 

ø(2) CRITERIA.—The criteria described in paragraph (1) may 

include the extent to which the activities assisted under this 

subpart— 

ø(A) address the needs of women and girls of color and 

women and girls with disabilities; 

ø(B) meet locally defined and documented educational 

equity needs and priorities, including compliance with title 

IX of the Education Amendments of 1972; 


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ø(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, vocationaltechnical institution, or other educational agency or institution; and 

ø(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. 

ø(b) PRIORITIES.—In awarding grants under this subpart, the 

Secretary may give special consideration to applications— 

ø(1) submitted by applicants that have not received assistance under this subpart or this subpart’s predecessor authorities; 

ø(2) for projects that will contribute significantly to directly 

improving teaching and learning practices in the local community; and 

ø(3) for projects that will— 

ø(A) provide for a comprehensive approach to enhancing 

gender equity in educational institutions and agencies; 

ø(B) draw on a variety of resources, including the resources of local educational agencies, community-based organizations, institutions of higher education, and private 

organizations; 

ø(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; 

ø(D) address issues of national significance that can be 

duplicated; and 

ø(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. 

ø(c) SPECIAL RULE.—To the extent feasible, the Secretary shall 

ensure that grants awarded under this subpart for each fiscal year 

address— 

ø(1) all levels of education, including preschool, elementary 

and secondary education, higher education, vocational education, and adult education; 

ø(2) all regions of the United States; and 

ø(3) urban, rural, and suburban educational institutions. 

ø(d) COORDINATION.—Research activities supported under this 

subpart— 

ø(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 

ø(2) may include collaborative research activities which are 

jointly funded and carried out with the Institute of Education 

Sciences. 

ø(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. 


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øSEC. 5616. REPORT. 

øNot 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. 

øSEC. 5617. ADMINISTRATION. 

ø(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. 

ø(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. 

øSEC. 5618. AMOUNT. 

øFrom 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 

hardwareø, as described in part D of title II¿. 

* * * * * * * 

TITLE VII—INDIAN, NATIVE HAWAIIAN, 

AND ALASKA NATIVE EDUCATION 

* * * * * * * 

øPART B—NATIVE HAWAIIAN EDUCATION 

øSEC. 7201. SHORT TITLE. 

øThis part may be cited as the ‘‘Native Hawaiian Education Act’’. 


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øSEC. 7202. FINDINGS. 

øCongress finds the following: 

ø(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. 

ø(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. 

ø(3) A unified monarchal government of the Hawaiian Islands was established in 1810 under Kamehameha I, the first 

King of Hawaii. 

ø(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. 

ø(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). 

ø(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’’. 

ø(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. 

ø(8) Through the enactment of the Hawaiian Homes Commission Act, 1920, Congress affirmed the special relationship 

between the United States and the Native Hawaiians, which 

was described by then Secretary of the Interior Franklin K. 

Lane, who said: ‘‘One thing that impressed me . . . was the fact 

that the natives of the island who are our wards, I should say, 


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and for whom in a sense we are trustees, are falling off rapidly 

in numbers and many of them are in poverty.’’. 

ø(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.’’. 

ø(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. 

ø(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. 

ø(12) The United States has recognized and reaffirmed 

that— 

ø(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; 

ø(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; 

ø(C) Congress has also delegated broad authority to administer a portion of the Federal trust responsibility to the 

State of Hawaii; 

ø(D) the political status of Native Hawaiians is comparable to that of American Indians and Alaska Natives; 

and 

ø(E) the aboriginal, indigenous people of the United 

States have— 

ø(i) a continuing right to autonomy in their internal 

affairs; and 

ø(ii) an ongoing right of self-determination and selfgovernance that has never been extinguished. 

ø(13) The political relationship between the United States 

and the Native Hawaiian people has been recognized and reVerDate Mar 15 2010 21:32 Jun 15, 2011 Jkt 099006 PO 00000 Frm 00201 Fmt 6659 Sfmt 6602 E:\HR\OC\HR106.XXX HR106

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affirmed by the United States, as evidenced by the inclusion of 

Native Hawaiians in— 

ø(A) the Native American Programs Act of 1974 (42 

U.S.C. 2991 et seq.); 

ø(B) the American Indian Religious Freedom Act (42 

U.S.C. 1996); 

ø(C) the National Museum of the American Indian Act 

(20 U.S.C. 80q et seq.); 

ø(D) the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.); 

ø(E) the National Historic Preservation Act (16 U.S.C. 

470 et seq.); 

ø(F) the Native American Languages Act (25 U.S.C. 

2901 et seq.); 

ø(G) the American Indian, Alaska Native, and Native 

Hawaiian Culture and Art Development Act (20 U.S.C. 

4401 et seq.); 

ø(H) the Workforce Investment Act of 1998 (29 U.S.C. 

2801 et seq.); and 

ø(I) the Older Americans Act of 1965 (42 U.S.C. 3001 et 

seq.). 

ø(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. 

ø(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. 

ø(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— 

ø(A) educational risk factors continue to start even before birth for many Native Hawaiian children, including— 

ø(i) late or no prenatal care; 

ø(ii) high rates of births by Native Hawaiian women 

who are unmarried; and 

ø(iii) high rates of births to teenage parents; 


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ø(B) Native Hawaiian students continue to begin their 

school experience lagging behind other students in terms 

of readiness factors such as vocabulary test scores; 

ø(C) Native Hawaiian students continue to score below 

national norms on standardized education achievement 

tests at all grade levels; 

ø(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; 

ø(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; 

ø(F) Native Hawaiians continue to be underrepresented 

in institutions of higher education and among adults who 

have completed four or more years of college; 

ø(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— 

ø(i) Native Hawaiian students are more likely to be 

retained in grade level and to be excessively absent in 

secondary school; 

ø(ii) Native Hawaiian students have the highest 

rates of drug and alcohol use in the State of Hawaii; 

and 

ø(iii) Native Hawaiian children continue to be disproportionately victimized by child abuse and neglect; 

and 

ø(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. 

ø(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. 

ø(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. 

ø(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 culVerDate Mar 15 2010 21:32 Jun 15, 2011 Jkt 099006 PO 00000 Frm 00203 Fmt 6659 Sfmt 6602 E:\HR\OC\HR106.XXX HR106

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ture 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.’’. 

ø(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. 

ø(21) The State of Hawaii, in the constitution and statutes 

of the State of Hawaii— 

ø(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; 

ø(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 

ø(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. 

øSEC. 7203. PURPOSES. 

øThe purposes of this part are to— 

ø(1) authorize and develop innovative educational programs 

to assist Native Hawaiians; 

ø(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; 

ø(3) supplement and expand programs and authorities in the 

area of education to further the purposes of this title; and 

ø(4) encourage the maximum participation of Native Hawaiians in planning and management of Native Hawaiian education programs. 

øSEC. 7204. NATIVE HAWAIIAN EDUCATION COUNCIL AND ISLAND 

COUNCILS. 

ø(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’’). 

ø(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. 

ø(c) CONDITIONS AND TERMS.— ø(1) CONDITIONS.—At least 10 members of the Education 

Council shall be Native Hawaiian education service providers 

and 10 members of the Education Council shall be Native Hawaiians or Native Hawaiian education consumers. In addition, 


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a representative of the State of Hawaii Office of Hawaiian Affairs shall serve as a member of the Education Council. 

ø(2) APPOINTMENTS.—The members of the Education Council 

shall be appointed by the Secretary based on recommendations 

received from the Native Hawaiian community. 

ø(3) TERMS.—Members of the Education Council shall serve 

for staggered terms of 3 years, except as provided in paragraph 

(4). 

ø(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. 

ø(d) NATIVE HAWAIIAN EDUCATION COUNCIL GRANT.—The Secretary shall make a direct grant to the Education Council to carry 

out the following activities: 

ø(1) Coordinate the educational and related services and programs available to Native Hawaiians, including the programs 

assisted under this part. 

ø(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. 

ø(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. 

ø(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). 

ø(e) ADDITIONAL DUTIES OF THE EDUCATION COUNCIL.— ø(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. 

ø(2) ANNUAL REPORT.—The Education Council shall prepare 

and submit to the Secretary an annual report on the Education 

Council’s activities. 

ø(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. 

ø(f) ESTABLISHMENT OF ISLAND COUNCILS.— 

ø(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: 


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ø(A) Hawaii. 

ø(B) Maui. 

ø(C) Molokai. 

ø(D) Lanai. 

ø(E) Oahu. 

ø(F) Kauai. 

ø(G) Niihau. 

ø(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. 

ø(g) ADMINISTRATIVE PROVISIONS RELATING TO EDUCATION COUN- CIL 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. 

ø(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. 

ø(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. 

øSEC. 7205. PROGRAM AUTHORIZED. 

ø(a) GENERAL AUTHORITY.— ø(1) GRANTS AND CONTRACTS.—The Secretary is authorized 

to make direct grants to, or enter into contracts with— 

ø(A) Native Hawaiian educational organizations; 

ø(B) Native Hawaiian community-based organizations; 

ø(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 

ø(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. 

ø(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— 

ø(A) beginning reading and literacy among students in 

kindergarten through third grade; 

ø(B) the needs of at-risk children and youth; 

ø(C) needs in fields or disciplines in which Native Hawaiians are underemployed; and 


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ø(D) the use of the Hawaiian language in instruction. 

ø(3) AUTHORIZED ACTIVITIES.—Activities provided through 

programs carried out under this part may include— 

ø(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; 

ø(B) the operation of family-based education centers that 

provide such services as— 

ø(i) programs for Native Hawaiian parents and their 

infants from the prenatal period of the infants through 

age 3; 

ø(ii) preschool programs for Native Hawaiians; and 

ø(iii) research on, and development and assessment 

of, family-based, early childhood, and preschool programs for Native Hawaiians; 

ø(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; 

ø(D) activities to meet the special needs of Native Hawaiian students with disabilities, including— 

ø(i) the identification of such students and their 

needs; 

ø(ii) the provision of support services to the families 

of those students; and 

ø(iii) other activities consistent with the requirements of the Individuals with Disabilities Education 

Act; 

ø(E) activities that address the special needs of Native 

Hawaiian students who are gifted and talented, including— 

ø(i) educational, psychological, and developmental 

activities designed to assist in the educational 

progress of those students; and 

ø(ii) activities that involve the parents of those students in a manner designed to assist in the students’ 

educational progress; 

ø(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; 

ø(G) professional development activities for educators, 

including— 

ø(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; 

ø(ii) in-service programs to improve the ability of 

teachers who teach in schools with concentrations of 

Native Hawaiian students to meet those students’ 

unique needs; and 


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ø(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; 

ø(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— 

ø(i) preschool programs; 

ø(ii) after-school programs; 

ø(iii) vocational and adult education programs; and 

ø(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; 

ø(I) activities, including program co-location, to enable 

Native Hawaiians to enter and complete programs of postsecondary education, including— 

ø(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; 

ø(ii) family literacy services; 

ø(iii) counseling and support services for students 

receiving scholarship assistance; 

ø(iv) counseling and guidance for Native Hawaiian 

secondary students who have the potential to receive 

scholarships; and 

ø(v) faculty development activities designed to promote the matriculation of Native Hawaiian students; 

ø(J) research and data collection activities to determine 

the educational status and needs of Native Hawaiian children and adults; 

ø(K) other research and evaluation activities related to 

programs carried out under this part; and 

ø(L) other activities, consistent with the purposes of this 

part, to meet the educational needs of Native Hawaiian 

children and adults. 

ø(4) SPECIAL RULE AND CONDITIONS.— 

ø(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). 

ø(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. 


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ø(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. 

ø(c) AUTHORIZATION OF APPROPRIATIONS.— 

ø(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. 

ø(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. 

ø(3) AVAILABILITY.—Funds appropriated under this subsection shall remain available until expended. 

øSEC. 7206. ADMINISTRATIVE PROVISIONS. 

ø(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. 

ø(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. 

øSEC. 7207. DEFINITIONS. 

øIn this part: 

ø(1) NATIVE HAWAIIAN.—The term ‘‘Native Hawaiian’’ means 

any individual who is— 

ø(A) a citizen of the United States; and 

ø(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— 

ø(i) genealogical records; 

ø(ii) Kupuna (elders) or Kamaaina (long-term community residents) verification; or 

ø(iii) certified birth records. 

ø(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. 

ø(3) NATIVE HAWAIIAN EDUCATIONAL ORGANIZATION.—The 

term ‘‘Native Hawaiian educational organization’’ means a private nonprofit organization that— 

ø(A) serves the interests of Native Hawaiians; 

ø(B) has Native Hawaiians in substantive and policymaking positions within the organization; 

ø(C) incorporates Native Hawaiian perspective, values, 

language, culture, and traditions into the core function of 

the organization; 


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ø(D) has demonstrated expertise in the education of Native Hawaiian youth; and 

ø(E) has demonstrated expertise in research and program development. 

ø(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. 

ø(5) NATIVE HAWAIIAN ORGANIZATION.—The term ‘‘Native Hawaiian organization’’ means a private nonprofit organization 

that— 

ø(A) serves the interests of Native Hawaiians; 

ø(B) has Native Hawaiians in substantive and policymaking positions within the organization; and 

ø(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. 

ø(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. 

øPART C—ALASKA NATIVE EDUCATION 

øSEC. 7301. SHORT TITLE. 

øThis part may be cited as the ‘‘Alaska Native Educational Equity, Support, and Assistance Act’’. 

øSEC. 7302. FINDINGS. 

øCongress finds and declares the following: 

ø(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. 

ø(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. 

ø(3) Alaska Native children enter and exit school with serious educational handicaps. 

ø(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. 

ø(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. 

ø(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. 


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ø(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. 

øSEC. 7303. PURPOSES. 

øThe purposes of this part are as follows: 

ø(1) To recognize the unique educational needs of Alaska Natives. 

ø(2) To authorize the development of supplemental educational programs to benefit Alaska Natives. 

ø(3) To supplement existing programs and authorities in the 

area of education to further the purposes of this part. 

ø(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. 

øSEC. 7304. PROGRAM AUTHORIZED. 

ø(a) GENERAL AUTHORITY.— 

ø(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. 

ø(2) PERMISSIBLE ACTIVITIES.—Activities provided through 

programs carried out under this part may include the following: 

ø(A) The development and implementation of plans, 

methods, and strategies to improve the education of Alaska Natives. 

ø(B) The development of curricula and educational programs that address the educational needs of Alaska Native 

students, including the following: 

ø(i) Curriculum materials that reflect the cultural 

diversity or the contributions of Alaska Natives. 

ø(ii) Instructional programs that make use of Native 

Alaskan languages. 

ø(iii) Networks that introduce successful programs, 

materials, and techniques to urban and rural schools. 

ø(C) Professional development activities for educators, 

including the following: 

ø(i) Programs to prepare teachers to address the cultural diversity and unique needs of Alaska Native students. 

ø(ii) In-service programs to improve the ability of 

teachers to meet the unique needs of Alaska Native 

students. 

ø(iii) Recruitment and preparation of teachers who 

are Alaska Native, reside in communities with high 

concentrations of Alaska Native students, or are likely 


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to succeed as teachers in isolated, rural communities 

and engage in cross-cultural instruction in Alaska. 

ø(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. 

ø(E) Family literacy services. 

ø(F) The development and operation of student enrichment programs in science and mathematics that— 

ø(i) are designed to prepare Alaska Native students 

from rural areas, who are preparing to enter secondary school, to excel in science and math; 

ø(ii) provide appropriate support services to the families of such students that are needed to enable such 

students to benefit from the programs; and 

ø(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. 

ø(G) Research and data collection activities to determine 

the educational status and needs of Alaska Native children 

and adults. 

ø(H) Other research and evaluation activities related to 

programs carried out under this part. 

ø(I) Remedial and enrichment programs to assist Alaska 

Native students in performing at a high level on standardized tests. 

ø(J) Education and training of Alaska Native students 

enrolled in a degree program that will lead to certification 

or licensing as teachers. 

ø(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. 

ø(L) Cultural education programs operated by the Alaska Native Heritage Center and designed to share the Alaska Native culture with students. 

ø(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. 

ø(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. 

ø(O) Other early learning and preschool programs. 

ø(P) Dropout prevention programs operated by the Cook 

Inlet Tribal Council’s Partners for Success program. 

ø(Q) An Alaska Initiative for Community Engagement 

program. 

ø(R) Career preparation activities to enable Alaska Native children and adults to prepare for meaningful employVerDate Mar 15 2010 21:32 Jun 15, 2011 Jkt 099006 PO 00000 Frm 00212 Fmt 6659 Sfmt 6602 E:\HR\OC\HR106.XXX HR106

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ment, including programs providing tech-prep, mentoring, 

training, and apprenticeship activities. 

ø(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. 

ø(T) Other activities, consistent with the purposes of this 

part, to meet the educational needs of Alaska Native children and adults. 

ø(3) HOME INSTRUCTION PROGRAMS.—Home instruction programs for Alaska Native preschool children carried out under 

paragraph (2)(D) may include the following: 

ø(A) Programs for parents and their infants, from the 

prenatal period of the infant through age 3. 

ø(B) Preschool programs. 

ø(C) Training, education, and support for parents in 

such areas as reading readiness, observation, story telling, 

and critical thinking. 

ø(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. 

ø(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. 

ø(d) AUTHORIZATION OF APPROPRIATIONS.— ø(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. 

ø(2) AVAILABILITY OF FUNDS.—Of the funds appropriated and 

made available under this section for a fiscal year, the Secretary shall make available— 

ø(A) not less than $1,000,000 to support activities described in subsection (a)(2)(K); 

ø(B) not less than $1,000,000 to support activities described in subsection (a)(2)(L); 

ø(C) not less than $1,000,000 to support activities described in subsection (a)(2)(M); 

ø(D) not less than $2,000,000 to support activities described in subsection (a)(2)(P); and 

ø(E) not less than $2,000,000 to support activities described in subsection (a)(2)(Q). 

øSEC. 7305. ADMINISTRATIVE PROVISIONS. 

ø(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. 

ø(b) APPLICATIONS.—A State educational agency or local educational agency may apply for an award under this part only as 


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part of a consortium involving an Alaska Native organization. The 

consortium may include other eligible applicants. 

ø(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. 

ø(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. 

øSEC. 7306. DEFINITIONS. 

øIn this part: 

ø(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. 

ø(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— 

ø(A) has or commits to acquire expertise in the education of Alaska Natives; and 

ø(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) * * * 

* * * * * * * 

ø(13) COVERED PROGRAM.—The term ‘‘covered program’’ 

means each of the programs authorized by— 

ø(A) part A of title I; 

ø(B) subpart 3 of part B of title I; 

ø(C) part C of title I; 

ø(D) part D of title I; 

ø(E) part F of title I; 

ø(F) part A of title II; 

ø(G) part D of title II; 

ø(H) part A of title III; 

ø(I) part A of title IV; 

ø(J) part B of title IV; 

ø(K) part A of title V; and 

ø(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; 


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(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 ø(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.— 

ø(1) IN GENERAL.—This section applies to programs under— 

ø(A) subparts 1 and 3 of part B of title I; 

ø(B) part C of title I; 

ø(C) part A of title II, to the extent provided in paragraph (3); 

ø(D) part B of title II; 

ø(E) part D of title II; 

ø(F) part A of title III; 

ø(G) part A of title IV; and 

ø(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. 

* * * * * * * 


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1OECD Programme for International Student Assessment (PISA) (2009). Available at: 

www.oecd.org/edu/pisa/2009. 2 20 U.S.C. ch. 70. 

3Supra note 1. 

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. 

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

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 globVerDate Mar 15 2010 21:32 Jun 15, 2011 Jkt 099006 PO 00000 Frm 00216 Fmt 6604 Sfmt 6604 E:\HR\OC\HR106.XXX HR106

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4Kendziora, K., & Osher, D., ‘‘Starting to Turn Schools Around: The Academic Outcomes of 

the Safe Schools, Successful Students Initiative,’’ American Institutes for Research (2009). 

al education system, the Majority’s bill chooses to eliminate literacy 

services for students. 

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


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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. 6Government 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. 7Streamlining 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). 

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

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. 

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 

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8Marzano, R. J., Waters, T., & McNulty, B., ‘‘School Leadership that Works: From Research 

to Results,’’ Association for Supervision and Curriculum Development (2005). 9Kane, T. J., & Staiger, D. O., ‘‘Estimating Teacher Impacts on Student Achievement: An Experimental Evaluation,’’ National Bureau of Economic Research (2008). 10 Alliance for Excellent Education, ‘‘About the Crisis,’’ available at: http://www.all4ed.org/ 

aboutlthelcrisis. 

utable 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 highfunctioning 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. 

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

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 

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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. 12P.L. 107–110. 

ment 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. 

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. 

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 


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13 National Assessment of Educational Progress (2008). Available at: http://nces.ed.gov/ 

nationsreportcard. 14 Balfanz, R.and Legters, N., ‘‘Locating the Drop Out Crisis’’ (Sept. 2004). Available at: http:// 

www.csos.jhu.edu/crespar/techReports/Report70.pdf. 

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

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

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: 


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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 

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15Full-Year Continuing Appropriations Act, 2011. 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. 

cational 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. 

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


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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. 

RUBE ́ N HINOJOSA. 

RAU ́ L M. GRIJALVA. 

CAROLYN MCCARTHY. 

DAVID WU. 

RUSH D. HOLT. 

SUSAN A. DAVIS. 

Æ 


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