103D CONGRESS

2D SESSION H. R. 6

AMENDMENT
In the Senate of the United States,

August 2 (legislative day, July 20), 1994.

Resolved, That the bill from the House of Representatives (H.R. 6) entitled ‘‘An Act to extend for five years the

authorizations of appropriations for the programs under the

Elementary and Secondary Education Act of 1965, and for

certain other purposes’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Improving America’s

3 Schools Act of 1994’’.

4 SEC. 2. ORGANIZATION OF THE ACT.

5 This Act is organized into the following titles:
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TITLE I—AMENDMENTS TO THE ELEMENTARY AND SECONDARY

EDUCATION ACT OF 1965

TITLE II—AMENDMENTS TO THE GENERAL EDUCATION

PROVISIONS ACT

TITLE III—AMENDMENTS TO OTHER ACTS

TITLE IV—MISCELLANEOUS

TITLE V—WORKERS TECHNOLOGY SKILL DEVELOPMENT

TITLE VI—MULTIETHNIC PLACEMENT

TITLE VII—ALBERT EINSTEIN DISTINGUISHED EDUCATOR

FELLOWSHIP ACT

TITLE VIII—1994 INSTITUTIONS

1 SEC. 3. EFFECTIVE DATES; TRANSITION.

2 (a) EFFECTIVE DATES.—

3 (1) TITLE I.—The amendment made by title I of

4 this Act shall take effect July 1, 1995, except that

5 those provisions of title I that apply to programs

6 under part A of title IX of the Elementary and Sec7 ondary Education Act of 1965, as amended by this

8 Act, and to programs under such Act that are con9 ducted on a competitive basis, shall be effective with

10 respect to appropriations for use under such pro11 grams for fiscal year 1995 and for subsequent fiscal

12 years.

13 (2) TITLE II.—Title II of this Act and the

14 amendments made by title II of this Act shall take ef15 fect on the date of enactment of this Act, except that

16 section 250 of such title shall be effective—
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1 (A) July 1, 1995 for noncompetitive pro2 grams in which funds are allocated on the basis

3 of a formula; and

4 (B) for programs that are conducted on a

5 competitive basis, with respect to appropriations

6 for use under such programs in fiscal year 1995

7 and in subsequent fiscal years.

8 (3) TITLE III.—(A) Parts A and B of title III

9 of this Act and the amendments made by such parts

10 shall take effect on July 1, 1995.

11 (B) Part C of title III of this Act and the

12 amendments made by such part shall take effect on

13 October 1, 1994.

14 (b) TRANSITION.—Notwithstanding any other provi15 sion of law, a recipient of funds under the Elementary and

16 Secondary Education Act of 1965, as such Act was in effect

17 on the day preceding the date of enactment of this Act, may

18 use funds available to such recipient under such predecessor

19 authority to carry out necessary and reasonable planning

20 and transition activities in order to ensure a smooth imple21 mentation of programs authorized by this Act.
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1 TITLE I—AMENDMENTS TO THE

2 ELEMENTARY AND SECOND3 ARY EDUCATION ACT OF 1965

4 SEC. 101. AMENDMENTS TO THE ELEMENTARY AND SEC5 ONDARY EDUCATION ACT OF 1965.

6 The Elementary and Secondary Education Act of 1965

7 (20 U.S.C. 2701 et seq.) is amended to read as follows:

8 ‘‘SECTION 1. SHORT TITLE.

9 ‘‘This Act may be cited as the ‘Elementary and Sec10 ondary Education Act of 1965’.

11 ‘‘SEC. 2. TABLE OF CONTENTS.

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

‘‘Sec. 1. Short title.

‘‘Sec. 2. Table of contents.

‘‘TITLE I—HELPING CHILDREN IN NEED MEET HIGH STANDARDS

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

‘‘Sec. 1002. Authorization of appropriations.

‘‘PART A—MAKING HIGH-POVERTY SCHOOLS WORK

‘‘SUBPART 1—BASIC PROGRAM REQUIREMENTS

‘‘Sec. 1111. State plans.

‘‘Sec. 1112. Local educational agency plans.

‘‘Sec. 1113. Eligible school attendance areas.

‘‘Sec. 1114. Schoolwide programs.

‘‘Sec. 1115. Targeted assistance schools.

‘‘Sec. 1116. Parental involvement.

‘‘Sec. 1117. Participation of children enrolled in private schools.

‘‘Sec. 1118. Assessment and local educational agency and school improvement.

‘‘Sec. 1119. State assistance for schools support and improvement.

‘‘Sec. 1120. Fiscal requirements.

‘‘SUBPART 2—ALLOCATIONS

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

‘‘Sec. 1122. Allocations to States.

‘‘Sec. 1123. Grants to States.

‘‘Sec. 1124. Within State allocations.
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‘‘PART B—TRANSITION TO SUCCESS

‘‘Sec. 1201. Transition to success.

‘‘Sec. 1202. Coordination requirements.

‘‘Sec. 1203. Definitions.

‘‘PART C—EVEN START FAMILY LITERACY PROGRAMS

‘‘Sec. 1301. Statement of purpose.

‘‘Sec. 1302. Program authorized.

‘‘Sec. 1303. State programs.

‘‘Sec. 1304. Uses of funds.

‘‘Sec. 1305. Program elements.

‘‘Sec. 1306. Eligible participants.

‘‘Sec. 1307. Applications.

‘‘Sec. 1308. Award of subgrants.

‘‘Sec. 1309. Evaluation.

‘‘Sec. 1310. Construction.

‘‘PART D—EDUCATION OF MIGRATORY CHILDREN

‘‘Sec. 1401. Program purpose.

‘‘Sec. 1402. Program authorized.

‘‘Sec. 1403. State allocations.

‘‘Sec. 1404. State applications; services.

‘‘Sec. 1405. Secretarial approval; peer review.

‘‘Sec. 1406. Comprehensive needs assessment and service-delivery plan; authorized

activities.

‘‘Sec. 1407. Bypass.

‘‘Sec. 1408. Coordination of migrant education activities.

‘‘PART E—EDUCATION FOR NEGLECTED AND DELINQUENT YOUTH

‘‘Sec. 1501. Purpose; program authorized.

‘‘Sec. 1502. Eligibility.

‘‘Sec. 1503. Allocation of funds.

‘‘Sec. 1504. State reallocation of funds.

‘‘Sec. 1505. State plan and State agency applications.

‘‘Sec. 1506. Use of funds.

‘‘Sec. 1507. Institution-wide projects.

‘‘Sec. 1508. Three-year projects.

‘‘Sec. 1509. Program evaluations.

‘‘Sec. 1510. Transition services.

‘‘Sec. 1511. Definitions.

‘‘PART F—FEDERAL EVALUATIONS AND DEMONSTRATIONS

‘‘Sec. 1601. Evaluations.

‘‘Sec. 1602. Demonstrations of innovative practices.

‘‘PART G—GENERAL PROVISIONS

‘‘Sec. 1701. Federal regulations.

‘‘Sec. 1702. State administration.

‘‘Sec. 1703. Construction.

‘‘Sec. 1704. Reservation of funds for territories.
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‘‘PART H—EDUCATIONAL OPPORTUNITY DEMONSTRATION PROGRAM

‘‘Sec. 1801. Findings and purposes.

‘‘Sec. 1802. Definitions.

‘‘Sec. 1803. Program authorized.

‘‘Sec. 1804. Applications.

‘‘Sec. 1805. Selection of grantees.

‘‘Sec. 1806. Study commissioned.

‘‘Sec. 1807. Construction.

‘‘TITLE II—IMPROVING TEACHING AND LEARNING

‘‘PART A—DWIGHT D. EISENHOWER PROFESSIONAL DEVELOPMENT PROGRAM

‘‘Sec. 2101. Findings.

‘‘Sec. 2102. Purposes.

‘‘Sec. 2103. Authorization of appropriations; allocation between subparts.

‘‘SUBPART 1—FEDERAL ACTIVITIES

‘‘Sec. 2111. Program authorized.

‘‘Sec. 2112. Authorized activities.

‘‘Sec. 2113. Eisenhower National Clearinghouse for Mathematics and Science

Education.

‘‘Sec. 2114. National Teacher Training Project.

‘‘SUBPART 2—STATE AND LOCAL ACTIVITIES

‘‘Sec. 2121. Program authorized.

‘‘Sec. 2122. Allocation of funds.

‘‘Sec. 2123. Within-State allocations.

‘‘Sec. 2124. Priority for professional development in mathematics and science.

‘‘Sec. 2125. State applications.

‘‘Sec. 2126. State level activities.

‘‘Sec. 2127. Local educational agency applications.

‘‘Sec. 2128. Local cost-sharing.

‘‘Sec. 2129. Local allocation of funds and allowable activities.

‘‘Sec. 2130. Higher education activities.

‘‘Sec. 2131. Consortium requirement.

‘‘SUBPART 3—PROFESSIONAL DEVELOPMENT DEMONSTRATION PROJECT

‘‘Sec. 2141. Findings and purpose.

‘‘Sec. 2142. Demonstration program authorized.

‘‘Sec. 2143. Grants.

‘‘Sec. 2144. Plan.

‘‘Sec. 2145. Technical assistance.

‘‘Sec. 2146. Matching funds.

‘‘SUBPART 4—GENERAL PROVISIONS

‘‘Sec. 2151. Reporting and accountability.

‘‘Sec. 2152. Definitions.

‘‘PART B—NATIONAL WRITING PROJECT

‘‘Sec. 2201. Short title.

‘‘Sec. 2202. Findings.

‘‘Sec. 2203. National Writing Project.
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‘‘PART C—SUPPORT AND ASSISTANCE FOR ESEA PROGRAMS

‘‘SUBPART 1—COMPREHENSIVE REGIONAL CENTERS

‘‘Sec. 2301. Findings.

‘‘Sec. 2302. Purpose.

‘‘Sec. 2303. Program authorized.

‘‘Sec. 2304. Eligible entities.

‘‘Sec. 2305. Comprehensive regional centers.

‘‘Sec. 2306. Information collection and evaluation.

‘‘Sec. 2307. Transition.

‘‘Sec. 2308. Authorization of appropriations.

‘‘SUBPART 2—NATIONAL DIFFUSION NETWORK

‘‘Sec. 2311. Program authorized.

‘‘Sec. 2312. Authorization of appropriations.

‘‘SUBPART 3—EISENHOWER REGIONAL MATHEMATICS AND SCIENCE EDUCATION

CONSORTIUMS

‘‘Sec. 2321. Program established.

‘‘Sec. 2322. Use of funds.

‘‘Sec. 2323. Application and review.

‘‘Sec. 2324. Regional boards.

‘‘Sec. 2325. Payments; Federal share; non-Federal share.

‘‘Sec. 2326. Evaluation.

‘‘Sec. 2327. Definitions.

‘‘Sec. 2328. Authorization of appropriations.

‘‘PART D—TERRITORIAL TEACHER TRAINING PROGRAM

‘‘Sec. 2401. Territorial teacher training program.

‘‘PART E—TELECOMMUNICATIONS DEMONSTRATION PROJECT FOR

MATHEMATICS

‘‘Sec. 2501. Project authorized.

‘‘Sec. 2502. Application required.

‘‘Sec. 2503. Authorization of appropriations.

‘‘TITLE III—TECHNOLOGY FOR EDUCATION

‘‘Sec. 3001. Short title.

‘‘PART A—TECHNOLOGY FOR EDUCATION FOR ALL STUDENTS

‘‘Sec. 3111. Findings.

‘‘Sec. 3112. Statement of purpose.

‘‘Sec. 3113. Definitions.

‘‘SUBPART 1—NATIONAL PROGRAMS IN TECHNOLOGY FOR EDUCATION

‘‘Sec. 3121. Purposes.

‘‘Sec. 3122. Federal leadership.

‘‘Sec. 3123. Regional technical support and professional development.

‘‘Sec. 3124. Educational technology product development.

‘‘Sec. 3125. Research on educational applications of advanced technologies.

‘‘Sec. 3126. High performance computing and telecommunications networks for

education.
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‘‘Sec. 3127. Study, evaluation and report of funding alternatives.

‘‘SUBPART 2—STATE AND LOCAL PROGRAMS FOR SCHOOL TECHNOLOGY

RESOURCES, TECHNICAL SUPPORT, AND PROFESSIONAL DEVELOPMENT

‘‘Sec. 3131. Statement of purpose.

‘‘Sec. 3132. School technology resource grants.

‘‘SUBPART 3—SPECIAL RULE APPLICABLE TO APPROPRIATIONS

‘‘Sec. 3141. Special rule.

‘‘PART B—STAR SCHOOLS PROGRAM

‘‘Sec. 3201. Short title.

‘‘Sec. 3202. Purpose.

‘‘Sec. 3203. Grants authorized.

‘‘Sec. 3204. Eligible telecommunications partnerships.

‘‘Sec. 3205. Applications.

‘‘Sec. 3206. Leadership and evaluation activities.

‘‘Sec. 3207. Administrative provisions.

‘‘Sec. 3208. Other assistance.

‘‘Sec. 3209. Definitions.

‘‘PART C—READY-TO-LEARN TELEVISION

‘‘Sec. 3301. Ready-to-learn.

‘‘Sec. 3302. Educational programming.

‘‘Sec. 3303. Duties of Secretary.

‘‘Sec. 3304. Applications.

‘‘Sec. 3305. Reports and evaluation.

‘‘Sec. 3306. Administrative costs.

‘‘Sec. 3307. Definition.

‘‘Sec. 3308. Authorization of appropriations.

‘‘PART D—ELEMENTARY MATHEMATICS AND SCIENCE EQUIPMENT PROGRAM

‘‘Sec. 3401. Short title.

‘‘Sec. 3402. Statement of purpose.

‘‘Sec. 3403. Program authorized.

‘‘Sec. 3404. Allotments of funds.

‘‘Sec. 3405. State application.

‘‘Sec. 3406. Local application.

‘‘Sec. 3407. Program requirements.

‘‘Sec. 3408. Federal administration.

‘‘Sec. 3409. Authorization of appropriations.

‘‘PART E—ELEMENTARY AND SECONDARY SCHOOL LIBRARY MEDIA

RESOURCES PROGRAM

‘‘Sec. 3501. Program authorized.

‘‘Sec. 3502. Funding requirements.

‘‘Sec. 3503. State plans.

‘‘Sec. 3504. Distribution of allocation to local educational agencies.

‘‘PART F—BUDDY SYSTEM COMPUTER EDUCATION

‘‘Sec. 3601. Short title.

‘‘Sec. 3602. Purpose.
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‘‘Sec. 3603. Grant authorization.

‘‘Sec. 3604. Program requirements.

‘‘Sec. 3605. Applications.

‘‘Sec. 3606. Use of funds.

‘‘Sec. 3607. Evaluation.

‘‘Sec. 3608. Authorization of appropriations.

‘‘TITLE IV—MAGNET SCHOOLS ASSISTANCE

‘‘Sec. 4101. Findings.

‘‘Sec. 4102. Statement of purpose.

‘‘Sec. 4103. Program authorized.

‘‘Sec. 4104. Definition.

‘‘Sec. 4105. Eligibility.

‘‘Sec. 4106. Applications and requirements.

‘‘Sec. 4107. Priority.

‘‘Sec. 4108. Use of funds.

‘‘Sec. 4109. Prohibitions.

‘‘Sec. 4110. Limitation on payments.

‘‘Sec. 4111. Innovative programs.

‘‘Sec. 4112. Authorization of appropriations; reservation.

‘‘TITLE V—BETTER SCHOOLS FOR AMERICA

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

‘‘Sec. 5101. Findings.

‘‘Sec. 5102. Purpose.

‘‘Sec. 5103. Authorization of appropriations.

‘‘SUBPART 1—STATE GRANTS FOR DRUG AND VIOLENCE PREVENTION PROGRAMS

‘‘Sec. 5111. Reservations and allotments.

‘‘Sec. 5112. State applications.

‘‘Sec. 5113. State and local educational agency programs.

‘‘Sec. 5114. Governor’s programs.

‘‘Sec. 5115. Local applications.

‘‘Sec. 5116. Local drug and violence prevention programs.

‘‘Sec. 5117. Evaluation and reporting.

‘‘Sec. 5118. Programs for Hawaiian Natives.

‘‘SUBPART 2—NATIONAL PROGRAMS

‘‘Sec. 5121. Federal activities.

‘‘Sec. 5122. Grants to institutions of higher education.

‘‘SUBPART 3—GENERAL PROVISIONS

‘‘Sec. 5131. Definitions.

‘‘Sec. 5132. Materials.

‘‘Sec. 5133. Prohibited uses of funds.

‘‘PART B—ASSISTANCE TO ADDRESS SCHOOL DROPOUT PROBLEMS

‘‘Sec. 5201. Short title.

‘‘Sec. 5202. Purpose.

‘‘Sec. 5203. Grants to local educational agencies.

‘‘Sec. 5204. Application.

‘‘Sec. 5205. Authorized activities.
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‘‘Sec. 5206. Distribution of assistance; limitation on costs.

‘‘Sec. 5207. Reports.

‘‘Sec. 5208. Authorization of appropriations.

‘‘TITLE VI—INDIAN EDUCATION

‘‘Sec. 6001. Findings.

‘‘Sec. 6002. Purpose.

‘‘PART A—FORMULA GRANTS TO LOCAL EDUCATIONAL AGENCIES

‘‘Sec. 6101. Purpose.

‘‘Sec. 6102. Grants to local educational agencies.

‘‘Sec. 6103. Amount of grants.

‘‘Sec. 6104. Applications.

‘‘Sec. 6105. Authorized services and activities.

‘‘Sec. 6106. Student eligibility and forms.

‘‘Sec. 6107. Payments.

‘‘PART B—SPECIAL PROGRAMS AND PROJECTS TO IMPROVE EDUCATIONAL

OPPORTUNITIES FOR INDIAN CHILDREN

‘‘Sec. 6201. Improvement of educational opportunities for Indian children.

‘‘Sec. 6202. Professional development.

‘‘Sec. 6203. Fellowships for Indian students.

‘‘Sec. 6204. Gifted and talented.

‘‘Sec. 6205. Grants for evaluation and technical assistance.

‘‘Sec. 6206. Grants to tribes for education administrative planning and development.

‘‘PART C—SPECIAL PROGRAMS RELATING TO ADULT EDUCATION FOR INDIANS

‘‘Sec. 6301. Improvment of educational opportunities for adult Indians.

‘‘PART D—NATIONAL RESEARCH ACTIVITIES

‘‘Sec. 6401. National activities.

‘‘PART E—FEDERAL ADMINISTRATION

‘‘Sec. 6501. National advisory council on Indian education.

‘‘Sec. 6502. Peer review.

‘‘Sec. 6503. Preference for Indian applicants.

‘‘Sec. 6504. Minimum grant criteria.

‘‘PART E—DEFINITIONS; AUTHORIZATIONS OF APPROPRIATIONS

‘‘Sec. 6601. Definitions.

‘‘Sec. 6602. Authorizations of appropriations.

‘‘Sec. 6603. Cross references.

‘‘TITLE VII—LANGUAGE ENHANCEMENT AND ACQUISITION

PROGRAMS

‘‘PART A—BILINGUAL EDUCATION PROGRAMS

‘‘Sec. 7101. Short title.

‘‘Sec. 7102. Findings.

‘‘Sec. 7103. Policy; authorization of appropriations.
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‘‘Sec. 7104. Definitions.

‘‘Sec. 7105. Native American and Alaska Native children in school.

‘‘SUBPART 1—FINANCIAL ASSISTANCE FOR BILINGUAL EDUCATION

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

‘‘SUBPART 2—RESEARCH AND EVALUATION

‘‘Sec. 7121. Authority.

‘‘Sec. 7122. Research.

‘‘Sec. 7123. Academic excellence awards.

‘‘Sec. 7124. State grant program.

‘‘Sec. 7125. National Clearinghouse for Bilingual Education.

‘‘Sec. 7126. Evaluations.

‘‘SUBPART 3—PROFESSIONAL DEVELOPMENT

‘‘Sec. 7131. Purpose.

‘‘Sec. 7132. Professional development grants.

‘‘Sec. 7133. Fellowships.

‘‘Sec. 7134. Stipends.

‘‘PART B—FOREIGN LANGUAGE ASSISTANCE PROGRAM

‘‘Sec. 7201. Short title.

‘‘Sec. 7202. Findings.

‘‘Sec. 7203. Program authorized.

‘‘Sec. 7204. Applications.

‘‘Sec. 7205. Elementary school foreign language incentive program.

‘‘Sec. 7206. Authorization of appropriations.

‘‘PART C—ADMINISTRATION

‘‘Sec. 7301. Coordination with related programs.

‘‘Sec. 7302. Report on bilingual education.

‘‘Sec. 7303. State educational agency recommendations; peer review.

‘‘PART D—SPECIAL RULE

‘‘Sec. 7401. Special rule.

‘‘TITLE VIII—PROGRAMS OF NATIONAL SIGNIFICANCE

‘‘PART A—ARTS IN EDUCATION

‘‘Sec. 8101. Support for arts education.

‘‘PART B—INEXPENSIVE BOOK DISTRIBUTION PROGRAM

‘‘Sec. 8151. Inexpensive book distribution program for reading motivation.

‘‘PART C—PUBLIC CHARTER SCHOOLS

‘‘Sec. 8201. Findings and purpose.

‘‘Sec. 8202. Program authorized.

‘‘Sec. 8203. Applications.

‘‘Sec. 8204. Administration.

‘‘Sec. 8205. National activities.

‘‘Sec. 8206. Definitions.
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‘‘Sec. 8207. Authorization of appropriations.

‘‘PART D—CIVIC EDUCATION

‘‘Sec. 8251. Instruction on the history and principles of democracy in the United

States.

‘‘Sec. 8252. Instruction in civics, government, and the law.

‘‘Sec. 8253. Report; authorization of appropriations.

‘‘PART E—ALLEN J. ELLENDER FELLOWSHIP PROGRAM

‘‘Sec. 8301. Findings.

‘‘SUBPART 1—PROGRAM FOR MIDDLE AND SECONDARY SCHOOL STUDENTS

‘‘Sec. 8311. Establishment.

‘‘Sec. 8312. Applications.

‘‘SUBPART 2—PROGRAM FOR MIDDLE AND SECONDARY SCHOOL TEACHERS

‘‘Sec. 8321. Establishment.

‘‘Sec. 8322. Applications.

‘‘SUBPART 3—PROGRAMS FOR RECENT IMMIGRANTS, STUDENTS OF MIGRANT

PARENTS AND OLDER AMERICANS

‘‘Sec. 8331. Establishment.

‘‘Sec. 8332. Applications.

‘‘SUBPART 4—GENERAL PROVISIONS

‘‘Sec. 8341. Administrative provisions.

‘‘Sec. 8342. Authorization of appropriations.

‘‘PART F—GIFTED AND TALENTED CHILDREN

‘‘Sec. 8401. Short title.

‘‘Sec. 8402. Findings and purposes.

‘‘Sec. 8403. Construction.

‘‘Sec. 8404. Authorized programs.

‘‘Sec. 8405. Program priorities.

‘‘Sec. 8406. General provisions.

‘‘Sec. 8407. Authorization of appropriations.

‘‘PART G—WOMEN’S EDUCATIONAL EQUITY

‘‘Sec. 8451. Short title; findings.

‘‘Sec. 8452. Statement of purposes.

‘‘Sec. 8453. Program authorized.

‘‘Sec. 8454. Applications.

‘‘Sec. 8455. Criteria and priorities.

‘‘Sec. 8456. Report.

‘‘Sec. 8457. Evaluation and dissemination.

‘‘Sec. 8458. Authorization of appropriations.

‘‘PART H—FUND FOR THE IMPROVEMENT OF EDUCATION

‘‘Sec. 8501. Fund for the Improvement of Education.
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‘‘PART I—BLUE RIBBON SCHOOLS

‘‘Sec. 8551. Blue Ribbon Schools program.

‘‘PART J—NATIONAL STUDENT AND PARENT MOCK ELECTION

‘‘Sec. 8601. National student and parent mock election.

‘‘PART K—ELEMENTARY SCHOOL COUNSELING DEMONSTRATION

‘‘Sec. 8651. Short title.

‘‘Sec. 8652. Findings and purpose.

‘‘Sec. 8653. Authorization of appropriations.

‘‘Sec. 8654. Program authority.

‘‘Sec. 8655. Applications.

‘‘Sec. 8656. Use of funds.

‘‘Sec. 8657. Definitions.

‘‘PART L—21ST CENTURY COMMUNITY LEARNING CENTERS

‘‘Sec. 8701. Short title.

‘‘Sec. 8702. Findings.

‘‘Sec. 8703. Program authorization.

‘‘Sec. 8704. Application required.

‘‘Sec. 8705. Uses of funds.

‘‘Sec. 8706. Definitions.

‘‘Sec. 8707. Authorization of appropriations.

‘‘PART M—MODEL PROJECTS

‘‘Sec. 8751. Model projects.

‘‘PART N—EXTENDING TIME FOR LEARNING

‘‘Sec. 8801. Findings.

‘‘Sec. 8802. Purpose.

‘‘Sec. 8803. Program authorized.

‘‘Sec. 8804. Application.

‘‘Sec. 8805. Authorized activities.

‘‘Sec. 8806. Administration.

‘‘Sec. 8807. Definitions.

‘‘Sec. 8808. Authorization of appropriations.

‘‘PART O—LONGER SCHOOL YEAR

‘‘Sec. 8851. Short title.

‘‘Sec. 8852. Findings.

‘‘Sec. 8853. Purpose.

‘‘Sec. 8854. Program authorized.

‘‘Sec. 8855. Application.

‘‘Sec. 8856. Appropriations authorization.

‘‘PART P—CREATING SMALLER LEARNING COMMUNITIES

‘‘Sec. 8871. Findings.

‘‘Sec. 8872. Purpose.

‘‘Sec. 8873. Program authorized.

‘‘Sec. 8874. Application.

‘‘Sec. 8875. Authorized activities.
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‘‘Sec. 8876. Administration.

‘‘Sec. 8877. Authorization of appropriations.

‘‘PART Q—PARTNERSHIPS IN CHARACTER EDUCATION PILOT PROJECT

‘‘Sec. 8901. Program authorized.

‘‘Sec. 8902. State educational agency applications.

‘‘Sec. 8903. Evaluation and program development.

‘‘Sec. 8904. Elements of character.

‘‘Sec. 8905. Use of funds.

‘‘Sec. 8906. Selection of grantees.

‘‘PART R—ALASKA NATIVE EDUCATION

‘‘Sec. 8921. Short title.

‘‘Sec. 8922. Findings.

‘‘Sec. 8923. Purpose.

‘‘Sec. 8924. Alaska Native educational planning, curriculum development, teacher

training and recruitment program.

‘‘Sec. 8925. Alaska Native home based education for preschool children.

‘‘Sec. 8926. Alaska Native student enrichment programs.

‘‘Sec. 8927. Administrative provisions.

‘‘Sec. 8928. Definitions.

‘‘PART S—PROMOTING SCHOLAR-ATHLETE COMPETITIONS

‘‘Sec. 8931. Findings.

‘‘Sec. 8932. Purpose.

‘‘Sec. 8933. Program authorized.

‘‘PART T—COMMUNITY SCHOOL PARTNERSHIPS

‘‘Sec. 8941. Short title.

‘‘Sec. 8942. Findings.

‘‘Sec. 8943. Definitions.

‘‘Sec. 8944. Purpose; endowment grant authority.

‘‘Sec. 8945. Grant agreement and requirements.

‘‘Sec. 8946. Continuing eligibility.

‘‘Sec. 8947. Authorization of appropriations.

‘‘TITLE IX—SPECIAL PROGRAMS

‘‘PART A—IMPACT AID

‘‘Sec. 9001. Purpose.

‘‘Sec. 9002. Payments relating to Federal acquisition of real property.

‘‘Sec. 9003. Payments for eligible federally connected children.

‘‘Sec. 9004. Policies and procedures relating to children residing on Indian lands.

‘‘Sec. 9005. Application for payments under sections 9002 and 9003.

‘‘Sec. 9006. Payments for sudden and substantial increases in attendance of military dependents.

‘‘Sec. 9007. Construction.

‘‘Sec. 9008. Facilities.

‘‘Sec. 9009. Treatment of payments by the States in determining eligibility for,

and the amount of, State aid.

‘‘Sec. 9010. Federal administration.

‘‘Sec. 9011. Administrative hearings and judicial review.

‘‘Sec. 9012. Forgiveness of overpayments.
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‘‘Sec. 9013. Definitions.

‘‘Sec. 9014. Authorization of appropriations.

‘‘PART B—EMERGENCY IMMIGRANT EDUCATION PROGRAM

‘‘Sec. 9201. Findings; purpose; definition.

‘‘Sec. 9202. State administrative costs.

‘‘Sec. 9203. Withholding.

‘‘Sec. 9204. State allocations.

‘‘Sec. 9205. State applications.

‘‘Sec. 9206. Administrative provisions.

‘‘Sec. 9207. Uses of funds.

‘‘Sec. 9208. Reports.

‘‘Sec. 9209. Authorization of appropriations.

‘‘Sec. 9210. Communications between federally funded government agencies and

the Immigration and Naturalization Service.

‘‘PART C—NATIVE HAWAIIAN EDUCATION

‘‘Sec. 9301. Short title.

‘‘Sec. 9302. Findings.

‘‘Sec. 9303. Purpose.

‘‘Sec. 9304. Native Hawaiian curriculum development, teacher training and recruitment program.

‘‘Sec. 9305. Native Hawaiian community-based education learning centers.

‘‘Sec. 9306. Native Hawaiian family-based education centers.

‘‘Sec. 9307. Native Hawaiian higher education program.

‘‘Sec. 9308. Native Hawaiian gifted and talented program.

‘‘Sec. 9309. Native Hawaiian special education program.

‘‘Sec. 9310. Native Hawaiian Education Council and island councils.

‘‘Sec. 9311. Administrative provisions.

‘‘Sec. 9312. Definitions.

‘‘PART D—TERRITORIAL ASSISTANCE

‘‘Sec. 9401. General assistance for the Virgin Islands.

‘‘TITLE X—GENERAL PROVISIONS

‘‘PART A—DEFINITIONS

‘‘Sec. 10101. Definitions.

‘‘Sec. 10102. Applicability of this title.

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

‘‘Sec. 10201. Consolidation of State administrative funds for elementary and secondary education programs.

‘‘Sec. 10202. Single local educational agency States.

‘‘Sec. 10203. Consolidation of funds for local administration.

‘‘Sec. 10204. Administrative funds study.

‘‘Sec. 10205. Consolidated set-aside for Department of the Interior funds.

‘‘Sec. 10206. Availability of unneeded program funds.

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

APPLICATIONS

‘‘Sec. 10301. Purpose.
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‘‘Sec. 10302. Optional consolidated State application.

‘‘Sec. 10303. General applicability of State educational agency assurances.

‘‘Sec. 10304. Consolidated local applications.

‘‘Sec. 10305. Other general assurances.

‘‘Sec. 10306. Relationship of State and local plans to plans under the Goals 2000:

Educate America Act.

‘‘PART D—WAIVERS

‘‘Sec. 10401. Waivers of statutory and regulatory requirements.

‘‘PART E—UNIFORM PROVISIONS

‘‘Sec. 10501. Maintenance of effort.

‘‘Sec. 10502. Prohibition regarding State aid.

‘‘Sec. 10503. Participation by private school children and teachers.

‘‘Sec. 10504. Standards for by-pass.

‘‘Sec. 10505. Complaint process for participation of private school children.

‘‘Sec. 10506. By-pass determination process.

‘‘Sec. 10507. Prohibition against funds for religious worship or instruction.

‘‘PART F—OTHER PROVISIONS

‘‘Sec. 10601. State recognition of exemplary performance.

‘‘Sec. 10602. Applicability to home schools.

‘‘Sec. 10603. General provision regarding nonrecipient nonpublic schools.

‘‘Sec. 10604. Prohibition on Federal mandates, direction, and control.

‘‘Sec. 10605. Report.

‘‘Sec. 10606. Required participation prohibited.

‘‘Sec. 10607. School prayer.

‘‘Sec. 10608. Privately managed schools.

‘‘Sec. 10609. Policy regarding criminal justice system referral.

‘‘PART G—EVALUATIONS

‘‘Sec. 10701. Evaluations.

‘‘TITLE XI—CULTURAL PARTNERSHIPS FOR AT-RISK CHILDREN

AND YOUTH

‘‘Sec. 11101. Short title.

‘‘Sec. 11102. Findings.

‘‘Sec. 11103. Demonstration program.

‘‘Sec. 11104. Authorized activities.

‘‘Sec. 11105. Planning subgrants.

‘‘Sec. 11106. Payments; amounts of award; cost share; limitations.

‘‘Sec. 11107. Models.

‘‘Sec. 11108. Authorization of appropriations.

‘‘TITLE XII—DISCLOSURE REQUIREMENTS

‘‘Sec. 12001. Definitions.

‘‘Sec. 12002. Disclosure requirements.

‘‘Sec. 12003. Nondiscriminatory enrollment and service policy.

‘‘Sec. 12004. Enforcement.
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‘‘TITLE XIII—TARGETED ASSISTANCE PROGRAM

‘‘PART A—GENERAL PROVISIONS

‘‘Sec. 13101. Allotment to States.

‘‘Sec. 13102. Allocation to local educational agencies.

‘‘PART B—STATE PROGRAMS

‘‘Sec. 13201. State uses of funds.

‘‘Sec. 13202. State applications.

‘‘PART C—LOCAL TARGETED ASSISTANCE PROGRAMS

‘‘Sec. 13301. Targeted use of funds.

‘‘Sec. 13302. Authorized activities.

‘‘Sec. 13303. Local applications.

‘‘PART D—AUTHORIZATION OF APPROPRIATIONS

‘‘Sec. 13401. Authorization of appropriations.

‘‘TITLE XIV—NATIONAL EDUCATION STATISTICS

‘‘Sec. 14001. Short title.

‘‘Sec. 14002. Findings; purpose; definitions.

‘‘Sec. 14003. National Center for Education Statistics.

‘‘Sec. 14004. Duties of the Center.

‘‘Sec. 14005. Performance of duties.

‘‘Sec. 14006. Reports.

‘‘Sec. 14007. Advisory Council on Education Statistics.

‘‘Sec. 14008. Confidentiality.

‘‘Sec. 14009. Dissemination.

‘‘Sec. 14010. Cooperative education statistics systems.

‘‘Sec. 14011. National Assessment of Educational Progress.

‘‘Sec. 14012. National Assessment Governing Board.

‘‘Sec. 14013. Authorization of appropriations.

‘‘TITLE XV—EDUCATION INFRASTRUCTURE

‘‘Sec. 15001. Short title.

‘‘Sec. 15002. Findings.

‘‘Sec. 15003. Purpose.

‘‘Sec. 15004. Definitions.

‘‘Sec. 15005. Improvement of public elementary and secondary education facilities program authorized.

‘‘Sec. 15006. Applications.

‘‘Sec. 15007. Award of grants.

‘‘Sec. 15008. Authorized activities.

‘‘Sec. 15009. Requirements.

‘‘Sec. 15010. Fair wages.

‘‘Sec. 15011. Federal assessment.

‘‘TITLE XVI—URBAN AND RURAL EDUCATION

‘‘Sec. 16001. Definitions.
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‘‘PART A—URBAN SCHOOLS

‘‘Sec. 16101. Short title.

‘‘Sec. 16102. Findings.

‘‘Sec. 16103. Purpose.

‘‘SUBPART 1—URBAN SCHOOL IMPROVEMENT

‘‘Sec. 16121. Allocation of funds.

‘‘Sec. 16122. Application.

‘‘Sec. 16123. Planning period.

‘‘Sec. 16124. Uses of funds.

‘‘Sec. 16125. Accountability.

‘‘Sec. 16126. Incentive awards to exemplary programs.

‘‘Sec. 16127. Special rules.

‘‘SUBPART 2—GENERAL PROVISIONS

‘‘Sec. 16131. White House Conference on Urban Education.

‘‘PART B—RURAL SCHOOLS

‘‘Sec. 16201. Short title.

‘‘Sec. 16202. Findings.

‘‘Sec. 16203. Purpose.

‘‘SUBPART 1—RURAL SCHOOL IMPROVEMENT

‘‘Sec. 16221. Allotment of funds.

‘‘Sec. 16222. Application.

‘‘Sec. 16223. Planning period.

‘‘Sec. 16224. Uses of funds.

‘‘Sec. 16225. Accountability.

‘‘Sec. 16226. Incentive awards to exemplary programs.

‘‘SUBPART 2—GENERAL PROVISIONS

‘‘Sec. 16231. White House Conference on Rural Education.

‘‘PART C—AUTHORIZATION OF APPROPRIATIONS

‘‘Sec. 16301. Authorization of appropriations.

‘‘TITLE XVII—GUN-FREE SCHOOLS

‘‘Sec. 17001. Gun-free requirements.

1 ‘‘TITLE I—HELPING CHILDREN

2 IN NEED MEET HIGH STAND3 ARDS

4 ‘‘SEC. 1001. DECLARATION OF POLICY AND STATEMENT OF

5 PURPOSE.

6 ‘‘(a) STATEMENT OF POLICY.—
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1 ‘‘(1) IN GENERAL.—The Congress declares it to

2 be the policy of the United States that a high-quality

3 education for all individuals and a fair and equal op4 portunity to obtain that education are a societal good,

5 are a moral imperative, and improve the life of every

6 individual, because the quality of our individual lives

7 ultimately depends on the quality of the lives of oth8 ers.

9 ‘‘(2) ADDITIONAL POLICY.—The Congress further

10 declares it to be the policy of the United States to ex11 pand the program authorized by this title over the fis12 cal years 1995 through 1999 by increasing funding

13 for this title by at least $750,000,000 over baseline

14 each fiscal year and thereby increasing the percentage

15 of eligible children served in each fiscal year with the

16 intent of serving all eligible children by fiscal year

17 2004.

18 ‘‘(b) RECOGNITION OF NEED.—The Congress recog19 nizes that—

20 ‘‘(1) although the achievement gap between dis21 advantaged children and other children has been re22 duced by half over the past two decades, a sizable gap

23 remains, and many segments of our society lack the

24 opportunity to become well educated;
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1 ‘‘(2) the most urgent need for educational im2 provement is in schools with high concentrations of

3 children from low-income families and achieving the

4 National Education Goals will not be possible without

5 substantial improvement in such schools;

6 ‘‘(3) educational needs are particularly great for

7 low-achieving children in our Nation’s highest-poverty

8 schools, children with limited-English proficiency,

9 children of migrant workers, children with disabil10 ities, Indian children, children who are neglected or

11 delinquent, and young children and their parents who

12 are in need of family-literacy services; and

13 ‘‘(4) in order for all students to master challeng14 ing standards in core academic subjects as described

15 in the third National Education Goal described in

16 section 102(3) of the Goals 2000: Educate America

17 Act, students and schools will need to maximize the

18 time spent on teaching and learning the core aca19 demic subjects, and students who receive pullout in20 struction at the expense of core academic subject

21 learning time can fall further behind in learning the

22 core academic subjects.

23 ‘‘(c) WHAT HAS BEEN LEARNED SINCE 1988.—To en24 able schools to provide all children a high-quality education,

25 this title builds upon the following learned information:
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1 ‘‘(1) All children can master challenging content

2 and complex problem-solving skills. Research clearly

3 shows that children, including low-achieving children,

4 can succeed when expectations are high and all chil5 dren are given the opportunity to learn challenging

6 material.

7 ‘‘(2) Piecemeal reform, particularly when not

8 tied to an overall vision of teaching to, and helping

9 all children reach, high standards does not work.

10 ‘‘(3) Use of low-level tests that are not aligned

11 with schools’ curricula fails to provide adequate infor12 mation about what children know and can do and en13 courages curricula and instruction that focus on low14 level skills measured by those tests.

15 ‘‘(4) Resources are effective when children have

16 full access to quality regular school programs and re17 ceive supplemental help through extended-time activi18 ties.

19 ‘‘(5) Intensive and sustained professional devel20 opment for teachers and other school staff, focused on

21 teaching and learning and on helping children attain

22 high standards, is too often not provided.

23 ‘‘(6) All parents can contribute to their chil24 dren’s success by helping at home and becoming part-
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1 ners with teachers so that children can achieve high

2 standards.

3 ‘‘(7) Decentralized decisionmaking is a key in4 gredient of systemic reform. Schools need the re5 sources, flexibility, and authority to design and im6 plement effective strategies for bringing their children

7 to high levels of performance.

8 ‘‘(8) Opportunities for students to achieve to

9 high standards can be enhanced through a variety of

10 approaches such as public school choice and charter

11 schools.

12 ‘‘(9) Attention to academics alone cannot ensure

13 that all children will reach high standards. The health

14 and other needs of children that affect learning are

15 frequently unmet, particularly in high-poverty

16 schools, thereby necessitating coordination of services

17 to better meet children’s needs.

18 ‘‘(10) Resources provided under this title have

19 not been adequately targeted on the highest-poverty

20 school districts and schools that have children most in

21 need.

22 ‘‘(11) Equitable and sufficient resources, particu23 larly as such resources relate to the quality of the

24 teaching force, have an integral relationship to high

25 student achievement.
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1 ‘‘(d) STATEMENT OF PURPOSE.—The purpose of this

2 title is to enable schools to provide opportunities for chil3 dren served to acquire the same basic and advanced skills

4 and knowledge as children not served under this title. This

5 purpose shall be accomplished by—

6 ‘‘(1) ensuring high standards and aligning the

7 efforts of States, local educational agencies, and

8 schools to help children served under this title to reach

9 such standards;

10 ‘‘(2) providing children an enriched and acceler11 ated educational program, including, when appro12 priate, the use of the arts and humanities, through

13 schoolwide programs or through additional services

14 that increase the amount and quality of instructional

15 time;

16 ‘‘(3) promoting schoolwide reform and access of

17 children, from the earliest grades, to effective instruc18 tional strategies and challenging academic content

19 that support intensive complex thinking and problem20 solving experiences;

21 ‘‘(4) significantly upgrading the quality of in22 struction by providing staff in participating schools

23 with substantial opportunities for ongoing profes24 sional development;
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1 ‘‘(5) coordinating services under all parts of this

2 title with each other, with other educational services,

3 and, to the extent feasible, with health and social serv4 ice programs funded from other sources;

5 ‘‘(6) affording parents meaningful opportunities

6 to participate in the education of their children at

7 home and at school;

8 ‘‘(7) distributing resources, in amounts sufficient

9 to make a difference, to areas where needs are great10 est;

11 ‘‘(8) improving accountability, as well as teach12 ing and learning, by using State assessment systems

13 designed to measure how well children served under

14 this title are achieving high State student perform15 ance standards expected of all children;

16 ‘‘(9) providing greater decisionmaking authority

17 and flexibility to schools in exchange for greater re18 sponsibility for student performance; and

19 ‘‘(10) encouraging the development of innovative

20 models for recruitment, induction, retention, and as21 sessment of new, highly qualified teachers, especially

22 such teachers from historically underrepresented

23 groups.
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1 ‘‘SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.

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

3 purpose of carrying out part A of this title, other than sec4 tion 1117(e), there are authorized to be appropriated

5 $7,500,000,000 for fiscal year 1995 and such sums as may

6 be necessary for each of the 4 succeeding fiscal years.

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

8 part C, there are authorized to be appropriated

9 $120,000,000 for fiscal year 1995 and such sums as may

10 be necessary for each of the 4 succeeding fiscal years.

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

12 purpose of carrying out part D, there are authorized to be

13 appropriated $310,000,000 for fiscal year 1995 and such

14 sums as may be necessary for each of the 4 succeeding fiscal

15 years.

16 ‘‘(d) EDUCATION FOR NEGLECTED OR DELINQUENT

17 YOUTH.—For the purpose of carrying out part E, there are

18 authorized to be appropriated $40,000,000 for fiscal year

19 1995 and such sums as may be necessary for each of the

20 4 succeeding fiscal years.

21 ‘‘(e) CAPITAL EXPENSES.—For the purpose of carrying

22 out section 1117(e), there are authorized to be appropriated

23 $45,000,000 for fiscal year 1995 and such sums as may be

24 necessary for each of the 4 succeeding fiscal years.

25 ‘‘(f) FEDERAL ACTIVITIES.—
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1 ‘‘(1) SECTION 1601.—For the purpose of carrying

2 out section 1601, there are authorized to be appro3 priated $10,000,000 for fiscal year 1995 and such

4 sums as may be necessary for each of the 4 succeeding

5 fiscal years.

6 ‘‘(2) SECTION 1602.—For the purpose of carrying

7 out section 1602, there are authorized to be appro8 priated $20,000,000 for fiscal year 1995 and such

9 sums as may be necessary for each of the 4 succeeding

10 fiscal years.

11 ‘‘PART A—MAKING HIGH-POVERTY SCHOOLS

12 WORK

13 ‘‘Subpart 1—Basic Program Requirements

14 ‘‘SEC. 1111. STATE PLANS.

15 ‘‘(a) PLANS REQUIRED.—

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

17 a grant under this part shall submit to the Secretary

18 a plan, developed in consultation with local edu19 cational agencies, teachers, pupil services personnel,

20 administrators, other staff, and parents, that satisfies

21 the requirements of this section.

22 ‘‘(2) CONSOLIDATION PLAN.—A State plan sub23 mitted under paragraph (1) may be submitted as

24 part of a consolidation plan under section 10302.

25 ‘‘(b) STANDARDS AND ASSESSMENT PROVISIONS.—
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1 ‘‘(1) IN GENERAL.—(A) Each State plan shall

2 describe—

3 ‘‘(i) the high-quality academic standards for

4 all children that will be used by the State, its

5 local educational agencies, and its schools in sub6 jects, as determined by the State, to carry out

7 this part, and for those subjects for which a State

8 does not have standards and students are served

9 under this part, describe a process for ensuring

10 that such students are taught the same knowledge

11 and skills and held to the same expectations as

12 all children;

13 ‘‘(ii)(I) two levels of high performance, pro14 ficient and advanced, that determine how well

15 children are mastering the material in the State

16 content standards; and

17 ‘‘(II) a third level, partially proficient, to

18 provide complete information about the progress

19 of the lower-performing children toward achiev20 ing to the proficient and advanced levels of per21 formance; and

22 ‘‘(iii) the steps the State will take to help

23 each local educational agency and school affected

24 by the State plan develop the capacity to comply

25 with each of the requirements of sections
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1 1112(c)(3), 1114(b), and 1115(c) that is applica2 ble to such agency or school.

3 ‘‘(B) If a State has State content standards or

4 State student performance standards developed under

5 title III of the Goals 2000: Educate America Act or

6 an aligned set of assessments for all students devel7 oped under such title, or if not developed under such

8 title, adopted under another process, the State shall

9 use those standards and assessments, modified, if nec10 essary, to conform with the requirements of para11 graphs (1)(A)(i), (2), and (3).

12 ‘‘(C) If a State has not adopted State content

13 standards and State student performance standards

14 for all students, the State plan shall include a strat15 egy for developing State content standards and State

16 student performance standards for elementary and

17 secondary school children served under this part in

18 subjects as determined by the State, including at least

19 mathematics, and reading or language arts, which

20 standards shall include the same knowledge, skills,

21 and levels of performance expected of all children, and

22 for those subjects for which a State will not develop

23 standards and students are served under this part, in24 clude a strategy for developing a process for ensuring

25 that such students are taught the same knowledge and
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1 skills and held to the same expectations as all chil2 dren.

3 ‘‘(2) ADEQUATE YEARLY PROGRESS.—(A) Each

4 State plan shall include a description, based on as5 sessments described under paragraph (3), of what con6 stitutes adequate yearly progress of—

7 ‘‘(i) any school served under this part to8 ward enabling all children to meet the State’s

9 student performance standards; and

10 ‘‘(ii) any local educational agency that re11 ceives funds under this part toward enabling all

12 children within its jurisdiction to meet the

13 State’s student performance standards.

14 ‘‘(B) Adequate yearly progress under this para15 graph shall be defined in a manner that results in

16 continuous and substantial yearly improvement of

17 each local educational agency and school sufficient to

18 achieve the goal of all children served under this part

19 meeting the State’s proficient and advanced level of

20 performance, particularly eligible children described

21 in section 1115(b).

22 ‘‘(3) ASSESSMENTS.—Each State plan shall in23 clude a description of the set of high-quality, yearly

24 student assessments, including at least mathematics,

25 and reading or language arts, in one grade in each
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1 school, that will be used as the primary means of de2 termining the yearly performance of each local edu3 cational agency and school served under this part in

4 enabling all children served under this part to meet

5 the State’s student performance standards. Such as6 sessments shall—

7 ‘‘(A) be the same assessments used to meas8 ure the performance of all children, if the State

9 measures the performance of all children;

10 ‘‘(B) be aligned with such State’s content

11 standards in subjects for which the State has de12 veloped standards in accordance with subpara13 graph (A) or (C) of paragraph (1);

14 ‘‘(C) involve multiple measures of student

15 performance, including measures that assess

16 higher order thinking skills and understanding;

17 ‘‘(D) provide for—

18 ‘‘(i) the participation in such assess19 ments of all students with diverse learning

20 needs; and

21 ‘‘(ii) the adaptations and accommoda22 tions necessary to permit such participa23 tion;

24 ‘‘(E) be used for the purposes for which they

25 are valid and reliable and be consistent with rel-
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1 evant, nationally recognized professional and

2 technical standards for such assessments, except

3 that assessment measures that do not satisfy the

4 requirements of this subparagraph may be in5 cluded as one of the multiple measures, so long

6 as a State includes in the State plan informa7 tion regarding the State’s efforts to validate such

8 measures;

9 ‘‘(F) be capable of providing coherent infor10 mation about student attainments relative to the

11 State content standards;

12 ‘‘(G) support effective curriculum and in13 struction;

14 ‘‘(H) provide individual student interpre15 tive and descriptive reports, which may include

16 scores and other information on the attainment

17 of student performance standards;

18 ‘‘(I) provide statistically reliable results for

19 economically disadvantaged children

20 disaggregated by gender, major ethnic or racial

21 groups, limited-English proficient children, chil22 dren with disabilities, migratory children, and

23 other educationally meaningful categories of chil24 dren;
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1 ‘‘(J) include students who have resided in

2 the area served by a local educational agency for

3 a full academic year but have not attended a

4 single school served by such agency for a full

5 academic year, except that the performance of

6 students who have attended more than one school

7 in the local educational agency in any academic

8 year shall be used only in determining the

9 progress of the local educational agency, unless

10 the State provides otherwise; and

11 ‘‘(K) particularly for assessments given in

12 kindergarden, or grades one or two, be devel13 opmentally appropriate.

14 ‘‘(4) OTHER INDICATORS.—Each State plan may

15 include a description of any other indicators, such as

16 rates of attendance, graduation, and school-to-work or

17 school-to-college transition, that will be used in addi18 tion to the assessments required by paragraph (3) in

19 determining the yearly performance of each local edu20 cational agency and school served under this part.

21 ‘‘(5) TRANSITIONAL STATEWIDE ASSESSMENTS.—

22 (A)(i) If a State does not have State content stand23 ards and State student performance standards that

24 meet the requirements of paragraph (1) or assess25 ments that meet the requirements of paragraph (3),
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1 the State may propose to use, for a transitional pe2 riod of not more than two years, a transitional state3 wide set of yearly assessments, including at least

4 mathematics, and reading or language arts, in one

5 grade in each school, that measure the performance of

6 complex skills and challenging subject matter.

7 ‘‘(ii) Each State using the transitional assess8 ments described in clause (i) shall develop benchmarks

9 of progress toward the development of assessments

10 that meet the requirements of paragraph (3), includ11 ing periodic updates.

12 ‘‘(B)(i) The Secretary may extend for two addi13 tional years the use of the transitional assessments de14 scribed in subparagraph (A) upon the request of a

15 State and a showing of substantial progress toward

16 meeting the requirements of paragraphs (1) and (3),

17 particularly paragraph (3)(C).

18 ‘‘(ii) A State that is denied the two-year exten19 sion or renewal under clause (i) or is granted such

20 an extension or renewal, but after two additional

21 years does not have State content standards and State

22 student performance standards that meet the require23 ments of paragraph (1) or assessments that meet the

24 requirements of paragraph (3), shall adopt a set of

25 such standards and aligned assessments, such as those
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1 contained in other State plans the Secretary has ap2 proved.

3 ‘‘(C) For any year during which a State is using

4 transitional assessments the State shall devise a pro5 cedure for identifying local educational agencies

6 under subsections (c)(3) and (c)(7) of section 1118

7 and schools under subsections (b)(1) and (b)(6) of sec8 tion 1118 that relies on accurate information about

9 the academic progress of each such local educational

10 agency and school.

11 ‘‘(c) OTHER PROVISIONS TO SUPPORT TEACHING AND

12 LEARNING.—Each State plan shall contain assurances

13 that—

14 ‘‘(1) the State educational agency will imple15 ment a system of school support teams under section

16 1119(b), including provision of necessary professional

17 development for those teams;

18 ‘‘(2) the State educational agency will provide

19 the least restrictive and burdensome regulations for

20 local educational agencies and individual schools par21 ticipating in a program assisted under this part;

22 ‘‘(3) the State educational agency will fulfill its

23 local educational agency and school improvement re24 sponsibilities under section 1118; and
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1 ‘‘(4) the State educational agency will encourage

2 the use of funds from other Federal, State, and local

3 sources for schoolwide reform in schoolwide programs

4 under section 1114.

5 ‘‘(d) PEER REVIEW AND SECRETARIAL APPROVAL.—

6 ‘‘(1) IN GENERAL.—The Secretary shall—

7 ‘‘(A) establish a peer review process to assist

8 in the review and recommendations for revision

9 of State plans;

10 ‘‘(B) following an initial peer review, ap11 prove a State plan the Secretary determines

12 meets the requirements of subsections (b) and (c);

13 ‘‘(C) if the Secretary determines that the

14 State plan does not meet the requirements of sub15 section (b) or (c), immediately notify the State

16 of that determination and the reasons for such

17 determination;

18 ‘‘(D) not finally disapprove a State’s plan

19 before offering the State an opportunity to revise

20 its plan and provide technical assistance to as21 sist the State to meet the requirements of sub22 sections (b) and (c); and

23 ‘‘(E) not require a State, as a condition of

24 approval of the State plan, to include in, or de25 lete from, such plan one or more specific ele-
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1 ments of the State’s content standards or to use

2 specific assessment instruments or items.

3 ‘‘(2) WITHHOLDING.—The Secretary may with4 hold funds for State administration and activities

5 under section 1119 until the Secretary determines

6 that the State plan meets the requirements of this sec7 tion.

8 ‘‘(e) DURATION OF THE PLAN.—

9 ‘‘(1) IN GENERAL.—Each State plan shall—

10 ‘‘(A) remain in effect for the duration of the

11 State’s participation under this part; and

12 ‘‘(B) be periodically reviewed and revised

13 by the State, as necessary, to reflect changes in

14 the State’s strategies and programs under this

15 part.

16 ‘‘(2) ADDITIONAL INFORMATION.—If the State

17 makes significant changes in its plan, such as the

18 adoption of new State content standards and State

19 student performance standards, new assessments, or a

20 new definition of adequate progress, the State shall

21 submit such information to the Secretary.

22 ‘‘(f) SPECIAL RULE.—If the aggregate State expendi23 ture by a State educational agency for the operation of ele24 mentary and secondary education programs in the State

25 is less than such agency’s aggregate Federal expenditure for
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1 the State operation of all Federal elementary and secondary

2 education programs, then the State plan shall include as3 surances and specific provisions that such State will pro4 vide State expenditures for the operation of elementary and

5 secondary education programs equal to or exceeding the

6 level of Federal expenditures for such operation by October

7 1, 1998.

8 ‘‘SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.

9 ‘‘(a) PLANS REQUIRED.—A local educational agency

10 may receive a subgrant under this part for any fiscal year

11 only if such agency has on file with the State educational

12 agency a plan that is approved by the State educational

13 agency. Such plan may be submitted as part of a consoli14 dated plan under section 10304.

15 ‘‘(b) PLAN PROVISIONS.—

16 ‘‘(1) IN GENERAL.—Each local educational agen17 cy plan shall include—

18 ‘‘(A) a description of additional high-qual19 ity student assessments, if any, other than those

20 described in the State plan under section 1111,

21 that—

22 ‘‘(i) the local educational agency and

23 schools served under this part will use to—

24 ‘‘(I) provide information to teach25 ers, parents, and students on the
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1 progress being made toward meeting

2 the State student performance stand3 ards described in section

4 1111(b)(2)(A); and

5 ‘‘(II) aid in instruction, in im6 proving the performance of individual

7 students, and in revising the local edu8 cational agency or school’s instruc9 tional program to enable all children

10 served under this part to meet the

11 State student performance standards

12 described in section 1111(b)(2)(A);

13 ‘‘(ii) will be selected and administered

14 by teachers; and

15 ‘‘(iii) will be aligned with curriculum

16 and constitute an integral part of the in17 structional program;

18 ‘‘(B) at the local educational agency’s dis19 cretion, a description of any other indicators,

20 such as rates of attendance, graduation, and

21 school-to-work or school-to-college transition, that

22 will be used in addition to the assessments de23 scribed in subparagraph (A) for the uses de24 scribed in clause (i) of such subparagraph;
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1 ‘‘(C) a description of the strategy the local

2 educational agency will use to provide ongoing

3 professional development for teachers, pupil serv4 ices personnel, administrators, parents and other

5 staff, including local educational agency level

6 staff, that—

7 ‘‘(i) takes into account the needs and

8 activities across and within schools; and

9 ‘‘(ii) draws on resources available

10 under this part, other Federal resources,

11 and, at the local educational agency’s dis12 cretion, other State and local resources;

13 ‘‘(D) a description of the poverty criteria

14 that will be used to select school attendance areas

15 under section 1113;

16 ‘‘(E) a description of how teachers, in con17 sultation with parents, administrators, and

18 pupil services personnel, in targeted assistance

19 schools under section 1115 will identify those eli20 gible children most in need of services under this

21 part;

22 ‘‘(F) a general description of the nature of

23 the programs to be conducted by its schools

24 under sections 1114 and 1115 and, where appro25 priate, educational services outside those schools
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1 for children living in local institutions for ne2 glected or delinquent children, for neglected and

3 delinquent children in community day school

4 programs, and for eligible homeless children;

5 ‘‘(G) a description of how the local edu6 cational agency, where appropriate, will use

7 funds under this part to support preschool pro8 grams for children, particularly children partici9 pating in a Head Start or Even Start program,

10 which services may be provided directly by the

11 local educational agency or through a sub12 contract with the local Head Start agency des13 ignated by the Secretary of Health and Human

14 Services under section 641 of the Head Start

15 Act, or another comparable public early child16 hood development program; and

17 ‘‘(H) a description of how the local edu18 cational agency, as part of a comprehensive

19 school reform effort, will, where appropriate and

20 feasible as determined by such agency, use funds

21 provided under this part to reduce class size to

22 15 students.

23 ‘‘(2) FILING AND APPROVAL.—Notwithstanding

24 paragraph (1), each local educational agency plan

25 shall be filed according to a schedule established by
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1 the State educational agency, except that a local edu2 cational agency shall have not more than 2 years

3 from the date of enactment of the Improving Ameri4 ca’s Schools Act of 1994 to have such plan approved

5 by the State educational agency.

6 ‘‘(c) ASSURANCES.—Each local educational agency

7 plan shall provide assurances that the local educational

8 agency will—

9 ‘‘(1) work in consultation with schools as the

10 schools develop their plans pursuant to section 1114

11 or 1118 and assist schools as schools implement those

12 plans so that each school can make adequate yearly

13 progress toward meeting the State content standards

14 and State student performance standards;

15 ‘‘(2)(A) inform eligible schools and parents of

16 schoolwide project authority; and

17 ‘‘(B) provide technical assistance and support to

18 schoolwide programs;

19 ‘‘(3) fulfill its school improvement responsibil20 ities under section 1118;

21 ‘‘(4) give priority to serving students in the ear22 lier grades of schools that receive funds under this

23 part;

24 ‘‘(5) provide services to eligible children attend25 ing private elementary and secondary schools in ac-
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1 cordance with section 1117, and timely and meaning2 ful consultation with private school officials regarding

3 such services;

4 ‘‘(6) consistent with the provisions of section

5 10306, coordinate and integrate services provided

6 under this part with other educational services, in7 cluding—

8 ‘‘(A) Even Start, Head Start, and other

9 preschool programs, and school-to-work transi10 tion programs; and

11 ‘‘(B) services for children with limited-Eng12 lish proficiency or with disabilities, migratory

13 children served under part D, neglected or delin14 quent children served under part E, homeless

15 children, and immigrant children, in order to

16 increase program effectiveness, eliminate dupli17 cation, and reduce fragmentation of the chil18 dren’s instructional program;

19 ‘‘(7) coordinate and collaborate, to the extent fea20 sible and necessary as determined by the local edu21 cational agency, with school-based pupil services per22 sonnel where appropriate, and with other agencies

23 providing services to children, youth, and families,

24 including health and social services;
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1 ‘‘(8) where appropriate and feasible as deter2 mined by the local educational agency, establish a

3 procedure to ensure that all children in participating

4 elementary schools receive two health screenings dur5 ing the elementary school years at appropriate inter6 vals based on reasonable pediatric standards; and

7 ‘‘(9) in the case that a State chooses to utilize

8 funds under this part to provide early childhood de9 velopment services to low-income children below the

10 age of compulsory school attendance, ensure that such

11 services comply with the performance standards estab12 lished under section 641A(a) of the Head Start Act or

13 under section 651 of such Act, as such section 651

14 was in effect on the day preceding the date of enact15 ment of the Human Services Amendments of 1994.

16 ‘‘(d) PLAN DEVELOPMENT AND DURATION.—Each

17 local educational agency plan shall—

18 ‘‘(1) be developed in consultation with teachers,

19 pupil services personnel and parents of children in

20 schools served under this part;

21 ‘‘(2) remain in effect for the duration of the local

22 educational agency’s participation under this part;

23 and
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1 ‘‘(3) be periodically reviewed and revised, as nec2 essary, to reflect changes in the local educational

3 agency’s strategies and programs.

4 ‘‘(e) STATE APPROVAL.—The State educational agency

5 shall approve a local educational agency’s plan only if the

6 State educational agency determines that the local edu7 cational agency’s plan will enable schools served under this

8 part to substantially help all children served under this

9 part meet the standards described in section 1111(b)(1).

10 ‘‘(f) PROGRAM RESPONSIBILITY.—The local edu11 cational agency plan shall reflect the shared responsibility

12 of the local educational agency and schools in making deci13 sions required under sections 1114 and 1115.

14 ‘‘SEC. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS.

15 ‘‘(a) IN GENERAL.—

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

17 shall use funds received under this part only in eligi18 ble school attendance areas.

19 ‘‘(2) ELIGIBLE SCHOOL ATTENDANCE AREAS.—

20 For the purposes of this part—

21 ‘‘(A) the term ‘school attendance area’

22 means, in relation to a particular school, the

23 geographical area in which the children who are

24 normally served by that school reside; and
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1 ‘‘(B) the term ‘eligible school attendance

2 area’ means a school attendance area in which

3 the percentage of children from low-income fami4 lies is equal to or greater than the percentage of

5 children—

6 ‘‘(i) from low-income families served

7 by the local educational agency as a whole;

8 or

9 ‘‘(ii) served by the local educational

10 agency as a whole who are eligible to par11 ticipate in a schoolwide program under sec12 tion 1114.

13 ‘‘(3) SERVING SCHOOLS IN RANK ORDER.—Each

14 local educational agency receiving assistance under

15 this part shall—

16 ‘‘(A) first serve in rank order schools in

17 which the concentration of children from low-in18 come families is 75 percent or greater;

19 ‘‘(B) then serve in rank order schools in

20 which such concentration is at least 50 percent

21 and less than 75 percent with rank order deter22 mined at the discretion of the local education

23 agency according to grade span or school; and

24 ‘‘(C) finally serve in rank order schools in

25 which such concentration is below 50 percent
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1 with rank order determined according to grade

2 span or by school.

3 ‘‘(4) MEASURES.—The local educational agency

4 shall use the same measure of low-income, which such

5 agency shall choose on the basis of the best available

6 verifiable data and which may be a composite of sev7 eral indicators, with respect to all school attendance

8 areas in the local educational agency to—

9 ‘‘(A) identify eligible school attendance

10 areas;

11 ‘‘(B) determine the ranking of each such

12 area; and

13 ‘‘(C) determine allocations under subsection

14 (c).

15 ‘‘(b) LOCAL EDUCATIONAL AGENCY DISCRETION.—

16 Notwithstanding subsection (a)(1), a local educational

17 agency may use funds received under this part in a school

18 that is not in an eligible school attendance area, if the per19 centage of children from low-income families enrolled in the

20 school is equal to or greater than the percentage of such

21 children in a participating school attendance area of such

22 agency.

23 ‘‘(c) ALLOCATIONS.—
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1 ‘‘(1) IN GENERAL.—A local educational agency

2 shall allocate funds received under this part to eligible

3 school attendance areas or eligible schools—

4 ‘‘(A) identified under subsection (a)(3)(A),

5 in rank order, on the basis of the total number

6 of children from low-income families in each

7 such area or school; and

8 ‘‘(B) identified under subparagraphs (B)

9 and (C) of subsection (a)(3) or under subsection

10 (b), in rank order, on the basis of the total num11 ber of children from low-income families in

12 grade levels served in each such area or school.

13 ‘‘(2) SPECIAL RULE.—(A) Except as provided in

14 subparagraph (B), the per pupil amount of funds al15 located to each school attendance area or school under

16 paragraph (1) shall be at least 65 percent of the per

17 pupil amount of funds a local educational agency re18 ceived for that year under the poverty criterion de19 scribed by the local educational agency in the plan

20 submitted under section 1112, except that this para21 graph shall not apply to a local educational agency

22 that only serves schools in which the percentage of

23 such children is 50 percent or greater.

24 ‘‘(B) A local educational agency may reduce the

25 amount of funds allocated under subparagraph (A)
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1 for a school attendance area or school by the amount

2 of any supplemental State and local funds expended

3 in that school attendance area or school for programs

4 that meet the requirements of section 1114 or 1115.

5 ‘‘(3) RESERVATION.—A local educational agency

6 shall reserve such funds as are necessary under this

7 part to provide services comparable to those provided

8 to children in schools funded under this part to

9 serve—

10 ‘‘(A) eligible homeless children who do not

11 attend participating schools, including providing

12 educationally related support services to children

13 in shelters, where appropriate;

14 ‘‘(B) children living in local institutions for

15 neglected or delinquent children; and

16 ‘‘(C) where appropriate, neglected and de17 linquent children in community day school pro18 grams.

19 ‘‘(d) INAPPLICABILITY.—

20 ‘‘(1) IN GENERAL.—Subsections (a) and (c) shall

21 not apply—

22 ‘‘(A) to a local educational agency with a

23 total enrollment of less than 1,000 children, ex24 cept that such agency shall serve school attend25 ance areas or schools in rank order according to
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1 grade span or school on the basis of the total

2 number of children from low-income families in

3 grade levels served in such area or school; or

4 ‘‘(B) to a school participating in a desegre5 gation program where the number of economi6 cally disadvantaged children served by the school

7 is equal to or greater than 100 or equal to or

8 greater than 25 percent of such school’s total stu9 dent enrollment.

10 ‘‘(2) SPECIAL RULE.—(A) Except as provided in

11 subparagraph (B), the per pupil amount of funds al12 located to each school attendance area or school de13 scribed in paragraph (1) shall be at least 65 percent

14 of the per pupil amount of funds the local educational

15 agency serving such area or school received for that

16 year under the poverty criterion described by such

17 agency in the plan submitted under section 1112, ex18 cept that this paragraph shall not apply to a local

19 educational agency that only serves schools in which

20 the percentage of children from low-income families is

21 50 percent or greater.

22 ‘‘(B) A local educational agency described in

23 subparagraph (A) may reduce the amount of funds

24 allocated under such subparagraph for a school at25 tendance area or school by the amount of any supple-
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1 mental State and local funds expended in such area

2 or school for programs that meet the requirements of

3 section 1114 or 1115.

4 ‘‘(e) OPTIONAL ASSIGNMENT.—A local educational

5 agency with a total enrollment of greater than 900,000 chil6 dren may, to the extent feasible, use funds received under

7 this part to serve children from low-income families who

8 reside in school attendance areas having high concentra9 tions of children from low-income families, who otherwise

10 meet the eligibility requirements of this part, and who at11 tend schools in noneligible attendance areas.

12 ‘‘SEC. 1114. SCHOOLWIDE PROGRAMS.

13 ‘‘(a) USE OF FUNDS FOR SCHOOLWIDE PROGRAMS.—

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

15 may use funds under this part, in combination with

16 other Federal, State, and local funds, in order to up17 grade the entire educational program in a school de18 scribed in subparagraph (A) or (B) if, for the initial

19 year of the schoolwide program, the school meets ei20 ther of the following criteria:

21 ‘‘(A) The school serves an eligible school at22 tendance area in which at least 30 percent of the

23 children—

24 ‘‘(i) are from low-income families; and
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1 ‘‘(ii) are eligible for a free or reduced

2 price lunch or show evidence of poverty by

3 other criteria, such as eligibility under the

4 aid to families with dependent children pro5 gram under part A of title IV of the Social

6 Security Act.

7 ‘‘(B) At least 30 percent of the children en8 rolled in the school are from families meeting the

9 requirements of clauses (i) and (ii) of subpara10 graph (A).

11 ‘‘(2) IDENTIFICATION.—(A) No school participat12 ing in a schoolwide program shall be required to

13 identify particular children as eligible to participate

14 in a schoolwide program or to provide supplemental

15 services to such children.

16 ‘‘(B) A school participating in a schoolwide pro17 gram shall use funds available to carry out this sec18 tion only to supplement the amount of funds that

19 would, in the absence of funds under this part, be

20 made available from non-Federal sources for the

21 school, including funds needed to provide services that

22 are required by law for children with disabilities and

23 children with limited-English proficiency.

24 ‘‘(3) SPECIAL RULE.—(A) Except as provided in

25 subsection (b), the Secretary may, through publication
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1 of a notice in the Federal Register, exempt schoolwide

2 programs under section 1114 from statutory or regu3 latory provisions of any other noncompetitive, for4 mula grant program administered by the Secretary,

5 or any discretionary grant program administered by

6 the Secretary (other than formula or discretionary

7 grant programs under the Individuals with Disabil8 ities Education Act), to support schoolwide programs,

9 if the intent and purposes of such other programs are

10 met. Such notice shall not be subject to the require11 ments in section 431 of the General Education Provi12 sions Act or section 553 of title 5, United States Code.

13 ‘‘(B) A school that chooses to use funds from such

14 other programs shall not be relieved of the require15 ments relating to health, safety, civil rights, gender

16 equity, student and parental participation and in17 volvement, services to private school children, mainte18 nance of effort, comparability of services, uses of Fed19 eral funds to supplement, not supplant non-Federal

20 funds, or the distribution of funds to State or local

21 educational agencies that apply to the receipt of funds

22 from such programs.

23 ‘‘(4) RESERVATION.—Each school receiving funds

24 under this title for any fiscal year shall use not less

25 than 10 percent of such funds to carry out the activi-
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1 ties described in subsection (b)(1)(D) for such fiscal

2 year, except that—

3 ‘‘(A) a school may enter into a consortium

4 with another school to carry out such activities;

5 and

6 ‘‘(B) this paragraph shall not apply to a

7 school if 10 percent of the funds such school re8 ceives under this title for such year is less than

9 $5,000.

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

11 ‘‘(1) IN GENERAL.—A schoolwide program shall

12 include the following components:

13 ‘‘(A) A comprehensive needs assessment of

14 the entire school that is based on information on

15 the performance of children in relation to the

16 State content standards and the State student

17 performance standards described in section

18 1111(b)(1).

19 ‘‘(B) Schoolwide reform strategies that—

20 ‘‘(i) provide opportunities for all chil21 dren to meet the State’s proficient and ad22 vanced levels of performance described in

23 section 1111(b)(1)(A);

24 ‘‘(ii) are based on effective means of

25 improving the achievement of children;
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1 ‘‘(iii) use effective instructional strate2 gies that—

3 ‘‘(I) increase the amount and

4 quality of learning time; and

5 ‘‘(II) help provide an enriched

6 and accelerated curriculum;

7 ‘‘(iv)(I) address the needs of all chil8 dren in the school, but particularly the

9 needs of economically disadvantaged chil10 dren, low-achieving children, children with

11 limited-English proficiency, children with

12 disabilities, children from migratory fami13 lies, and children who are members of the

14 target population of any program that is

15 included in the schoolwide program, which

16 may include—

17 ‘‘(aa) counseling, pupil services,

18 and mentoring services;

19 ‘‘(bb) college and career awareness

20 and preparation, such as college and

21 career guidance, enhancement of em22 ployability skills, and job placement

23 services;

24 ‘‘(cc) services to prepare students

25 for the transition from school to work;
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1 ‘‘(dd) services to assist preschool

2 children in the transition from early

3 childhood programs to elementary

4 school programs;

5 ‘‘(ee) incorporation of gender-eq6 uitable methods and practices; and

7 ‘‘(ff) after school and summer pro8 grams; and

9 ‘‘(II) address how the school will deter10 mine if such needs have been met; and

11 ‘‘(v) are consistent with, and are de12 signed to implement, the State and local

13 improvement plans, if any, approved under

14 title III of the Goals 2000: Educate America

15 Act.

16 ‘‘(C)(i) Instruction by highly qualified pro17 fessional staff.

18 ‘‘(ii) If a school uses funds received under

19 this part to employ instructional aides, the

20 school shall ensure that such aides—

21 ‘‘(I) possess the knowledge and skills

22 sufficient to assist participating children in

23 meeting the educational goals of this part;

24 ‘‘(II) have a secondary school diploma

25 or its recognized equivalent, or earn such
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1 diploma or equivalent within 2 years of

2 such employment, except that a school may

3 employ an instructional aide that does not

4 meet the requirement of this subclause if

5 such aide possesses proficiency in a lan6 guage other than English that is needed to

7 enhance the participation of children in

8 programs under this part; and

9 ‘‘(III) are under the direct supervision

10 of a teacher who has primary responsibility

11 for providing instructional services to eligi12 ble children.

13 ‘‘(D) In accordance with subsection (a)(4),

14 ongoing professional development for teachers,

15 pupil services personnel, parents, principals, and

16 other staff to enable all children in the school to

17 meet the State’s student performance standards.

18 Such activities shall be jointly developed by the

19 principal, teachers, and other staff of each school.

20 ‘‘(E) Parental involvement in accordance

21 with section 1116.

22 ‘‘(F) Development and use of teacher se23 lected assessments as described in section

24 1112(b)(1)(A)(ii) for providing information on
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1 and improving the performance of individual

2 students and the overall instructional program.

3 ‘‘(G) Measures to ensure that students who

4 experience difficulty mastering any of the stand5 ards required by section 1111(b) during the

6 course of the school year shall be provided with

7 effective, timely additional assistance, which

8 shall include—

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

10 difficulties are identified on a timely basis

11 and to provide sufficient information on

12 which to base effective assistance;

13 ‘‘(ii) to the extent the school determines

14 feasible using funds under this part, peri15 odic training for teachers in how to identify

16 such difficulties and to provide assistance to

17 individual students; and

18 ‘‘(iii) for any student who has not met

19 such standards, teacher-parent conferences,

20 at which time the teacher and parents shall

21 discuss—

22 ‘‘(I) what the school will do to

23 help the student meet such standards;
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1 ‘‘(II) what the parents can do to

2 help the student improve the student’s

3 performance; and

4 ‘‘(III) additional assistance which

5 may be available to the student at the

6 school or elsewhere in the community.

7 ‘‘(2) PLAN.—(A) Any eligible school that desires

8 to operate a schoolwide program shall first develop (or

9 amend a plan for such a program that was in exist10 ence before the date of enactment of the Improving

11 America’s Schools Act of 1994), in consultation with

12 the local educational agency, a comprehensive plan

13 for reforming the total instructional program in the

14 school that—

15 ‘‘(i) incorporates the components described

16 in paragraph (1);

17 ‘‘(ii) describes how the school will use re18 sources under this part and from other sources to

19 implement those components;

20 ‘‘(iii) includes a list of State and local edu21 cational agency programs and other Federal pro22 grams under paragraph (a)(3) that will be in23 cluded in the schoolwide program;

24 ‘‘(iv) describes how the school will provide

25 valid and reliable individual student assessment
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1 results, including an interpretation of those re2 sults, to the parents of any child who partici3 pates in the assessment required by section

4 1111(b)(3); and

5 ‘‘(v) provides for statistically reliable data

6 on the achievement and assessment results of eco7 nomically disadvantaged children disaggregated

8 by gender, major ethnic or racial groups, chil9 dren with disabilities, and, where appropriate,

10 limited-English proficient children.

11 ‘‘(B) Plans developed before a State has adopted

12 standards and a set of assessments that meet the cri13 teria described in paragraphs (1) and (3) of section

14 1111(b) shall be based on an analysis of available

15 data on the achievement of students in the school and

16 effective instructional and school improvement prac17 tices.

18 ‘‘(C) The comprehensive plan shall be—

19 ‘‘(i) developed over a one-year period, un20 less—

21 ‘‘(I) the local educational agency deter22 mines that less time is needed to develop

23 and implement the schoolwide program; or

24 ‘‘(II) the school is operating a

25 schoolwide program on the day preceding
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1 the date of enactment of the Improving

2 America’s Schools Act of 1994, in which

3 case such school may continue to operate

4 that program, but shall develop a new plan

5 during the first year of assistance under

6 such Act to reflect the provisions of this sec7 tion;

8 ‘‘(ii) developed by a school-site council com9 posed of those individuals who will implement

10 the plan, including teachers, pupil services per11 sonnel, parents, principals, and other staff;

12 ‘‘(iii) in effect for the duration of the

13 school’s participation under this part and re14 viewed and revised, as necessary, by the school;

15 and

16 ‘‘(iv) available to the local educational

17 agency, parents, and the public, and the infor18 mation contained in such plan shall be trans19 lated, to the extent feasible, into any language

20 that a significant percentage of the parents of

21 participating children in the school speak as

22 their primary language.

23 ‘‘SEC. 1115. TARGETED ASSISTANCE SCHOOLS.

24 ‘‘(a) IN GENERAL.—In all schools selected to receive

25 funds under section 1113(c) that are ineligible for a
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1 schoolwide program under section 1114, or that choose not

2 to operate such a schoolwide program, a local educational

3 agency may use funds received under this part only for pro4 grams that provide services to economically disadvantaged

5 children identified by teachers, in consultation with par6 ents, administrators, and pupil services personnel, as hav7 ing the greatest academic need for special assistance.

8 ‘‘(b) ELIGIBLE CHILDREN.—

9 ‘‘(1) ELIGIBLE POPULATION.—A child shall be el10 igible for services under this part if—

11 ‘‘(A) except as provided in subparagraphs

12 (B), (C), and (D), the school serving such child

13 determines that such child is economically dis14 advantaged, and such child—

15 ‘‘(i)(I) is not older than age 21 and is

16 entitled to a free public education through

17 grade 12; and

18 ‘‘(II) is not yet at a grade level where

19 the local educational agency provides a free

20 public education, yet is of an age at which

21 such child can benefit from an organized in22 structional program provided in a school or

23 other educational setting; or
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1 ‘‘(ii) is a child with a disability, a

2 limited-English proficient child, or a mi3 grant child;

4 ‘‘(B) the child, at any time in the two years

5 preceding the year for which the determination

6 is made, received services under the program for

7 neglected and delinquent children under part E

8 (or its predecessor authority);

9 ‘‘(C) the child is homeless and attending

10 any school in the local educational agency; and

11 ‘‘(D) the child, at any time in the two years

12 preceding the year for which the determination

13 is made, participated in a Head Start or Even

14 Start program.

15 ‘‘(2) SPECIAL RULE.—Funds received under this

16 part may not be used to provide services that are oth17 erwise required by law to be made available to chil18 dren described in subparagraphs (B), (C), and (D) of

19 paragraph (1) but may be used to coordinate or sup20 plement such services.

21 ‘‘(c) COMPONENTS OF A TARGETED ASSISTANCE

22 SCHOOL PROGRAM.—

23 ‘‘(1) IN GENERAL.—To assist targeted assistance

24 schools and local educational agencies to meet their

25 responsibility to provide for all their students served
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1 under this part the opportunity to meet the State’s

2 student performance standards in subjects as deter3 mined by the State, each targeted assistance program

4 under this section shall—

5 ‘‘(A) use such program’s resources under

6 this part to help participating children meet

7 such State student performance standards ex8 pected for all children;

9 ‘‘(B) be based on effective means for improv10 ing achievement of children;

11 ‘‘(C) ensure that planning for students

12 served under this part is incorporated into exist13 ing school planning;

14 ‘‘(D) use effective instructional strategies

15 that—

16 ‘‘(i) increase the amount and quality

17 of learning time;

18 ‘‘(ii) help provide an accelerated, high19 quality curriculum; and

20 ‘‘(iii) minimize isolating eligible chil21 dren from other children in the school dur22 ing regular school hours;

23 ‘‘(E) coordinate with and support the regu24 lar education program, which may include—
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1 ‘‘(i) counseling, mentoring and other

2 pupil services;

3 ‘‘(ii) college and career awareness and

4 preparation, such as college and career

5 guidance, enhancement of employability

6 skills, and job placement services;

7 ‘‘(iii) services to prepare students for

8 the transition from school to work; and

9 ‘‘(iv) services to assist preschool chil10 dren in the transition from early childhood

11 programs to elementary school programs;

12 ‘‘(F) provide instruction by highly qualified

13 staff;

14 ‘‘(G) if such program employs instructional

15 aides, ensure that such aides—

16 ‘‘(i) possess the knowledge and skills

17 sufficient to assist participating children in

18 meeting the purposes of this title;

19 ‘‘(ii) have a secondary school diploma

20 or its recognized equivalent, or earn such

21 diploma or equivalent within 2 years of

22 such employment, except that an instruc23 tional aide that does not meet the require24 ment of this clause may be employed if such

25 aide possesses a tested proficiency in Eng-
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1 lish and a language other than English that

2 is needed to enhance the participation of

3 children in programs under this part; and

4 ‘‘(iii) are under the direct supervision

5 of a teacher who has primary responsibility

6 for providing instructional services to eligi7 ble children;

8 ‘‘(H) in accordance with subsection (d)(2),

9 provide opportunities for ongoing professional

10 development to the extent the school determines

11 feasible with resources provided under this part

12 and from other sources for administrators and

13 for teachers and other school staff who work with

14 participating children in programs under this

15 section or in the regular education program; and

16 ‘‘(I) provide opportunities for parental in17 volvement in accordance with section 1116.

18 ‘‘(2) REQUIREMENTS.—Each school conducting a

19 program under this section shall assist participating

20 children selected in accordance with subsection (b) to

21 meet the State’s proficient and advanced levels of per22 formance by—

23 ‘‘(A) the coordination of resources provided

24 under this part with other resources to enable the

25 children served to meet the State content stand-
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1 ards and State student performance standards;

2 and

3 ‘‘(B) providing individual student assess4 ment results, including an explanation of those

5 results, to the parents of any child who partici6 pates in the assessment required by section

7 1111(b)(3).

8 ‘‘(d) SPECIAL RULES.—

9 ‘‘(1) COMPREHENSIVE SERVICES.—If health, nu10 trition, and other social services are not otherwise

11 available to eligible children in a targeted assistance

12 school and such school, if appropriate, has engaged in

13 a comprehensive needs assessment and established a

14 collaborative partnership with local service providers,

15 and if funds are not reasonably available from other

16 public or private sources to provide services under

17 this part, then funds provided under this part may

18 be used as a last resort to provide such services, in19 cluding—

20 ‘‘(A) the provision of basic medical equip21 ment, such as eyeglasses and hearing aids;

22 ‘‘(B) compensation of a coordinator; and

23 ‘‘(C) professional development for teachers,

24 pupil services personnel, other staff, and parents
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1 in identifying and meeting the comprehensive

2 needs of eligible children.

3 ‘‘(2) RESERVATION.—Each school receiving funds

4 under this title for any fiscal year shall use not less

5 than 10 percent of such funds to carry out the activi6 ties described in subsection (c)(1)(H) for such fiscal

7 year, except that—

8 ‘‘(A) a school may enter into a consortium

9 with another school to carry out such activities;

10 and

11 ‘‘(B) this paragraph shall not apply to a

12 school if 10 percent of the funds such school re13 ceives under this title for such year is less than

14 $5,000.

15 ‘‘(e) ASSIGNMENT OF PERSONNEL.—To promote the

16 integration of staff supported with funds under this part

17 and children served under this part into the regular school

18 program and overall school planning and improvement ef19 forts, public school personnel who are paid with funds re20 ceived under this part may—

21 ‘‘(1) assume limited duties that are assigned to

22 similar personnel who are not so paid, including du23 ties beyond classroom instruction or that do not bene24 fit participating children so long as the amount of

25 time spent on such duties is the same proportion of
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1 total work time as prevails with respect to similar

2 personnel at the same school;

3 ‘‘(2) participate in general professional develop4 ment and school planning activities; and

5 ‘‘(3) collaboratively teach with regular classroom

6 teachers, so long as their efforts directly benefit par7 ticipating children.

8 ‘‘(f) SPECIAL RULE.—Nothing in this section shall be

9 construed to prohibit a school from serving students served

10 under this section simultaneously with students with simi11 lar educational needs, in the same educational settings

12 where appropriate.

13 ‘‘SEC. 1116. PARENTAL INVOLVEMENT.

14 ‘‘(a) LOCAL EDUCATIONAL AGENCY POLICY.—

15 ‘‘(1) IN GENERAL.—Each local educational agen16 cy that receives funds under this part shall develop

17 jointly with, agree upon with, and distribute to, par18 ents of participating children a written parent in19 volvement policy that is incorporated into the local

20 educational agency’s plan developed under section

21 1112, establishes the expectations for parent involve22 ment, and describes how the local educational agency

23 will—

24 ‘‘(A) involve parents in the joint develop25 ment and approval of the plan described under
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1 section 1112, and the process of school review

2 and improvement described under section 1118;

3 ‘‘(B) provide the coordination, technical as4 sistance, and other support necessary to assist

5 participating schools in planning and imple6 menting effective parent involvement;

7 ‘‘(C) build the schools’ and parents’ capac8 ity for strong parent involvement as described in

9 subsection (e);

10 ‘‘(D) coordinate and integrate parent in11 volvement strategies described in this part with

12 those under other programs; and

13 ‘‘(E) ensure that participating schools—

14 ‘‘(i) review the effectiveness of their

15 parent involvement activities on an ongoing

16 basis;

17 ‘‘(ii) identify and take steps to remove

18 any barriers to greater parental involve19 ment, including barriers resulting in lower

20 rates of participation in the parent involve21 ment activities by parents who are economi22 cally disadvantaged, are disabled, have lim23 ited literacy, have limited-English pro24 ficiency, or are from any racial or ethnic

25 minority background; and
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1 ‘‘(iii) use the findings of such reviews

2 in—

3 ‘‘(I) designing strategies for school

4 improvement; and

5 ‘‘(II) revising, if necessary, the

6 parent involvement policies described

7 in this subsection and subsection

8 (b)(1).

9 ‘‘(2) AMENDMENT.—If the local educational

10 agency has a school district-level parental involve11 ment policy that applies to all parents, such agency

12 may amend that policy, if necessary, to meet the re13 quirements of this subsection.

14 ‘‘(b) SCHOOL PARENTAL INVOLVEMENT POLICY.—

15 ‘‘(1) IN GENERAL.—Each school served under

16 this part shall jointly develop with, and distribute to,

17 parents of participating children a written parent in18 volvement policy, agreed upon by such parents, that

19 shall describe the means for carrying out the require20 ments of subsections (c) through (f). Such policy shall

21 be updated periodically to meet the changing needs of

22 parents and the school.

23 ‘‘(2) SPECIAL RULE.—If the school has a paren24 tal involvement policy that applies to all parents,
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1 such school may amend that policy, if necessary, to

2 meet the requirements of this subsection.

3 ‘‘(c) POLICY INVOLVEMENT.—Each school served under

4 this part shall—

5 ‘‘(1) convene an annual meeting, at a convenient

6 time, to which all parents of participating children

7 shall be invited and encouraged to attend, to inform

8 parents of their school’s participation under this part

9 and to explain this part, its requirements, and their

10 right to be involved;

11 ‘‘(2) offer a flexible number of meetings, such as

12 meetings in the morning or evening, and may pro13 vide, with funds provided under this part, transpor14 tation, child care, or home visits, as such services re15 late to parental involvement;

16 ‘‘(3) involve parents, in an organized, ongoing,

17 and timely way, in the planning, review, and im18 provement of programs under this part, including the

19 school parental involvement policy and the joint de20 velopment and approval of the schoolwide program

21 plan under section 1114(b), except that if a school has

22 in place a process for involving parents in the joint

23 planning, design, and approval of its programs, the

24 school may use that process, provided that such proc-
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1 ess includes an adequate representation of parents of

2 participating children; and

3 ‘‘(4) provide parents of participating children—

4 ‘‘(A) timely information about programs

5 under this part;

6 ‘‘(B) school performance profiles required

7 under section 1118(a)(3);

8 ‘‘(C) a description and explanation of the

9 curriculum in use at the school, the forms of as10 sessment used to measure student progress, and

11 the proficiency levels students are expected to

12 meet;

13 ‘‘(D) opportunities for regular meetings to

14 formulate suggestions, share experiences with

15 other parents, and participate as appropriate in

16 decisions relating to the education of their chil17 dren if such parents so desire; and

18 ‘‘(E) timely responses to the suggestions de19 scribed in subparagraph (E).

20 ‘‘(d) SHARED RESPONSIBILITIES FOR HIGH STUDENT

21 PERFORMANCE.—As a component of the school-level paren22 tal involvement policy developed under subsection (b), each

23 school served under this part shall jointly develop with par24 ents for all children served under this part a school-parent

25 compact that outlines how parents, the entire school staff,
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1 and students will share the responsibility for improved stu2 dent achievement and the means by which the school and

3 parents will build and develop a partnership to help chil4 dren achieve the State’s high standards. Such compact

5 shall—

6 ‘‘(1) describe the school’s responsibility to pro7 vide high-quality curriculum and instruction in a

8 supportive and effective learning environment that

9 enables the children served under this part to meet the

10 State’s student performance standards, and the ways

11 in which each parent will be responsible for support12 ing their children’s learning, such as monitoring at13 tendance, homework completion, television watching,

14 volunteering in their child’s classroom, and partici15 pating as appropriate in decisions relating to the

16 education of their children, and positive use of extra17 curricular time; and

18 ‘‘(2) address the importance of communication

19 between teachers and parents on an ongoing basis

20 through, at a minimum—

21 ‘‘(A) parent-teacher conferences in elemen22 tary schools, at least annually, during which the

23 compact shall be discussed as the compact relates

24 to the individual child’s achievement;
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1 ‘‘(B) frequent reports to parents on their

2 children’s progress; and

3 ‘‘(C) reasonable access to staff, opportunities

4 to volunteer and participate in their child’s

5 class, and observation of classroom activities.

6 ‘‘(e) BUILDING CAPACITY FOR INVOLVEMENT.—To en7 sure effective involvement of parents and to support a part8 nership among the school, parents, and the community to

9 improve student achievement, each school and local edu10 cational agency shall—

11 ‘‘(1) provide assistance to participating parents

12 in such areas as understanding the National Edu13 cation Goals, the State’s content standards and State

14 student performance standards, State and local as15 sessments, the requirements of this part, and how to

16 monitor their children’s progress and work with edu17 cators to improve the performance of their children as

18 well as information on how parents can participate

19 in decisions relating to the education of their chil20 dren;

21 ‘‘(2) provide materials and training, such as

22 necessary literacy training that is not otherwise

23 available from other sources to help parents work with

24 their children to improve their children’s achievement;
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1 ‘‘(3) educate teachers, pupil services personnel,

2 principals and other staff, with the assistance of par3 ents, in the value and utility of contributions of par4 ents, and in how to reach out to, communicate with,

5 and work with parents as equal partners, implement

6 and coordinate parent programs, and build ties be7 tween home and school;

8 ‘‘(4) coordinate and integrate parent involve9 ment programs and activities with Head Start, Even

10 Start, home instruction programs for preschool

11 youngsters and Parents as Teachers, and public pre12 school programs, to the extent feasible;

13 ‘‘(5) other activities, as appropriate and feasible,

14 such as parent resource centers and providing oppor15 tunities for parents to learn about child development

16 and child rearing issues beginning at the birth of a

17 child, designed to help parents become full partners in

18 the education of their children; and

19 ‘‘(6) provide such other reasonable support for

20 parental involvement activities under this section as

21 parents may request.

22 ‘‘(f) PARENTAL INFORMATION AND RESOURCE CEN23 TERS.—In States where parental information and resource

24 centers have been established pursuant to section 401 of the

25 Goals 2000: Educate America Act of 1994 (to providing
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1 training, information, and support to parents and individ2 uals who work with parents) local educational agencies and

3 schools receiving assistance under this part shall assist par4 ents and parent organizations by informing such parents

5 and organizations of the existence and purpose of such cen6 ters, providing such parents and organizations with a de7 scription of the services and programs provided by such cen8 ters, advising parents on how to use such centers, and help9 ing parents to contact such centers.

10 ‘‘(g) ACCESSIBILITY.—In carrying out the parental in11 volvement requirements of this part, local educational agen12 cies and schools, to the extent practicable, shall provide full

13 opportunities for the participation of parents with limited14 English proficiency or with disabilities, including provid15 ing information and school profiles in a language and form

16 such parents understand.

17 ‘‘SEC. 1117. PARTICIPATION OF CHILDREN ENROLLED IN

18 PRIVATE SCHOOLS.

19 ‘‘(a) GENERAL REQUIREMENT.—

20 ‘‘(1) IN GENERAL.—To the extent consistent with

21 the number of eligible children identified according to

22 section 1115(b) in a local educational agency who are

23 enrolled in private elementary and secondary schools,

24 a local educational agency shall, after timely and

25 meaningful consultation with appropriate private
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1 school officials, provide such children, on an equitable

2 basis, special educational services or other benefits

3 under this part.

4 ‘‘(2) SECULAR, NEUTRAL, NONIDEOLOGICAL.—

5 Such educational services or other benefits, including

6 materials and equipment, must be secular, neutral,

7 and nonideological.

8 ‘‘(3) EQUITY.—Educational services and other

9 benefits for such private school children shall be equi10 table in comparison to services and other benefits for

11 public school children participating under this part.

12 ‘‘(4) EXPENDITURES.—Expenditures for edu13 cational services and other benefits to eligible private

14 school children shall be equal to the proportion of

15 funds allocated to participating school attendance

16 areas based on the number of children from low-in17 come families who attend private schools.

18 ‘‘(5) PROVISION OF SERVICES.—The local edu19 cational agency may provide such services directly or

20 through contracts with public and private agencies,

21 organizations, and institutions.

22 ‘‘(b) CONSULTATION.—

23 ‘‘(1) IN GENERAL.—To ensure timely and mean24 ingful consultation, a local educational agency shall

25 consult with appropriate private school officials dur-
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1 ing the design and development of the agency’s pro2 grams under this part, on issues such as—

3 ‘‘(A) how the children’s needs will be identi4 fied;

5 ‘‘(B) what services will be offered;

6 ‘‘(C) how and where the services will be pro7 vided; and

8 ‘‘(D) how the services will be assessed.

9 ‘‘(2) TIMING.— Such consultation shall occur be10 fore the local educational agency makes any decision

11 that affects the opportunities of eligible private school

12 children to participate in programs under this part.

13 ‘‘(3) DISCUSSION.—Such consultation shall in14 clude a discussion of service delivery mechanisms a

15 local educational agency can use to provide equitable

16 services to eligible private school children.

17 ‘‘(c) PUBLIC CONTROL OF FUNDS.—

18 ‘‘(1) IN GENERAL.—The control of funds pro19 vided under this part, and title to materials, equip20 ment, and property purchased with those funds, shall

21 be in a public agency, and a public agency shall ad22 minister such funds and property.

23 ‘‘(2) PROVISION OF SERVICES.—(A) The provi24 sion of services under this section shall be provided—

25 ‘‘(i) by employees of a public agency; or
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1 ‘‘(ii) through contract by such public agency

2 with an individual, association, agency, or orga3 nization.

4 ‘‘(B) In the provision of such services, such em5 ployee, person, association, agency, or organization

6 shall be independent of such private school and of any

7 religious organization, and such employment or con8 tract shall be under the control and supervision of

9 such public agency.

10 ‘‘(3) VERIFIABLE DOCUMENTATION.—An official

11 of each private school assisted under this part shall

12 provide to the local educational agency the verifiable

13 documentation necessary to determine the propor14 tionate allocation amount under subsection (a)(4) on

15 which the provision of equitable services under this

16 section will be based.

17 ‘‘(d) STANDARDS FOR A BYPASS.—If a local edu18 cational agency is prohibited by law from providing for the

19 participation on an equitable basis of eligible children en20 rolled in private elementary and secondary schools or if the

21 Secretary determines that a local educational agency has

22 substantially failed or is unwilling to provide for such par23 ticipation, as required by this section, the Secretary shall—

24 ‘‘(1) waive the requirements of this section for

25 such local educational agency; and
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1 ‘‘(2) arrange for the provision of services to such

2 children through arrangements that shall be subject to

3 the requirements of this section and sections 10505

4 and 10506.

5 ‘‘(e) CAPITAL EXPENSES.—

6 ‘‘(1) IN GENERAL.—(A) From the amount appro7 priated for this subsection under section 1002(e) for

8 any fiscal year, each State is eligible to receive an

9 amount that bears the same ratio to the amount so

10 appropriated as the number of private school children

11 who received services under this part in the State in

12 the most recent year for which data satisfactory to the

13 Secretary are available bears to the number of such

14 children in all States in that same year.

15 ‘‘(B) The Secretary shall reallocate any amounts

16 allocated under subparagraph (A) that are not used

17 by a State for the purpose of this subsection to other

18 States on the basis of their respective needs, as deter19 mined by the Secretary.

20 ‘‘(2) CAPITAL EXPENSES.—(A) A local edu21 cational agency may apply to the State educational

22 agency for payments for capital expenses consistent

23 with this subsection.

24 ‘‘(B) State educational agencies shall distribute

25 such funds under this subsection to local educational
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1 agencies based on the degree of need set forth in their

2 respective applications for assistance under this sub3 section.

4 ‘‘(3) USES OF FUNDS.—Any funds appropriated

5 to carry out this subsection shall be used only for cap6 ital expenses incurred to provide equitable services for

7 private school children under this section.

8 ‘‘(4) DEFINITION.—For the purpose of this sub9 section, the term ‘capital expenses’ means—

10 ‘‘(A) expenditures for noninstructional

11 goods and services, such as the purchase, lease, or

12 renovation of real and personal property, includ13 ing mobile educational units and leasing of neu14 tral sites or spaces;

15 ‘‘(B) insurance and maintenance costs;

16 ‘‘(C) transportation; and

17 ‘‘(D) other comparable goods and services.

18 ‘‘SEC. 1118. ASSESSMENT AND LOCAL EDUCATIONAL AGEN19 CY AND SCHOOL IMPROVEMENT.

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

21 receiving funds under this part shall—

22 ‘‘(1) use the State assessments described in the

23 State plan;

24 ‘‘(2) use any additional measures or indicators

25 described in the local educational agency’s plan to re-
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1 view annually the progress of each school served under

2 this part to determine whether the school is meeting,

3 or making adequate progress as defined in section

4 1111(b)(2)(A)(i) toward enabling its students to meet

5 the State’s student performance standards described

6 in the State plan;

7 ‘‘(3) publicize and disseminate to teachers and

8 other staff, parents, students, and the community the

9 results of the annual review under paragraph (1) of

10 all schools served under this part in individual school

11 performance profiles that include disaggregated re12 sults as required by section 1111(b)(3)(I); and

13 ‘‘(4) provide the results of the local annual re14 view to schools so that the local educational agency

15 can continually refine the program of instruction to

16 help all children served under this part in those

17 schools meet the State’s student performance stand18 ards.

19 ‘‘(b) SCHOOL IMPROVEMENT.—

20 ‘‘(1) IN GENERAL.—(A) A local educational

21 agency shall identify for school improvement any

22 school served under this part that—

23 ‘‘(i) has been in program improvement

24 under section 1020 of the Elementary and Sec25 ondary Education Act of 1965 (as such section
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1 was in effect on the day preceding the date of en2 actment of the Improving America’s Schools Act

3 of 1994), for at least two consecutive school years

4 prior to such day;

5 ‘‘(ii) has not made adequate progress as de6 fined in the State’s plan under section

7 1111(b)(2)(A)(i) for two consecutive school years,

8 except that—

9 ‘‘(I) this subparagraph shall not apply

10 to a school if almost every student in such

11 school is meeting the State’s advanced level

12 of performance; or

13 ‘‘(II) in the case of a school that is not

14 operating a schoolwide program such school

15 may be reviewed on the progress of only

16 those students that have been, are, or will

17 be, served under this part; or

18 ‘‘(iii) has failed to meet the criteria estab19 lished by the State through the State’s transi20 tional procedure under section 1111(b)(5)(C) for

21 two consecutive years.

22 ‘‘(B) Before identifying a school for school im23 provement under paragraph (1), the local educational

24 agency shall provide the school with an opportunity

25 to review the school-level data, including assessment
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1 data, on which such identification is based. If the

2 school believes that such identification for school im3 provement is in error, such school may provide evi4 dence to the local educational agency to support such

5 belief.

6 ‘‘(2) REQUIREMENT.—(A) Each school identified

7 under paragraph (1) shall—

8 ‘‘(i) in consultation with parents, the local

9 educational agency, and the school support team,

10 develop or revise a school plan in ways that have

11 the greatest likelihood of improving the perform12 ance of participating children in meeting the

13 State’s student performance standards; and

14 ‘‘(ii) submit the plan to the local edu15 cational agency for approval.

16 ‘‘(B) During the first year immediately following

17 identification under paragraph (1), the school shall

18 implement such school’s plan.

19 ‘‘(3) TECHNICAL ASSISTANCE.—For each school

20 identified under paragraph (1), the local educational

21 agency shall provide technical assistance as the school

22 develops and implements such school’s plan.

23 ‘‘(4) CORRECTIVE ACTION.—(A) The local edu24 cational agency may take corrective action at any

25 time against a school that has been identified under
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1 paragraph (1), but, during the third year following

2 identification under paragraph (1), shall take such

3 action against any school that still fails to make ade4 quate progress.

5 ‘‘(B)(i) Corrective actions are those, consistent

6 with State and local law, determined and made pub7 lic and disseminated by the local educational agency,

8 which may include—

9 ‘‘(I) withholding funds;

10 ‘‘(II) an aggressive joint plan between the

11 local educational agency and the school that ad12 dresses specific elements of student performance

13 problems and that specifies school and local re14 sponsibilities under the plan;

15 ‘‘(III) interagency collaborative agreements

16 between the school and other public agencies to

17 provide health, counseling, and other social serv18 ices needed to remove barriers to learning;

19 ‘‘(IV) waivers or modifications of require20 ments of local educational agency policy or regu21 lation that impede the ability of the school to

22 educate students;

23 ‘‘(V) revoking authority for a school to oper24 ate a schoolwide program;
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1 ‘‘(VI) decreasing decisionmaking authority

2 at the school level;

3 ‘‘(VII) making alternative governance ar4 rangements such as the creation of a public char5 ter school;

6 ‘‘(VIII) reconstituting the school staff; and

7 ‘‘(IX) authorizing students to transfer, in8 cluding transportation costs, to other public

9 schools served by the local educational agency.

10 ‘‘(ii) Notwithstanding clause (i), corrective ac11 tions taken pursuant to this part shall not include the

12 actions described in subclauses (I), (V), (VI), (VIII),

13 (IX) of clause (i) until the State has developed assess14 ments that meet the requirements of paragraph (3)(E)

15 of section 1111(b).

16 ‘‘(C) Prior to implementing any corrective ac17 tion, the local educational agency may refrain from

18 such corrective action to the extent that the failure to

19 make progress can be attributed to extenuating cir20 cumstances, such as sudden and significant reductions

21 in Federal funding in a single year, as determined by

22 the Secretary.

23 ‘‘(5) STATE EDUCATIONAL AGENCY RESPONSIBIL24 ITIES.—The State educational agency shall—
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1 ‘‘(A) make assistance from school support

2 teams and distinguished educators under section

3 1119 available to the schools farthest from meet4 ing the State’s student performance standards, if

5 requested by the local educational agency or

6 school; and

7 ‘‘(B) if such agency determines that a local

8 educational agency failed to carry out the local

9 educational agency’s responsibilities under para10 graphs (3) and (4), take such corrective actions

11 that the State educational agency deems appro12 priate.

13 ‘‘(6) SPECIAL RULE.—Schools that for at least

14 two of the three years following identification under

15 paragraph (1) make adequate progress toward meet16 ing the State’s proficient and advanced levels of per17 formance shall no longer need to be identified for

18 school improvement.

19 ‘‘(c) STATE REVIEW AND LOCAL EDUCATIONAL AGEN20 CY IMPROVEMENT.—

21 ‘‘(1) IN GENERAL.—A State educational agency

22 shall—

23 ‘‘(A) annually review the progress of each

24 local educational agency receiving funds under

25 this part to determine whether the local edu-
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1 cational agency is making adequate progress as

2 defined in section 1111(b)(2)(A)(ii) toward meet3 ing the State’s student performance standards;

4 and

5 ‘‘(B) publicize and disseminate to local edu6 cational agencies, teachers and other staff, par7 ents, students, and the community the results of

8 the State review, including disaggregated results,

9 as required by section 1111(b)(3)(F).

10 ‘‘(2) REWARDS.—In the case of a local edu11 cational agency that for three consecutive years has

12 met or exceeded the State’s definition of adequate

13 progress as defined in section 1111(b)(2)(A)(ii), the

14 State may make institutional and individual rewards

15 of the kinds described for individual schools in para16 graphs (2) and (3) of section 1119(b).

17 ‘‘(3) IDENTIFICATION.—(A) A State educational

18 agency shall identify for improvement any local edu19 cational agency that—

20 ‘‘(i) for two consecutive years, is not mak21 ing adequate progress as defined in section

22 1111(b)(2)(A)(ii) in schools served under this

23 part toward meeting the State’s student perform24 ance standards, except that schools served by the

25 local educational agency that are not operating
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1 schoolwide programs may be reviewed on the

2 basis of the progress of only those students served

3 under this part; or

4 ‘‘(ii) has failed to meet the criteria estab5 lished by the State through its transitional pro6 cedure under section 1111(b)(5)(C) for two con7 secutive years.

8 ‘‘(B) Before identifying a local educational agen9 cy for improvement under paragraph (1), the State

10 educational agency shall provide the local educational

11 agency with an opportunity to review the school-level

12 data, including assessment data, on which such iden13 tification is based. If the local educational agency be14 lieves that such identification for improvement is in

15 error, such local educational agency may provide evi16 dence to the State educational agency to support such

17 belief.

18 ‘‘(4) LOCAL EDUCATIONAL AGENCY REVISIONS.—

19 Each local educational agency identified under para20 graph (3) shall, in consultation with schools, parents,

21 and educational experts, revise its local educational

22 agency plan under section 1112 in ways that have the

23 greatest likelihood of improving the performance of

24 schools served by the local educational agency in

25 meeting the State’s student performance standards.
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1 ‘‘(5) STATE EDUCATIONAL AGENCY RESPONSIBIL2 ITIES.—For each local educational agency identified

3 under paragraph (3), the State educational agency

4 shall—

5 ‘‘(A) provide technical assistance to better

6 enable the local educational agency to develop

7 and implement the local educational agency’s re8 vised plan and work with schools needing im9 provement; and

10 ‘‘(B) make available to the local educational

11 agencies farthest from meeting the State’s stand12 ards, if requested, assistance from school support

13 teams and distinguished educators under section

14 1119.

15 ‘‘(6) CORRECTIVE ACTION.—(A) The State edu16 cational agency may take corrective action at any

17 time against a local educational agency that has been

18 identified under paragraph (3), but, during the fourth

19 year following identification under paragraph (3),

20 shall take such action against any local educational

21 agency that still fails to make adequate progress.

22 ‘‘(B)(i) Corrective actions are those, consistent

23 with State law, determined and made public and dis24 seminated by the State educational agency, which

25 may include—
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1 ‘‘(I) the withholding of funds;

2 ‘‘(II) an aggressive joint plan between the

3 State and local educational agency that address4 es specific elements of student performance prob5 lems and that specifies State and local respon6 sibilities under the plan;

7 ‘‘(III) interagency collaborative agreements

8 between the local educational agency and other

9 public agencies to provide health, pupil services,

10 and other social services needed to remove bar11 riers to learning;

12 ‘‘(IV) waivers or modification of require13 ments of State law or regulation (in States in

14 which such waivers are permitted) that impede

15 the ability of a local educational agency to edu16 cate students;

17 ‘‘(V) reconstitution of school district person18 nel;

19 ‘‘(VI) appointment by the State educational

20 agency of a representative to implement, in con21 junction with the local educational agency, a

22 program improvement plan;

23 ‘‘(VII) removal of particular schools from

24 the jurisdiction of the local educational agency

25 and establishment of alternative arrangements
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1 for the public governance and supervision of such

2 schools, including contracts with private man3 agement companies;

4 ‘‘(VIII) authorizing students to transfer to

5 another public school, including the cost of trans6 portation; and

7 ‘‘(IX) contracting out the management of

8 troubled schools to private management firms.

9 ‘‘(ii) Notwithstanding clause (i), corrective ac10 tions taken pursuant to this part shall not include the

11 actions described in subclauses (I), (V), and (VII) of

12 clause (i) until the State has developed assessments

13 that meet the requirements of paragraph (3)(E) of

14 section 1111(b).

15 ‘‘(C) Prior to implementing any corrective ac16 tion, the State educational agency shall provide due

17 process, including a hearing, to any local educational

18 agency identified under paragraph (3) and may re19 frain from such corrective action to the extent that the

20 failure to make progress can be attributed to such ex21 tenuating circumstances as determined by the Sec22 retary.

23 ‘‘(7) SPECIAL RULE.—Local educational agencies

24 that for at least two of the three years following iden25 tification under paragraph (3) make adequate
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1 progress toward meeting the State’s standards no

2 longer need to be identified for local educational agen3 cy improvement.

4 ‘‘(d) OTHER ACCOUNTABILITY SYSTEMS.—If a State

5 has developed an accountability system for all children that,

6 in the Secretary’s judgment, is as rigorous as the system

7 required by this section and can serve as basis for the ac8 countability of programs under this part, then the Sec9 retary may deem such system as meeting the requirements

10 of this section.

11 ‘‘(e) CONSTRUCTION.—Nothing in this section shall be

12 construed to alter or otherwise affect the rights, remedies,

13 and procedures afforded school or school district employees

14 under Federal, State, or local laws (including applicable

15 regulations or court orders) or under the terms of collective

16 bargaining agreements, memoranda of understanding, or

17 other agreements between such employees and their employ18 ers.

19 ‘‘SEC. 1119. STATE ASSISTANCE FOR SCHOOLS SUPPORT

20 AND IMPROVEMENT.

21 ‘‘(a) SYSTEM FOR SUPPORT.—Each State educational

22 agency shall establish a statewide system of intensive and

23 sustained support and improvement for schools receiving

24 funds under this title, including schoolwide programs and

25 schools in need of program improvement.
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1 ‘‘(b) COMPONENTS.—The system, at a minimum, shall

2 include the following:

3 ‘‘(1) SCHOOL SUPPORT TEAMS.—

4 ‘‘(A) Each State, in consultation with local

5 educational agencies and schools, shall establish

6 a system of school support teams to provide in7 formation and assistance to schoolwide pro8 grams, or a school in which the number of stu9 dents in poverty is equal to or greater than 75

10 percent of the total number of students enrolled

11 in such school and such school is identified as in

12 need of improvement under section 1118(b)(1).

13 ‘‘(B) Each such team shall be composed of

14 persons, including teachers, pupil services per15 sonnel, representatives of organizations knowl16 edgeable about successful schoolwide projects or

17 comprehensive school reform, and other persons

18 who are knowledgeable about research and prac19 tice on teaching and learning, particularly about

20 strategies for improving the educational opportu21 nities for eligible children, such as representa22 tives of institutions of higher education, regional

23 educational laboratories or research centers, and

24 outside consultant groups.
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1 ‘‘(C) A school support team shall work coop2 eratively with each school and make rec3 ommendations as the school develops its

4 schoolwide program plan or school improvement

5 plan, review each plan, and make recommenda6 tions to the school and the local educational

7 agency.

8 ‘‘(D) During the operation of the schoolwide

9 program or during school improvement activi10 ties, a school support team shall—

11 ‘‘(i) periodically review the progress of

12 the school in enabling children in the school

13 to meet the State’s performance standards

14 under this part;

15 ‘‘(ii) identify problems in the design

16 and operation of the instructional program;

17 and

18 ‘‘(iii) make recommendations for im19 provement to the school and the local edu20 cational agency.

21 ‘‘(E) Funds made available for State ad22 ministration and, at the discretion of the local

23 educational agency, funds available to local edu24 cational agencies under this part may be used to

25 pay the costs of the school support teams.
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1 ‘‘(2) DISTINGUISHED SCHOOLS.—(A) Each State

2 shall designate as a distinguished school—

3 ‘‘(i) any school served under this part that,

4 for three consecutive years, has exceeded the

5 State’s definition of adequate progress as defined

6 in section 1111(b)(2)(A)(i); and

7 ‘‘(ii) any school in which almost every stu8 dent has met the State’s advanced level of per9 formance.

10 ‘‘(B)(i) A State shall use funds available under

11 section 1701(c) to recognize distinguished schools, in12 cluding making monetary awards.

13 ‘‘(ii) Funds awarded to a distinguished school

14 may be used by the school to further the school’s edu15 cational program under this part, provide additional

16 incentives for continued success, and reward individ17 uals or groups in the school for past performance.

18 ‘‘(C) A local educational agency may also recog19 nize the success of a distinguished school by providing

20 additional institutional and individual rewards, such

21 as greater decisionmaking authority at the school

22 building level, increased access to resources or supple23 mental services such as summer programs that may

24 be used to sustain or increase success, additional pro25 fessional development opportunities, opportunities to
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1 participate in special projects, and individual finan2 cial bonuses.

3 ‘‘(D) Schools designated as distinguished schools

4 under such subparagraph (A) may serve as models

5 and provide additional assistance to other schools

6 served under this part, especially schoolwide pro7 grams and schools in school improvement, that are

8 not making adequate progress.

9 ‘‘(3) DISTINGUISHED EDUCATORS.—

10 ‘‘(A) In order to provide assistance to

11 schools and local educational agencies identified

12 as needing improvement and schools participat13 ing in schoolwide programs, each State, in con14 sultation with local educational agencies and

15 using funds available under section 1701(c),

16 shall establish a corps of distinguished educators.

17 ‘‘(B) When possible, distinguished educators

18 shall be chosen from schools served under this

19 part that have been especially successful in ena20 bling children to meet or make outstanding

21 progress toward meeting the State’s student per22 formance standards, such as the schools described

23 in paragraph (2).

24 ‘‘(C) Distinguished educators shall provide,

25 as part of the statewide system, intensive and
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1 sustained assistance to the schools and local edu2 cational agencies furthest from meeting the

3 State’s student performance standards and to

4 schoolwide programs as such programs develop

5 and implement their plans, including participa6 tion in the support teams described in para7 graph (1).

8 ‘‘(c) IMPLEMENTATION.—In order to implement this

9 section, funds made available under section 1701(c) may

10 be used by a State for release time for teachers and adminis11 trators, travel, training, and other related costs.

12 ‘‘(d) ALTERNATIVES.—

13 ‘‘(1) IN GENERAL.—The State may devise alter14 native or additional approaches to providing the as15 sistance described in paragraphs (1) and (3) of sub16 section (b), such as providing assistance through in17 stitutions of higher education and educational service

18 agencies or other local consortia and may use funds

19 authorized in section 1701(c) for such approaches.

20 ‘‘(2) INAPPLICABILITY.—Paragraphs (1) and (3)

21 of subsection (b) shall not apply to a State edu22 cational agency if such agency determines that a local

23 educational agency or school is receiving adequate

24 technical assistance from a source other than the

25 State educational agency.
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1 ‘‘SEC. 1120. FISCAL REQUIREMENTS.

2 ‘‘(a) MAINTENANCE OF EFFORT.—A local educational

3 agency may receive funds under this part for any fiscal

4 year only if the State educational agency finds that the

5 local educational agency has maintained its fiscal effort in

6 accordance with section 10501 of this Act.

7 ‘‘(b) FEDERAL FUNDS TO SUPPLEMENT, NOT SUP8 PLANT, NON-FEDERAL FUNDS.—

9 ‘‘(1) IN GENERAL.—(A) Except as provided in

10 subparagraph (B), a State or local educational agen11 cy shall use funds received under this part only to

12 supplement the amount of funds that would, in the

13 absence of such Federal funds, be made available from

14 non-Federal sources for the education of pupils par15 ticipating in programs assisted under this part, and

16 not to supplant such funds.

17 ‘‘(B) For the purpose of complying with sub18 paragraph (A), a State or local educational agency

19 may exclude supplemental State and local funds ex20 pended in any eligible school attendance area or

21 school for programs that meet the requirements of sec22 tion 1114 or 1115.

23 ‘‘(2) SPECIAL RULE.—No local educational agen24 cy shall be required to provide services under this

25 part through a particular instructional method or in

26 a particular instructional setting in order to dem-
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1 onstrate such agency’s compliance with paragraph

2 (1).

3 ‘‘(c) COMPARABILITY OF SERVICES.—

4 ‘‘(1) IN GENERAL.—(A) Except as provided in

5 paragraphs (4) and (5), a local educational agency

6 may receive funds under this part only if State and

7 local funds will be used in schools served under this

8 part to provide services that, taken as a whole, are at

9 least comparable to services in schools that are not re10 ceiving funds under this part.

11 ‘‘(B) If the local educational agency is serving

12 all of such agency’s schools under this part, such

13 agency may receive funds under this part only if such

14 agency will use State and local funds to provide serv15 ices that, taken as a whole, are substantially com16 parable in each school.

17 ‘‘(C) A local educational agency may meet the

18 requirements of subparagraphs (A) and (B) on a

19 grade-span by grade-span basis or a school-by-school

20 basis.

21 ‘‘(2) WRITTEN ASSURANCE.—(A) A local edu22 cational agency shall be considered to have met the re23 quirements of paragraph (1) if such agency has filed

24 with the State educational agency a written assur-
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1 ance that such agency has established and imple2 mented—

3 ‘‘(i) a local educational agency-wide salary

4 schedule;

5 ‘‘(ii) a policy to ensure equivalence among

6 schools in teachers, administrators, and other

7 staff; and

8 ‘‘(iii) a policy to ensure equivalence among

9 schools in the provision of curriculum materials

10 and instructional supplies.

11 ‘‘(B) Unpredictable changes in student enroll12 ment or personnel assignments which occur after the

13 beginning of a school year shall not be included as a

14 factor in determining comparability of services.

15 ‘‘(C) A local educational agency need not include

16 unpredictable changes in student enrollment or per17 sonnel assignments that occur after the beginning of

18 a school year in determining comparability of services

19 under this subsection.

20 ‘‘(3) PROCEDURES AND RECORDS.—Each local

21 educational agency shall—

22 ‘‘(A) develop procedures for compliance with

23 this subsection; and
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1 ‘‘(B) maintain records that are updated bi2 ennially documenting such agency’s compliance

3 with this subsection.

4 ‘‘(4) INAPPLICABILITY.—This subsection shall

5 not apply to a local educational agency that does not

6 have more than one building for each grade span.

7 ‘‘(5) COMPLIANCE.—For the purpose of deter8 mining compliance with paragraph (1), a local edu9 cational agency may exclude State and local funds

10 expended for—

11 ‘‘(A) bilingual education for children of

12 limited-English proficiency; and

13 ‘‘(B) excessive costs of providing services to

14 children with disabilities as determined by the

15 local educational agency.

16 ‘‘Subpart 2—Allocations

17 ‘‘SEC. 1121. GRANTS FOR THE OUTLYING AREAS AND THE

18 SECRETARY OF THE INTERIOR.

19 ‘‘(a) RESERVATION OF FUNDS.—From the amount ap20 propriated for payments to States for any fiscal year under

21 section 1002(a), the Secretary shall reserve a total of 1 per22 cent to provide assistance to—

23 ‘‘(1) the outlying areas on the basis of their re24 spective need for such assistance according to such
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1 criteria as the Secretary determines will best carry

2 out the purpose of this part; and

3 ‘‘(2) the Secretary of the Interior in the amount

4 necessary to make payments pursuant to subsection

5 (c).

6 ‘‘(b) ASSISTANCE TO THE OUTLYING AREAS.—

7 ‘‘(1) IN GENERAL.—From amounts made avail8 able under subsection (a)(1) in each fiscal year the

9 Secretary shall make grants to local educational agen10 cies in the outlying areas in accordance with rec11 ommendations from the Pacific Regional Educational

12 Laboratory which shall conduct a competition for

13 such grants.

14 ‘‘(2) ADMINISTRATIVE COSTS.—The Secretary

15 shall provide 5 percent of amounts made available for

16 grants under this paragraph in each fiscal year to the

17 Pacific Regional Educational Laboratory to pay the

18 administrative costs of such laboratory with respect to

19 the activities under this subsection.

20 ‘‘(c) ALLOTMENT TO THE SECRETARY OF THE INTE21 RIOR.—

22 ‘‘(1) IN GENERAL.—The amount allotted for pay23 ments to the Secretary of the Interior under sub24 section (a)(2) for any fiscal year shall be, as deter25 mined pursuant to criteria established by the Sec-
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1 retary, the amount necessary to meet the special edu2 cational needs of—

3 ‘‘(A) Indian children on reservations served

4 by elementary and secondary schools for Indian

5 children operated or supported by the Depart6 ment of the Interior; and

7 ‘‘(B) out-of-State Indian children in ele8 mentary and secondary schools in local edu9 cational agencies under special contracts with

10 the Department of the Interior.

11 ‘‘(2) PAYMENTS.—From the amount allotted for

12 payments to the Secretary of the Interior under sub13 section (a)(2), the Secretary of the Interior shall make

14 payments to local educational agencies, upon such

15 terms as the Secretary determines will best carry out

16 the purposes of this part, with respect to out-of-State

17 Indian children described in paragraph (1). The

18 amount of such payment may not exceed, for each

19 such child, the greater of—

20 ‘‘(A) 40 percent of the average per pupil ex21 penditure in the State in which the agency is lo22 cated; or

23 ‘‘(B) 46 percent of such expenditure in the

24 United States.
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1 ‘‘SEC. 1122. ALLOCATIONS TO STATES.

2 ‘‘(a) ADJUSTMENTS WHERE NECESSITATED BY AP3 PROPRIATIONS.—

4 ‘‘(1) IN GENERAL.—If the sums made available

5 under this part for any fiscal year are insufficient to

6 pay the full amounts that all local educational agen7 cies in all States are eligible to receive under section

8 1123 for such year, the Secretary first shall ratably

9 reduce the allocations to such local educational agen10 cies for such year.

11 ‘‘(2) ADDITIONAL FUNDS.—If additional funds

12 become available for making payments under section

13 1123 for such fiscal year, allocations that were re14 duced under paragraph (1) shall be increased on the

15 same basis as such allocations were reduced.

16 ‘‘(b) HOLD-HARMLESS AMOUNTS.—

17 ‘‘(1) IN GENERAL.—Except as provided in para18 graph (2), the total amount made available to each

19 State under section 1123—

20 ‘‘(A) for fiscal year 1995, shall not be less

21 than 100 percent of the total amount such State

22 received under sections 1005 and 1006 (as such

23 sections were in existence on the day preceding

24 the date of enactment of the Improving Ameri25 ca’s Schools Act of 1994) for fiscal year 1994;
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1 ‘‘(B) for fiscal year 1996, shall not be less

2 than 90 percent of the total amount such State

3 received under section 1123 for fiscal year 1995;

4 and

5 ‘‘(C) for fiscal year 1997 and each succeed6 ing fiscal year, shall not be less than 85 percent

7 of the total amount such State received in the fis8 cal year preceding the fiscal year for which the

9 determination is made.

10 ‘‘(2) RATABLE REDUCTIONS.—(A) If the sums

11 made available under this part for any fiscal year are

12 insufficient to pay the full amounts that all States

13 are eligible to receive under paragraph (1) for such

14 year, the Secretary shall ratably reduce such amounts

15 for such year.

16 ‘‘(B) If additional funds become available for

17 making payments under paragraph (1) for such fiscal

18 year, amounts that were reduced under subparagraph

19 (A) shall be increased on the same basis as such

20 amounts reduced.

21 ‘‘(c) DEFINITION.—For the purpose of this section and

22 section 1123, the term State means each of the 50 States,

23 the District of Columbia, and the Commonwealth of Puerto

24 Rico.
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1 ‘‘SEC. 1123. GRANTS TO STATES.

2 ‘‘(a) AMOUNT OF GRANTS.—

3 ‘‘(1) IN GENERAL.—(A) In any case in which the

4 Secretary determines that satisfactory data for local

5 educational agencies are available to carry out deter6 minations under paragraph (2), the grant which a

7 State is eligible to receive under this subpart for a fis8 cal year shall be the aggregate amount of grants for

9 all local educational agencies in that State, as deter10 mined under paragraph (2).

11 ‘‘(B) In any case in which the Secretary deter12 mines that satisfactory data for local educational

13 agencies are not available to carry out determinations

14 under paragraph (2), the grant which a State is eligi15 ble to receive for a fiscal year shall be the aggregate

16 amounts of grants for all counties in that State, as

17 determined under paragraph (2).

18 ‘‘(2) GRANTS FOR STATES.—(A)(i) The grant for

19 a local educational agency shall be determined by

20 multiplying the number of children determined under

21 subsection (c)(2) by 40 percent of the amount deter22 mined under the next sentence, multiplying such

23 product by the effort factor described in clause (ii)

24 and multiplying such product by the equity factor de25 scribed in clause (iii). The amount determined under

26 this sentence shall be the average per pupil expendi-
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1 ture in the State except that (I) if the average per

2 pupil expenditure in the State is less than 85 percent

3 of the average per pupil expenditure in the United

4 States, such amount shall be 85 percent of the average

5 per pupil expenditure in the United States, or (II) if

6 the average per pupil expenditure in the State is

7 more than 115 percent of the average per pupil ex8 penditure in the United States, such amount shall be

9 115 percent of the average per pupil expenditure in

10 the United States.

11 ‘‘(ii)(I) Except as provided in subclause (II), the

12 effort factor for a local educational agency shall be de13 termined in accordance with the succeeding sentence,

14 except that such factor shall not be less than .95 nor

15 more than 1.05. The effort factor determined under

16 this sentence shall be a fraction the numerator of

17 which is the product of the average per pupil expendi18 ture for kindergarten through 12th grade education in

19 the State served by the local educational agency mul20 tiplied by the per capita income in the United States

21 and the denominator of which is the product of the

22 per capita income in such State multiplied by the av23 erage per pupil expenditure for kindergarten through

24 12th grade education in the United States.
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1 ‘‘(II) The effort factor for the Commonwealth of

2 Puerto Rico shall be equal to the lowest effort factor

3 calculated under subclause (I) for any State.

4 ‘‘(iii)(I) Except as provided in subclause (II),

5 the equalization factor for a local educational agency

6 shall be determined in accordance with the succeeding

7 sentence. The equalization factor determined under

8 this sentence shall be calculated as follows: First, cal9 culate the difference (expressed as a positive amount)

10 between the average per pupil expenditure in the

11 State served by the local educational agency and the

12 average per pupil expenditure in each local edu13 cational agency in the State and multiply such dif14 ference by the total student enrollment for such agen15 cy, except that children from low-income families

16 shall be multiplied by a factor of 1.4 to calculate such

17 enrollment. Second, add the products under the pre18 ceding sentence for each local educational agency in

19 such State and divide such sum by the total student

20 enrollment of such State, except that children from

21 low-income families shall be multiplied by a factor of

22 1.4 to calculate such enrollment. Third, divide the

23 quotient under the preceding sentence by the average

24 per pupil expenditure in such State. The equalization
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1 factor shall be equal to 1 minus the amount deter2 mined in the previous sentence.

3 ‘‘(II) The equalization factor for a local edu4 cational agency serving a State that meets the dispar5 ity standard described in section 222.63 of title 34,

6 Code of Federal Regulations (as such section was in

7 effect on the day preceding the date of enactment of

8 the Improving America’s Schools Act of 1994) shall

9 have a maximum coefficient of variation of .10.

10 ‘‘(iv) SPECIAL RULE.—Notwithstanding the pro11 visions of section 1122(b)—

12 ‘‘(I) For fiscal year 1995, no State’s alloca13 tion shall be increased by an amount greater

14 than 2 percent or reduced by an amount greater

15 than 2 percent of the amount to which it would

16 otherwise be entitled when the provisions of

17 clause (iii) are multiplied according to the pro18 visions of paragraph (2) of this section.

19 ‘‘(II) For fiscal year 1996, no State’s allo20 cation shall be increased by an amount greater

21 than 4 percent or reduced by an amount greater

22 than 4 percent of the amount to which it would

23 otherwise be entitled when the provisions of

24 clause (iii) are multiplied according to the pro25 visions of paragraph (2) of this section.
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1 ‘‘(III) For fiscal year 1997, no State’s allo2 cation shall be increased by an amount greater

3 than 6 percent or reduced by an amount greater

4 than 6 percent of the amount to which it would

5 otherwise be entitled when the provisions of

6 clause (iii) are multiplied according to the pro7 visions of paragraph (2) of this section.

8 ‘‘(B) For each fiscal year, the Secretary shall de9 termine the percentage which the average per pupil

10 expenditure in the Commonwealth of Puerto Rico is

11 of the lowest average per pupil expenditure of any of

12 the 50 States. The grant which the Commonwealth of

13 Puerto Rico shall be eligible to receive under this sub14 part for a fiscal year shall be determined by mul15 tiplying the product of the effort factor for the Com16 monwealth of Puerto Rico under subparagraph

17 (A)(ii)(II) for such year multiplied by the equity fac18 tor for the Commonwealth of Puerto Rico under sub19 paragraph (A)(iii)(II)(aa) for such year by the

20 amount arrived at by multiplying the number of chil21 dren counted under subsection (c) for the Common22 wealth of Puerto Rico by the product of—

23 ‘‘(i) the percentage determined under the

24 preceding sentence for such year; and
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1 ‘‘(ii) 34 percent of the average per pupil ex2 penditure in the United States for such year.

3 ‘‘(b) MINIMUM NUMBER OF CHILDREN TO QUALIFY.—

4 The children served by a local educational agency shall be

5 counted for a fiscal year under this subpart only if such

6 agency meets the following requirements with respect to the

7 number of children counted under subsection (c)(1):

8 ‘‘(1) In any case (except as provided in para9 graph (3)) in which the Secretary determines that

10 satisfactory data for the purpose of this subsection as

11 to the number of such children are available on a

12 school district basis, the number of such children in

13 the school district of such local educational agency

14 shall be at least 10.

15 ‘‘(2) In any other case, except as provided in

16 paragraph (3), the number of such children in the

17 county which includes such local educational agency’s

18 school district shall be at least 10.

19 ‘‘(3) In any case in which a county includes a

20 part of the school district of the local educational

21 agency concerned and the Secretary has not deter22 mined that satisfactory data for the purpose of this

23 subsection are available on a school district basis for

24 all the local educational agencies or all the counties

25 into which the school district of the local educational
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1 agency concerned extends, the eligibility requirement

2 with respect to the number of such children for such

3 local educational agency shall be determined in ac4 cordance with regulations prescribed by the Secretary

5 for the purposes of this subsection.

6 ‘‘(c) DETERMINATION OF WEIGHTED NUMBER OF

7 CHILDREN.—

8 ‘‘(1) CHILDREN TO BE COUNTED.—(A) The num9 ber of children to be counted for purposes of this sec10 tion is the aggregate of—

11 ‘‘(i) the number of children aged 5 to 17,

12 inclusive, in the school district of the local edu13 cational agency from families below the poverty

14 level; and

15 ‘‘(ii) the number of children aged 5 to 17,

16 inclusive, in the school district of such agency

17 living in institutions for neglected or delinquent

18 children (other than such institutions operated

19 by the United States) but not counted pursuant

20 to subpart 3 of part E for the purposes of a

21 grant to a State agency, or being supported in

22 foster homes with public funds.

23 ‘‘(B) For the purposes of this section, the Sec24 retary shall determine the number of children counted

25 under subparagraph (A) on the basis of the most re-
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1 cent satisfactory data available from the Department

2 of Commerce for local educational agencies (or, if

3 such data are not available for such agencies, for

4 counties); and in determining the families which are

5 below the poverty level, the Secretary shall utilize the

6 criteria of poverty used by the Bureau of the Census

7 in compiling the most recent decennial census.

8 ‘‘(2) DETERMINATION OF NUMBER OF CHIL9 DREN.—(A) The number of children to be determined

10 for purposes of this paragraph shall be the number of

11 children counted under paragraph (1) multiplied by

12 the weighting factor for the local educational agency.

13 The weighting factor shall be established on the basis

14 of the percentage that the number of children counted

15 under paragraph (1) represents of the total popu16 lation aged 5 to 17, inclusive, in the local educational

17 agency or the number of such children. Weighted

18 pupil counts shall be calculated based upon both per19 centage and number and the larger of the two counts

20 shall be used in calculating grants for each local edu21 cational agency. Except as provided in subparagraph

22 (B), weighting factors shall be assigned according to

23 the following scale: if the percentage is greater than

24 0 but less than 12.20, the weighting factor shall be

25 1.00 for all children counted under paragraph (1); if
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1 the percentage is greater than 12.20 but less than

2 17.70, the weighting factor shall be 1.00 for a number

3 of children counted under paragraph (1) equal to

4 12.20 percent of the total school age population and

5 1.10 for children counted under paragraph (1) in ex6 cess of 12.20 percent of the total school age popu7 lation; if the percentage is greater than 17.70 percent

8 but less than 22.80 percent, then the weighting factor

9 shall be 1.00 for a number of children counted under

10 paragraph (1) equal to 12.20 percent of the total

11 school age population, 1.10 for a number of children

12 counted under paragraph (1) equal to 5.50 percent of

13 the total school age population, and 1.20 for children

14 counted under paragraph (1) in excess of 17.70 per15 cent of the total school age population; if the percent16 age is greater than 22.80 percent but less than 29.70

17 percent, then the weighting factor shall be 1.00 for a

18 number of children counted under paragraph (1)

19 equal to 12.20 percent of the total school age popu20 lation, 1.10 for a number of children counted under

21 paragraph (1) equal to 5.50 percent of the total school

22 age population, 1.20 for a number of children counted

23 under paragraph (1) equal to 5.10 percent of the total

24 school age population, and 1.30 for children counted

25 under paragraph (1) in excess of 22.80 percent of the
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1 total school age population; and if the percentage is

2 greater than 29.70, then the weighting factor shall be

3 1.00 for a number of children counted under para4 graph (1) equal to 12.20 percent of the total school

5 age population, 1.10 for a number of children counted

6 under paragraph (1) equal to 5.50 percent of the total

7 school age population, 1.20 for a number of children

8 counted under paragraph (1) equal to 5.10 percent of

9 the total school age population, 1.30 for a number of

10 children counted under paragraph (1) equal to 6.90

11 percent of the total school age population, and 1.40

12 for children counted under paragraph (1) in excess of

13 29.70 percent of the total school age population. Sepa14 rately, if the number of children counted under para15 graph (1) is greater than 0 but less than 1917, the

16 weighting factor shall be 1.00 for all children counted

17 under paragraph (1); if the number is greater than

18 1917 but less than 5,938, the weighting factor shall be

19 1.00 for a number of children counted under para20 graph (1) equal to 1917, and 1.075 for children

21 counted under paragraph (1) in excess of 1917; if the

22 number is greater than 5,938 but less than 20,199,

23 then the weighting factor shall be 1.00 for a number

24 of children counted under paragraph (1) equal to

25 1917, 1.075 for a number of children counted under
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1 paragraph (1) equal to 4,021, and 1.150 for children

2 counted under paragraph (1) in excess of 5,938; if the

3 number is greater than 20,199 but less than 77,999

4 then the weighting factor shall be 1.00 for a number

5 of children counted under paragraph (1) equal to

6 1917, 1.075 for a number of children counted under

7 paragraph (1) equal to 4,021, 1.150 for a number of

8 children counted under paragraph (1) equal to

9 14,261, and 1.225 for children counted under para10 graph (1) in excess of 20,199; and if the number is

11 greater than 77,999, then the weighting factor shall be

12 1.00 for a number of children counted under para13 graph (1) equal to 1917, 1.075 for a number of chil14 dren counted under paragraph (1) equal to 4,021,

15 1.150 for a number of children counted under para16 graph (1) equal to 14,261, 1.225 for a number of chil17 dren counted under paragraph (1) equal to 57,800

18 and 1.30 for children counted under paragraph (1) in

19 excess of 77,999. For the Commonwealth of Puerto

20 Rico, the weighting factor shall be not greater than

21 1.15.

22 ‘‘(B) If the Secretary determines that satisfac23 tory data for local educational agencies are available

24 to carry out determinations under section 1123(a)(2),

25 then the Secretary shall substitute the percentages,
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1 numbers, and quintiles described in section

2 1124(b)(3) for the percentages, numbers, and quintiles

3 described in subparagraph (A).

4 ‘‘(d) STATE MINIMUM.—

5 ‘‘(1) MINIMUM.—Notwithstanding subsections

6 (a)(2)(A)(iv) and (e), for any fiscal year the aggre7 gate amount allotted for all local educational agencies

8 within a State may not be less than one-quarter of 1

9 percent of the total amount available for such fiscal

10 year under this section.

11 ‘‘(2) SPECIAL RULE.—Notwithstanding sub12 sections (a)(2)(A)(iv) and (e), a State shall not be al13 lotted in any fiscal year less than 125 percent of the

14 amount that the State would have received under this

15 section in such fiscal year if the provisions of para16 graph (1) were not applied.

17 ‘‘(e) SPECIAL RULE.—No State shall receive a grant

18 under this section for fiscal year 1995 in an amount that

19 exceeds 115 percent of the amount that would have been al20 located to such State for such fiscal year under subpart 1

21 of part A of chapter 1 of title I (as such subpart was in

22 effect on the day preceding the date of enactment of the Im23 proving America’s Schools Act of 1994).

24 ‘‘SEC. 1124. WITHIN STATE ALLOCATIONS.

25 ‘‘(a) IN GENERAL.—
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1 ‘‘(1) ELIGIBILITY.—No local educational agency

2 shall be eligible for funds under this part unless the

3 number of children counted under subsection (b)(1)

4 for such agency is at least 10 and equal to 5 percent

5 or greater of the number of all children served by such

6 agency.

7 ‘‘(2) HOLD HARMLESS.—(A) Except as provided

8 in subparagraph (B), each local educational agency

9 shall receive an amount under this part for fiscal

10 years 1995 and 1996 that is at least equal to 85 per11 cent of the amount such agency received under this

12 part (or for fiscal year 1994 only, such part’s prede13 cessor authority) in the preceding fiscal year, except

14 that if such agency is not eligible for assistance under

15 paragraph (1) such agency shall only receive the

16 amount provided for under this paragraph for fiscal

17 year 1995.

18 ‘‘(B)(i) If the sums made available under this

19 part for any fiscal year are insufficient to pay the

20 full amounts that all local educational agencies in all

21 States are eligible to receive under subparagraph (A)

22 for such year, the State educational agency shall rat23 ably reduce the allocations to such local educational

24 agencies for such year.
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1 ‘‘(ii) If additional funds become available for

2 making payments under subparagraph (A) for such

3 fiscal year, allocations that were reduced under sub4 paragraph (A) shall be increased on the same basis as

5 such allocations were reduced.

6 ‘‘(3) STATE RESERVE.—(A) For each fiscal year

7 each State may reserve not more than 2 percent of the

8 funds such State receives to carry out this part to

9 award grants to local educational agencies that—

10 ‘‘(i) are not eligible for assistance under

11 paragraph (1); and

12 ‘‘(ii) serve a school attendance area for

13 which the percentage of children counted under

14 subsection (b)(1) that are enrolled in the schools

15 in such area exceeds—

16 ‘‘(I) the percentage of such children in

17 the State; or

18 ‘‘(II) 25 percent.

19 ‘‘(B) The total amount of funds awarded to each

20 local educational agency receiving a grant under this

21 paragraph when added to funds made available under

22 paragraph (2) shall not exceed—

23 ‘‘(i) for fiscal year 1995, the amount such

24 agency received under this part’s predecessor au25 thority in the preceding fiscal year; and
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1 ‘‘(ii) for fiscal year 1996 and each succeed2 ing fiscal year, the average amount received per

3 child under this part in the State multiplied by

4 the number of children counted under subsection

5 (b)(1) in such agency’s school attendance areas

6 described in subparagraph (A)(ii).

7 ‘‘(C) Each State awarding grants under this

8 paragraph shall distribute such grants to local edu9 cational agencies in rank order based on the percent10 age of children from low-income families in each local

11 educational agency’s school attendance area described

12 in subparagraph (A)(ii).

13 ‘‘(D) Each local educational agency receiving a

14 grant under this paragraph only shall use such grants

15 funds to serve school attendance areas described in

16 subparagraph (A)(ii).

17 ‘‘(E) In order to receive a grant under this para18 graph a local educational agency shall provide an as19 surance to the State educational agency serving such

20 local educational agency that such local educational

21 agency has not modified the student assignment prac22 tices of such local educational agency so as to increase

23 the percentage of children from low-income families

24 in each school for which assistance is sought under

25 this paragraph.
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1 ‘‘(b) LOCAL EDUCATIONAL AGENCY ALLOCATIONS.—

2 ‘‘(1) CHILDREN TO BE COUNTED.—(A) The num3 ber of children counted for purposes of this section is

4 the aggregate of—

5 ‘‘(i) the number of children aged 5 to 17,

6 inclusive, in the school district of the local edu7 cational agency from families below the poverty

8 level; and

9 ‘‘(ii) the number of children aged 5 to 17,

10 inclusive, in the school district of such agency

11 living in institutions for neglected or delinquent

12 children (other than such institutions operated

13 by the United States) but not counted pursuant

14 to subpart 3 of part E for the purposes of a

15 grant to a State agency, or being supported in

16 foster homes with public funds.

17 ‘‘(B) In determining the number of children eli18 gible to be counted under subparagraph (A), a State

19 educational agency shall use for each local edu20 cational agency served by such State educational

21 agency—

22 ‘‘(i) data from the Bureau of the Census re23 garding the number of children determined in

24 accordance with section 1123(c)(1)(B);

25 ‘‘(ii) data based on the sum of—
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1 ‘‘(I) the number of children from fami2 lies receiving aid to families with dependent

3 children under part A of title IV of the So4 cial Security Act; and

5 ‘‘(II) the number of children with lim6 ited-English proficiency served by such

7 agency divided by three; or

8 ‘‘(iii) data based on other poverty criteria,

9 including combinations of the data described in

10 clauses (i) and (ii) and combinations of the data

11 described in either such clause and other data,

12 that the State educational agency deems appro13 priate and the Secretary approves, adjusted to be

14 equivalent in proportion to the number of chil15 dren determined in accordance with section

16 1123(c)(1)(B) in the State, except that the State

17 educational agency may submit to the Secretary

18 for approval alternative data that more accu19 rately target poverty.

20 ‘‘(2) ABSORPTION.—In determining the number

21 of children to be counted under this paragraph for

22 each local educational agency, the State educational

23 agency shall subtract 1 percent of the total number of

24 children aged 5 to 17, inclusive, served by such local

25 educational agency from the number of children
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1 counted under paragraph (1) for such local edu2 cational agency.

3 ‘‘(3) WEIGHTED CHILDREN.—From funds made

4 available under section 1123, each State educational

5 agency shall allocate such funds to local educational

6 agencies in the State on the basis of the number of

7 children counted under paragraph (2) for a local edu8 cational agency multiplied by the weighting factor for

9 the local educational agency. The weighting factor

10 shall be established on the basis of the percentage that

11 the number of children counted under paragraph (2)

12 represents of the total population aged 5 to 17, inclu13 sive, in the local educational agency or the number of

14 such children. Weighted pupil counts shall be cal15 culated based upon both percentage and number and

16 the larger of the two counts shall be used in calculat17 ing grants for each local educational agency.

18 Weighting factors shall be assigned according to the

19 following scale, except that a State educational agen20 cy may submit to the Secretary for approval State21 specific quintiles for use in the following percentages

22 or numbers for the State if the use of such quintiles

23 more accurately targets poverty: if the percentage is

24 greater than 0 but less than 14.265, the weighting fac25 tor shall be 1.00 for all children counted under para-
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1 graph (2); if the percentage is greater than 14.265 but

2 less than 21.553, the weighting factor shall be 1.00 for

3 a number of children counted under paragraph (2)

4 equal to 14.265 percent of the total school age popu5 lation and 1.150 for children counted under para6 graph (2) in excess of 14.265 percent of the total

7 school age population; if the percentage is greater

8 than 21.553 percent but less than 29.223 percent, then

9 the weighting factor shall be 1.00 for a number of

10 children counted under paragraph (2) equal to 14.265

11 percent of the total school age population, 1.150 for

12 a number of children counted under paragraph (2)

13 equal to 7.288 percent of the total school age popu14 lation, and 1.300 for children counted under para15 graph (2) in excess of 21.553 percent of the total

16 school age population; if the percentage is greater

17 than 29.223 percent but less than 36.538 percent, then

18 the weighting factor shall be 1.00 for a number of

19 children counted under paragraph (2) equal to 14.265

20 percent of the total school age population, 1.150 for

21 a number of children counted under paragraph (2)

22 equal to 7.288 percent of the total school age popu23 lation, 1.30 for a number of children counted under

24 paragraph (2) equal to 7.67 percent of the total school

25 age population, and 1.450 for children counted under
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1 paragraph (2) in excess of 29.223 percent of the total

2 school age population; and if the percentage is greater

3 than 36.538, then the weighting factor shall be 1.00

4 for a number of children counted under paragraph

5 (2) equal to 14.265 percent of the total school age pop6 ulation, 1.150 for a number of children counted under

7 paragraph (2) equal to 7.288 percent of the total

8 school age population, 1.300 for a number of children

9 counted under paragraph (2) equal to 7.67 percent of

10 the total school age population, 1.450 for a number of

11 children counted under paragraph (2) equal to 7.315

12 percent of the total school age population, and 1.600

13 for children counted under paragraph (2) in excess of

14 36.538 percent of the total school age population. Sep15 arately, if the number of children counted under

16 paragraph (2) is greater than 0 but less than 575, the

17 weighting factor shall be 1.00 for all children counted

18 under paragraph (2); if the number is greater than

19 575 but less than 1,870, the weighting factor shall be

20 1.00 for a number of children counted under para21 graph (2) equal to 575, and 1.10 for children counted

22 under paragraph (2) in excess of 575; if the number

23 is greater than 1,870 but less than 6,910, then the

24 weighting factor shall be 1.00 for a number of chil25 dren counted under paragraph (2) equal to 575, 1.10
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1 for a number of children counted under paragraph

2 (2) equal to 1,295, and 1.20 for children counted

3 under paragraph (2) in excess of 1,870; if the number

4 is greater than 6,910 but less than 42,000 then the

5 weighting factor shall be 1.00 for a number of chil6 dren counted under paragraph (2) equal to 575, 1.10

7 for a number of children counted under paragraph

8 (2) equal to 1,295, 1.20 for a number of children

9 counted under paragraph (2) equal to 5,040, and 1.30

10 for children counted under paragraph (2) in excess of

11 6,910; and if the number is greater than 42,000, then

12 the weighting factor shall be 1.00 for a number of

13 children counted under paragraph (2) equal to 575,

14 1.10 for a number of children counted under para15 graph (2) equal to 1,295, 1.20 for a number of chil16 dren counted under paragraph (2) equal to 5,040,

17 1.30 for a number of children counted under para18 graph (2) equal to 35,090 and 1.40 for children

19 counted under paragraph (2) in excess of 42,000.

20 ‘‘(4) GEOGRAPHIC CIRCUMSTANCES.—In the case

21 of local educational agencies which serve in whole or

22 in part the same geographical area, and in the case

23 of a local educational agency which provides free pub24 lic education for a substantial number of children

25 who reside in the school district of another local edu-
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1 cational agency, the State educational agency may al2 locate the amount of the grants for those local edu3 cational agencies among those local educational agen4 cies in such manner as the State educational agency

5 determines will best carry out the purposes of this

6 part.

7 ‘‘(5) SPECIAL ALLOCATION PROCEDURES.—Upon

8 determination by the State educational agency that a

9 local educational agency in the State is unable or un10 willing to provide for the special educational needs of

11 children described in clause (ii) of section

12 1123(c)(1)(A), who are living in institutions for ne13 glected or delinquent children, the State educational

14 agency shall, if the State educational agency assumes

15 responsibility for the special educational needs of such

16 children, be eligible to receive the portion of the allo17 cation to such local educational agency which is at18 tributable to such neglected or delinquent children,

19 but if the State educational agency does not assume

20 such responsibility, any other State or local public

21 agency, as determined by regulations established by

22 the Secretary, which does assume such responsibility,

23 shall be eligible to receive such portion of the alloca24 tion.
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1 ‘‘(6) SPECIAL RULE.—A local educational agency

2 may reserve not more than 2 percent of the funds such

3 agency receives under this part for each fiscal year to

4 provide services at the discretion of the highest ad5 ministrative official (superintendent) of such agency

6 and consistent with the purposes of this title to a

7 school, if the school is within two rank orders de8 scribed in section 1113(c) of the lowest such rank or9 dered school served under this part.

10 ‘‘PART B—TRANSITION TO SUCCESS

11 ‘‘SEC. 1201. TRANSITION TO SUCCESS.

12 ‘‘(a) SHORT TITLE.—This part may be cited as the

13 ‘Transitions to Success Act of 1994’.

14 ‘‘(b) TRANSITION TO SUCCESS CHALLENGE GRANTS.—

15 ‘‘(1) FUNDING.—(A) Notwithstanding any other

16 provision of law, from amounts appropriated to carry

17 out part A for each fiscal year the Secretary shall re18 serve 1 percent of the total amount made available to

19 all States under such part for such fiscal year, to

20 carry out this part for such year.

21 ‘‘(B) From amounts reserved under subpara22 graph (A) the Secretary shall make available to each

23 State 1 percent of the amount made available to each

24 State under part A, to carry out this part.
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1 ‘‘(2) STATE INCENTIVE REQUIREMENTS.—(A) In

2 order for a State to use the funds made available

3 under paragraph (1), the State shall submit a transi4 tion coordinated services proposal to the Secretary as

5 part of the plan submitted under section 1111.

6 ‘‘(B) If a State fails to submit an acceptable pro7 posal described in subparagraph (A)(i), local edu8 cational agencies within the State may apply to the

9 Secretary directly for funds to carry out this part

10 under such terms and conditions as the Secretary de11 termines will best carry out the activities assisted

12 under this part.

13 ‘‘(3) IN GENERAL.—From amounts made avail14 able under paragraph (1), each State educational

15 agency shall make challenge grants to local edu16 cational agencies that have formed consortia with

17 early childhood development programs including,

18 where available, Head Start, to develop and operate

19 programs that assist low-income elementary school

20 students in kindergarten through third grade (giving

21 priority to students entering their first year of ele22 mentary school) and their families in—

23 ‘‘(A) obtaining supportive services that

24 build on the strength of families, including

25 health, immunization, mental health, nutrition,
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1 parenting education, literacy, and social services

2 (including substance abuse treatment, education,

3 and prevention services); and

4 ‘‘(B) supporting the active involvement of

5 parents in the education of their children.

6 ‘‘(4) SPECIAL RULE.—In awarding grants and

7 administering the program assisted under this sec8 tion, the State educational agency shall consult with

9 the State liaison for the Head Start collaboration

10 grant program under section 640(a)(5) of the Head

11 Start Act and State agencies that administer early

12 childhood development programs, including programs

13 under the Child Care and Development Block Grant

14 Act of 1990.

15 ‘‘(5) TERM OF GRANT.—Each grant awarded

16 under this part shall be for a period of not more than

17 3 years.

18 ‘‘(c) CONSULTATION.—The Secretary shall consult

19 with the Secretary of Health and Human Services to de20 velop regulations and promote coordination of activities as21 sisted under this part with the projects funded under the

22 Head Start Transition Project Act, including a process

23 to—

24 ‘‘(1) collect information on program activities

25 and outcomes; and
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1 ‘‘(2) disseminate information on model pro2 grams.

3 ‘‘(d) ELIGIBILITY.—

4 ‘‘(1) LOCAL EDUCATIONAL AGENCY CONSOR5 TIUM.—A local educational agency shall be eligible for

6 a grant under this part if such agency—

7 ‘‘(A) receives funds under part A;

8 ‘‘(B) has formed a consortium with one or

9 more early childhood development programs that

10 serve children who will enroll in any elementary

11 school located within the school district of such

12 local educational agency, including, where avail13 able, Head Start programs; and

14 ‘‘(C) agrees to contribute an amount equal

15 to $1 of matching funds for every $1 made avail16 able to the local educational agency to carry out

17 this part, which matching funds may include

18 Federal funds, including funds made available

19 under this Act, and State or local funds (includ20 ing in-kind contributions, fairly evaluated).

21 ‘‘(2) COOPERATING AGENCY.—A nonprofit agen22 cy or institution of higher education with experience

23 in early childhood development may participate in a

24 consortium formed under paragraph (1)(B) in devel25 oping, operating, and evaluating programs assisted
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1 under this part, including developing or implement2 ing model approaches to developmentally appropriate

3 curricula.

4 ‘‘(e) FOLLOW THROUGH GRANTEES.—A local edu5 cational agency that is receiving assistance through a pro6 gram under the Follow Through Act shall also be eligible

7 for a grant under this part to complete their Follow

8 Through grant cycle if such agency meets the requirements

9 of subsection (d)(1).

10 ‘‘(f) REQUIREMENTS.—

11 ‘‘(1) IN GENERAL.—To the extent practicable, the

12 State educational agency shall award grants under

13 this part to consortia in both rural and urban areas.

14 ‘‘(2) CRITERIA.—In awarding grants under this

15 part, the State educational agency shall consider—

16 ‘‘(A) the commitment of the members of the

17 consortium to the program for which assistance

18 under this part is requested;

19 ‘‘(B) the proportion of low-income children

20 in the school attendance area where the program

21 assisted under this part will be located; and

22 ‘‘(C) the quality of information and plans

23 in the application.
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1 ‘‘(3) PRIORITY.—In awarding grants under this

2 part, the State educational agency shall give priority

3 to applicants that—

4 ‘‘(A) will operate a program under this

5 part at a school designated for a schoolwide pro6 gram under section 1114;

7 ‘‘(B) serve local educational agencies that

8 have the highest number or percentage of poor

9 children; and

10 ‘‘(C) demonstrate a significant commitment

11 by the community to the proposed program, as

12 evidenced by the level of resources, both cash and

13 in-kind, from other public and private sources

14 available to the consortium.

15 ‘‘(g) APPLICATION.—

16 ‘‘(1) IN GENERAL.—Each local educational agen17 cy consortium seeking a grant under this part shall

18 submit an application to the State educational agen19 cy according to guidelines established by the Sec20 retary. Each such application shall include—

21 ‘‘(A) a description of the activities and serv22 ices for which assistance is sought;

23 ‘‘(B) a description of members of the consor24 tium formed under subsection (d)(1)(B), includ25 ing any cooperating agency;
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1 ‘‘(C) a self-assessment of the programs of the

2 individual consortium members to address the

3 health, immunization, mental health, nutrition,

4 parenting education, literacy, social service (in5 cluding substance abuse treatment, education,

6 and prevention), and educational needs of low7 income students and their families, including the

8 use of a developmentally appropriate curricula,

9 such as a model approach developed under the

10 Follow Through Act;

11 ‘‘(D) a plan for the development of a sup12 portive services team of family service coordina13 tors to—

14 ‘‘(i) assist families, administrators,

15 and teachers to respond to health, immuni16 zation, mental health, nutrition, social serv17 ice, and educational needs of students;

18 ‘‘(ii) conduct home visits and help stu19 dents and their families to obtain health,

20 immunization, mental health, nutrition,

21 parenting education, literacy, education

22 (including tutoring and remedial services),

23 and social services (including substance

24 abuse treatment, education, and preven-
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1 tion), for which such students and their

2 families are eligible;

3 ‘‘(iii) coordinate a family outreach

4 and support program, including a plan for

5 involving parents in the management of the

6 program assisted under this part, in co7 operation with parental involvement efforts

8 undertaken pursuant to this title, the Head

9 Start Act, and the Individuals with Dis10 abilities Education Act, including school11 parent compacts, parent volunteer activi12 ties, parent education services such as the

13 Even Start program, and regular meetings;

14 ‘‘(iv) assist families, administrators,

15 and teachers in enhancing developmental

16 continuity between the programs assisted

17 under the Head Start Act, other early child18 hood development programs, and elementary

19 school classes; and

20 ‘‘(v) prepare a plan for the transition

21 of each child from Head Start, or other

22 early childhood development program, to

23 kindergarten, including—

24 ‘‘(I) a meeting of the early child25 hood development program teacher
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1 with the kindergarten teacher and the

2 child’s parents to discuss the transition

3 of each child and to address any par4 ticular educational needs of such child;

5 and

6 ‘‘(II) the transfer of knowledge

7 about the child, including the transfer

8 (with parental consent) of written

9 records from the early childhood devel10 opment program teacher to the kinder11 garten teacher to become part of the

12 school record of the child;

13 ‘‘(E) the designation of a member of the

14 supportive services team described in subpara15 graph (D) who will serve as the supervisor of

16 such supportive services team;

17 ‘‘(F) assurances that State agencies, local

18 agencies, and community-based organizations

19 that provide supportive services to low-income

20 students served by the local educational agency

21 consortium have been consulted in the prepara22 tion of the plan described in subparagraph (D);

23 ‘‘(G) assurances that State agencies, local

24 agencies, and community-based organizations

25 that provide supportive services to low-income
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1 students served by the local educational agency

2 consortium will designate an individual who

3 will act as a liaison to the supportive services

4 team described in subparagraph (D);

5 ‘‘(H) a description of the target population

6 to be served by the supportive services team de7 scribed in subparagraph (D), including families

8 previously served under part C, the Head Start

9 Act, or other comparable early childhood develop10 ment program;

11 ‘‘(I) a description of the supportive services

12 to be provided, directly or through referral;

13 ‘‘(J) a plan to ensure the smooth transition

14 of children served under part C, the Head Start

15 Act, the Individuals with Disabilities Education

16 Act, and other comparable early childhood devel17 opment programs, to elementary schools;

18 ‘‘(K) assurances that, and a plan describing

19 how, families will be involved in the design and

20 operation of the program assisted under this

21 part;

22 ‘‘(L) a description of the Federal and non23 Federal resources that will be used to carry out

24 the program;
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1 ‘‘(M) if the applicant is receiving assistance

2 through a program under the Follow Through

3 Act—

4 ‘‘(i) a description of the activities that

5 will be funded under this part and the ac6 tivities that are funded with assistance pro7 vided under the Follow Through Act; and

8 ‘‘(ii) a description of the manner in

9 which activities funded under this part and

10 activities funded with assistance provided

11 under the Follow Through Act will be co12 ordinated within the elementary school;

13 ‘‘(N) assurances that the supportive services

14 described in subparagraph (D) will be equipped

15 to assist children and families with limited-Eng16 lish proficiency and disabilities, if appropriate;

17 ‘‘(O) a plan describing how the program as18 sisted under this part will be sustained, with

19 funding received under part A or other Federal

20 and non-Federal funding sources, after the grant

21 has expired;

22 ‘‘(P) program goals and a methodology to

23 measure progress toward achieving such goals;

24 and
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1 ‘‘(Q) such other information as the Sec2 retary may reasonably require.

3 ‘‘(2) SPECIAL RULE.—Each supportive services

4 team developed pursuant to paragraph (1)(D) shall

5 include at least 1 family service coordinator for every

6 35 children to be served.

7 ‘‘(h) EVALUATION AND REPORT.—

8 ‘‘(1) EVALUATION.—The Secretary, in coopera9 tion with the Secretary of Health and Human Serv10 ices shall, through grants, contracts, or cooperative

11 agreements, provide for the evaluation of the pro12 grams assisted under this part. To the extent prac13 ticable, such evaluation shall be conducted jointly

14 with evaluations of the Head Start Transition

15 Projects.

16 ‘‘(2) INFORMATION.—Each State educational

17 agency shall furnish to the Secretary such informa18 tion as the Secretary shall request to carry out the

19 evaluation described in paragraph (1).

20 ‘‘SEC. 1202. COORDINATION REQUIREMENTS.

21 ‘‘(a) IN GENERAL.—Each local educational agency re22 ceiving assistance under section 1113 may use such assist23 ance to carry out the activities described in subsection (b)

24 to the extent feasible and appropriate to the circumstances,

25 including the extent to which such local educational agency
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1 is able to secure the cooperation of parents and local Head

2 Start agencies and, if feasible, other early childhood devel3 opment programs.

4 ‘‘(b) ACTIVITIES.—The activities referred to in sub5 section (a) are activities that increase coordination between

6 the local educational agency and a Head Start agency, and,

7 if feasible, other early childhood development programs,

8 serving children who will attend the schools of such agency,

9 including—

10 ‘‘(1) developing and implementing a systematic

11 procedure for receiving records regarding such chil12 dren transferred with parental consent from a Head

13 Start program or, where applicable, other early child14 hood development programs;

15 ‘‘(2) establishing channels of communication be16 tween school staff and their counterparts in such

17 Head Start agencies (including teachers, social work18 ers, and health staff) or other early childhood develop19 ment programs, as appropriate, to facilitate coordina20 tion of programs;

21 ‘‘(3) conducting meetings involving parents, kin22 dergarten or elementary school teachers, and Head

23 Start teachers or, if appropriate, teachers from other

24 early childhood development programs, to discuss the
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1 developmental and other needs of individual children;

2 and

3 ‘‘(4) organizing and participating in joint tran4 sition related training of school staff, Head Start

5 staff, and, where appropriate, other early childhood

6 staff.

7 ‘‘(c) COORDINATION OF REGULATIONS.—The Secretary

8 shall work with the Secretary of Health and Human Serv9 ices to coordinate regulations promulgated under this part

10 with regulations promulgated under the Head Start Act

11 Amendments of 1994.

12 ‘‘SEC. 1203. DEFINITIONS.

13 ‘‘As used in this part:

14 ‘‘(1) DEVELOPMENTALLY APPROPRIATE CURRICU15 LUM.—The term ‘developmentally appropriate cur16 riculum’ means a curriculum that is appropriate for

17 the age and all areas of individual development of a

18 child, including educational, physical, emotional, so19 cial, and cognitive development, and communication.

20 ‘‘(2) FAMILY SERVICES COORDINATOR.—The

21 term ‘family services coordinator’ means an individ22 ual who is trained to assist families in obtaining sup23 portive services. Such individual may be an existing

24 employee of a local educational agency or Head Start

25 agency.
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1 ‘‘(3) HEAD START AGENCY.—The term ‘Head

2 Start agency’ means any agency designated as a

3 Head Start agency under the Head Start Act (42

4 U.S.C. 9831 et seq.).

5 ‘‘(4) SUPPORTIVE SERVICES.—The term ‘sup6 portive services’ means services that will enhance the

7 physical, social, emotional, and intellectual develop8 ment of low-income children, including the provision

9 of necessary support to the parents and other family

10 members of such children.

11 ‘‘PART C—EVEN START FAMILY LITERACY

12 PROGRAMS

13 ‘‘SEC. 1301. STATEMENT OF PURPOSE.

14 ‘‘It is the purpose of this part to help break the cycle

15 of poverty and illiteracy by improving the educational op16 portunities of the Nation’s low-income families by integrat17 ing early childhood education, adult literacy or adult basic

18 education, and parenting education into a unified family

19 literacy program, to be referred to as ‘Even Start’. The pro20 gram shall—

21 ‘‘(1) be implemented through cooperative projects

22 that build on existing community resources to create

23 a new range of services;

24 ‘‘(2) promote achievement of the National Edu25 cation Goals; and
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1 ‘‘(3) assist children and adults from low-income

2 families to achieve to challenging State content stand3 ards and challenging State student performance

4 standards.

5 ‘‘SEC. 1302. PROGRAM AUTHORIZED.

6 ‘‘(a) RESERVATION FOR MIGRANT PROGRAMS, OUTLY7 ING AREAS, AND INDIAN TRIBES.—In each fiscal year, the

8 Secretary shall reserve not more than 5 percent of the

9 amount appropriated under section 1002(b) for programs,

10 under such terms and conditions as the Secretary shall es11 tablish, that are consistent with the purpose of this part,

12 and according to their relative needs, for—

13 ‘‘(1) children of migratory workers;

14 ‘‘(2) the outlying areas; and

15 ‘‘(3) Indian tribes and tribal organizations.

16 ‘‘(b) RESERVATION FOR FEDERAL ACTIVITIES.—From

17 amounts appropriated under section 1002(b), the Secretary

18 may reserve not more than 3 percent of such amounts or

19 the amount reserved to carry out the activities described in

20 paragraphs (1) and (2) for the fiscal year 1994, whichever

21 is greater, for purposes of—

22 ‘‘(1) carrying out the evaluation required by sec23 tion 1309; and
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1 ‘‘(2) providing, through grants or contracts with

2 eligible organizations, technical assistance, program

3 improvement, and replication activities.

4 ‘‘(c) RESERVATION FOR GRANTS.—

5 ‘‘(1) GRANTS AUTHORIZED.—In any fiscal year

6 in which the amount appropriated to carry out this

7 part exceeds the amount appropriated to carry out

8 this part for the preceding fiscal year, the Secretary

9 may reserve such funds in excess of the amount ap10 propriated for such preceding fiscal years as do not

11 exceed $1,000,000 to award grants, on a competitive

12 basis, to States to enable such States to plan and im13 plement, through literacy resource centers assisted

14 under subpart 7 of part B of the Adult Education

15 Act, statewide family literacy initiatives to coordinate

16 and integrate existing Federal, State, and local lit17 eracy resources consistent with the purposes of this

18 part.

19 ‘‘(2) MATCHING REQUIREMENT.—The Secretary

20 shall not make a grant to a State under paragraph

21 (1) unless the State agrees that, with respect to the

22 costs to be incurred by the eligible consortium in car23 rying out the activities for which the grant was

24 awarded, the State will make available non-Federal
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1 contributions in an amount equal to not less than the

2 Federal funds provided under the grant.

3 ‘‘(d) STATE ALLOCATION.—

4 ‘‘(1) IN GENERAL.—From amounts appropriated

5 under section 1002(b) and not reserved under sub6 sections (a), (b), and (c), the Secretary shall make

7 grants to States from allocations under paragraph

8 (2).

9 ‘‘(2) ALLOCATIONS.—Except as provided in

10 paragraph (3), from the total amount available for

11 allocation to States in any fiscal year, each State

12 shall be eligible to receive a grant under paragraph

13 (1) in an amount that bears the same ratio to such

14 total amount as the amount allocated under section

15 1122 to that State bears to the total amount allocated

16 under that section to all the States.

17 ‘‘(3) MINIMUM.—No State shall receive a grant

18 under paragraph (1) in any fiscal year in an amount

19 which is less than $250,000, or one-half of 1 percent

20 of the amount appropriated under section 1002(b)

21 and not reserved under subsections (a), (b), and (c)

22 for such year, whichever is greater.

23 ‘‘(e) DEFINITIONS.—For the purpose of this part—

24 ‘‘(1) the term ‘eligible entity’ means a partner25 ship composed of both—
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1 ‘‘(A) a local educational agency; and

2 ‘‘(B) a nonprofit community-based organi3 zation, a public agency, an institution of higher

4 education, or a public or private nonprofit orga5 nization of demonstrated quality;

6 ‘‘(2) the term ‘eligible organization’ means any

7 public or private nonprofit organization with a

8 record of providing effective services to family literacy

9 providers, such as the National Center for Family

10 Literacy, Parents as Teachers, Inc., the Home In11 struction Program for Preschool Youngsters, and the

12 Home and School Institute, Inc.;

13 ‘‘(3) the terms ‘Indian tribe’ and ‘tribal organi14 zation’ have the meanings given such terms in section

15 4 of the Indian Self-Determination and Education

16 Assistance Act; and

17 ‘‘(4) the term ‘State’ includes each of the 50

18 States, the District of Columbia, and the Common19 wealth of Puerto Rico.

20 ‘‘SEC. 1303. STATE PROGRAMS.

21 ‘‘(a) STATE LEVEL ACTIVITIES.—Each State that re22 ceives a grant under section 1302(d)(1) may use not more

23 than 5 percent of the grant funds for the costs of—

24 ‘‘(1) administration; and
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1 ‘‘(2) providing, through one or more subgrants or

2 contracts, technical assistance for program improve3 ment and replication, to eligible entities that receive

4 subgrants under subsection (b).

5 ‘‘(b) SUBGRANTS FOR LOCAL PROGRAMS.—

6 ‘‘(1) IN GENERAL.—Each State shall use the

7 grant funds received under section 1302(d)(1) and not

8 reserved under subsection (a) to award subgrants to

9 eligible entities to carry out Even Start programs.

10 ‘‘(2) MINIMUM.—No State shall award a

11 subgrant under paragraph (1) in an amount less

12 than $75,000, except that a State may award one

13 subgrant in each fiscal year of sufficient size, scope,

14 and quality to be effective in an amount less than

15 $75,000 if, after awarding subgrants under para16 graph (1) for such fiscal year in amounts of $75,000

17 or greater, less than $75,000 is available to the State

18 to award such subgrants.

19 ‘‘SEC. 1304. USES OF FUNDS.

20 ‘‘(a) IN GENERAL.—In carrying out a program under

21 this part, a recipient of funds under this part shall use such

22 funds to pay the Federal share of the cost of providing fam23 ily-centered education programs that involve parents and

24 children in a cooperative effort to help parents obtain edu25 cational skills and become full partners in the education
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1 of their children and to assist children in reaching their

2 full potential as learners.

3 ‘‘(b) FEDERAL SHARE LIMITATION.—

4 ‘‘(1) IN GENERAL.—(A) Except as provided in

5 paragraph (2), the Federal share under this part may

6 not exceed—

7 ‘‘(i) 90 percent of the total cost of the pro8 gram in the first year that such program receives

9 assistance under this part or its predecessor au10 thority;

11 ‘‘(ii) 80 percent in the second such year;

12 ‘‘(iii) 70 percent in the third such year;

13 ‘‘(iv) 60 percent in the fourth such year;

14 and

15 ‘‘(v) 50 percent in any subsequent such

16 year.

17 ‘‘(B) The remaining cost of a program assisted

18 under this part may be provided in cash or in kind,

19 fairly evaluated.

20 ‘‘(2) WAIVER.—The State educational agency

21 may waive, in whole or in part, the cost-sharing re22 quirement described in paragraph (1) for an eligible

23 entity if such entity—
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1 ‘‘(A) demonstrates that such entity other2 wise would not be able to participate in the pro3 gram assisted under this part; and

4 ‘‘(B) negotiates an agreement with the State

5 educational agency with respect to the amount of

6 the remaining cost to which the waiver will be

7 applicable.

8 ‘‘(3) PROHIBITION.—Federal funds provided

9 under this part may not be used for the indirect costs

10 of a program assisted under this part, except that the

11 Secretary may waive this paragraph if an eligible re12 cipient of funds reserved under section 1302(a)(3)

13 demonstrates to the Secretary’s satisfaction that such

14 recipient otherwise would not be able to participate in

15 the program assisted under this part.

16 ‘‘SEC. 1305. PROGRAM ELEMENTS.

17 ‘‘Each program assisted under this part shall—

18 ‘‘(1) include the identification and recruitment

19 of those families most in need of services provided

20 under this part, as indicated by a low level of income,

21 a low level of adult literacy or English language pro22 ficiency of a parent who is an eligible participant,

23 and other need-related indicators;

24 ‘‘(2) include screening and preparation of par25 ents, including teenage parents, and children to en-
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1 able such parents and children to participate fully in

2 the activities and services provided under this part,

3 including testing, referral to necessary pupil services,

4 and other developmental and support services;

5 ‘‘(3) be designed to accommodate the partici6 pants’ work and other responsibilities, including the

7 provision of pupil services (when such pupil services

8 are unavailable from other sources) necessary for par9 ticipation in the activities assisted under this part,

10 such as—

11 ‘‘(A) scheduling and location of services to

12 allow joint participation by parents and chil13 dren;

14 ‘‘(B) child care for the period that parents

15 are involved in the program provided under this

16 part; and

17 ‘‘(C) transportation for the purpose of ena18 bling parents and their children to participate

19 in programs authorized by this part;

20 ‘‘(4) include high-quality instructional programs

21 that promote adult literacy, training of parents to

22 support the educational growth of their children, de23 velopmentally appropriate early childhood edu24 cational services, and preparation of children for suc25 cess in regular school programs;
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1 ‘‘(5) include qualified personnel to develop, ad2 minister, and implement the program assisted under

3 this part;

4 ‘‘(6) include special training of staff, including

5 child care staff, to develop the skills necessary to work

6 with parents and young children in the full range of

7 instructional services offered through this part;

8 ‘‘(7) provide and monitor integrated instruc9 tional services to participating parents and children

10 through home-based programs;

11 ‘‘(8) operate on a year-round basis, including the

12 provision of some instructional or enrichment services

13 during the summer months;

14 ‘‘(9) be coordinated with—

15 ‘‘(A) other programs assisted under this

16 title and Act;

17 ‘‘(B) any relevant programs under the

18 Adult Education Act, the Individuals with Dis19 abilities Education Act, and the Job Training

20 Partnership Act; and

21 ‘‘(C) the Head Start program, volunteer lit22 eracy programs, and other relevant programs;

23 ‘‘(10) ensure that the programs will serve those

24 families most in need of the activities and services

25 provided by this part;
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1 ‘‘(11) provide services under this part to individ2 uals with special needs, such as individuals with lim3 ited-English proficiency and individuals with disabil4 ities;

5 ‘‘(12) encourage eligible participants to remain

6 in the program for a time sufficient to meet the pro7 gram’s purpose; and

8 ‘‘(13) provide for an independent evaluation of

9 the program.

10 ‘‘SEC. 1306. ELIGIBLE PARTICIPANTS.

11 ‘‘(a) IN GENERAL.—Except as provided in subsection

12 (b), eligible participants in an Even Start program are—

13 ‘‘(1) a parent or parents—

14 ‘‘(A) who are eligible for participation in

15 an adult basic education program under the

16 Adult Education Act; or

17 ‘‘(B) who are within the State’s compulsory

18 school attendance age range, so long as a local

19 educational agency provides (or ensures the

20 availability of) the basic education component

21 required under this part; and

22 ‘‘(2) the child or children, from birth through age

23 seven, of any individual described in paragraph (1).

24 ‘‘(b) ELIGIBILITY FOR CERTAIN OTHER PARTICI25 PANTS.—
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1 ‘‘(1) IN GENERAL.—Family members of eligible

2 participants described in subsection (a) may partici3 pate in activities and services provided under this

4 part, when appropriate to serve the purpose of this

5 part.

6 ‘‘(2) SPECIAL RULE.—Any family participating

7 in a program assisted under this part that becomes

8 ineligible for such participation as a result of one or

9 more members of the family becoming ineligible for

10 such participation may continue to participate in the

11 program until all members of the family become ineli12 gible for such participation, which—

13 ‘‘(A) in the case of a family in which ineli14 gibility was due to the child or children of such

15 family attaining the age of eight, shall be in two

16 years or when the parent or parents become in17 eligible due to educational advancement, which18 ever occurs first; and

19 ‘‘(B) in the case of a family in which ineli20 gibility was due to the educational advancement

21 of the parent or parents of such family, shall be

22 when all children in the family attain the age of

23 eight.
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1 ‘‘SEC. 1307. APPLICATIONS.

2 ‘‘(a) SUBMISSION.—To be eligible to receive a subgrant

3 under this part, an eligible entity shall submit an applica4 tion to the State educational agency in such form and con5 taining or accompanied by such information as the State

6 educational agency shall require.

7 ‘‘(b) PLAN.—

8 ‘‘(1) IN GENERAL.—Each such application shall

9 include—

10 ‘‘(A) a description of the program goals;

11 ‘‘(B) a description of the activities and

12 services that will be provided under the program,

13 including a description of how the program will

14 incorporate the program elements required by

15 section 1305;

16 ‘‘(C) a description of the population to be

17 served and an estimate of the number of partici18 pants to be served;

19 ‘‘(D) as appropriate, a description of the

20 applicant’s collaborative efforts with institutions

21 of higher education, community-based organiza22 tions, the State educational agency, private ele23 mentary schools, or eligible organizations in car24 rying out the program for which assistance is

25 sought; and
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1 ‘‘(E) a statement of the methods that will be

2 used—

3 ‘‘(i) to ensure that the programs will

4 serve those families most in need of the ac5 tivities and services provided by this part;

6 ‘‘(ii) to provide services under this

7 part to individuals with special needs, such

8 as individuals with limited-English pro9 ficiency and individuals with disabilities;

10 and

11 ‘‘(iii) to encourage participants to re12 main in the program for a time sufficient

13 to meet the program’s purpose.

14 ‘‘(2) DURATION OF THE PLAN.—Each plan sub15 mitted under paragraph (1)(A) shall—

16 ‘‘(A) remain in effect for the duration of the

17 eligible entity’s participation under this part;

18 and

19 ‘‘(B) be periodically reviewed and revised

20 by the eligible entity as necessary.

21 ‘‘SEC. 1308. AWARD OF SUBGRANTS.

22 ‘‘(a) SELECTION PROCESS.—

23 ‘‘(1) IN GENERAL.—The State educational agen24 cy shall establish a review panel in accordance with

25 subsection (b) that will approve applications that—
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1 ‘‘(A) are most likely to be successful in—

2 ‘‘(i) meeting the purpose of this part;

3 and

4 ‘‘(ii) effectively implementing the pro5 gram elements required under section 1305;

6 ‘‘(B) demonstrate that the area to be served

7 by such program has a high percentage or a

8 large number of children and families who are in

9 need of such services as indicated by high levels

10 of poverty, illiteracy, unemployment, limited11 English proficiency, or other need-related indica12 tors, including a high percentage of children to

13 be served by the program who reside in a school

14 attendance area eligible for participation in pro15 grams under part A of this title;

16 ‘‘(C) provide services for at least a three17 year age range;

18 ‘‘(D) demonstrate the greatest possible co19 operation and coordination between a variety of

20 relevant service providers in all phases of the

21 program;

22 ‘‘(E) include cost-effective budgets, given the

23 scope of the application;
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1 ‘‘(F) demonstrate the applicant’s ability to

2 provide the remaining cost required by section

3 1304(b);

4 ‘‘(G) are representative of urban and rural

5 regions of the State; and

6 ‘‘(H) show the greatest promise for provid7 ing models that may be adopted by other local

8 educational agencies.

9 ‘‘(2) REVIEW PANEL.—A review panel shall con10 sist of at least three members, including one early

11 childhood professional, one adult education profes12 sional, and one of the following individuals:

13 ‘‘(A) A representative of a parent-child edu14 cation organization.

15 ‘‘(B) A representative of a community-based

16 literacy organization.

17 ‘‘(C) A member of a local board of edu18 cation.

19 ‘‘(D) A representative of business and in20 dustry with a commitment to education.

21 ‘‘(E) An individual who has been involved

22 in the implementation of programs under this

23 title in the State.
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1 ‘‘(3) PRIORITY.—The State educational agency

2 shall give priority to awarding subgrants under this

3 subsection to applications describing programs that—

4 ‘‘(A) target services primarily to families

5 whose children reside in attendance areas of

6 schools eligible for schoolwide programs under

7 section 1114; or

8 ‘‘(B) are located in areas designated as

9 empowerment zones or enterprise communities.

10 ‘‘(b) DURATION.—

11 ‘‘(1) IN GENERAL.—Subgrants under this part

12 may be awarded for a period not to exceed four years.

13 ‘‘(2) STARTUP PERIOD.—The State educational

14 agency may provide an eligible recipient, at such re15 cipient’s request, a 3- to 6-month startup period dur16 ing the first year of the 4-year grant period, which

17 may include staff recruitment and training, and the

18 coordination of services, before requiring full imple19 mentation of the program.

20 ‘‘(3) CONTINUING ELIGIBILITY.—In awarding

21 subgrant funds to continue a program under this part

22 for the second, third, or fourth year, the State edu23 cational agency shall review the progress being made

24 toward meeting the objectives of the program after the

25 conclusion of the startup period, if any.
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1 ‘‘(4) GRANT RENEWAL.—(A) An eligible entity

2 that has previously received a subgrant under this

3 part may reapply under this part for additional

4 subgrants. A subgrantee may receive funds under this

5 part for a period not to exceed eight years.

6 ‘‘(B) The Federal share of any subgrant renewed

7 under subparagraph (A) shall not exceed 50 percent

8 in any fiscal year.

9 ‘‘(5) INSUFFICIENT PROGRESS.—The State edu10 cational agency may refuse to award subgrant funds

11 if such agency finds that sufficient progress has not

12 been made toward meeting such objectives, but only

13 after affording the applicant notice and an oppor14 tunity for a hearing.

15 ‘‘SEC. 1309. EVALUATION.

16 ‘‘From funds reserved under section 1302(b)(1), the

17 Secretary shall provide for an independent evaluation of

18 programs assisted under this part—

19 ‘‘(1) to determine the performance and effective20 ness of programs assisted under this part; and

21 ‘‘(2) to identify effective programs assisted under

22 this part that can be duplicated and used in provid23 ing technical assistance to Federal, State, and local

24 programs.
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1 ‘‘SEC. 1310. CONSTRUCTION.

2 ‘‘Nothing in this part shall be construed to prohibit

3 a recipient of funds under this part from serving students

4 participating in Even Start simultaneously with students

5 with similar educational needs, in the same educational set6 tings where appropriate.

7 ‘‘PART D—EDUCATION OF MIGRATORY CHILDREN

8 ‘‘SEC. 1401. PROGRAM PURPOSE.

9 ‘‘It is the purpose of this part to assist States to—

10 ‘‘(1) support high-quality and comprehensive

11 educational programs for migratory children to help

12 reduce the educational disruptions and other problems

13 that result from repeated moves;

14 ‘‘(2) ensure that migratory children are provided

15 with appropriate educational services (including sup16 portive services) that address their special needs in a

17 coordinated and efficient manner;

18 ‘‘(3) ensure that migratory children have the op19 portunity to meet the same challenging State content

20 standards and challenging State student performance

21 standards that all children are expected to meet;

22 ‘‘(4) design programs to help migratory children

23 overcome educational disruption, cultural and lan24 guage barriers, social isolation, various health-related

25 problems, and other factors that inhibit the ability of

26 such children to do well in school, and to prepare
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1 such children to make a successful transition to post2 secondary education or employment; and

3 ‘‘(5) ensure that migratory children benefit from

4 State and local systemic reforms.

5 ‘‘SEC. 1402. PROGRAM AUTHORIZED.

6 ‘‘(a) IN GENERAL.—In order to carry out the purpose

7 of this part, the Secretary shall make grants to State edu8 cational agencies, or combinations of such agencies, to es9 tablish or improve, directly or through local operating agen10 cies, programs of education for migratory children in ac11 cordance with this part.

12 ‘‘(b) DEFINITIONS.—As used in this part—

13 ‘‘(1) the term ‘local operating agency’ means—

14 ‘‘(A) a local educational agency to which a

15 State educational agency makes a subgrant

16 under this part;

17 ‘‘(B) a public or private nonprofit agency

18 with which a State educational agency or the

19 Secretary makes an arrangement to carry out a

20 program or project under this part; or

21 ‘‘(C) a State educational agency, if the

22 State educational agency operates the State’s mi23 grant education program or projects directly;

24 and
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1 ‘‘(2) the term ‘migratory child’ means a child

2 who is, or whose parent or guardian is, a migratory

3 agricultural worker, including a migratory dairy

4 worker, or a migratory fisher, and who, in the preced5 ing 48 months, in order to obtain, or accompany such

6 parent or guardian in order to obtain, temporary or

7 seasonal employment in agricultural or fishing

8 work—

9 ‘‘(A) has moved from one school district to

10 another;

11 ‘‘(B) in a State that is comprised of a sin12 gle school district, has moved from one adminis13 trative area to another within such district; or

14 ‘‘(C) resides in a school district of more

15 than 15,000 square miles, and migrates a dis16 tance of 20 miles or more to a temporary resi17 dence to engage in a fishing activity.

18 ‘‘(3) the term ‘stop-over center’ means a migrant

19 project site which provides educational services ap20 proved by the State educational agency, advance noti21 fication to States where migrant children are travel22 ing, and coordination with providers of other services

23 to migrant children, to eligible migrant children who

24 intend to stay 5 days or less while they or others in

25 their family are moving from one location to another
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1 seeking migratory agricultural work, including mi2 gratory dairy work, or migratory fishing work.

3 ‘‘(4) The term ‘fishing activity’ means any activ4 ity directly related to the catching or processing of

5 fish or shellfish—

6 ‘‘(A) for initial commercial sale, whether a

7 fisher is self-employed or employed by others, or

8 ‘‘(B) as a principal means of personal sub9 sistence.

10 ‘‘SEC. 1403. STATE ALLOCATIONS.

11 ‘‘(a) STATE ALLOCATIONS.—Each State (other than

12 the Commonwealth of Puerto Rico) is eligible to receive an

13 allocation under this part, for each fiscal year, in an

14 amount equal to—

15 ‘‘(1) the sum of the estimated number of migra16 tory children aged three through 21 who reside in the

17 State full time and the full-time equivalent of the esti18 mated number of migratory children aged three

19 through 21 who reside in the State part time, as de20 termined in accordance with subsection (e); multi21 plied by

22 ‘‘(2) 40 percent of the average per-pupil expendi23 ture in the State, except that the amount determined

24 under this paragraph shall not be less than 32 per-
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1 cent, or more than 48 percent, of the average per2 pupil expenditure in the United States.

3 ‘‘(b) ALLOCATION TO PUERTO RICO.—For each fiscal

4 year, the amount for which the Commonwealth of Puerto

5 Rico is eligible under this section shall be equal to—

6 ‘‘(1) the number of migratory children in Puerto

7 Rico, determined under subsection (a)(1); multiplied

8 by

9 ‘‘(2) the product of—

10 ‘‘(A) the percentage that the average per11 pupil expenditure in Puerto Rico is of the lowest

12 average per-pupil expenditure of any of the 50

13 States; and

14 ‘‘(B) 32 percent of the average per-pupil ex15 penditure in the United States.

16 ‘‘(c) RATABLE REDUCTIONS; REALLOCATIONS.—

17 ‘‘(1) IN GENERAL.—(A) If, after the Secretary re18 serves funds under section 1408(c), the amount appro19 priated to carry out this part for any fiscal year is

20 insufficient to pay in full the amounts for which all

21 States are eligible, the Secretary shall ratably reduce

22 each such amount.

23 ‘‘(B) If additional funds become available for

24 making such payments for any fiscal year, the Sec25 retary shall allocate such funds to States in amounts
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1 that the Secretary determines will best carry out the

2 purpose of this part.

3 ‘‘(2) SPECIAL RULE.—(A) The Secretary shall

4 further reduce the amount of any grant to a State

5 under this part for any fiscal year if the Secretary

6 determines, based on available information on the

7 numbers and needs of migratory children in the State

8 and the program proposed by the State to address

9 those needs, that such amount is not needed by the

10 State.

11 ‘‘(B) The Secretary shall reallocate such excess

12 funds to other States whose grants under this part

13 would otherwise be insufficient to provide an appro14 priate level of services to migratory children, in such

15 amounts as the Secretary determines are appropriate.

16 ‘‘(d) CONSORTIUM ARRANGEMENTS.—

17 ‘‘(1) IN GENERAL.—In the case of any State that

18 receives a grant of $500,000 or less under this section,

19 the Secretary shall consult with the State educational

20 agency to determine whether consortium arrange21 ments with another State or another appropriate en22 tity would result in delivery of services in a more ef23 fective and efficient manner.
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1 ‘‘(2) PROPOSALS.—Any State, regardless of the

2 amount of such State’s allocation, may submit a con3 sortium arrangement to the Secretary for approval.

4 ‘‘(3) APPROVAL.—The Secretary shall approve a

5 consortium arrangement under paragraph (1) or (2)

6 if the proposal demonstrates that the arrangement

7 will—

8 ‘‘(A) reduce administrative costs or pro9 gram function costs for State programs; and

10 ‘‘(B) make more funds available for direct

11 services to add substantially to the welfare or

12 educational attainment of children to be served

13 under this part.

14 ‘‘(e) DETERMINING NUMBERS OF ELIGIBLE CHIL15 DREN.—In order to determine the estimated number of mi16 gratory children residing in each State for purposes of this

17 section, the Secretary shall—

18 ‘‘(1) use such information as the Secretary finds

19 most accurately reflects the actual number of migra20 tory children; and

21 ‘‘(2) adjust the full-time equivalent number of

22 migratory children who reside in each State to take

23 into account—

24 ‘‘(A) the special needs of those children par25 ticipating in special programs provided under
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1 this part that operate during the summer or

2 other intersession periods or special programs

3 that operate at or through stop-over centers; and

4 ‘‘(B) the additional costs of operating such

5 programs.

6 ‘‘SEC. 1404. STATE APPLICATIONS; SERVICES.

7 ‘‘(a) APPLICATION REQUIRED.—Any State wishing to

8 receive a grant under this part for any fiscal year shall

9 submit an application to the Secretary at such time and

10 in such manner as the Secretary may require.

11 ‘‘(b) PROGRAM INFORMATION.—Each such application

12 shall include—

13 ‘‘(1) a description of how, in planning, imple14 menting, and evaluating programs and projects as15 sisted under this part, the State and its local operat16 ing agencies will ensure that the special educational

17 needs of migratory children, including preschool mi18 gratory children, are identified and addressed through

19 a comprehensive plan for needs assessment and service

20 delivery that meets the requirements of section 1406;

21 ‘‘(2) a description of the steps the State is taking

22 to provide all migratory students with the oppor23 tunity to meet the same challenging State content

24 standards and challenging State student performance

25 standards that all children are expected to meet;
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1 ‘‘(3) a description of how the State will use its

2 funds to promote interstate and intrastate coordina3 tion of services for migratory children, including how,

4 consistent with procedures the Secretary may require,

5 the State will provide for educational continuity

6 through the timely transfer of pertinent school

7 records, including information on health, when chil8 dren move from one school to another, whether or not

9 such move occurs during the regular school year;

10 ‘‘(4) a description of the State’s priorities for the

11 use of funds received under this part, and how such

12 priorities relate to the State’s assessment of needs for

13 services in the State; and

14 ‘‘(5) a description of how the State will deter15 mine the amount of any subgrants the State will

16 award to local operating agencies and the amount of

17 funds that such agencies will provide to individual

18 schools, taking into account the requirements of para19 graph (1).

20 ‘‘(c) ASSURANCES.—Each such application shall also

21 include assurances, satisfactory to the Secretary, that—

22 ‘‘(1) such programs and projects will be carried

23 out in a manner consistent with the objectives of sec24 tions 1114, 1115(b), 1115(e), 1117, 1120(b), and

25 1120(c), and part G;
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1 ‘‘(2) in the planning and operation of such pro2 grams and projects at both the State and local operat3 ing agency level, there is appropriate consultation

4 with parent advisory councils for programs of one

5 school year in duration, and that all such programs

6 and projects are carried out, to the extent feasible, in

7 a manner consistent with section 1116;

8 ‘‘(3) the effectiveness of such programs and

9 projects will be determined, where feasible, using the

10 same approaches and standards that will be used to

11 assess the performance of students, schools, and local

12 educational agencies under part A; and

13 ‘‘(4) to the extent feasible, such programs and

14 projects will provide for—

15 ‘‘(A) advocacy and outreach activities for

16 migratory children and their families, including

17 informing such children and families of, or help18 ing such children and families gain access to,

19 other education, health, nutrition, and social

20 services;

21 ‘‘(B) professional development programs, in22 cluding mentoring, for teachers and other pro23 gram personnel;
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1 ‘‘(C) family literacy programs, including

2 such programs that use models developed under

3 Even Start;

4 ‘‘(D) the integration of information tech5 nology into educational and related programs;

6 and

7 ‘‘(E) programs to facilitate the transition of

8 secondary school students to postsecondary edu9 cation or employment; and

10 ‘‘(5) the State will assist the Secretary in deter11 mining the number of migratory children under sec12 tion 1403(e), through such procedures as the Secretary

13 may require.

14 ‘‘(d) PRIORITY FOR SERVICES.—In providing services

15 with funds received under this part, each recipient of such

16 funds shall give priority to migratory children who are fail17 ing, or most at risk of failing, to meet the State’s challeng18 ing State content standards and challenging State student

19 performance standards, and whose education has been in20 terrupted during the regular school year.

21 ‘‘(e) CONTINUATION OF SERVICES.—Notwithstanding

22 any other provision of this part—

23 ‘‘(1) a child who ceases to be a migratory child

24 during a school term shall be eligible for services until

25 the end of such term; and
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1 ‘‘(2) a child who is no longer a migratory child

2 may continue to receive services for one additional

3 school year, but only if comparable services are not

4 available through other programs.

5 ‘‘SEC. 1405. SECRETARIAL APPROVAL; PEER REVIEW.

6 ‘‘(a) SECRETARIAL APPROVAL.—The Secretary shall

7 approve each application under this part that meets the re8 quirements of this part.

9 ‘‘(b) PEER REVIEW.—The Secretary may review any

10 application under this part with the assistance and advice

11 of State officials and other individuals with relevant exper12 tise.

13 ‘‘SEC. 1406. COMPREHENSIVE NEEDS ASSESSMENT AND

14 SERVICE-DELIVERY PLAN; AUTHORIZED AC15 TIVITIES.

16 ‘‘(a) COMPREHENSIVE PLAN.—

17 ‘‘(1) IN GENERAL.—Each State that receives as18 sistance under this part shall ensure that the State

19 and its local operating agencies identify and address

20 the special educational needs of migratory children in

21 accordance with a comprehensive State plan that—

22 ‘‘(A) provides that migratory children will

23 have an opportunity to meet the same challeng24 ing State content standards and challenging

25 State student performance standards, set out in
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1 such plans, that all children are expected to

2 meet;

3 ‘‘(B) specifies measurable program goals

4 and outcomes;

5 ‘‘(C) encompasses the full range of services

6 that are available for migratory children from

7 appropriate local, State and Federal educational

8 programs;

9 ‘‘(D) is the product of joint planning among

10 such local, State, and Federal programs, includ11 ing programs under part A, early childhood pro12 grams, and bilingual education programs under

13 part A of title VII; and

14 ‘‘(E) provides for the integration of services

15 available under this part with services provided

16 by such other programs.

17 ‘‘(2) DURATION OF THE PLAN.—Each such com18 prehensive State plan shall—

19 ‘‘(A) remain in effect for the duration of the

20 State’s participation under this part; and

21 ‘‘(B) be periodically reviewed and revised

22 by the State, as necessary, to reflect changes in

23 the State’s strategies and programs under this

24 part.

25 ‘‘(b) AUTHORIZED ACTIVITIES.—
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1 ‘‘(1) IN GENERAL.—In implementing the com2 prehensive plan described in subsection (a), each local

3 operating agency shall have the flexibility to deter4 mine the activities to be provided with funds made

5 available under this part, except that—

6 ‘‘(A) before funds under this part are used

7 to provide services described in subparagraph

8 (B), such funds shall be used to meet the identi9 fied needs of migratory children that—

10 ‘‘(i) result from the effects of their mi11 gratory lifestyle, or are needed to permit

12 migratory children to participate effectively

13 in school; and

14 ‘‘(ii) are not addressed by services pro15 vided under other programs, including pro16 grams under part A;

17 ‘‘(B) all migratory children who are eligible

18 to receive services under part A shall receive such

19 services with funds provided under this part or

20 under part A; and

21 ‘‘(C) funds received under this part shall be

22 used only—

23 ‘‘(i) for programs and projects, includ24 ing the acquisition of equipment, in accord25 ance with section 1406(b)(1); and
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1 ‘‘(ii) to coordinate such programs and

2 projects with similar programs and projects

3 within the State and in other States, as

4 well as with other Federal programs that

5 can benefit migratory children and their

6 families.

7 ‘‘(2) CONSTRUCTION.—Nothing in this part shall

8 be construed to prohibit a local operating agency from

9 serving migrant students simultaneously with stu10 dents with similar educational needs, in the same

11 educational settings where appropriate.

12 ‘‘(3) SPECIAL RULE.—Notwithstanding section

13 1114, a school that receives funds under this part

14 shall continue to address the identified needs de15 scribed in subparagraph (1)(A).

16 ‘‘SEC. 1407. BYPASS.

17 ‘‘The Secretary may use all or part of any State’s allo18 cation under this part to make arrangements with any pub19 lic or nonprofit agency to carry out the purpose of this part

20 in such State if the Secretary determines that—

21 ‘‘(1) the State is unable or unwilling to conduct

22 educational programs for migratory children;

23 ‘‘(2) such arrangements would result in more ef24 ficient and economic administration of such pro25 grams; or
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1 ‘‘(3) such arrangements would add substantially

2 to the welfare or educational attainment of such chil3 dren.

4 ‘‘SEC. 1408. COORDINATION OF MIGRANT EDUCATION AC5 TIVITIES.

6 ‘‘(a) IMPROVEMENT OF COORDINATION.—

7 ‘‘(1) IN GENERAL.—The Secretary, in consulta8 tion with the States, may make grants to, or enter

9 into contracts with, State educational agencies, local

10 educational agencies, institutions of higher education,

11 and other public and private entities to improve the

12 interstate and intrastate coordination among such

13 agencies’ educational programs, including the estab14 lishment or improvement of programs for credit ac15 crual and exchange, available to migratory students.

16 ‘‘(2) EXTENSION.—The Secretary may extend

17 until January 1, 1996 the contract for the operation

18 of the migrant student record transfer system under

19 section 1203(a)(2)(A) of this Act (as such section was

20 in existence on the day preceding the date of enact21 ment of the Improving America’s Schools Act of

22 1994).

23 ‘‘(b) REPORT.—Not later than October 1, 1995, the

24 Secretary shall submit a report to the Congress regarding
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1 the effectiveness of methods used by States to transfer migra2 tory students’ educational and health records.

3 ‘‘(c) AVAILABILITY OF FUNDS.—For the purpose of

4 carrying out this section in any fiscal year, the Secretary

5 shall reserve not more than $6,000,000 of the amount ap6 propriated to carry out this part for such year.

7 ‘‘(d) INCENTIVE GRANTS.—From the amounts made

8 available to carry out this section, the Secretary may re9 serve not more than $1,500,000 to award grants in amounts

10 of not more than $100,000 to each State educational agency

11 entering into a consortium agreement described in section

12 1403(d).

13 ‘‘PART E—EDUCATION FOR NEGLECTED AND

14 DELINQUENT YOUTH

15 ‘‘SEC. 1501. PURPOSE; PROGRAM AUTHORIZED.

16 ‘‘(a) PURPOSE.—It is the purpose of this part to—

17 ‘‘(1) improve educational services to children in

18 institutions for neglected or delinquent children so

19 that such children have the opportunity to meet the

20 same challenging State content standards and chal21 lenging State student performance standards that all

22 children in the State will be expected to meet; and

23 ‘‘(2) provide such children the services such chil24 dren need to make a successful transition from insti25 tutionalization to further schooling or employment.
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1 ‘‘(b) PROGRAM AUTHORIZED.—In order to carry out

2 the purpose of this part, the Secretary shall make grants

3 to State educational agencies to enable such State edu4 cational agencies to award subgrants to State agencies to

5 establish or improve programs of education for neglected or

6 delinquent children in accordance with this part.

7 ‘‘SEC. 1502. ELIGIBILITY.

8 ‘‘A State agency is eligible for assistance under this

9 part if such State agency is responsible for providing free

10 public education for children—

11 ‘‘(1) in institutions for neglected or delinquent

12 children;

13 ‘‘(2) attending community day programs for ne14 glected or delinquent children; or

15 ‘‘(3) in adult correctional institutions.

16 ‘‘SEC. 1503. ALLOCATION OF FUNDS.

17 ‘‘(a) SUBGRANTS TO STATE AGENCIES.—

18 ‘‘(1) IN GENERAL.—Each State agency described

19 in section 1502 (other than an agency in the Com20 monwealth of Puerto Rico) is eligible to receive a

21 subgrant under this part, for each fiscal year, an

22 amount equal to the product of—

23 ‘‘(A) the number of neglected or delinquent

24 children described in section 1502 who—
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1 ‘‘(i) are enrolled for at least 15 hours

2 per week in education programs in adult

3 correctional institutions; and

4 ‘‘(ii) are enrolled for at least 20 hours

5 per week—

6 ‘‘(I) in education programs in in7 stitutions for neglected or delinquent

8 children; or

9 ‘‘(II) in community day programs

10 for neglected or delinquent children;

11 and

12 ‘‘(B) 40 percent of the average per-pupil ex13 penditure in the State, except that the amount

14 determined under this paragraph shall not be

15 less than 32 percent, or more than 48 percent, of

16 the average per-pupil expenditure in the United

17 States.

18 ‘‘(2) SPECIAL RULE.—The number of neglected

19 or delinquent children determined under paragraph

20 (1) shall—

21 ‘‘(A) be determined by the State agency by

22 a date or dates set by the Secretary, except that

23 no State agency shall be required to determine

24 the number of such children on a specific date set

25 by the Secretary; and
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1 ‘‘(B) be adjusted, as the Secretary deter2 mines is appropriate, to reflect the relative

3 length of such agency’s annual programs.

4 ‘‘(b) SUBGRANTS TO STATE AGENCIES IN PUERTO

5 RICO.—For each fiscal year, the amount of the subgrant

6 for which a State agency in the Commonwealth of Puerto

7 Rico is eligible under this part shall be equal to—

8 ‘‘(1) the number of children counted under sub9 section (a)(1) for Puerto Rico; multiplied by

10 ‘‘(2) the product of—

11 ‘‘(A) the percentage that the average per12 pupil expenditure in Puerto Rico is of the lowest

13 average per-pupil expenditure of any of the 50

14 States; and

15 ‘‘(B) 32 percent of the average per-pupil ex16 penditure in the United States.

17 ‘‘(c) RATABLE REDUCTIONS IN CASE OF INSUFFICIENT

18 APPROPRIATIONS.—If the amount appropriated for any fis19 cal year for subgrants under subsections (a) and (b) is in20 sufficient to pay the full amount for which all agencies are

21 eligible under such subsections, the Secretary shall ratably

22 reduce each such amount.

23 ‘‘(d) PAYMENTS TO STATE EDUCATIONAL AGENCIES.—

24 ‘‘(1) IN GENERAL.—The Secretary shall pay to

25 each State educational agency the total amount need-
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1 ed to make subgrants to State agencies in that State,

2 as determined under this section.

3 ‘‘(2) ADMINISTRATIVE EXPENSES.—Each State

4 educational agency may retain a portion of such total

5 amount for State administration of, in accordance

6 with section 1702(b).

7 ‘‘SEC. 1504. STATE REALLOCATION OF FUNDS.

8 ‘‘If a State educational agency determines that a State

9 agency does not need the full amount of the subgrant for

10 which such State agency is eligible under this part for any

11 fiscal year, the State educational agency may reallocate the

12 amount that will not be needed to other State agencies that

13 need additional funds to carry out the purpose of this part,

14 in such amounts as the State educational agency shall de15 termine.

16 ‘‘SEC. 1505. STATE PLAN AND STATE AGENCY APPLICA17 TIONS.

18 ‘‘(a) STATE PLAN.—

19 ‘‘(1) IN GENERAL.—Each State educational

20 agency that desires to receive payments under this

21 part shall submit, for approval by the Secretary, a

22 plan for meeting the needs of neglected and delinquent

23 children, which shall be revised and updated as need24 ed to satisfy the requirements of this section.

25 ‘‘(2) CONTENTS.—Each such State plan shall—
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1 ‘‘(A) describe the program goals, objectives,

2 and performance measures established by the

3 State that will be used to assess the effectiveness

4 of the program in improving academic and voca5 tional skills of children in the program;

6 ‘‘(B) provide that, to the extent feasible,

7 such children will have the same opportunities to

8 learn as such children would have if such chil9 dren were in the schools of local educational

10 agencies in the State; and

11 ‘‘(C) contain assurances that the State edu12 cational agency will—

13 ‘‘(i) ensure that programs assisted

14 under this part will be carried out in ac15 cordance with the State plan described in

16 this subsection; and

17 ‘‘(ii) carry out the evaluation require18 ments of section 1509 of this part.

19 ‘‘(3) DURATION OF THE PLAN.—Each such State

20 plan shall—

21 ‘‘(A) remain in effect for the duration of the

22 State’s participation under this part; and

23 ‘‘(B) be periodically reviewed and revised

24 by the State, as necessary, to reflect changes in
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1 the State’s strategies and programs under this

2 part.

3 ‘‘(b) SECRETARIAL APPROVAL; PEER REVIEW.—

4 ‘‘(1) IN GENERAL.—The Secretary shall approve

5 each State plan that meets the requirements of this

6 part.

7 ‘‘(2) PEER REVIEW.—The Secretary may review

8 any State plan with the assistance and advice of in9 dividuals with relevant expertise.

10 ‘‘(c) STATE AGENCY APPLICATIONS.—Any State agen11 cy that desires to receive funds to carry out a program

12 under this part shall submit an application to the State

13 educational agency that—

14 ‘‘(1) describes the procedures to be used, consist15 ent with the State plan under part A, to assess the

16 educational needs of the children to be served;

17 ‘‘(2) describes the program, including a budget

18 for the first year of the program, with annual updates

19 to be provided to the State educational agency;

20 ‘‘(3) describes how the program will meet the

21 goals and objectives of the State plan under this part;

22 ‘‘(4) describes how the State agency will consult

23 with experts and provide the necessary training for

24 appropriate staff, to ensure that the planning and op-
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1 eration of institution-wide projects under section 1507

2 are of high quality;

3 ‘‘(5) describes how the agency will carry out the

4 evaluation requirements of section 1509 and how the

5 results of the most recent evaluation were used to plan

6 and improve the program;

7 ‘‘(6) includes data showing that the State agency

8 has maintained fiscal effort as if such agency were a

9 local educational agency, in accordance with section

10 10501;

11 ‘‘(7) describes how the programs will be coordi12 nated with other State and Federal programs admin13 istered by the State agency;

14 ‘‘(8) describes how appropriate professional de15 velopment will be provided to teachers and other staff;

16 and

17 ‘‘(9) designates an individual in each affected

18 institution to be responsible for issues relating to the

19 transition of children from the institution to locally

20 operated programs.

21 ‘‘SEC. 1506. USE OF FUNDS.

22 ‘‘(a) IN GENERAL.—

23 ‘‘(1) IN GENERAL.—A State agency shall use

24 funds received under this part only for programs and

25 projects that—
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1 ‘‘(A) are consistent with the State plan de2 scribed in section 1505(a); and

3 ‘‘(B) concentrate on providing participants

4 with the knowledge and skills needed to make a

5 successful transition to further education or em6 ployment.

7 ‘‘(2) USES.—Such programs and projects—

8 ‘‘(A) may include the acquisition of equip9 ment;

10 ‘‘(B) shall be designed to support edu11 cational services that—

12 ‘‘(i) except for institution-wide projects

13 under section 1507, are provided to children

14 identified by the State agency as failing, or

15 most at risk of failing, to meet the State’s

16 challenging State content standards and

17 challenging State student performance

18 standards;

19 ‘‘(ii) supplement and improve the

20 quality of the educational services provided

21 to such children by the State agency; and

22 ‘‘(iii) afford such children an oppor23 tunity to learn such standards;

24 ‘‘(C) shall be carried out in a manner con25 sistent with section 1120(b) and part G; and
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1 ‘‘(D) may include the costs of meeting the

2 evaluation requirements of section 1509.

3 ‘‘(b) SUPPLEMENT, NOT SUPPLANT.—A program

4 under this part that supplements the number of hours of

5 instruction students receive from State and local sources

6 shall be considered to comply with the ‘supplement, not sup7 plant’ requirement of section 1120(b) without regard to the

8 subject areas in which instruction is given during those

9 hours.

10 ‘‘SEC. 1507. INSTITUTION-WIDE PROJECTS.

11 ‘‘(a) PROJECTS AUTHORIZED.—A State agency that

12 provides free public education for children in an institution

13 for neglected or delinquent children (other than an adult

14 correctional institution) or attending a community-day

15 program for such children may use funds received under

16 this part to serve all children in, and upgrade the entire

17 educational effort of, that institution or program if the

18 State agency has developed, and the State educational agen19 cy has approved, a comprehensive plan for that institution

20 or program that—

21 ‘‘(1) provides for a comprehensive assessment of

22 the educational needs of all individuals under the age

23 of 21 in the institution or program;

24 ‘‘(2) describes the steps the State agency has

25 taken, or will take, to provide all children under age
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1 21 with the opportunity to meet challenging State

2 content standards and challenging State student per3 formance standards in order to improve the likelihood

4 that such children will complete secondary school and

5 find employment after leaving the institution;

6 ‘‘(3) describes the instructional program, pupil

7 services, and procedures that will be used to meet the

8 needs described in paragraph (1), including, to the

9 extent feasible, the provision of mentors for students;

10 ‘‘(4) specifically describes how such funds will be

11 used;

12 ‘‘(5) describes the measures and procedures that

13 will be used to assess student progress;

14 ‘‘(6) describes how the agency has planned, and

15 will implement and evaluate, the institution-wide or

16 program-wide project in consultation with personnel

17 providing direct instructional services and support

18 services in institutions or community-day programs

19 for neglected or delinquent children and personnel

20 from the State educational agency; and

21 ‘‘(7) includes an assurance that the State agency

22 has provided for appropriate training to teachers and

23 other instructional and administrative personnel to

24 enable such teachers and personnel to carry out the

25 project effectively.
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1 ‘‘(b) PROJECTS REQUIRED.—Beginning with school

2 year 1996–1997, a State agency described in subsection (a)

3 shall use funds received under this part only for institution4 wide projects described in that subsection, except as pro5 vided in section 1510.

6 ‘‘SEC. 1508. THREE-YEAR PROJECTS.

7 ‘‘If a State agency operates a program or project under

8 this part in which individual children are likely to partici9 pate for more than one year, the State educational agency

10 may approve the State agency’s application for a subgrant

11 under this part for a period of not more than three years.

12 ‘‘SEC. 1509. PROGRAM EVALUATIONS.

13 ‘‘(a) SCOPE OF EVALUATION.—Each State agency that

14 conducts a program or project under this part shall evalu15 ate the program or project at least once every three years,

16 disaggregating data on participants by sex, and if feasible,

17 race, ethnicity or age, to determine the program or project’s

18 impact on the ability of participants to—

19 ‘‘(1) maintain and improve educational achieve20 ment;

21 ‘‘(2) accrue school credits that meet State re22 quirements for grade promotion and secondary school

23 graduation;
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1 ‘‘(3) make the transition to a regular program or

2 other education program operated by a local edu3 cational agency; and

4 ‘‘(4) complete secondary school and obtain em5 ployment after participants leave the institution.

6 ‘‘(b) EVALUATION MEASURES.—In conducting each

7 such evaluation with respect to subsection (a)(1), a State

8 agency shall use multiple and appropriate measures of stu9 dent progress.

10 ‘‘(c) EVALUATION RESULTS.—Each State agency

11 shall—

12 ‘‘(1) submit the results of each evaluation under

13 this section to the State educational agency; and

14 ‘‘(2) use the results of evaluations under this sec15 tion to plan and improve subsequent programs for

16 participating children.

17 ‘‘SEC. 1510. TRANSITION SERVICES.

18 ‘‘(a) TRANSITION SERVICES.—Each State agency may

19 reserve not more than 10 percent of the amount such agency

20 receives under this part for any fiscal year to support

21 projects that facilitate the transition of children from State22 operated institutions for neglected and delinquent children

23 into locally operated programs.

24 ‘‘(b) CONDUCT OF PROJECTS.—A project supported

25 under this section may be conducted directly by the State
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1 agency, or through a contract or other arrangement with

2 one or more local educational agencies, other public agen3 cies, or private nonprofit organizations.

4 ‘‘(c) LIMITATION.—Any funds reserved under sub5 section (a) shall be used only to provide special educational

6 services, which may include pupil services and mentoring,

7 to neglected and delinquent children in schools other than

8 State-operated institutions.

9 ‘‘(d) CONSTRUCTION.—Nothing in this section shall be

10 construed to prohibit a school that receives funds under sub11 section (a) from serving neglected and delinquent children

12 simultaneously with students with similar educational

13 needs, in the same educational settings where appropriate.

14 ‘‘SEC. 1511. DEFINITIONS.

15 ‘‘For the purpose of this part—

16 ‘‘(1) the term ‘adult correctional institution’

17 means a facility in which persons are confined as a

18 result of a conviction for a criminal offense, including

19 persons under 21 years of age;

20 ‘‘(2) the term ‘community day program’ means

21 a regular program of instruction provided by a State

22 agency at a community day school operated specifi23 cally for neglected or delinquent children;

24 ‘‘(3) the term ‘institution for delinquent children’

25 means a public or private residential facility for the
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1 care of children who have been adjudicated to be de2 linquent or in need of supervision; and

3 ‘‘(4) the term ‘institution for neglected children’

4 means a public or private residential facility, other

5 than a foster home, that is operated for the care of

6 children who have been committed to the institution

7 or voluntarily placed in the institution under appli8 cable State law, due to abandonment, neglect, or

9 death of their parents or guardians.

10 ‘‘PART F—FEDERAL EVALUATIONS AND

11 DEMONSTRATIONS

12 ‘‘SEC. 1601. EVALUATIONS.

13 ‘‘(a) NATIONAL ASSESSMENT.—

14 ‘‘(1) IN GENERAL.—The Secretary shall conduct

15 a national assessment of programs assisted under this

16 title, in coordination with the ongoing Chapter 1

17 Longitudinal Study under subsection (c) of this sec18 tion, that shall be planned, reviewed, and conducted

19 in consultation with an independent panel of re20 searchers, State practitioners, local practitioners, and

21 other appropriate individuals.

22 ‘‘(2) EXAMINATION.—The assessment shall exam23 ine how well schools, local educational agencies, and

24 States—
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1 ‘‘(A) are progressing toward the goal of all

2 children served under this title reaching the

3 State’s challenging State content standards and

4 challenging State student performance standards;

5 and

6 ‘‘(B) are accomplishing the purpose set forth

7 in section 1001(d) to achieve the goal described

8 in paragraph (1), including—

9 ‘‘(i) ensuring challenging State content

10 standards and challenging State student

11 performance standards for all children

12 served under this title and aligning the ef13 forts of States, local educational agencies,

14 and schools to help such children reach such

15 standards;

16 ‘‘(ii) providing children served under

17 this title an enriched and accelerated edu18 cational program through schoolwide pro19 grams or through additional services that

20 increase the amount and quality of instruc21 tional time that such children receive;

22 ‘‘(iii) promoting schoolwide reform and

23 access for all children served under this title

24 to effective instructional strategies and chal25 lenging academic content;
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1 ‘‘(iv) significantly upgrading the qual2 ity of the curriculum and instruction by

3 providing staff in participating schools

4 with substantial opportunities for profes5 sional development;

6 ‘‘(v) coordinating services provided

7 under all parts of this title with each other,

8 with other educational and pupil services,

9 including preschool services, and, to the ex10 tent feasible, with health and social service

11 programs funded from other sources;

12 ‘‘(vi) affording parents of children

13 served under this title meaningful opportu14 nities to participate in the education of

15 their children at home and at school;

16 ‘‘(vii) distributing resources to areas

17 where needs are greatest;

18 ‘‘(viii) improving accountability, as

19 well as teaching and learning, by making

20 assessments under this title congruent with

21 State assessment systems; and

22 ‘‘(ix) providing greater decisionmaking

23 authority and flexibility to schools in ex24 change for greater responsibility for student

25 performance.
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1 ‘‘(3) NAEP INFORMATION.—Where feasible, the

2 Secretary shall use information gathered by the Na3 tional Assessment of Educational Progress in carry4 ing out this subsection.

5 ‘‘(4) INTERIM AND FINAL REPORTS.—The Sec6 retary shall submit an interim report summarizing

7 the preliminary findings of the assessment to the

8 President and the appropriate committees of the Con9 gress and a final report of the findings of the assess10 ment by January 1, 1998.

11 ‘‘(b) STUDIES AND DATA COLLECTION.—

12 ‘‘(1) IN GENERAL.—The Secretary may collect

13 such data, as necessary, at the State, local, and school

14 levels and conduct studies and evaluations, including

15 national studies and evaluations, to assess on an on16 going basis the effectiveness of programs under this

17 title and to report on such effectiveness on a periodic

18 basis.

19 ‘‘(2) MINIMUM INFORMATION.—At a minimum,

20 the Secretary shall collect trend information on the ef21 fect of programs under this title. Such data shall com22 plement the data collected and reported under sub23 sections (a) and (c).

24 ‘‘(c) NATIONAL LONGITUDINAL STUDY.—
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1 ‘‘(1) IN GENERAL.—The Secretary shall carry

2 out an ongoing evaluation of the program assisted

3 under part A of title I in order to provide the public,

4 the Congress, and educators involved in such pro5 gram, an accurate description of the short- and long6 term effectiveness of such program and to provide in7 formation that can be used to improve such program’s

8 effectiveness in enabling students to meet high State

9 content standards and State student performance

10 standards, graduate from secondary school, and make

11 successful transitions to postsecondary education and

12 work. Such evaluation shall—

13 ‘‘(A) have a longitudinal design that tracks

14 cohorts of students within schools of differing

15 poverty concentrations for at least 3 years which,

16 when the cohorts are taken as a whole, provides

17 a picture of such program’s effectiveness over the

18 elementary and secondary grades;

19 ‘‘(B) be separate and independent from

20 State and local assessments and evaluations re21 quired under this part and consistent with meas22 uring the achievement of students to relative to

23 high State content standards and State student

24 performance standards;
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1 ‘‘(C) utilize the highest available content

2 standards that are generally accepted as na3 tional in scope;

4 ‘‘(D) provide information on all students,

5 students served under this part, and, if funds are

6 sufficient, information on students from low-in7 come families, limited-English proficient stu8 dents, and students with disabilities; and

9 ‘‘(E) when feasible, collect, cross-tabulate,

10 and report data by sex within race or ethnicity

11 and socioeconomic status.

12 ‘‘(2) USE.—The Secretary shall use the results of

13 the evaluation described in paragraph (1) as part of

14 the national assessment required by subsection (a)

15 and shall report the data from such evaluation to the

16 Congress and the public at least as frequently as re17 ports are made under subsection (a)(4).

18 ‘‘(d) DEVELOPMENTALLY APPROPRIATE MEASURES.—

19 In conducting the national assessment under subsection (a)

20 and the national longitudinal study under subsection (b),

21 the Secretary shall use developmentally appropriate meas22 ures to assess student performance and progress.

23 ‘‘(e) STUDY ON ESTIMATING STATE CHILD POVERTY

24 COUNTS.—The Secretary shall—
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1 ‘‘(1) conduct a study to determine whether a fea2 sible method exists for producing reliable estimates,

3 between decennial census counts, of the number of

4 school-aged children living in poverty by State in

5 each of the 50 States, the District of Columbia, and

6 the Commonwealth of Puerto Rico; and

7 ‘‘(2) use such a method, if one exists, to provide

8 the Congress with such estimates.

9 ‘‘SEC. 1602. DEMONSTRATIONS OF INNOVATIVE PRACTICES.

10 ‘‘(a) DEMONSTRATION PROGRAMS TO IMPROVE

11 ACHIEVEMENT.—

12 ‘‘(1) IN GENERAL.—From the funds appro13 priated for any fiscal year under section 1002(g)(2),

14 the Secretary may make grants to State educational

15 agencies, local educational agencies, other public

16 agencies, nonprofit organizations, and consortia of

17 such entities to carry out demonstration projects that

18 show the most promise of enabling children served

19 under this title to meet challenging State content

20 standards and challenging State student performance

21 standards. Such projects shall include promising

22 strategies such as—

23 ‘‘(A) accelerated curricula, the application

24 of new technologies to improve teaching and

25 learning, extended learning time, and a safe and
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1 enriched full-day environment for children to

2 provide children the opportunity to reach such

3 standards;

4 ‘‘(B) coordinated pupil services programs;

5 ‘‘(C) integration of education services with

6 each other and with health, family, and other so7 cial services, particularly in empowerment zones

8 and enterprise communities;

9 ‘‘(D) effective approaches to whole school re10 form;

11 ‘‘(E) programs that have been especially ef12 fective with limited-English proficient children,

13 migratory children and other highly mobile stu14 dents, children leaving institutions for neglected

15 or delinquent children and returning to school,

16 and homeless children and youth;

17 ‘‘(F) programs which are especially effective

18 in recruiting, inducting and retaining highly

19 qualified teachers for service in schools with low

20 student achievement; and

21 ‘‘(G) programs that are built upon partner22 ships developed between elementary and middle

23 schools, employers, and the community which

24 emphasize the integration of high quality aca25 demic and vocational learning, stress excellence
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1 and high expectations for success in core aca2 demic subjects, instill responsibility, decision3 making, problem solving, interpersonal skills,

4 and other competencies in students, and make

5 school relevant to the workplace and the commu6 nity, through applied and interactive teaching

7 methodologies, team teaching strategies, learning

8 opportunities connecting school, the workplace,

9 and the community, and career exploration,

10 awareness, and career guidance opportunities.

11 ‘‘(2) EVALUATION.—The Secretary shall evaluate

12 the demonstration projects supported under this title,

13 using rigorous methodological designs and techniques,

14 including control groups and random assignment, to

15 the extent feasible, to produce reliable evidence of ef16 fectiveness.

17 ‘‘(b) PARTNERSHIPS.—From funds appropriated

18 under section 1002(g)(2) for any fiscal year, the Secretary

19 may, directly or through grants or contracts, work in part20 nership with State educational agencies, local educational

21 agencies, other public agencies, and nonprofit organizations

22 to disseminate and use the highest quality research and

23 knowledge about effective practices to improve the quality

24 of teaching and learning in schools assisted under this title.
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1 ‘‘PART G—GENERAL PROVISIONS

2 ‘‘SEC. 1701. FEDERAL REGULATIONS.

3 ‘‘(a) IN GENERAL.—The Secretary is authorized to

4 issue such regulations as are considered necessary to reason5 ably ensure that there is compliance with the specific re6 quirements and assurances required by this title.

7 ‘‘(b) PROCEDURE.—

8 ‘‘(1) IN GENERAL.—Prior to publishing proposed

9 regulations pursuant to this title, the Secretary shall

10 convene regional meetings which shall provide input

11 to the Secretary on the content of proposed regula12 tions. Such meetings shall include representatives of

13 Federal, State, and local administrators, parents,

14 teachers, and members of local boards of education in15 volved with implementation of programs under this

16 title.

17 ‘‘(2) PROPOSED REGULATIONS.—Subsequent to

18 regional meetings and prior to publishing proposed

19 regulations in the Federal Register, the Secretary

20 shall prepare draft regulations and submit regula21 tions on a minimum of 4 key issues to a modified ne22 gotiated rulemaking process as a demonstration of

23 such process. The modified process shall waive appli24 cation of the Federal Advisory Committee Act, but

25 shall otherwise follow the guidance provided in the

26 Administrative Conference of the United States in
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1 Recommendation 82–4, ‘‘Procedures for Negotiating

2 Proposed Regulations’’ (47 Fed. Reg. 30708, June 18,

3 1982) and any successor regulation. Participants in

4 the demonstration shall be chosen by the Secretary

5 from among participants in the regional meetings,

6 representing the groups described in paragraph (1)

7 and all geographic regions. The demonstration shall

8 be conducted in a timely manner.

9 ‘‘(3) EMERGENCY SITUATION.—In an emergency

10 situation in which regulations pursuant to this title

11 must be issued within a very limited time to assist

12 State and local educational agencies with the oper13 ation of the program, the Secretary may issue a regu14 lation without such prior consultation, but shall im15 mediately thereafter convene regional meetings to re16 view the emergency regulation prior to issuance in

17 final form.

18 ‘‘(c) LIMITATION.—Programs under this title may not

19 be required to follow any 1 instructional model, such as

20 the provision of services outside the regular classroom or

21 school program.

22 ‘‘SEC. 1702. STATE ADMINISTRATION.

23 ‘‘(a) RULEMAKING.—

24 ‘‘(1) IN GENERAL.—Each State that receives

25 funds under this title shall—
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1 ‘‘(A) ensure that any State rules, regula2 tions, and policies relating to this title conform

3 to the purposes of this title;

4 ‘‘(B) minimize such rules, regulations, and

5 policies to which their local educational agencies

6 and schools are subject; and

7 ‘‘(C) identify any such rule, regulation, or

8 policy as a State-imposed requirement.

9 ‘‘(2) SPECIAL RULE.—State rules, regulations,

10 and policies under this title shall support and facili11 tate local educational agency and school-level systemic

12 reform designed to enable all children to meet the

13 State’s challenging State content standards and chal14 lenging State student performance standards.

15 ‘‘(b) PAYMENT FOR STATE ADMINISTRATION.—Each

16 State may reserve for the proper and efficient performance

17 of such State’s duties under this title, the greater of—

18 ‘‘(1)(A) 1.00 percent of the funds appropriated to

19 carry out subsections (a), (c), (d), and (e) of section

20 1002 for fiscal year 1995 and each succeeding fiscal

21 year not described in subparagraph (B); or

22 ‘‘(B) not more than 1.5 percent and not less than

23 1 percent of the funds appropriated to carry out such

24 subsections for fiscal year 1997 and each succeeding

25 fiscal year if the Secretary, based on the State reports
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1 required by subsection (d) and the studies required by

2 section 14010(b), authorizes such reservation;

3 ‘‘(2) except as provided in paragraph (3)—

4 ‘‘(A) $425,000 for fiscal year 1995 and each

5 succeeding fiscal year not described in subpara6 graph (B); or

7 ‘‘(B) not more than $565,000 and not less

8 than $425,000 for fiscal year 1997 and each suc9 ceeding fiscal year if the Secretary, based on the

10 State reports required by subsection (d) and the

11 studies required by section 14010(b), authorizes

12 such reservation; or

13 ‘‘(3) in the case of an outlying area—

14 ‘‘(A) $50,000 for fiscal year 1995 and each

15 succeeding fiscal year not described in subpara16 graph (B); or

17 ‘‘(B) not more than $80,000 and not less

18 than $50,000 for fiscal year 1997 and each suc19 ceeding fiscal year if the Secretary, based on the

20 State reports required by subsection (d) and the

21 studies required by section 14010(b), authorizes

22 such reservation.

23 ‘‘(c) PAYMENT FOR SCHOOL IMPROVEMENT.—Each

24 State may reserve for the proper and efficient performance
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1 of its duties under subsections (b)(5) and (c) of section 1118,

2 and section 1119, the greater of—

3 ‘‘(1)(A) .65 percent of the funds appropriated to

4 carry out subsections (a), (c), (d), and (e) of section

5 1002 for fiscal year 1995 and each succeeding fiscal

6 year not described in subparagraph (B); or

7 ‘‘(B) not more than .75 percent and not less than

8 .65 percent of the funds appropriated to carry out

9 such subsections for fiscal year 1997 and each suc10 ceeding fiscal year if the Secretary, based on the State

11 reports required by subsection (d) and the studies re12 quired by section 14010(b), authorizes such reserva13 tion; or

14 ‘‘(2) except as provided in paragraph (3)—

15 ‘‘(A) $210,000 for fiscal year 1995 and each

16 succeeding fiscal year not described in subpara17 graph (B); or

18 ‘‘(B) not more than $245,000 for fiscal year

19 1997 and each succeeding fiscal year if the Sec20 retary, based on the State reports required by

21 subsection (d) and the studies required by section

22 14010(b), authorizes such reservation; or

23 ‘‘(3) in the case of an outlying area—
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1 ‘‘(A) $35,000 for fiscal year 1995 and each

2 succeeding fiscal year not described in subpara3 graph (B); or

4 ‘‘(B) not more than $40,000 for fiscal year

5 1997 and each succeeding fiscal year if the Sec6 retary, based on the State reports required by

7 subsection (d) and the studies required by section

8 14010(b), authorizes such reservation.

9 ‘‘(d) REPORT.—Beginning in fiscal year 1995 and

10 each succeeding fiscal year thereafter, each State edu11 cational agency which receives funds under this title shall

12 submit to the Secretary a report on the use of funds for

13 the State administration of activities assisted under this

14 title. Such report shall include the proportion of State ad15 ministrative funds provided under this section that are ex16 pended for—

17 ‘‘(1) basic program operation and compliance

18 monitoring;

19 ‘‘(2) statewide program services, such as develop20 ment of standards and assessments, curriculum devel21 opment, and program evaluation; and

22 ‘‘(3) technical assistance and other direct sup23 port to local educational agencies and schools.

24 ‘‘(e) FEDERAL FUNDS TO SUPPLEMENT, NOT SUP25 PLANT, NON-FEDERAL FUNDS.—
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1 ‘‘(1) IN GENERAL.—(A) Except as provided in

2 subparagraph (B), a State or local educational agen3 cy shall use funds received under this part only to

4 supplement the amount of funds that would, in the

5 absence of such Federal funds, be made available from

6 non-Federal sources for the education of pupils par7 ticipating in programs assisted under this part, and

8 not to supplant such funds.

9 ‘‘(B) For the purpose of complying with sub10 paragraph (A), a State or local educational agency

11 may exclude supplemental State and local funds ex12 pended in any eligible school attendance area or

13 school for programs that meet the requirements of sec14 tion 1114 or 1115.

15 ‘‘(2) SPECIAL RULE.—No local educational agen16 cy shall be required to provide services under this

17 part through a particular instructional method or in

18 a particular instructional setting in order to dem19 onstrate its compliance with paragraph (1).

20 ‘‘SEC. 1703. CONSTRUCTION.

21 ‘‘(a) PROHIBITION OF FEDERAL MANDATES, DIREC22 TION OR CONTROL.—Nothing in this title shall be construed

23 to authorize an officer or employee of the Federal Govern24 ment to mandate, direct, or control a State, local edu25 cational agency, or school’s specific instructional content or
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1 pupil performance standards and assessments, curriculum,

2 or program of instruction as a condition of eligibility to

3 receive funds under this title.

4 ‘‘(b) EQUALIZED SPENDING.—Nothing in this title

5 shall be construed to mandate equalized spending per pupil

6 for a State, local educational agency, or school.

7 ‘‘(c) BUILDING STANDARDS.—Nothing in this title

8 shall be construed to mandate national school building

9 standards for a State, local educational agency, or school.

10 ‘‘SEC. 1704. RESERVATION OF FUNDS FOR TERRITORIES.

11 ‘‘There is authorized to be appropriated for each fiscal

12 year for purposes of each of parts D and E of this title

13 an amount equal to not more than 1 percent of the amount

14 appropriated for such year for such parts, for payments to

15 the outlying areas under each such part. The amounts ap16 propriated for each such part shall be allotted among the

17 outlying areas according to the outlying areas’ respective

18 need for such grants, based on such criteria as the Secretary

19 determines will best carry out the purposes of this title.

20 ‘‘PART H—EDUCATIONAL OPPORTUNITY

21 DEMONSTRATION PROGRAM

22 ‘‘SEC. 1801. FINDINGS AND PURPOSES.

23 ‘‘(a) FINDINGS.—The Congress finds that—

24 ‘‘(1) while low-income students have made sig25 nificant gains with respect to educational achieve-
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1 ment and attainment, considerable gaps still persist

2 for these students in comparison to those from more

3 affluent socio-economic backgrounds;

4 ‘‘(2) our Nation has a compelling interest in as5 suring that all children receive a high quality edu6 cation;

7 ‘‘(3) new methods and experiments to revitalize

8 educational achievement and opportunities of low-in9 come individuals must be a part of any comprehen10 sive solution to the problems in our Nation’s edu11 cational system;

12 ‘‘(4) preliminary research shows that same gen13 der classes and schools may produce promising aca14 demic and behavioral improvements in both sexes for

15 low-income, educationally disadvantaged students;

16 ‘‘(5) extensive data on same gender classes and

17 schools are needed to determine whether same gender

18 classes and schools are closely tailored to achieving

19 the compelling government interest in assuring that

20 all children are educated to the best of their ability;

21 ‘‘(6) in recent years efforts to experiment with

22 same gender classes and schools have been inhibited

23 by lawsuits and threats of lawsuits by private groups

24 as well as governmental entities; and
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1 ‘‘(7) there is a compelling government interest in

2 granting the Secretary authority to insulate a limited

3 number of local educational agencies and schools

4 which are experimenting with same gender classes for

5 a limited period of time from certain law suits under

6 title IX of the Education Amendments of 1972, sec7 tion 204 of the Education Amendments of 1974, sec8 tion 1979 of the Revised Statutes (42 U.S.C. 1983),

9 or any other law prohibiting discrimination on the

10 basis of sex, in order to collect data on the effective11 ness of such classes in educating children from low12 income, educationally disadvantaged backgrounds.

13 ‘‘(b) PURPOSES.—It is the purpose of this part—

14 ‘‘(1) to give the Secretary discretion to allow ex15 perimentation with same gender classes for low-in16 come, educationally disadvantaged students;

17 ‘‘(2) to determine whether same gender classes

18 make a difference in the educational achievement and

19 opportunities of low-income, educationally disadvan20 taged individuals; and

21 ‘‘(3) to involve parents in the educational op22 tions and choices of their children.

23 ‘‘SEC. 1802. DEFINITIONS.

24 ‘‘As used in this part—
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1 ‘‘(1) the term ‘educational opportunity school’

2 means a public elementary, middle, or secondary

3 school, or a consortium of such schools all of which re4 ceive a waiver under this title, that—

5 ‘‘(A) establishes a plan for voluntary, same

6 gender classes at one or more than one school in

7 the community;

8 ‘‘(B) provides same gender classes for both

9 boys and girls, as well as a co-educational option

10 for any parent that chooses that option;

11 ‘‘(C) gives parents the option of choosing to

12 send their child to a same gender class or to a

13 co-educational class;

14 ‘‘(D) admits students on the basis of a lot15 tery, if more students apply for admission to the

16 same gender classes than can be accommodated;

17 ‘‘(E) has a program in which a member of

18 the community is asked to volunteer such mem19 ber’s time in classes of children of the same gen20 der as the member; and

21 ‘‘(F) operates in pursuit of improving

22 achievement among all children based on a spe23 cific set of educational objectives determined by

24 the local educational agency applying for a

25 grant under this part, in conjunction with the
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1 educational opportunity advisory board estab2 lished under section 1803(c) and agreed to by the

3 Secretary; and

4 ‘‘(2) the term ‘educational opportunity advisory

5 board’ means an advisory board established in ac6 cordance with section 1803(c).

7 ‘‘SEC. 1803. PROGRAM AUTHORIZED.

8 ‘‘(a) WAIVERS.—The Secretary may grant waivers to

9 ten local educational agencies for the design and operation

10 of one or more educational opportunity schools.

11 ‘‘(b) INAPPLICABILITY.—Title IX of the Education

12 Amendments of 1972, section 204 of the Education Amend13 ments of 1974, section 1979 of the Revised Statutes (42

14 U.S.C. 1983), and any other law prohibiting discrimina15 tion on the basis of sex, shall not apply to a local edu16 cational agency or an educational opportunity school for

17 a five-year period following the Secretary’s grant of the

18 waiver only to the extent the Secretary determines necessary

19 to ensure the development and operation of same gender

20 classes in accordance with this part.

21 ‘‘(c) EDUCATIONAL OPPORTUNITY ADVISORY

22 BOARD.—Each local educational agency receiving a waiver

23 under this part shall establish an educational opportunity

24 advisory board. Such advisory board shall be composed of

25 school administrators, parents, teachers, local government
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1 officials and volunteers involved with an educational oppor2 tunity school. Such advisory board shall assist the local edu3 cational agency in developing the application for assistance

4 under section 1804 and serve as an advisory board in the

5 functioning of the educational opportunity school.

6 ‘‘SEC. 1804. APPLICATIONS.

7 ‘‘(a) APPLICATIONS REQUIRED.—Each local edu8 cational agency desiring a waiver under this part shall sub9 mit, within 180 days of the date of enactment of the Im10 proving America’s Schools Act of 1994, an application to

11 the Secretary at such time, in such manner and accom12 panied by such information as the Secretary may reason13 ably require.

14 ‘‘(b) SCOPE OF APPLICATION.—Each application de15 scribed in subsection (a) may request a waiver for a single

16 educational opportunity school or for a consortium of such

17 schools.

18 ‘‘(c) APPLICATION CONTENTS.—Each application de19 scribed in subsection (a) shall include—

20 ‘‘(1) a description of the educational program to

21 be implemented by the proposed educational oppor22 tunity school, including—

23 ‘‘(A) the grade levels or ages of children to

24 be served; and
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1 ‘‘(B) the curriculum and instructional prac2 tices to be used;

3 ‘‘(2) a description of the objectives of the local

4 educational agency and a description of how such

5 agency intends to monitor and study the progress of

6 children participating in the educational opportunity

7 school;

8 ‘‘(3) a description of how the local educational

9 agency intends to include in the educational oppor10 tunity school administrators, teaching personnel, and

11 role models from the private sector;

12 ‘‘(4) a description of how school administrators,

13 parents, teachers, local government and volunteers

14 will be involved in the design and implementation of

15 the educational opportunity school;

16 ‘‘(5) a description of how the local educational

17 agency or the State, as appropriate, will provide for

18 continued operation of the educational opportunity

19 school once the Federal waiver has expired, if such

20 agency determines that such school is successful;

21 ‘‘(6) a justification for the waiver or inapplica22 bility of any Federal statutory or regulatory require23 ments that the local educational agency believes are

24 necessary for the successful operation of the edu25 cational opportunity school and a description of any
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1 State or local statutory or regulatory requirements,

2 that will be waived for, or will not apply to, the edu3 cational opportunity school, if necessary;

4 ‘‘(7) a description of how students in attendance

5 at the educational opportunity school, or in the com6 munity, will be—

7 ‘‘(A) informed about such school; and

8 ‘‘(B) informed about the fact that admission

9 to same gender classes is completely voluntary;

10 ‘‘(8) an assurance that the local educational

11 agency will annually provide the Secretary such in12 formation as the Secretary may require to determine

13 if the educational opportunity school is making satis14 factory progress toward achieving the objectives de15 scribed in paragraph (2);

16 ‘‘(9) an assurance that the local educational

17 agency will cooperate with the Secretary in evaluat18 ing the program authorized by this part;

19 ‘‘(10) assurances that resources shall be used

20 equally for same gender classes for boys and for girls;

21 ‘‘(11) assurances that the activities assisted

22 under this part will not have an adverse affect, on ei23 ther sex, that is caused by—

24 ‘‘(A) the distribution of teachers between

25 same gender classes for boys and for girls;
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1 ‘‘(B) the quality of facilities for boys and

2 for girls;

3 ‘‘(C) the nature of the curriculum for boys

4 and for girls;

5 ‘‘(D) program activities for boys and for

6 girls; and

7 ‘‘(E) instruction for boys and for girls;

8 ‘‘(12) an assurance that the local educational

9 agency will comply with the research and evaluation

10 protocol developed by the Secretary of Education as

11 required by section 1806; and

12 ‘‘(13) such other information and assurances

13 that the Secretary may require.

14 ‘‘SEC. 1805. SELECTION OF GRANTEES.

15 ‘‘The Secretary shall award waivers under this part

16 on the basis of the quality of the applications submitted

17 under section 1804, taking into consideration such factors

18 as—

19 ‘‘(1) the quality of the proposed curriculum and

20 instructional practices;

21 ‘‘(2) organizational structure and management

22 of the school;

23 ‘‘(3) the quality of the plan for assessing the

24 progress made by children in same gender classes over

25 the period of the grant;
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1 ‘‘(4) the extent of community support for the ap2 plication; and

3 ‘‘(5) the likelihood that the educational oppor4 tunity school will meet the objectives of such school

5 and improve educational results for students; and

6 ‘‘(6) the assurances submitted pursuant to sec7 tion 1804(c)(11).

8 ‘‘SEC. 1806. STUDY COMMISSIONED.

9 ‘‘The Secretary of Education is hereby required to

10 commission a study upon enactment of the Educational Op11 portunity Demonstration Program, with appropriate proto12 cols to compare the educational and behavioral achievement

13 of those choosing same gender classes and those choosing the

14 co-educational option. The study should be delivered to all

15 Members of Congress within one year of the expiration of

16 the waiver authority granted herein.

17 ‘‘SEC. 1807. CONSTRUCTION.

18 ‘‘Nothing in this part shall be construed to affect the

19 availability under title IX of remedies to overcome the ef20 fects of past discrimination on the basis of sex.
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1 ‘‘TITLE II—IMPROVING

2 TEACHING AND LEARNING

3 ‘‘PART A—DWIGHT D. EISENHOWER

4 PROFESSIONAL DEVELOPMENT PROGRAM

5 ‘‘SEC. 2101. FINDINGS.

6 ‘‘The Congress finds as follows:

7 ‘‘(1) Reaching the third National Education

8 Goal (all students will demonstrate mastery of chal9 lenging subject matter in the core academic subjects)

10 and the fifth National Education Goal (United States

11 students will become first in the world in mathe12 matics and science achievement) requires a com13 prehensive educational reform strategy that involves

14 parents, schools, government, communities, and other

15 public and private organizations at all levels.

16 ‘‘(2) A crucial component of the strategy for

17 achieving these two goals is ensuring, through sus18 tained and intensive high-quality professional devel19 opment, that all teachers can provide challenging

20 learning experiences in the core academic subjects for

21 their students.

22 ‘‘(3) The potential positive impact of high-qual23 ity professional development is underscored by recent

24 research findings that—
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1 ‘‘(A) professional development must be fo2 cused on teaching and learning in order to

3 change the opportunities of all students to

4 achieve higher standards;

5 ‘‘(B) effective professional development fo6 cuses on discipline-based knowledge and effective

7 subject-specific pedagogical skills, involves teams

8 of teachers, administrators, and pupil services

9 personnel in a school and, through professional

10 networks of teachers, teacher educators, adminis11 trators, pupil services personnel, and parents is

12 interactive and collaborative, motivates by its in13 trinsic content and relationship to practice,

14 builds on experience and learning-by-doing, and

15 becomes incorporated into the everyday life of the

16 school;

17 ‘‘(C) professional development can dramati18 cally improve classroom instruction and learn19 ing when teachers, administrators, pupil services

20 personnel, and parents are partners in the devel21 opment and implementation of such professional

22 development; and

23 ‘‘(D) new and innovative strategies for

24 teaching to high standards will require time for
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1 teachers, outside of the time spent teaching, for

2 instruction, practice, and collegial collaboration.

3 ‘‘(4) Special attention must be given in profes4 sional development activities to ensure that education

5 professionals are knowledgeable of, and make use of,

6 strategies for serving populations that historically

7 have lacked access to equal opportunities for advanced

8 learning and career advancement.

9 ‘‘(5) Professional development activities must

10 prepare teachers, pupil services personnel, paraprofes11 sionals and other staff in effective prevention and

12 intervention strategies to—

13 ‘‘(A) alleviate the need, and assure appro14 priate referral, for special education services;

15 and

16 ‘‘(B) prepare staff to work collaboratively to

17 educate students with disabilities placed into

18 general education settings, consistent with such

19 student’s individualized education program.

20 ‘‘(6) Professional development activities, designed

21 in cooperation with parents, that focus on the com22 plex social, emotional and mental health needs of chil23 dren which may impede learning, can help teachers,

24 administrators, and pupil services personnel assist

25 children in overcoming barriers to academic success.
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1 ‘‘(7) Professional development is often a victim

2 of budget reductions in fiscally difficult times.

3 ‘‘(8) There are few incentives or sanctions oper4 ating to encourage teachers and administrators to

5 work to prepare themselves to be more effective or to

6 participate in challenging and effective professional

7 development activities.

8 ‘‘(9) Parental involvement is an important as9 pect of school reform and improvement. There is a

10 need for special attention to ensure the effective in11 volvement of parents in the education of their chil12 dren. Professional development should include meth13 ods and strategies to better prepare teachers and ad14 ministrators in involving parents. Programs are

15 needed to provide parents the training and develop16 ment necessary to enable parents to participate fully

17 and effectively in their children’s education.

18 ‘‘(10) The Federal Government has a vital role

19 in helping to make sustained and intensive high-qual20 ity professional development in the core academic

21 subjects become an integral part of the elementary

22 and secondary education system.

23 ‘‘SEC. 2102. PURPOSES.

24 ‘‘It is the purpose of this part—
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1 ‘‘(1) to help ensure that teachers, other staff, and

2 administrators have access to high-quality profes3 sional development that is aligned to challenging

4 State content standards and challenging State student

5 performance standards and to support the develop6 ment and implementation of sustained and intensive

7 high-quality professional development activities in the

8 core academic subjects; and

9 ‘‘(2) to help ensure that teachers, administrators,

10 other staff, pupil services personnel, and parents have

11 access to professional development that—

12 ‘‘(A) is tied to challenging State content

13 standards and challenging State student per14 formance standards;

15 ‘‘(B) reflects recent research on teaching and

16 learning;

17 ‘‘(C) includes strong academic content and

18 pedagogical components;

19 ‘‘(D) incorporates effective strategies, tech20 niques, methods, and practices for meeting the

21 educational needs of diverse student populations,

22 including females, minorities, individuals with

23 disabilities, limited-English proficient individ24 uals, and economically disadvantaged individ25 uals, in order to ensure that all students have the
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1 opportunity to achieve challenging State student

2 performance standards;

3 ‘‘(E) is of sufficient intensity and duration

4 to have a positive and lasting impact on the

5 teacher’s performance in the classroom; and

6 ‘‘(F) is part of the everyday life of the

7 school and creates an orientation toward contin8 uous improvement throughout the school.

9 ‘‘SEC. 2103. AUTHORIZATION OF APPROPRIATIONS; ALLOCA10 TION BETWEEN SUBPARTS.

11 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—For the

12 purpose of carrying out this part, there are authorized to

13 be appropriated $800,000,000 for fiscal year 1995 and such

14 sums as may be necessary for each of the 4 succeeding fiscal

15 years.

16 ‘‘(b) ALLOCATION BETWEEN SUBPARTS.—Of the

17 amounts appropriated to carry out this part for any fiscal

18 year the Secretary shall make available—

19 ‘‘(1) 5 percent of such amounts to carry out sub20 part 1, of which 10 percent of such 5 percent shall be

21 available to carry out section 2114;

22 ‘‘(2) 93.75 percent of such amounts to carry out

23 subpart 2; and

24 ‘‘(3) 1.25 percent of such amounts to carry out

25 subpart 3.
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1 ‘‘Subpart 1—Federal Activities

2 ‘‘SEC. 2111. PROGRAM AUTHORIZED.

3 ‘‘(a) IN GENERAL.—The Secretary is authorized to

4 make grants to, and enter into contracts and cooperative

5 agreements with, local educational agencies, educational

6 service agencies, State educational agencies, State agencies

7 for higher education, institutions of higher education, and

8 other public and private agencies, organizations, and insti9 tutions to—

10 ‘‘(1) support activities of national significance

11 that the Secretary determines will contribute to the

12 development and implementation of high-quality pro13 fessional development activities in the core academic

14 subjects; and

15 ‘‘(2) evaluate activities carried out under this

16 subpart and subpart 2 in accordance with section

17 10701.

18 ‘‘(b) REQUIREMENTS.—In carrying out the activities

19 described in subsection (a), the Secretary shall coordinate

20 professional development programs within the Department,

21 particularly with those programs within the Office of Edu22 cational Research and Improvement, and shall consult and

23 coordinate with the National Science Foundation, the Na24 tional Endowment for the Humanities, the National En25 dowment for the Arts, the Institute of Museum Services, and

26 other appropriate Federal agencies and entities.
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1 ‘‘SEC. 2112. AUTHORIZED ACTIVITIES.

2 ‘‘The Secretary shall use funds available to carry out

3 this subpart for activities that help meet the purposes of

4 this part, such as—

5 ‘‘(1) providing seed money to the entities de6 scribed in section 2111(a) to develop the capacity of

7 such entities to offer sustained and intensive high8 quality professional development;

9 ‘‘(2) professional development institutes that pro10 vide teams of teachers, or teachers, administrators,

11 pupil services personnel and other staff, from individ12 ual schools, with professional development that con13 tains strong and integrated disciplinary and peda14 gogical components;

15 ‘‘(3) encouraging the development of local and

16 national professional networks, including the Teacher

17 Research Dissemination Demonstration Program

18 under section 941(j) of the Educational Research, De19 velopment, Dissemination, and Improvement Act of

20 1994, that provide a forum for interaction among

21 teachers of the core academic subjects and that allow

22 the exchange of information on advances in content

23 and pedagogy;

24 ‘‘(4) supporting the National Board for Profes25 sional Teaching Standards;
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1 ‘‘(5) the development and dissemination of teach2 ing standards in the core academic subjects;

3 ‘‘(6) the development of exemplary methods of as4 sessing teachers, other staff, and administrators for li5 censure and certification;

6 ‘‘(7) the dissemination of models of high-quality

7 professional development activities that train edu8 cators in strategies, techniques, methods, and prac9 tices for meeting the educational needs of historically

10 underserved populations, including females, minori11 ties, individuals with disabilities, limited-English

12 proficient individuals, and economically disadvan13 taged individuals, in order to ensure that all students

14 have the opportunity to achieve challenging State stu15 dent performance standards;

16 ‘‘(8) activities that promote the transferability of

17 licensure and certification of teachers and adminis18 trators among State and local jurisdictions;

19 ‘‘(9) the development and testing of incentive

20 strategies for motivating teachers, administrators,

21 and pupil services personnel to help increase their ef22 fectiveness through professional development focused

23 on teaching and learning and giving all students the

24 opportunity to learn to challenging State content
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1 standards and challenging State student performance

2 standards;

3 ‘‘(10) the development of innovative prevention

4 and intervention strategies to—

5 ‘‘(A) alleviate the need, or assure appro6 priate referral, for special education services;

7 and

8 ‘‘(B) prepare general education and special

9 education teachers, paraprofessionals and pupil

10 services personnel in effective integration of stu11 dents with disabilities into general education set12 tings, consistent with such student’s individual13 ized education program;

14 ‘‘(11) encouraging the development of innovative

15 models for recruitment, induction, retention and as16 sessment of new, highly qualified teachers, especially

17 such teachers from historically underrepresented

18 groups;

19 ‘‘(12) the dissemination of information about

20 voluntary national content standards and voluntary

21 national performance standards and related models of

22 high-quality professional development;

23 ‘‘(13) the development and maintenance of a na24 tional clearinghouse for such core academic subjects as

25 the Secretary determines are needed;
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1 ‘‘(14) joint activities with other Federal agencies

2 and entities engaged in or supporting similar profes3 sional development efforts;

4 ‘‘(15) the evaluation of programs under this sub5 part and subpart 2 in accordance with section 10701;

6 and

7 ‘‘(16) the development of programs which pre8 pare teachers to incorporate environmental education

9 in the core academic subjects.

10 ‘‘SEC. 2113. EISENHOWER NATIONAL CLEARINGHOUSE FOR

11 MATHEMATICS AND SCIENCE EDUCATION.

12 ‘‘(a) CLEARINGHOUSE AUTHORIZED.—The Secretary,

13 in consultation with the Director of the National Science

14 Foundation, may award a grant or contract to establish

15 an Eisenhower National Clearinghouse for Mathematics

16 and Science Education (hereafter in this section referred

17 to as the ‘Clearinghouse’).

18 ‘‘(b) APPLICATION AND AWARD BASIS.—Each entity

19 desiring to establish and operate the Clearinghouse author20 ized by this section shall submit an application to the Sec21 retary at such time, in such manner and accompanied by

22 such information as the Secretary may reasonably require.

23 The grant or contract awarded pursuant to paragraph (1)

24 shall be made on a competitive, merit basis.
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1 ‘‘(c) DURATION.—The grant or contract awarded

2 under this section shall be awarded for a period of 5 years

3 and shall be reviewed by the Secretary not later than 30

4 months from the date the grant or contract is awarded.

5 ‘‘(d) USE OF FUNDS.—The grant or contract awarded

6 under this section shall be used to—

7 ‘‘(1) maintain a permanent repository of mathe8 matics and science education instructional materials

9 and programs for elementary and secondary schools,

10 including middle schools (including, to the extent

11 practicable, all materials and programs developed

12 with Federal and non-Federal funds, such as instruc13 tional materials developed by the Department, mate14 rials developed by State and national mathematics

15 and science programs assisted under this part, and

16 other instructional materials) for use by the regional

17 consortiums established under subpart 2 of part C

18 and by the general public;

19 ‘‘(2) compile information on all mathematics

20 and science education programs administered by each

21 Federal agency or department;

22 ‘‘(3) disseminate information, programs, and in23 structional materials to the public, dissemination net24 works, and the regional consortiums under subpart 2

25 of part C;
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1 ‘‘(4) coordinate with identifiable and existing

2 data bases containing mathematics and science cur3 riculum and instructional materials, including Fed4 eral, non-Federal and, where feasible, international

5 data bases;

6 ‘‘(5) participate in collaborative meetings of rep7 resentatives of the Clearinghouse and the regional

8 consortiums under subpart 2 of part C to discuss is9 sues of common interest and concern, to foster effec10 tive collaboration and cooperation in acquiring and

11 distributing curriculum materials and programs, and

12 to coordinate computer network access to the Clear13 inghouse and the resources of the regional consor14 tiums, except that not more than 3 percent of the

15 funds awarded under this section shall be used to

16 carry out this paragraph; and

17 ‘‘(6) gather qualitative and evaluative data on

18 submissions to the Clearinghouse.

19 ‘‘(e) SUBMISSION TO CLEARINGHOUSE.—Each Federal

20 agency or department which develops mathematics or

21 science education instructional material or programs, in22 cluding the National Science Foundation and the Depart23 ment, shall submit to the Clearinghouse copies of such mate24 rial or programs.
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1 ‘‘(f) PEER REVIEW.—The Secretary shall establish a

2 peer review process to select the recipient of the award

3 under this subsection.

4 ‘‘(g) STEERING COMMITTEE.—The Secretary may ap5 point a steering committee to recommend policies and ac6 tivities for the Clearinghouse.

7 ‘‘(h) APPLICATION OF COPYRIGHT LAWS.—Nothing in

8 this section shall be construed to allow the use or copying,

9 in any media, of any material collected by the Clearing10 house that is protected under the copyright laws of the Unit11 ed States unless the permission of the owner of the copyright

12 is obtained. The Clearinghouse, in carrying out the provi13 sions of this subsection, shall ensure compliance with title

14 17, United States Code.

15 ‘‘(i) DISSEMINATION OF INFORMATION.—The Sec16 retary shall disseminate information concerning the grant

17 or contract awarded under this section to State and local

18 educational agencies and institutions of higher education.

19 Such dissemination of information shall include examples

20 of exemplary national programs in mathematics and

21 science instruction and necessary technical assistance for

22 the establishment of similar programs.

23 ‘‘SEC. 2114. NATIONAL TEACHER TRAINING PROJECT.

24 ‘‘(a) SHORT TITLE; FINDINGS; DEFINITIONS.—
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1 ‘‘(1) SHORT TITLE.—This section may be cited

2 as the ‘National Teacher Training Project Act of

3 1994’.

4 ‘‘(2) FINDINGS.—The Congress finds that—

5 ‘‘(A) teachers must be major players in edu6 cational reform in the United States;

7 ‘‘(B) teachers are isolated from their peers

8 and have virtually no time during the school day

9 to consult with other teachers;

10 ‘‘(C) there is a shortage of sustained, year11 round professional development programs for

12 teachers;

13 ‘‘(D) successful teaching methods are not

14 adequately shared among teachers;

15 ‘‘(E) teachers are the best teachers of other

16 teachers because practicing classroom teachers

17 have experience that no outside consultant can

18 match;

19 ‘‘(F) it is important for universities and

20 schools to collaborate on teacher development

21 programs if teaching and learning are to be im22 proved;

23 ‘‘(G) pertinent research is not shared among

24 teachers in a professional setting;
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1 ‘‘(H) exemplary teachers should be recog2 nized for their abilities and contributions and

3 encouraged to refine their teaching methods;

4 ‘‘(I) each State should support a nationally

5 based teacher training program that is modeled

6 after the National Writing Project for teachers of

7 the core academic subjects, including early child8 hood education, mathematics, science, English,

9 civics and government, foreign languages, and

10 arts;

11 ‘‘(J) the National Writing Project is a na12 tionally recognized and honored nonprofit orga13 nization that recognizes there are teachers in

14 every region of the United States who have devel15 oped successful methods for teaching writing and

16 that such teachers can be trained and encouraged

17 to train other teachers;

18 ‘‘(K) the National Writing Project is a col19 laborative university-school program which offers

20 summer and school year inservice teacher train21 ing programs and a dissemination network to

22 inform and teach teachers regarding develop23 ments in the field of writing;

24 ‘‘(L) each year over 125,000 teachers volun25 tarily seek training in National Writing Project
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1 intensive summer institutes and workshops and

2 school year inservice programs through 1 of the

3 155 sites located within the United States, and

4 in 18 sites located outside of the United States;

5 ‘‘(M) in the 20 years of its existence, over

6 1,100,000 teachers, administrators and parents

7 have participated in National Writing Project

8 programs;

9 ‘‘(N) less than $16 per teacher was the aver10 age cost in Federal dollars for all teacher train11 ing at writing projects in academic year 1991–

12 1992;

13 ‘‘(O) for every dollar in Federal support,

14 the National Writing Project provides over $5 in

15 matching funds from States, local universities

16 and schools, and the private sector;

17 ‘‘(P) private foundation resources, although

18 generous in the past concerning National Writ19 ing Project programs, are inadequate to fund all

20 of the National Teacher Training Project sites

21 needed, and the future of the program is in jeop22 ardy without secure financial support;

23 ‘‘(Q) the National Writing Project has be24 come a model for programs in other fields, such

25 as science, mathematics, history, literature, for-
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1 eign languages, and the performing arts, and the

2 development of programs in other fields should

3 continue with the support of Federal funds; and

4 ‘‘(R) each of the 50 States should partici5 pate in the National Teacher Training Project

6 by establishing regional teacher training sites in

7 early childhood development, mathematics,

8 science, English, civics and government, foreign

9 languages, and arts to serve all teachers within

10 the State.

11 ‘‘(3) DEFINITIONS.—For the purpose of this sec12 tion—

13 ‘‘(A) the term ‘contractor’ means—

14 ‘‘(i) a local educational agency;

15 ‘‘(ii) an educational service agency; or

16 ‘‘(iii) an institution of higher edu17 cation that awards a bachelor’s degree; and

18 ‘‘(B) the term ‘eligible recipient’ means a

19 nonprofit educational organization which has as

20 its primary purpose the improvement of student

21 learning in one of the core academic subjects de22 scribed in subsection (b)(2).

23 ‘‘(b) GRANTS AUTHORIZED.—
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1 ‘‘(1) GRANTS TO ELIGIBLE RECIPIENTS.—The

2 Secretary is authorized to award a grant to an eligi3 ble recipient to enable such recipient—

4 ‘‘(A) to support and promote the establish5 ment of teacher training programs in early

6 childhood development and one of the 9 core aca7 demic subjects described in paragraph (2), in8 cluding the dissemination of effective practices

9 and research findings regarding teacher train10 ing, and administrative activities;

11 ‘‘(B) to support classroom research on effec12 tive teaching practices in such area; and

13 ‘‘(C) to pay the Federal share of the cost of

14 such programs and research.

15 ‘‘(2) CORE SUBJECT AREAS.—To the extent fea16 sible, the Secretary shall award a grant under para17 graph (1) for the establishment of a National Teacher

18 Training Project in early childhood development and

19 each of the following core academic subjects:

20 ‘‘(A) Mathematics.

21 ‘‘(B) Science.

22 ‘‘(C) English.

23 ‘‘(D) Civics and government.

24 ‘‘(E) Foreign languages.

25 ‘‘(F) Arts.
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1 ‘‘(G) Geography.

2 ‘‘(H) History.

3 ‘‘(I) Economics.

4 ‘‘(3) NUMBER OF GRANTS AND ELIGIBLE RECIPI5 ENTS.—The Secretary shall award not more than 10

6 grants under paragraph (1) to 10 different eligible re7 cipients.

8 ‘‘(4) EQUITABLE DISTRIBUTION.—The Secretary

9 shall award grants under paragraph (1) to eligible re10 cipients from different geographic areas of the United

11 States.

12 ‘‘(5) SPECIAL RULE.—Each grant under para13 graph (1) shall be of sufficient size, scope and quality

14 to be effective.

15 ‘‘(6) ADMINISTRATIVE COSTS AND TECHNICAL AS16 SISTANCE.—Each eligible recipient receiving a grant

17 under paragraph (1) may use not more than 5 per18 cent of the grant funds for administrative costs and

19 the costs of providing technical assistance to a con20 tractor.

21 ‘‘(c) GRANT REQUIREMENTS.—Each eligible recipient

22 receiving a grant under subsection (b) shall—

23 ‘‘(1) enter into a contract with a contractor

24 under which such contractor agrees—
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1 ‘‘(A) to establish, operate, and provide the

2 non-Federal share of the cost of teacher training

3 programs in effective approaches and processes

4 for the teaching of the subject matter for which

5 such eligible recipient was awarded a grant, in6 cluding approaches and processes to obtain pa7 rental involvement in a child’s education; and

8 ‘‘(B) to use funds received from the eligible

9 recipient to pay the Federal share of the cost of

10 establishing and operating teacher training pro11 grams described in subparagraph (A);

12 ‘‘(2) make annual reports to the Secretary and

13 be responsible for oversight of the funds expended at

14 each teacher training program described in subpara15 graph (A); and

16 ‘‘(3) meet such other conditions and standards as

17 the Secretary determines to be necessary to assure

18 compliance with this section and provide such tech19 nical assistance as may be necessary to carry out this

20 section.

21 ‘‘(d) TEACHER TRAINING PROGRAMS.—The teacher

22 training programs described in subsection (b) shall—

23 ‘‘(1) be conducted during the school year and

24 during the summer months;
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1 ‘‘(2) train teachers who teach grades kinder2 garten through college;

3 ‘‘(3) select teachers to become members of a Na4 tional Teacher Training Project, which members shall

5 conduct inservice workshops for other teachers in the

6 area served by the National Teacher Training Project

7 site;

8 ‘‘(4) borrow teacher training principles and re9 ceive technical assistance from the National Writing

10 Project; and

11 ‘‘(5) encourage teachers from all disciplines to

12 participate in such teacher training programs.

13 ‘‘(e) FEDERAL SHARE.—The term ‘Federal share’

14 means, with respect to the costs of teacher training pro15 grams described in subsection (b), 50 percent of such costs

16 to the contractor

17 ‘‘(f) APPLICATION.—Each eligible recipient desiring a

18 grant under this section shall submit an application to the

19 Secretary at such time, in such manner and accompanied

20 by such information as the Secretary may reasonably re21 quire.

22 ‘‘(g) PARTICIPANTS AND SELECTION PROCESS.—The

23 selection process for participation in a teacher training

24 program described in subsection (b) shall—
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1 ‘‘(1) reward exemplary teachers with varying

2 levels of teaching experience who are nominated by

3 other teachers and administrators;

4 ‘‘(2) involve an application process to select par5 ticipants for a summer program;

6 ‘‘(3) ensure the selection of a geographically and

7 ethnically diverse group of teachers by soliciting ap8 plications from teachers of both public and private

9 institutions in rural, urban and suburban settings of

10 every State; and

11 ‘‘(4) automatically offer a place in a summer

12 program to the ‘Teacher of the Year’ chosen pursuant

13 to a Federal or State teacher recognition program.

14 ‘‘(h) LIMITATION.—A contractor entering into a con15 tract under subsection (c)(1) shall not spend more than 5

16 percent of funds received under the contract for administra17 tive costs.

18 ‘‘Subpart 2—State and Local Activities

19 ‘‘SEC. 2121. PROGRAM AUTHORIZED.

20 ‘‘The Secretary is authorized to make grants to State

21 educational agencies for the support of sustained and inten22 sive high-quality professional development activities in the

23 core academic subjects at the State and local levels.
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1 ‘‘SEC. 2122. ALLOCATION OF FUNDS.

2 ‘‘(a) RESERVATION OF FUNDS.—From the amount

3 available to carry out this subpart for any fiscal year, the

4 Secretary shall reserve—

‘‘(1) 1 5 ⁄2 of 1 percent for the outlying areas, to be

6 distributed among the outlying areas on the basis of

7 their relative need, as determined by the Secretary in

8 accordance with the purposes of this part;

‘‘(2) 1 9 ⁄2 of 1 percent for the Secretary of the Inte10 rior for programs under this part for professional de11 velopment activities for teachers, other staff, and ad12 ministrators in schools operated or funded by the Bu13 reau of Indian Affairs.

14 ‘‘(b) STATE ALLOTMENTS.—The Secretary shall allo15 cate the amount available to carry out this subpart and

16 not reserved under subsection (a) to each of the 50 States,

17 the District of Columbia, and the Commonwealth of Puerto

18 Rico as follows, except that no State shall receive less than

19 one-half of 1 percent of such amount:

20 ‘‘(1) Fifty percent shall be allocated among such

21 jurisdictions on the basis of their relative populations

22 of individuals aged 5 through 17, as determined by

23 the Secretary on the basis of the most recent satisfac24 tory data.

25 ‘‘(2) Fifty percent shall be allocated among such

26 jurisdictions in accordance with the relative amounts
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1 such jurisdictions received under part A of title I for

2 the preceding fiscal year.

3 ‘‘(c) REALLOCATION.—If any jurisdiction does not

4 apply for an allotment under subsection (b) for any fiscal

5 year, the Secretary shall reallocate such amount to the re6 maining jurisdictions in accordance with that subsection.

7 ‘‘SEC. 2123. WITHIN-STATE ALLOCATIONS.

8 ‘‘Of the amounts received by any State under this sub9 part for any fiscal year—

10 ‘‘(1) 75 percent shall be available for State level

11 activities under section 2126 and local allowable ac12 tivities under section 2129(b), of which—

13 ‘‘(A) not more than 5 percent may be used

14 for the administrative costs of the State edu15 cational agency;

16 ‘‘(B) not more than 5 percent may be used

17 for State-level activities under section 2126; and

18 ‘‘(C) of the remaining amount—

19 ‘‘(i) 50 percent shall be distributed to

20 local educational agencies—

21 ‘‘(I) for use in accordance with

22 section 2129; and

23 ‘‘(II) in accordance with the rel24 ative enrollments in public and private

25 nonprofit elementary and secondary
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1 schools within the boundaries of such

2 agencies; and

3 ‘‘(ii) 50 percent of such amount shall

4 be distributed to local educational agen5 cies—

6 ‘‘(I) for use in accordance with

7 section 2129; and

8 ‘‘(II) in accordance with the rel9 ative amount such agencies received

10 under part A of title I of this Act for

11 the preceding fiscal year; and

12 ‘‘(2) 25 percent shall be available to the State

13 agency for higher education for activities under sec14 tion 2130, of which not more than 5 percent may be

15 used for the administrative costs of the State agency

16 for higher education.

17 ‘‘SEC. 2124. PRIORITY FOR PROFESSIONAL DEVELOPMENT

18 IN MATHEMATICS AND SCIENCE.

19 ‘‘(a) APPROPRIATION OF LESS THAN $250,000,000.—

20 In any fiscal year for which the amount appropriated for

21 this part is less than $250,000,000, each State shall ensure

22 that all funds distributed in accordance with section

23 2123(1)(C) are used for professional development in mathe24 matics and science.
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1 ‘‘(b) APPROPRIATION EQUAL TO OR ABOVE

2 $250,000,000.—In any fiscal year for which the amount

3 appropriated for this part is at least $250,000,000, each

4 State shall ensure that the amount of funds distributed in

5 accordance with section 2123(1)(C) that is used for profes6 sional development in mathematics and science is not less

7 than the amount that bears the same ratio to the total

8 amount of funds so distributed as the sum of $250,000,000

9 plus at least 10 percent of the amount appropriated for this

10 part for such year in excess of $250,000,000 bears to the

11 total amount appropriated for this part for such year.

12 ‘‘SEC. 2125. STATE APPLICATIONS.

13 ‘‘(a) APPLICATIONS REQUIRED.—Each State edu14 cational agency that wishes to receive an allotment under

15 this subpart for any fiscal year shall submit an application

16 to the Secretary at such time and in such form as the Sec17 retary may require.

18 ‘‘(b) PROFESSIONAL DEVELOPMENT PLAN.—

19 ‘‘(1) IN GENERAL.—Each application under this

20 section shall include a State plan for professional de21 velopment that satisfies the requirements of this sec22 tion.

23 ‘‘(2) CONTENTS.—Each such State plan shall—

24 ‘‘(A) be developed in conjunction with the

25 State agency for higher education, nonprofit or-
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1 ganizations of demonstrated effectiveness, institu2 tions of higher education or schools of education,

3 and with the extensive participation of local

4 teachers, administrators, and pupil services per5 sonnel and show the role of each such entity in

6 implementation of the plan;

7 ‘‘(B) be designed to give teachers, adminis8 trators, and pupil services personnel in the State

9 the knowledge and skills necessary to provide all

10 students the opportunity to meet challenging

11 State content standards and challenging State

12 student performance standards;

13 ‘‘(C) include an assessment of State and

14 local needs for professional development specifi15 cally related to subparagraph (B);

16 ‘‘(D) describe the need for teacher develop17 ment beginning with recruitment, preservice,

18 and induction, and continuing throughout the

19 professional teaching career, taking into account

20 the need, as determined by the State, for greater

21 access to and participation in the teaching pro22 fession by individuals from historically

23 underrepresented groups;

24 ‘‘(E) describe how the State requirements

25 for licensure of teachers and administrators, in-
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1 cluding certification and recertification, support

2 challenging State content standards and chal3 lenging State student performance standards;

4 ‘‘(F) describe how the State will work with

5 teachers, administrators, parents, local edu6 cational agencies, schools, educational service

7 agencies, and institutions of higher education or

8 nonprofit organizations of demonstrated effective9 ness to ensure that such individuals or entities

10 develop the capacity to support sustained and

11 intensive, high-quality professional development

12 programs in the core academic subjects;

13 ‘‘(G) describe how the State will prepare all

14 teachers to teach children with diverse learning

15 needs, including children with disabilities;

16 ‘‘(H) describe how the State will prepare

17 teachers, paraprofessionals and pupil services

18 personnel in effective prevention and interven19 tion strategies to—

20 ‘‘(i) alleviate the need, and assure ap21 propriate referral, for special education

22 services; and

23 ‘‘(ii) prepare general and special edu24 cation staff to work collaboratively to edu25 cate students with disabilities placed into
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1 general education settings, consistent with

2 such student’s individualized education pro3 gram;

4 ‘‘(I) describe how the State will use tech5 nology, including the emerging national infor6 mation infrastructure, to enhance the profes7 sional development of teachers, administrators,

8 and pupil services personnel;

9 ‘‘(J) describe how the State will ensure a

10 strong focus on professional development in

11 mathematics and science taking into account the

12 need for greater access to, and participation in,

13 such disciplines by students from historically

14 underrepresented groups;

15 ‘‘(K) describe how the State will provide in16 centives to teachers and administrators to focus

17 their professional development on preparing

18 themselves to provide instruction consistent with

19 challenging State content standards and chal20 lenging State student performance standards;

21 ‘‘(L) set specific outcome performance indi22 cators for professional development; and

23 ‘‘(M) describe how parents can be involved

24 in professional development programs to enhance
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1 their participation in the education of their chil2 dren.

3 ‘‘(3) DURATION OF THE PLAN.—Each such State

4 plan shall—

5 ‘‘(A) remain in effect for the duration of the

6 State’s participation under this subpart; and

7 ‘‘(B) be periodically reviewed and revised

8 by the State, as necessary, to reflect changes in

9 the State’s strategies and programs under this

10 subpart.

11 ‘‘(c) ADDITIONAL MATERIAL.—Each State application

12 shall include—

13 ‘‘(1) a description of how the activities assisted

14 under this subpart will be coordinated, as appro15 priate, with—

16 ‘‘(A) other activities conducted with Federal

17 funds, especially activities supported under part

18 A of title I of this Act, and parts B and D of

19 the Individuals with Disabilities Education Act;

20 ‘‘(B) State and local funds;

21 ‘‘(C) resources from business and industry,

22 museums, libraries, educational television sta23 tions, and public and private nonprofit organi24 zations of demonstrated experience; and
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1 ‘‘(D) funds received from other Federal

2 agencies, such as the National Science Founda3 tion, the Departments of Commerce, Energy, and

4 Health and Human Services, the National En5 dowment for the Arts, the Institute of Museum

6 Services, and the National Endowment for the

7 Humanities; and

8 ‘‘(2) a description of the activities to be spon9 sored under the State level activities under section

10 2126 and the higher education activities under section

11 2130.

12 ‘‘(d) PEER REVIEW AND SECRETARIAL APPROVAL.—

13 ‘‘(1) IN GENERAL.—The Secretary shall approve

14 an application of a State educational agency under

15 this section if such application meets the requirements

16 of this section and holds reasonable promise of achiev17 ing the purposes of this part.

18 ‘‘(2) REVIEW.—In reviewing applications under

19 this section, the Secretary shall obtain the advice of

20 non-Federal experts on education in the core aca21 demic subjects and on teacher education, including

22 teachers and administrators.
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1 ‘‘SEC. 2126. STATE LEVEL ACTIVITIES.

2 ‘‘Each State may use funds made available under sec3 tion 2123(1) to carry out activities described in the plan

4 under section 2125(b), such as—

5 ‘‘(1) reviewing and reforming State requirements

6 for teacher and administrator licensure, including

7 certification and recertification, to align such require8 ments with the State’s challenging State content

9 standards and ensure that teachers and administra10 tors have the knowledge and skills necessary to help

11 students meet challenging State student performance

12 standards;

13 ‘‘(2) developing performance assessments and

14 peer review procedures, as well as other methods, for

15 licensing teachers and administrators;

16 ‘‘(3) providing technical assistance to schools

17 and local educational agencies to help such schools

18 and agencies provide effective professional develop19 ment in the core academic subjects;

20 ‘‘(4) developing or supporting professional devel21 opment networks, either within a State or in a re22 gional consortium of States, that provide a forum for

23 interaction among teachers and that allow exchange

24 of information on advances in content and pedagogy;

25 ‘‘(5) professional development in the effective use

26 of educational technology as an instructional tool for
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HR 6 EAS

1 increasing student understanding of the core aca2 demic subjects, including efforts to train teachers in

3 methods for achieving gender equity both in students’

4 access to computers and other educational technology

5 and in teaching practices used in the application of

6 educational technology;

7 ‘‘(6) providing financial or other incentives for

8 teachers to become certified by nationally recognized

9 professional teacher enhancement organizations;

10 ‘‘(7) designing systems that enable teachers to

11 meet pay ladder professional development require12 ments by demonstrating content knowledge and peda13 gogical competence tied to challenging State content

14 standards and challenging State student performance

15 standards, rather than by merely completing course

16 credits;

17 ‘‘(8) providing incentives for teachers to be in18 volved in assessment, curriculum development, and

19 technical assistance processes for teachers and stu20 dents;

21 ‘‘(9) professional development to enable teachers,

22 pupil services personnel, and other school staff to en23 sure that girls and young women, minorities, limited

24 English proficient students, individuals with disabil25 ities, and the economically disadvantaged have the
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1 full opportunity to achieve to challenging State con2 tent standards and challenging State student perform3 ance standards in the core academic subjects by, for

4 example, encouraging girls and young women and

5 minorities to pursue advanced courses in mathematics

6 and science;

7 ‘‘(10) professional development designed to—

8 ‘‘(A) provide the collaborative skills needed

9 to appropriately serve children with disabilities

10 in the general education setting consistent with

11 such child’s individualized education program;

12 and

13 ‘‘(B) develop skills needed for effective pre14 vention and intervention teaching strategies to

15 alleviate the need, or assure appropriate referral,

16 for special education services;

17 ‘‘(11) professional development and recruitment

18 activities designed to increase the numbers of minori19 ties, individuals with disabilities and females teach20 ing in the core academic subjects in which such indi21 viduals are underrepresented;

22 ‘‘(12) identifying, developing, or supporting pa23 rental involvement programs to better equip parents

24 to participate in the education of their children;
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1 ‘‘(13) professional development activities de2 signed to increase the number of women and other

3 underrepresented groups in the administration of

4 schools;

5 ‘‘(14) providing training for local education em6 ployees in the area of early childhood development in

7 order to ensure that early childhood development serv8 ices provided to low-income children below the age of

9 compulsory school attendance comply with the per10 formance standards established under section 641A(a)

11 of the Head Start Act or under section 651 of such

12 Act, as such section 651 was in effect on the day pre13 ceding the date of enactment of the Human Services

14 Amendments of 1994; and

15 ‘‘(15) providing technical assistance to teachers,

16 administrators, parents and related services personnel

17 in the area of early childhood development in order

18 to ensure that early childhood development services

19 provided to low-income children below the age of com20 pulsory school attendance comply with the perform21 ance standards established under section 641A(a) of

22 the Head Start Act or under section 651 of such Act,

23 as such section 651 was in effect on the day preceding

24 the date of enactment of the Human Services Amend25 ments of 1994.
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1 ‘‘SEC. 2127. LOCAL EDUCATIONAL AGENCY APPLICATIONS.

2 ‘‘(a) IN GENERAL.—Each local educational agency

3 that desires a subgrant under this subpart shall submit an

4 application to the State educational agency at such time

5 as the State educational agency may require, but not less

6 frequently than every 3 years.

7 ‘‘(b) CONTENTS.—Each application under this section

8 shall include—

9 ‘‘(1) the local educational agency’s plan for pro10 fessional development that—

11 ‘‘(A) has been developed with the extensive

12 participation of teachers, administrators, staff,

13 and pupil services personnel;

14 ‘‘(B) is aligned with the State’s challenging

15 State content standards and challenging State

16 student performance standards;

17 ‘‘(C) includes an assessment of local needs

18 for professional development as identified by the

19 local educational agency and school staff;

20 ‘‘(D) describes a strategy, tied to challeng21 ing State content standards and challenging

22 State student performance standards, for ad23 dressing those needs;

24 ‘‘(E) includes strong academic content and

25 pedagogical components;
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1 ‘‘(F) takes into account the need for greater

2 access to and participation in the core academic

3 subjects, especially in mathematics and science,

4 by students from historically underrepresented

5 groups;

6 ‘‘(G) is of sufficient intensity and duration

7 to have a positive and lasting impact on the stu8 dent’s performance in the classroom; and

9 ‘‘(H) sets specific outcome performance in10 dicators;

11 ‘‘(2) an assurance that the activities conducted

12 with the funds such agency received under this sub13 part will be assessed at least every three years using

14 the outcome performance indicators to determine the

15 effectiveness of such activities;

16 ‘‘(3) a description of how the programs funded

17 under this subpart will be coordinated, as appro18 priate, with—

19 ‘‘(A) services of educational service agencies;

20 ‘‘(B) services of institutions of higher edu21 cation;

22 ‘‘(C) State and local funds;

23 ‘‘(D) resources provided under part A of

24 title I and other provisions of this Act;
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1 ‘‘(E) resources from business, industry, mu2 seums, libraries, educational television stations,

3 and public and private nonprofit organizations

4 of demonstrated experience;

5 ‘‘(F) resources provided under parts B, D

6 and H of the Individuals with Disabilities Edu7 cation Act; and

8 ‘‘(G) funds received from other Federal

9 agencies, such as the National Science Founda10 tion, the Department of Energy, the Department

11 of Health and Human Services, the National

12 Endowment for the Arts, the Institute of Museum

13 Services, and the National Endowment for the

14 Humanities;

15 ‘‘(4) an identification of the sources of funding

16 that will provide the local educational agency’s con17 tribution under section 2128; and

18 ‘‘(5) a description of the strategies to be em19 ployed to more fully and effectively involve parents in

20 the education of their children.

21 ‘‘(c) DURATION OF THE PLAN.—Each local plan de22 scribed in subsection (b)(1) shall—

23 ‘‘(1) remain in effect for the duration of the local

24 educational agency’s participation under this sub25 part; and
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1 ‘‘(2) be periodically reviewed and revised by the

2 local educational agency, as necessary, to reflect

3 changes in the local educational agency’s strategies

4 and programs under this subpart.

5 ‘‘SEC. 2128. LOCAL COST-SHARING.

6 ‘‘(a) IN GENERAL.—Each local educational agency

7 shall provide at least 33 percent of the cost of the activities

8 assisted under this subpart, excluding the cost of services

9 provided to private school teachers.

10 ‘‘(b) AVAILABLE RESOURCES FOR COST-SHARING.—

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

12 may meet the requirement of subsection (a) through

13 one or more of the following:

14 ‘‘(A) Cash expenditures from non-Federal

15 sources directed toward professional development

16 activities.

17 ‘‘(B) Release time for teachers participating

18 in professional development assisted under this

19 subpart.

20 ‘‘(C) Funds received under one or more of

21 the following programs, so long as such funds are

22 used for professional development activities con23 sistent with this subpart and the statutes under

24 which such funds were received, and are used to
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1 benefit students and teachers in schools that oth2 erwise would have been served with such funds:

3 ‘‘(i) Part A of title I.

4 ‘‘(ii) Parts B and D of the Individuals

5 with Disabilities Education Act.

6 ‘‘(iii) The Safe and Drug-Free Schools

7 and Communities program under part A of

8 title V.

9 ‘‘(iv) Bilingual Education Programs

10 under part A of title VII.

11 ‘‘(v) The Women’s Educational Equity

12 Act of 1994.

13 ‘‘(vi) Title III of the Goals 2000: Edu14 cate America Act.

15 ‘‘(vii) Programs that are related to the

16 purposes of this Act that are administered

17 by other Federal agencies, including the Na18 tional Science Foundation, the National

19 Endowment for the Humanities, the Na20 tional Endowment for the Arts, the Institute

21 of Museum Services, and the Department of

22 Energy.

23 ‘‘(2) SPECIAL RULE.—A local educational agency

24 may meet the requirement of subsection (a) through
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1 contributions described in paragraph (1) that are

2 provided in cash or in kind, fairly evaluated.

3 ‘‘SEC. 2129. LOCAL ALLOCATION OF FUNDS AND ALLOW4 ABLE ACTIVITIES.

5 ‘‘(a) LOCAL ALLOCATION OF FUNDS.—Each local edu6 cational agency that receives funds under this subpart for

7 any fiscal year—

8 ‘‘(1) shall use at least 80 percent of such funds

9 for professional development of teachers, administra10 tors, pupil services personnel, parents, and other staff

11 of individual schools in a manner that—

12 ‘‘(A) is determined by such teachers and

13 staff;

14 ‘‘(B) to the extent practicable, takes place at

15 the individual school site; and

16 ‘‘(C) is consistent with the local educational

17 agency’s application under section 2127, any

18 school plan under part A of title I, and any

19 other plan for professional development carried

20 out with Federal, State, or local funds that em21 phasizes sustained, ongoing activities; and

22 ‘‘(2) may use not more than 20 percent of such

23 funds for school district-level professional development

24 activities, including the participation of administra25 tors, policymakers, and parents.
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1 ‘‘(b) AUTHORIZED ACTIVITIES.—Each local edu2 cational agency and school that receives funds under this

3 subpart shall use such funds for activities that contribute

4 to the implementation of the local educational agency’s pro5 fessional development plan described in section 2127(b)(1),

6 such as—

7 ‘‘(1) professional development for teams of teach8 ers, administrators, pupil services personnel, or other

9 staff from individual schools, to support teaching con10 sistent with challenging State content standards and

11 challenging State student performance standards and

12 to create a school environment conducive to high

13 achievement in the core academic subjects;

14 ‘‘(2) support and time, which in the case of

15 teachers may include release time with pay, for teach16 ers, pupil services personnel, and other school staff to

17 enable such teachers, personnel, and staff to partici18 pate in professional development in the core academic

19 subjects that are offered through professional associa20 tions, universities, and other providers such as com21 munity-based organizations, science centers and mu22 seums;

23 ‘‘(3) support and time, which in the case of

24 teachers may include release time with pay, for teach25 ers, pupil services personnel and other school staff to
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1 participate in professional development that goes be2 yond training and encourages a variety of forms of

3 learning that are related to an educator’s regular

4 work, such as group study and consultation with

5 peers and supervisors;

6 ‘‘(4) support and time for teachers, pupil services

7 personnel and other school staff to learn and imple8 ment effective collaboration—

9 ‘‘(A) for the instruction of children with

10 disabilities placed into general education set11 tings, consistent with such child’s individualized

12 education program; and

13 ‘‘(B) in prevention and intervention strate14 gies to alleviate the need for, or assure appro15 priate, referrals of children for special education

16 services;

17 ‘‘(5) professional development which incorporates

18 effective strategies, techniques, methods, and practices

19 for meeting the educational needs of diverse groups of

20 students, including females, minorities, individuals

21 with disabilities, limited-English proficient individ22 uals and economically disadvantaged individuals;

23 ‘‘(6) peer training and mentoring programs, in24 cluding cross-generational mentoring, in the core aca-
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1 demic subjects and in the developmental, social, emo2 tional and mental health needs of children;

3 ‘‘(7) establishment and maintenance of local pro4 fessional networks that provide a forum for inter5 action among teachers and pupil services personnel

6 and that allow exchange of information on advances

7 in content and pedagogy;

8 ‘‘(8) activities that provide followup for teachers

9 who have participated in professional development ac10 tivities that are designed to ensure that the knowledge

11 and skills learned by the teacher are implemented in

12 the classroom;

13 ‘‘(9) preparing teachers and pupil services per14 sonnel to work with parents and families on fostering

15 student achievement in the core academic subjects;

16 ‘‘(10) preparing teachers in the effective use of

17 educational technology and assistive technology as in18 structional tools for increasing student understanding

19 of the core academic subjects;

20 ‘‘(11) establishing policies to permit teachers to

21 meet pay ladder requirements by demonstrating con22 tent and pedagogical competence rather than by only

23 meeting course requirements;

24 ‘‘(12) professional development to enable teach25 ers, pupil services personnel, and other school staff to
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1 ensure that girls and young women, minorities, lim2 ited-English proficient students, individuals with dis3 abilities, and the economically disadvantaged have

4 full opportunity to achieve to challenging State con5 tent standards and challenging State student perform6 ance standards in the core academic subjects;

7 ‘‘(13) professional development activities de8 signed to increase the numbers of minorities, individ9 uals with disabilities, and other underrepresented

10 groups in the teaching force and to increase the num11 bers of women and members of other underrepresented

12 groups who are science and mathematics teachers, for

13 example, through career ladder programs that assist

14 educational paraprofessionals to obtain teaching cre15 dentials;

16 ‘‘(14) professional development activities and

17 other support for new teachers as such teachers transi18 tion into the classroom to provide such teachers with

19 practical support and increase retention;

20 ‘‘(15) professional development for teachers, par21 ents, early childhood educators, administrators, and

22 other staff to support activities and services related to

23 the Transition to Success program developed under

24 part B of title I;
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1 ‘‘(16) developing incentive strategies for reward2 ing teachers, administrators, and pupil services per3 sonnel collectively in schools that sustain high per4 formance or consistent growth in the number of their

5 students who meet the challenging State content

6 standards and challenging State student performance

7 standards;

8 ‘‘(17) providing financial or other incentives for

9 teachers to become certified by nationally recognized

10 professional teacher enhancement programs;

11 ‘‘(18) developing strategies and programs to

12 more effectively involve parents in the education of

13 their children;

14 ‘‘(19) professional development activities de15 signed to increase the number of women and other

16 underrepresented groups in the administration of

17 schools;

18 ‘‘(20) release time with pay for teachers;

19 ‘‘(21) professional development in experiential20 based teaching methods such as service learning; and

21 ‘‘(22) support for partnerships between (A)

22 schools, consortia of schools, or local educational agen23 cies, and (B) institutions of higher education, includ24 ing schools of education, that encourage teachers to

25 participate in intensive, ongoing professional develop-
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1 ment programs, both academic and pedagogical, at

2 institutions of higher education, and encourage stu3 dents at institutions of higher education studying to

4 become teachers to have direct, practical experience at

5 schools.

6 ‘‘SEC. 2130. HIGHER EDUCATION ACTIVITIES.

7 ‘‘(a) IN GENERAL.—

8 ‘‘(1) IN GENERAL.—From amounts made avail9 able under section 2123(2), the State agency for high10 er education, working in conjunction with the State

11 educational agency (if such agencies are separate),

12 shall award grants to, or enter into contracts or coop13 erative agreements with, institutions of higher edu14 cation or private nonprofit organizations working in

15 conjunction with local educational agencies, for pro16 fessional development activities in the core academic

17 subjects that contribute to the State plan for profes18 sional development.

19 ‘‘(2) COMPETITIVE BASIS.—Each grant, contract

20 or cooperative agreement described in paragraph (1)

21 shall be awarded on a competitive basis.

22 ‘‘(3) JOINT EFFORTS.—Each activity assisted

23 under this section, where applicable, shall involve the

24 joint effort of the institution of higher education’s

25 school or department of education, if any, and the
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1 schools or departments in the specific disciplines in

2 which such professional development will be provided.

3 ‘‘(b) ALLOWABLE ACTIVITIES.—A recipient of funds

4 under this section shall use such funds for—

5 ‘‘(1) sustained and intensive high-quality profes6 sional development for teams of teachers, or teachers,

7 pupil services personnel and administrators from in8 dividual schools or school districts;

9 ‘‘(2) preservice training activities; and

10 ‘‘(3) other sustained and intensive professional

11 development activities related to achievement of the

12 State plan for professional development.

13 ‘‘(c) PARTNERSHIPS.—Each institution of higher edu14 cation receiving a grant under this section may also enter

15 into a partnership with a private industry, museum, li16 brary, educational television station, or public or private

17 nonprofit organization of demonstrated experience to carry

18 out professional development activities assisted under this

19 section.

20 ‘‘SEC. 2131. CONSORTIUM REQUIREMENT.

21 ‘‘(a) IN GENERAL.—Any local educational agency re22 ceiving a grant under this part of less than $10,000 shall

23 form a consortium with another local educational agency

24 or an educational service agency serving another local edu-
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1 cational agency to be eligible to participate in programs

2 assisted under this part.

3 ‘‘(b) WAIVER.—The Chief State School Officer may

4 waive the requirements of subsection (a) if distances or

5 traveling time between schools make formation of the con6 sortium more costly or less effective.

7 ‘‘(c) SPECIAL RULE.—Each consortium shall rely, as

8 much as possible, on technology or other arrangements to

9 deliver staff development tailored to the needs of each school

10 or school district participating in a consortium described

11 in subsection (a).

12 ‘‘Subpart 3—Professional Development Demonstration

13 Project

14 ‘‘SEC. 2141. FINDINGS AND PURPOSE.

15 ‘‘(a) FINDINGS.—The Congress finds that—

16 ‘‘(1) underlying the standards-driven framework

17 of the Goals 2000: Educate America Act and the high

18 academic standards for eligible students under title I

19 is a widespread need to prepare teachers to teach to

20 higher standards;

21 ‘‘(2) prospective and current teachers need

22 knowledge and skills beyond what such teachers cur23 rently possess;

24 ‘‘(3) while both the Goals 2000: Educate America

25 Act and titles I and II have extensive references to
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1 professional development of teachers, there are no pro2 visions to incorporate ‘on-the-ground’ planning and

3 implementation to serve as models for local edu4 cational agencies across the Nation; and

5 ‘‘(4) better prepared teachers can lead to im6 proved student achievement, especially for students

7 who are furthest from reaching high standards.

8 ‘‘(b) PURPOSE.—It is the purpose of this subpart—

9 ‘‘(1) to address the need for professional develop10 ment with a primary focus on teachers;

11 ‘‘(2) to provide both prospective teachers and

12 current teachers opportunities to learn both the con13 tent and the pedagogy needed to teach to high stand14 ards; and

15 ‘‘(3) to build models, in a few cities and States,

16 that demonstrate new organizational arrangements

17 and deep investments in teachers necessary to better

18 prepare teachers for new standards and assessments.

19 ‘‘SEC. 2142. DEMONSTRATION PROGRAM AUTHORIZED.

20 ‘‘(a) GENERAL AUTHORITY.—

21 ‘‘(1) IN GENERAL.—The Secretary shall carry

22 out a demonstration project under which the Sec23 retary awards grants in accordance with this subpart

24 to eligible partnerships to enable such partnerships to
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1 plan and implement professional development pro2 grams.

3 ‘‘(2) PROGRAM REQUIREMENTS.—The programs

4 described in paragraph (1)—

5 ‘‘(A) shall focus on increasing teachers’

6 knowledge and understanding of content by pro7 viding teachers opportunities to improve their

8 knowledge and to improve their classroom prac9 tice in order to help students meet high academic

10 standards;

11 ‘‘(B) shall include teachers at all career

12 stages, from student teachers or interns through

13 senior team leaders or department chairs; and

14 ‘‘(C) may incorporate professional develop15 ment for principals, pupil services personnel,

16 aides, other school-based staff, and parents.

17 ‘‘(b) ELIGIBLE PARTNERSHIPS.—For the purpose of

18 this subpart the term ‘eligible partnership’ means a part19 nership consisting of—

20 ‘‘(1) a local educational agency, a subunit of

21 such agency, or a consortium of such agencies, in

22 which at least 50 percent of the schools served by such

23 agency, subunit, or consortium are eligible to partici24 pate in schoolwide programs under section 1114; or

25 ‘‘(2) other partners that—
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1 ‘‘(A) shall include, at a minimum, a teach2 ers’ union (if appropriate), one or more institu3 tions of higher education which may include fac4 ulty from schools of education and faculty from

5 schools of arts and sciences, and a local parent

6 or community council; and

7 ‘‘(B) may include a business partner or a

8 nonprofit organization with a demonstrated

9 record in staff development.

10 ‘‘SEC. 2143. GRANTS.

11 ‘‘(a) AUTHORITY.—

12 ‘‘(1) IN GENERAL.—The Secretary shall award

13 grants for planning, and grants for the implementa14 tion of, professional development programs under this

15 subpart.

16 ‘‘(2) DISTRIBUTION.—The Secretary shall award

17 not less than 75 percent of the funds available for

18 grants under this part to eligible partnerships serving

19 the schools with the greatest number of poor students.

20 To the extent possible, such grants shall be awarded

21 to eligible partnerships serving both rural and urban

22 school districts and in a manner that reflects geo23 graphic and racial diversity.

24 ‘‘(3) NUMBER OF GRANTS.—In the first year that

25 the Secretary awards grants under this subpart, the
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1 Secretary shall award at least twice as many plan2 ning grants as implementation grants in order to re3 ceive well-developed plans for long-term funding

4 under this subpart.

5 ‘‘(b) GRANT REQUIREMENTS.—

6 ‘‘(1) DURATION.—The Secretary shall award—

7 ‘‘(A) planning grants under this subpart for

8 a period of not less than 6 months and not more

9 than 9 months; and

10 ‘‘(B) implementation grants under this sub11 part for a period of four fiscal years.

12 ‘‘(2) AMOUNT.—The Secretary shall award

13 grants under this subpart in an amount determined

14 on the basis of the size of the program and the level

15 of investment the eligible partnership is making in

16 teacher development in the area served by the eligible

17 partnership, including local, State, and Federal funds

18 and existing higher education resources, except that

19 no grant under this subpart shall exceed $500,000 in

20 any one fiscal year.

21 ‘‘SEC. 2144. PLAN.

22 ‘‘Each eligible partnership desiring assistance under

23 this subpart shall develop a plan for the program to be as24 sisted under this subpart. Such plan shall—
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1 ‘‘(1) identify clearly how such plan will support

2 an overall systemic reform strategy giving special at3 tention to the role of teacher preparation for new

4 standards and assessment;

5 ‘‘(2) describe the eligible partnership’s instruc6 tional objectives and how the professional development

7 activities will support such objectives;

8 ‘‘(3) specify the organizational arrangements

9 and delivery strategies to be used, such as teacher cen10 ters, professional development schools, teacher net11 works, academic alliances, as well as the curriculum

12 for teachers;

13 ‘‘(4) specify the commitments the local edu14 cational agencies, teacher’s union, institutions of

15 higher education or any other entity participating in

16 such partnership are prepared to make, not only to

17 support program activities such as release time, con18 tractual flexibility, support for interns or student

19 teachers if applicable, but also to sustain the central

20 aspects of the plan after the expiration of the grant;

21 and

22 ‘‘(5) describe how the activities described under

23 this subpart will lead to districtwide policy and budg24 et changes.
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1 ‘‘SEC. 2145. TECHNICAL ASSISTANCE.

2 ‘‘The Secretary is authorized to enter into an arrange3 ment with an intermediary organization to enable such or4 ganization to provide technical assistance to eligible part5 nerships receiving assistance under this subpart.

6 ‘‘SEC. 2146. MATCHING FUNDS.

7 ‘‘The Secretary shall give special priority to awarding

8 grants under this subpart to eligible partnerships that dem9 onstrate such partnership’s ability to raise matching funds

10 from private sources.

11 ‘‘Subpart 4—General Provisions

12 ‘‘SEC. 2151. REPORTING AND ACCOUNTABILITY.

13 ‘‘(a) STATES.—Each State that receives funds under

14 this part shall submit a report to the Secretary every three

15 years, beginning with fiscal year 1997, on the State’s

16 progress toward the outcome performance indicators identi17 fied in such State’s State plan, as well as on the effective18 ness of State and local activities assisted under this part.

19 ‘‘(b) LOCAL EDUCATIONAL AGENCIES.—Each local

20 educational agency that receives funds under this part shall

21 submit a report to the State every three years, beginning

22 with fiscal year 1997, regarding the progress of such agency

23 toward outcome performance indicators identified in such

24 agency’s local plan, as well as on the effectiveness of such

25 agency’s activities under this part.
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1 ‘‘(c) FEDERAL EVALUATION.—The Secretary shall re2 port to the President and the Congress on the effectiveness

3 of programs and activities assisted under this part in ac4 cordance with section 10701.

5 ‘‘SEC. 2152. DEFINITIONS.

6 ‘‘As used in this part—

7 ‘‘(1) the term ‘core academic subjects’ means sub8 jects such as English, mathematics, science, foreign

9 languages, civics and government, economics, arts,

10 history, and geography;

11 ‘‘(2) the term ‘sustained and intensive high-qual12 ity professional development’ means professional de13 velopment activities that—

14 ‘‘(A) are tied to challenging State content

15 standards, challenging State student performance

16 standards, voluntary national content standards

17 or voluntary national student performance

18 standards;

19 ‘‘(B) reflect up-to-date research in teaching

20 and learning and include integrated content and

21 pedagogical components appropriate for students

22 with diverse learning needs;

23 ‘‘(C) are of sufficient intensity and dura24 tion to have a positive and lasting impact on the
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1 teacher’s performance in the classroom or the ad2 ministrator’s performance on the job; and

3 ‘‘(D) recognize teachers as an important

4 source of knowledge that should inform and help

5 shape professional development;

6 ‘‘(3) the term ‘outcome performance indicators’

7 means measures of specific outcomes that the State or

8 local educational agency identify as assessing progress

9 toward the goal of ensuring that all teachers have the

10 knowledge and skills necessary to assist their students

11 to meet challenging State content standards and chal12 lenging State student performance standards in the

13 core academic subjects, such as—

14 ‘‘(A) the degree to which licensure require15 ments are tied to challenging State content

16 standards and challenging State student per17 formance standards;

18 ‘‘(B) specific increases in the number of

19 teachers who are certified by the National Board

20 for Professional Teaching Standards or other na21 tionally recognized professional teacher enhance22 ment organizations;

23 ‘‘(C) pass rates on teacher examinations for

24 initial and continuing certification or licensure;
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1 ‘‘(D) specific increases in the number of ele2 mentary and secondary teachers with strong con3 tent backgrounds in the core academic subjects;

4 and

5 ‘‘(E) specific increases in the number of

6 teachers licensed in each core academic subject;

7 and

8 ‘‘(4) the term ‘prevention’, when used with re9 spect to strategies, includes activities conducted to—

10 ‘‘(A) detect and overcome early manifesta11 tions of learning, health and social, and behav12 ioral, problems that may impede later student

13 learning and school achievement;

14 ‘‘(B) prevent students from failing to

15 achieve commensurate with their abilities; and

16 ‘‘(C) alleviate the need, or increase the prob17 ability of appropriate referrals, for special edu18 cation services.

19 ‘‘PART B—NATIONAL WRITING PROJECT

20 ‘‘SEC. 2201. SHORT TITLE.

21 ‘‘This part may be cited as the ‘National Writing

22 Project Act’.

23 ‘‘SEC. 2202. FINDINGS.

24 ‘‘The Congress finds that—
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1 ‘‘(1) the United States faces a crisis in writing

2 in schools and in the workplace;

3 ‘‘(2) the writing problem has been magnified by

4 the rapidly changing student populations in the Na5 tion’s schools and the growing number of students

6 who are at risk because of limited English pro7 ficiency;

8 ‘‘(3) over the past 2 decades, universities and

9 colleges across the country have reported increasing

10 numbers of entering freshmen who are unable to write

11 at a level equal to the demands of college work;

12 ‘‘(4) American businesses and corporations are

13 concerned about the limited writing skills of entry14 level workers, and a growing number of executives are

15 reporting that advancement was denied to such execu16 tives due to inadequate writing abilities;

17 ‘‘(5) writing and reading are both fundamental

18 to learning, yet writing has been historically neglected

19 in the schools and colleges, and most teachers in the

20 United States elementary schools, secondary schools,

21 and colleges have not been trained to teach writing;

22 ‘‘(6) since 1973, the only national program to

23 address the writing problem in the Nation’s schools

24 has been the National Writing Project, a network of

25 collaborative university-school programs whose goal is
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1 to improve the quality of student writing and the

2 teaching of writing at all grade levels and to extend

3 the uses of writing as a learning process through all

4 disciplines;

5 ‘‘(7) the National Writing Project offers summer

6 and school year inservice teacher training programs

7 and a dissemination network to inform and teach

8 teachers of developments in the field of writing;

9 ‘‘(8) the National Writing Project is a nationally

10 recognized and honored nonprofit organization that

11 recognizes that there are teachers in every region of

12 the United States who have developed successful meth13 ods for teaching writing and that such teachers can

14 be trained and encouraged to train other teachers;

15 ‘‘(9) the National Writing Project has become a

16 model for programs to improve teaching in such other

17 fields as mathematics, science, history, literature, per18 forming arts, and foreign languages;

19 ‘‘(10) the National Writing Project teacher-teach20 ing-teachers program identifies and promotes what is

21 working in the classrooms of the Nation’s best teach22 ers;

23 ‘‘(11) the National Writing Project teacher-teach24 ing-teachers project is a positive program that cele25 brates good teaching practices and good teachers and
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1 through its work with schools increases the Nation’s

2 corps of successful classroom teachers;

3 ‘‘(12) evaluations of the National Writing

4 Project document the positive impact the project has

5 had on improving the teaching of writing, student

6 performance, and student thinking and learning abil7 ity;

8 ‘‘(13) the National Writing Project programs

9 offer career-long education to teachers, and teachers

10 participating in the National Writing Project receive

11 graduate academic credit;

12 ‘‘(14) each year over 100,000 teachers volun13 tarily seek training in National Writing Project in14 tensive summer institutes and workshops and school15 year inservice programs through one of the 154 re16 gional sites located in 45 States, the Commonwealth

17 of Puerto Rico, and in four sites that serve United

18 States teachers teaching in United States dependent

19 and independent schools;

20 ‘‘(15) 250 National Writing Project sites are

21 needed to establish regional sites to serve all teachers;

22 ‘‘(16) private foundation resources, although gen23 erous in the past, are inadequate to fund all of the

24 National Writing Project sites needed and the future
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1 of the program is in jeopardy without secure finan2 cial support;

3 ‘‘(17) independent evaluation studies have found

4 the National Writing Project to be highly cost-effective

5 compared to other professional development programs

6 for teachers; and

7 ‘‘(18) during 1991, the first year of Federal sup8 port for the National Writing Project, the National

9 Writing Project matched the $1,951,975 in Federal

10 support with $9,485,504 in matching funds from

11 State, local, and other sources.

12 ‘‘SEC. 2203. NATIONAL WRITING PROJECT.

13 ‘‘(a) AUTHORIZATION.—The Secretary is authorized to

14 make a grant to the National Writing Project (hereafter in

15 this section referred to as the ‘grantee’), a nonprofit edu16 cational organization which has as its primary purpose the

17 improvement of the quality of student writing and learning,

18 and the teaching of writing as a learning process in the

19 Nation’s classrooms—

20 ‘‘(1) to support and promote the establishment of

21 teacher training programs, including the dissemina22 tion of effective practices and research findings re23 garding the teaching of writing and administrative

24 activities;
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1 ‘‘(2) to support classroom research on effective

2 teaching practice and to document student perform3 ance;

4 ‘‘(3) to coordinate activities assisted under this

5 section with activities assisted under part A; and

6 ‘‘(4) to pay the Federal share of the cost of such

7 programs.

8 ‘‘(b) REQUIREMENTS OF GRANT.—The grant shall pro9 vide that—

10 ‘‘(1) the grantee will enter into contracts with

11 institutions of higher education or other nonprofit

12 educational providers (hereafter in this section re13 ferred to as ‘contractors’) under which the contractors

14 will agree to establish, operate, and provide the non15 Federal share of the cost of teacher training programs

16 in effective approaches and processes for the teaching

17 of writing;

18 ‘‘(2) funds made available by the Secretary to

19 the grantee pursuant to any contract entered into

20 under this section will be used to pay the Federal

21 share of the cost of establishing and operating teacher

22 training programs as provided in paragraph (1); and

23 ‘‘(3) the grantee will meet such other conditions

24 and standards as the Secretary determines to be nec25 essary to assure compliance with the provisions of
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1 this section and will provide such technical assistance

2 as may be necessary to carry out the provisions of

3 this section.

4 ‘‘(c) TEACHER TRAINING PROGRAMS.—The teacher

5 training programs authorized in subsection (a) shall—

6 ‘‘(1) be conducted during the school year and

7 during the summer months;

8 ‘‘(2) train teachers who teach grades kinder9 garten through college;

10 ‘‘(3) select teachers to become members of a Na11 tional Writing Project teacher network whose mem12 bers will conduct writing workshops for other teachers

13 in the area served by each National Writing Project

14 site; and

15 ‘‘(4) encourage teachers from all disciplines to

16 participate in such teacher training programs.

17 ‘‘(d) FEDERAL SHARE.—

18 ‘‘(1) IN GENERAL.—Except as provided in para19 graph (2) or (3) and for purposes of subsection (a),

20 the term ‘Federal share’ means, with respect to the

21 costs of teacher training programs authorized in sub22 section (a), 50 percent of such costs to the contractor.

23 ‘‘(2) WAIVER.—The Secretary may waive the

24 provisions of paragraph (1) on a case-by-case basis if

25 the National Advisory Board described in subsection
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1 (f) determines, on the basis of financial need, that

2 such waiver is necessary.

3 ‘‘(3) MAXIMUM.—The Federal share of the costs

4 of teacher training programs conducted pursuant to

5 subsection (a) may not exceed $40,000 for any one

6 contractor, or $200,000 for a statewide program ad7 ministered by any one contractor in at least five sites

8 throughout the State.

9 ‘‘(e) CLASSROOM TEACHER GRANTS.—

10 ‘‘(1) IN GENERAL.—The National Writing

11 Project may reserve an amount not to exceed 5 per12 cent of the amount appropriated pursuant to the au13 thority of this section to make grants, on a competi14 tive basis, to elementary and secondary school teach15 ers to enable such teachers to—

16 ‘‘(A) conduct classroom research;

17 ‘‘(B) publish models of student writing;

18 ‘‘(C) conduct research regarding effective

19 practices to improve the teaching of writing; and

20 ‘‘(D) conduct other activities to improve the

21 teaching and uses of writing.

22 ‘‘(2) SUPPLEMENT AND NOT SUPPLANT.—Grants

23 awarded pursuant to paragraph (1) shall be used to

24 supplement and not supplant State and local funds

25 available for the purposes set forth in paragraph (1).
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1 ‘‘(3) MAXIMUM GRANT AMOUNT.—Each grant

2 awarded pursuant to this subsection shall not exceed

3 $2,000.

4 ‘‘(f) NATIONAL ADVISORY BOARD.—

5 ‘‘(1) ESTABLISHMENT.—The National Writing

6 Project shall establish and operate a National Advi7 sory Board.

8 ‘‘(2) COMPOSITION.—The National Advisory

9 Board established pursuant to paragraph (1) shall

10 consist of—

11 ‘‘(A) national educational leaders;

12 ‘‘(B) leaders in the field of writing; and

13 ‘‘(C) such other individuals as the National

14 Writing Project deems necessary.

15 ‘‘(3) DUTIES.—The National Advisory Board es16 tablished pursuant to paragraph (1) shall—

17 ‘‘(A) advise the National Writing Project on

18 national issues related to student writing and

19 the teaching of writing;

20 ‘‘(B) review the activities and programs of

21 the National Writing Project; and

22 ‘‘(C) support the continued development of

23 the National Writing Project.

24 ‘‘(g) EVALUATION.—The Secretary shall conduct an

25 independent evaluation by grant or contract of the teacher
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1 training programs administered pursuant to this Act in ac2 cordance with section 10701. Such evaluation shall specify

3 the amount of funds expended by the National Writing

4 Project and each contractor receiving assistance under this

5 section for administrative costs. The results of such evalua6 tion shall be made available to the appropriate committees

7 of the Congress.

8 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There

9 are authorized to be appropriated for the grant to the Na10 tional Writing Project, $4,000,000 for fiscal year 1995, and

11 such sums as may be necessary for each of the 4 succeeding

12 fiscal years, to carry out the provisions of this section.

13 ‘‘PART C—SUPPORT AND ASSISTANCE FOR ESEA

14 PROGRAMS

15 ‘‘Subpart 1—Comprehensive Regional Centers

16 ‘‘SEC. 2301. FINDINGS.

17 ‘‘The Congress finds that—

18 ‘‘(1) high-quality technical assistance can en19 hance the improvements in teaching and learning

20 achieved through the implementation of programs as21 sisted under this Act;

22 ‘‘(2) comprehensive technical assistance is an es23 sential ingredient of the overall strategy of the Im24 proving America’s Schools Act of 1994 to improve

25 programs and to provide all children opportunities to
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1 meet challenging State content standards and chal2 lenging State student performance standards;

3 ‘‘(3) States, local educational agencies, and

4 schools serving students with special needs, such as

5 students with limited-English proficiency and stu6 dents with disabilities, have great need for com7 prehensive technical assistance in order to use funds

8 under this Act to provide such students with opportu9 nities to learn to challenging State content standards

10 and challenging State student performance standards;

11 ‘‘(4) current technical assistance efforts are frag12 mented and categorical in nature, and thus fail to ad13 dress adequately the needs of States and local edu14 cational agencies for help in integrating into a coher15 ent strategy for improving teaching and learning the

16 various programs under this Act with State and local

17 programs and other education reform efforts;

18 ‘‘(5) too little creative use is made of technology

19 as a means of providing information and assistance

20 in a cost-effective way;

21 ‘‘(6) comprehensive technical assistance can help

22 schools and school systems focus on improving oppor23 tunities for all children to meet challenging State con24 tent standards and challenging State student perform-
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1 ance standards, as such schools and systems imple2 ment programs under this Act;

3 ‘‘(7) comprehensive technical assistance will pro4 vide one-stop shopping to help States, local edu5 cational agencies, participating colleges and univer6 sities, and schools integrate Federal, State, local edu7 cation and pupil services programs in ways that con8 tribute to improving schools and entire school sys9 tems; and

10 ‘‘(8) technical assistance in support of programs

11 assisted under this Act should be coordinated with the

12 Department’s regional offices, the regional educational

13 laboratories, and other technical assistance efforts

14 supported by the Department.

15 ‘‘SEC. 2302. PURPOSE.

16 ‘‘The purpose of this part is to make available to

17 States, local educational agencies, schools, and other recipi18 ents of funds under this Act technical assistance in—

19 ‘‘(1) administering and implementing programs

20 authorized by this Act;

21 ‘‘(2) implementing school reform programs; and

22 ‘‘(3) coordinating such programs with other Fed23 eral, State, and local education activities, so that all

24 students are provided opportunities to meet challeng-
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1 ing State content standards and challenging State

2 student performance standards.

3 ‘‘SEC. 2303. PROGRAM AUTHORIZED.

4 ‘‘(a) COMPREHENSIVE REGIONAL CENTERS.—Not5 withstanding section 6205, the Secretary is authorized to

6 establish one center in each of the Department’s ten regions,

7 and one center at the Pacific Regional Education Labora8 tory in Honolulu, Hawaii, and may establish field offices

9 for each such center, in order to provide comprehensive tech10 nical assistance to States, local educational agencies,

11 schools, and other recipients of funds under this Act in the

12 administration and implementation of programs author13 ized by this Act. In allocating resources among the centers,

14 the Secretary shall consider the geographic distribution of

15 students with special needs.

16 ‘‘(b) TECHNOLOGY-BASED TECHNICAL ASSISTANCE.—

17 The Secretary is authorized to provide a technology-based

18 technical assistance service that will—

19 ‘‘(1) support the administration and implemen20 tation of programs authorized by this Act by provid21 ing information, including legal and regulatory infor22 mation, and technical guidance and information

23 about best practices; and
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1 ‘‘(2) be accessible to all States, local educational

2 agencies, schools, community-based organizations, and

3 others who are recipients of funds under this Act.

4 ‘‘SEC. 2304. ELIGIBLE ENTITIES.

5 ‘‘The Secretary may carry out this part directly or

6 through grants to, or contracts or cooperative agreements

7 with, public or private agencies or organizations or consor8 tia of such agencies and organizations.

9 ‘‘SEC. 2305. COMPREHENSIVE REGIONAL CENTERS.

10 ‘‘Each comprehensive regional center established under

11 section 2303(a) shall—

12 ‘‘(1) maintain staff expertise in at least all of the

13 following areas:

14 ‘‘(A) instruction, curriculum improvement,

15 school reform, pupil services, and other aspects of

16 title I;

17 ‘‘(B) meeting the needs of children served

18 under this Act, including children in high-pov19 erty areas, migratory children, children with

20 limited-English proficiency, neglected or delin21 quent children, homeless children and youth, In22 dian children, and children with disabilities;

23 ‘‘(C) professional development for teachers,

24 pupil services personnel, other school staff, and

25 administrators to help students meet challenging
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1 State content standards and challenging State

2 student performance standards;

3 ‘‘(D) bilingual education, including pro4 grams that emphasize English and native lan5 guage proficiency, and promote multicultural

6 understanding;

7 ‘‘(E) safe and drug-free schools;

8 ‘‘(F) educational applications of technology;

9 ‘‘(G) parent involvement and participation;

10 ‘‘(H) the reform of schools and school sys11 tems;

12 ‘‘(I) the special needs of students living in

13 rural areas and the special needs of local edu14 cational agencies serving rural areas; and

15 ‘‘(J) program evaluation;

16 ‘‘(2) ensure that technical assistance staff have

17 sufficient training, knowledge, and expertise in how

18 to integrate and coordinate programs assisted under

19 this Act, as well as integrating and coordinating pro20 grams assisted under this Act with other Federal,

21 State, and local programs and reforms;

22 ‘‘(3) work collaboratively with the Department’s

23 regional offices;

24 ‘‘(4) provide technical assistance using the high25 est quality and most cost-effective strategies possible;
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1 ‘‘(5) provide information and assistance regard2 ing exemplary and promising practices;

3 ‘‘(6) work collaboratively, and coordinate the

4 services such center provides, with the general reform

5 assistance provided by the regional educational lab6 oratories and the National Diffusion Network State

7 Facilitators supported by the Office of Educational

8 Research and Improvement; and

9 ‘‘(7) consult with representatives of State edu10 cational agencies, local educational agencies, and

11 populations served under this Act.

12 ‘‘SEC. 2306. INFORMATION COLLECTION AND EVALUATION.

13 ‘‘The Secretary shall evaluate activities assisted under

14 this part, and shall report to the President and the Congress

15 on the effectiveness of such activities by January 1, 1998.

16 ‘‘SEC. 2307. TRANSITION.

17 ‘‘(a) IN GENERAL.—The Secretary shall use funds ap18 propriated to carry out this part for at least fiscal years

19 1995 and 1996 in order to ensure an orderly transition and

20 phase-in of the comprehensive regional centers assisted

21 under this subpart.

22 ‘‘(b) EXTENSION OF PREVIOUS CENTERS.—In accord23 ance with subsection (a), and notwithstanding any other

24 provisions of law, the Secretary shall use funds appro25 priated to carry out this part to draw on the expertise of
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1 staff and services from existing categorical assistance cen2 ters assisted under this Act (as such Act was in existence

3 on the day preceding the date of enactment of the Improving

4 America’s Schools Act of 1994) and, where appropriate and

5 feasible, to continue to support, through grants or the exten6 sion of awards, such centers in order to ensure that services

7 will not be interrupted, curtailed, or substantially dimin8 ished.

9 ‘‘SEC. 2308. AUTHORIZATION OF APPROPRIATIONS.

10 ‘‘For the purpose of carrying out this subpart, there

11 are authorized to be appropriated $70,000,000 for fiscal

12 year 1995 and such sums as may be necessary for each of

13 the 4 succeeding fiscal years.

14 ‘‘Subpart 2—National Diffusion Network

15 ‘‘SEC. 2311. PROGRAM AUTHORIZED.

16 ‘‘(a) IN GENERAL.—In order to increase the effective17 ness of the comprehensive regional centers established under

18 subpart 1 and to promote school reform, the Secretary shall

19 carry out a State-based outreach, consultation, and dissemi20 nation program through the National Diffusion Network

21 and its State Facilitators. To carry out such program, the

22 Secretary shall make one or more awards in each State to

23 public educational agencies or public or private nonprofit

24 educational organizations or institutions to assist State

25 and local educational agencies, schools, and other appro-
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1 priate educational entities in that State to identify and im2 plement exemplary or promising educational programs and

3 practices.

4 ‘‘(b) STATE FACILITATOR ACTIVITIES.—The National

5 Diffusion Network State Facilitators for each State shall—

6 ‘‘(1) identify educational programs and practices

7 for possible dissemination throughout the State and

8 Nation;

9 ‘‘(2) identify needs for assistance throughout the

10 State, including educational technology needs;

11 ‘‘(3) provide professional development and tech12 nical assistance services;

13 ‘‘(4) promote and facilitate teacher networks

14 throughout the State; and

15 ‘‘(5) provide such other outreach, coordination,

16 and dissemination services as may be necessary to

17 achieve the purposes of this subpart.

18 ‘‘(c) COORDINATION AND ADMINISTRATION.—

19 ‘‘(1) COORDINATION.—The National Diffusion

20 Network State Facilitators shall work in close co21 operation, and coordinate their activities, with the

22 comprehensive regional centers established under sub23 part 1.

24 ‘‘(2) ADMINISTRATION.—The National Diffusion

25 Network State Facilitators program shall be adminis-
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1 tered by the Office of Reform Assistance and Dissemi2 nation established under section 941(b) of the Edu3 cational Research, Development, Dissemination, and

4 Improvement Act of 1994.

5 ‘‘(d) NATIONAL DIFFUSION NETWORK EFFECTIVE

6 PROGRAMS AND PROMISING PRACTICES SYSTEM.—The Sec7 retary shall develop a system of validating effective pro8 grams and promising practices for dissemination through

9 the National Diffusion Network. Such system may include

10 exemplary programs funded through any office of the De11 partment, the National Science Foundation, or other Fed12 eral agencies. Such system shall be coordinated, aligned

13 with, and administered by the Office of Reform Assistance

14 and Dissemination established under section 941(b) of the

15 Educational Research, Development, Dissemination, and

16 Improvement Act of 1994. The Secretary shall give priority

17 to identifying, validating, and disseminating effective

18 schoolwide projects, programs addressing the needs of high

19 poverty schools, and programs with the capacity to offer

20 high-quality, sustained technical assistance. The Office of

21 Educational Research and Improvement Office of Reform

22 Assistance and Dissemination shall also administer a grant

23 program for the purpose of dissemination and the provision

24 of technical assistance regarding such system.
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1 ‘‘SEC. 2312. AUTHORIZATION OF APPROPRIATIONS.

2 ‘‘For the purpose of carrying out this subpart, there

3 are authorized to be appropriated $25,000,000 for fiscal

4 year 1995 and such sums as may be necessary for each of

5 the 4 succeeding fiscal years.

6 ‘‘Subpart 3—Eisenhower Regional Mathematics and

7 Science Education Consortiums

8 ‘‘SEC. 2321. PROGRAM ESTABLISHED.

9 ‘‘(a) IN GENERAL.—

10 ‘‘(1) GRANTS AUTHORIZED.—The Secretary, in

11 consultation with the Director of the National Science

12 Foundation, is authorized to award grants or con13 tracts to eligible entities to enable such entities to es14 tablish and operate regional mathematics and science

15 education consortia for the purpose of—

16 ‘‘(A) disseminating exemplary mathematics

17 and science education instructional materials;

18 and

19 ‘‘(B) providing technical assistance for the

20 implementation of teaching methods and assess21 ment tools for use by elementary and secondary

22 school students, teachers and administrators.

23 ‘‘(2) NUMBER.—The Secretary shall, in accord24 ance with the provisions of this section, award at

25 least 1 grant or contract to an eligible entity in each

26 region.
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1 ‘‘(3) SPECIAL RULE.—In any fiscal year, if the

2 amount made available pursuant to section 2328 is

3 less than $4,500,000, then the Secretary may waive

4 the provisions of paragraph (2) and award grants or

5 contracts of sufficient size, scope and quality to carry

6 out this section.

7 ‘‘(4) DESIGNATION.—Each regional consortium

8 assisted under this section shall be known as an ‘Ei9 senhower regional consortium’.

10 ‘‘(b) GRANT TERM AND REVIEW.—Grants or contracts

11 under this subpart shall be awarded for a period of not

12 more than 5 years and shall be reviewed before the end of

13 the 30-month period beginning on the date the grant or con14 tract is awarded. Grants or contracts under this subpart

15 shall be awarded before the end of the 12-month period be16 ginning on the date of the enactment of an Act making ap17 propriations to carry out the provisions of this subpart.

18 ‘‘(c) AMOUNT.—In awarding grants or contracts under

19 this subpart, the Secretary shall assure that there is a rel20 atively equal distribution of the funds made available

21 among the regions, but the Secretary may award additional

22 funds to a regional consortium on the basis of population

23 and geographical conditions of the region being served.
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1 ‘‘SEC. 2322. USE OF FUNDS.

2 ‘‘Funds provided under this subpart may be used by

3 a regional consortium, under the direction of a regional

4 board established pursuant to section 2324, to—

5 ‘‘(1) work cooperatively with the other regional

6 consortiums and the Eisenhower National Clearing7 house for Science and Mathematics Education estab8 lished under section 2123 to more effectively accom9 plish the activities described in this section;

10 ‘‘(2) assist, train and provide technical assist11 ance to classroom teachers, administrators, and other

12 educators to identify, implement, assess or adapt the

13 instructional materials, teaching methods and assess14 ment tools described in paragraph (1);

15 ‘‘(3) provide for the training of classroom teach16 ers to enable such teachers to instruct other teachers,

17 administrators, and educators in the use of the in18 structional materials, teaching methods and assess19 ment tools described in paragraph (1) in the class20 room;

21 ‘‘(4) when necessary, provide financial assistance

22 to enable teachers and other educators to attend and

23 participate in the activities of the regional consor24 tium;

25 ‘‘(5) implement programs and activities designed

26 to meet the needs of groups that are underrepresented
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1 in, and underserved by, mathematics and science edu2 cation;

3 ‘‘(6) assist State and local educational agencies

4 in identifying science equipment needs and help such

5 agencies or consortia thereof assess the need for and

6 desirability of regional mathematics and science

7 academies;

8 ‘‘(7) develop and disseminate early childhood

9 education mathematics and science instructional ma10 terials;

11 ‘‘(8) disseminate information regarding informal

12 mathematics and science education activities and pro13 grams offered by Federal agencies and private or pub14 lic agencies and institutions within the region;

15 ‘‘(9) collect data on activities assisted under this

16 subpart in order to evaluate the effectiveness of the ac17 tivities of the regional consortiums;

18 ‘‘(10) identify exemplary teaching practices and

19 materials from within the region and communicate

20 such practices and materials to the Eisenhower Na21 tional Clearinghouse for Mathematics and Science

22 Education;

23 ‘‘(11) communicate, on a regular basis, with en24 tities within the region who are delivering services to

25 students and teachers of mathematics and science;
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1 ‘‘(12) assist in the development and evaluation of

2 State and regional plans and activities that hold

3 promise of bringing about systemic reform in student

4 performance in mathematics and science; and

5 ‘‘(13) increase the use of informal education enti6 ties (such as science technology centers, museums, li7 braries, Saturday academies, and 4H programs) for

8 educational purposes to expand student knowledge

9 and understanding.

10 ‘‘SEC. 2323. APPLICATION AND REVIEW.

11 ‘‘(a) IN GENERAL.—Each eligible entity desiring a

12 grant or contract under this subpart shall submit an appli13 cation to the Secretary at such time, in such manner, and

14 accompanied by such additional information as the Sec15 retary may reasonably require. Each such application

16 shall—

17 ‘‘(1) demonstrate that the eligible entity has

18 demonstrated expertise in the fields of mathematics

19 and science education;

20 ‘‘(2) demonstrate that the eligible entity shall

21 implement and disseminate mathematics and science

22 education instructional materials, teaching methods,

23 and assessment tools through a consortium of the re24 gion’s mathematics and science education organiza25 tions and agencies;
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1 ‘‘(3) demonstrate that the eligible entity shall

2 carry out the functions of the regional consortium;

3 ‘‘(4) demonstrate that emphasis will be given to

4 programs and activities designed to meet the needs of

5 groups that are underrepresented in, and underserved

6 by, mathematics and science education;

7 ‘‘(5) demonstrate that the business community in

8 the region served by the regional consortium will play

9 an integral role in designing and supporting the re10 gional consortium’s work;

11 ‘‘(6) demonstrate that the eligible entity will con12 sider the resources of existing Star Schools consortia

13 established pursuant to the Star Schools Program As14 sistance Act in carrying out the provisions of this

15 subpart, where appropriate; and

16 ‘‘(7) assure that the entity will conduct its ac17 tivities and supervise its personnel in a manner that

18 effectively ensures compliance with the copyright laws

19 of the United States under title 17, United States

20 Code.

21 ‘‘(b) APPROVAL OF APPLICATION.—

22 ‘‘(1) IN GENERAL.—The Secretary shall approve

23 or disapprove applications submitted pursuant to

24 subsection (a) in accordance with the criteria and

25 procedures established under paragraph (2).
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1 ‘‘(2) PROCEDURES AND CRITERIA.—The Sec2 retary shall develop procedures and criteria designed

3 to ensure that grants or contracts are awarded on the

4 basis of merit as determined by the competitive peer

5 review process described in paragraph (3).

6 ‘‘(3) NATIONAL PANEL.—(A) The Secretary, in

7 consultation with the Director, shall establish a na8 tional panel, or to the extent necessary, panels, to

9 submit to the Secretary recommendations for awards

10 of grants or contracts under this subpart. The Sec11 retary shall appoint the members of such panel or

12 panels.

13 ‘‘(B) Each panel appointed under subparagraph

14 (A) shall include participation, to the extent feasible,

15 from each region.

16 ‘‘SEC. 2324. REGIONAL BOARDS.

17 ‘‘(a) IN GENERAL.—Each eligible entity receiving a

18 grant or contract under this subpart shall establish a re19 gional board to oversee the administration and establish20 ment of program priorities for the regional consortium es21 tablished by such eligible entity. Such regional board shall

22 be broadly representative of the agencies and organizations

23 participating in the regional consortium.

24 ‘‘(b) PROHIBITION ON USE OF FEDERAL FUNDS.—No

25 Federal funds may be used for the establishment or oper-
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1 ation of a regional board required by subsection (a), except

2 that at the discretion of a regional board, Federal funds

3 may be used to provide assistance such as travel and accom4 modations for board members who could not otherwise af5 ford to participate as members of the board.

6 ‘‘SEC. 2325. PAYMENTS; FEDERAL SHARE; NON-FEDERAL

7 SHARE.

8 ‘‘(a) PAYMENTS.—The Secretary shall pay to each eli9 gible entity having an application approved under section

10 2323 the Federal share of the cost of the activities described

11 in the application.

12 ‘‘(b) FEDERAL SHARE.—For the purpose of subsection

13 (a), the Federal share shall be 80 percent.

14 ‘‘(c) NON-FEDERAL SHARE.—The non-Federal share of

15 the cost of activities described in the application submitted

16 pursuant to this section may be in cash or in kind, fairly

17 evaluated. At least 10 percent of such non-Federal share

18 shall be from sources other than the Federal Government

19 or State or local government.

20 ‘‘SEC. 2326. EVALUATION.

21 ‘‘(a) EVALUATION REQUIRED.—The Secretary,

22 through the Office of Educational Research and Improve23 ment and in accordance with section 10701, shall collect

24 sufficient data on, and evaluate the effectiveness of, the ac25 tivities of each regional consortium.
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1 ‘‘(b) ASSESSMENT.—The evaluations described in

2 paragraph (1) shall include an assessment of the effective3 ness of the regional consortium in meeting the needs of the

4 schools, teachers, administrators and students in the region.

5 ‘‘(c) REPORT.—At the end of each grant or contract

6 period, the Secretary shall submit to the Congress a report

7 on the effectiveness of the programs conducted at each re8 gional consortium.

9 ‘‘SEC. 2327. DEFINITIONS.

10 ‘‘For purposes of this subpart:

11 ‘‘(1) The term ‘eligible entity’ means—

12 ‘‘(A) a private nonprofit organization of

13 demonstrated effectiveness;

14 ‘‘(B) an institution of higher education;

15 ‘‘(C) an elementary or secondary school;

16 ‘‘(D) a State or local educational agency;

17 ‘‘(E) a regional educational laboratory in

18 consortium with the research and development

19 center established under section 931(c)(1)(B)(i)

20 of the Educational Research, Development, Dis21 semination, and Improvement Act of 1994; or

22 ‘‘(F) any combination of the entities de23 scribed in subparagraphs (A) through (E),

24 with demonstrated expertise in mathematics and

25 science education.
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1 ‘‘(2) The terms ‘mathematics’ and ‘science’ in2 clude the technology education associated with such

3 mathematics and science, respectively.

4 ‘‘(3) The term ‘region’ means a region of the

5 United States served by a regional education labora6 tory that is supported by the Secretary pursuant to

7 section 405(d)(4)(A)(i) of the General Education Pro8 visions Act (as such section was in existence on the

9 day preceding the date of enactment of the Goals

10 2000: Educate America Act.

11 ‘‘(4) The term ‘regional consortium’ means each

12 regional mathematics and science education consor13 tium established pursuant to section 2311.

14 ‘‘(5) The term ‘State agency for higher edu15 cation’ means the State board of higher education or

16 other agency or officer primarily responsible for the

17 State supervision of higher education, or, if there is

18 no such officer or agency, an officer or agency des19 ignated for the purpose of this title by the Governor

20 or by State law.

21 ‘‘SEC. 2328. AUTHORIZATION OF APPROPRIATIONS.

22 ‘‘There are authorized to be appropriated $23,000,000

23 for fiscal year 1995, and such sums as may be necessary

24 for each of the 4 succeeding fiscal years, to carry out this

25 subpart.
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1 ‘‘PART D—TERRITORIAL TEACHER TRAINING

2 PROGRAM

3 ‘‘SEC. 2401. TERRITORIAL TEACHER TRAINING PROGRAM.

4 ‘‘There are authorized to be appropriated $2,000,000

5 for fiscal year 1995, and such sums as may be necessary

6 for each of the 4 succeeding fiscal years, for the purpose

7 of assisting teacher training programs in Guam, American

8 Samoa, the Virgin Islands, the Commonwealth of the North9 ern Mariana Islands, the Republic of the Marshall Islands,

10 the Federated States of Micronesia, and Palau. From the

11 sums appropriated pursuant to this section the Secretary

12 shall make grants and enter into contracts for the purpose

13 of providing training to teachers in schools in Guam, Amer14 ican Samoa, the Virgin Islands, the Commonwealth of the

15 Northern Mariana Islands, the Republic of the Marshall Is16 lands, the Federated States of Micronesia, and Palau. The

17 Secretary may make grants to or contracts with any orga18 nization considered qualified to provide training for teach19 ers in such schools and shall allot such sums among such

20 territories on the basis of the need for such training.

21 ‘‘PART E—TELECOMMUNICATIONS

22 DEMONSTRATION PROJECT FOR MATHEMATICS

23 ‘‘SEC. 2501. PROJECT AUTHORIZED.

24 ‘‘The Secretary is authorized to make grants to a non25 profit telecommunications entity, or partnership of such en26 tities, for the purpose of carrying out a national tele-
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1 communications-based demonstration project to improve the

2 teaching of mathematics. The demonstration project author3 ized by this part shall be designed to assist elementary and

4 secondary school teachers in preparing all students for

5 achieving State content standards.

6 ‘‘SEC. 2502. APPLICATION REQUIRED.

7 ‘‘(a) IN GENERAL.—Each nonprofit telecommuni8 cations entity, or partnership of such entities, desiring a

9 grant under this part shall submit an application to the

10 Secretary. Each such application shall—

11 ‘‘(1) demonstrate that the applicant will use the

12 existing publicly funded telecommunications infra13 structure to deliver video, voice and data in an inte14 grated service to train teachers in the use of new

15 standards-based curricula materials and learning

16 technologies;

17 ‘‘(2) assure that the project for which assistance

18 is sought will be conducted in cooperation with ap19 propriate State educational agencies, local edu20 cational agencies, State or local nonprofit public tele21 communications entities, and a national mathematics

22 education professional association that has developed

23 content standards;

24 ‘‘(3) assure that a significant portion of the ben25 efits available for elementary and secondary schools
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1 from the project for which assistance is sought will be

2 available to schools of local educational agencies

3 which have a high percentage of children counted for

4 the purpose of part A of title I; and

5 ‘‘(4) contain such additional assurances as the

6 Secretary may reasonably require.

7 ‘‘(b) APPROVAL OF APPLICATIONS; NUMBER OF DEM8 ONSTRATION SITES.—In approving applications under this

9 section, the Secretary shall assure that the demonstration

10 project authorized by this subpart is conducted at elemen11 tary and secondary school sites in at least 15 States.

12 ‘‘SEC. 2503. AUTHORIZATION OF APPROPRIATIONS.

13 ‘‘There are authorized to be appropriated to carry out

14 this part, $5,000,000 for the fiscal year 1995, and such

15 sums as may be necessary for each of the 4 succeeding fiscal

16 years.

17 ‘‘TITLE III—TECHNOLOGY FOR

18 EDUCATION

19 ‘‘SEC. 3001. SHORT TITLE.

20 ‘‘This title may be cited as the ‘Technology for Edu21 cation Act of 1994’.

22 ‘‘PART A—TECHNOLOGY FOR EDUCATION FOR

23 ALL STUDENTS

24 ‘‘SEC. 3111. FINDINGS.

25 ‘‘The Congress finds that—
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1 ‘‘(1) technology applications can help propel our

2 Nation’s school systems into very immediate and dra3 matic reform, without which our Nation will not meet

4 the National Education Goals by the target year

5 2000;

6 ‘‘(2) creative uses of technology can reshape our

7 Nation’s outdated method of providing education and

8 empower teachers to create an environment where stu9 dents can be challenged through rigorous, rich class10 room instruction at a pace that suits the learning

11 style of each student;

12 ‘‘(3) the acquisition and use of technology in

13 education throughout the United States has been in14 hibited by—

15 ‘‘(A) the limited exposure of students and

16 teachers to the power of technology as a cost-ef17 fective tool to improve student learning and

18 achievement;

19 ‘‘(B) the inability of many State and local

20 educational agencies to invest in and support

21 needed technologies;

22 ‘‘(C) the lack of appropriate electrical and

23 telephone connections in the classroom; and

24 ‘‘(D) the limited availability of technology25 enhanced curriculum, professional development
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1 and administrative support resources and serv2 ices in the educational marketplace;

3 ‘‘(4) advancements in technology offer new op4 portunities to promote partnerships among teachers,

5 administrators, students, parents, communities, and

6 industry in the quest for knowledge and the process

7 of learning;

8 ‘‘(5) technology, when used as an essential tool

9 in the learning process, will help cultivate and main10 tain a technologically literate citizenry and inter11 nationally competitive work force;

12 ‘‘(6) the Department of Education, consistent

13 with the overall national technology policy established

14 by the President, must assume a vital leadership and

15 coordinating role in developing the national vision

16 and strategy to infuse advanced technology through17 out all educational programs;

18 ‘‘(7) Federal support can ease the burden at the

19 State and local levels by enabling the acquisition of

20 advanced technology and initiating the development

21 of teacher training and support as well as new edu22 cational products;

23 ‘‘(8) leadership at the Federal level should con24 sider guidelines to ensure that educational technology
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1 is accessible to all users with maximum interoper2 ability nationwide;

3 ‘‘(9) policies at the Federal, State, and local lev4 els concerning technology in education must address

5 disparities in the availability of technology to dif6 ferent groups of students and make it a priority to

7 serve those students in greatest need;

8 ‘‘(10) continuing professional development for

9 teachers and administrators requires ongoing expo10 sure to advancements in technology in order to keep

11 such teachers and administrators excited and knowl12 edgeable about the unfolding opportunities for the

13 classroom; and

14 ‘‘(11) the increasing use of new technologies and

15 telecommunications systems in business has increased

16 the gap between schooling and work force preparation,

17 and underscores the need for technology policies at the

18 Federal, State, tribal, and local levels that address

19 preparation for school-to-work transitions.

20 ‘‘SEC. 3112. STATEMENT OF PURPOSE.

21 ‘‘It is the purpose of this part—

22 ‘‘(1) to promote equal access for all students to

23 educational opportunities through advances in tech24 nology, including the information infrastructure, in
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1 order to achieve the National Education Goals by the

2 year 2000;

3 ‘‘(2) to provide funding that will assist activities

4 undertaken by the State and local school districts to

5 promote and provide equipment, teacher training,

6 and technical support;

7 ‘‘(3) to support technical assistance, professional

8 development, information and resource dissemination,

9 in order to help States, local school districts, and

10 teachers successfully integrate technology into kinder11 garten through 12th grade classrooms;

12 ‘‘(4) to support the development of educational

13 and instructional programming in core subject areas,

14 which programming shall address the National Edu15 cation Goals;

16 ‘‘(5) to offer opportunities for creative partner17 ships within the marketplace in order to develop

18 state-of-the-art educational technology products that

19 promote the use of advanced technologies in the class20 room;

21 ‘‘(6) to avoid duplication and the development of

22 incompatible systems by strengthening and building

23 upon existing telecommunications infrastructures

24 dedicated to educational purposes; and
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1 ‘‘(7) to ensure that uses of educational technology

2 are consistent with the overall national technology

3 policy established by the President.

4 ‘‘SEC. 3113. DEFINITIONS.

5 ‘‘For the purpose of this part—

6 ‘‘(1) the term ‘adult education’ has the same

7 meaning given such term by section 312 of the Adult

8 Education Act;

9 ‘‘(2) the term ‘all students’ means students from

10 a broad range of backgrounds and circumstances, in11 cluding disadvantaged students, students with diverse

12 racial, ethnic, and cultural backgrounds, students

13 with disabilities, students with limited-English pro14 ficiency, students who have dropped out of school, and

15 academically talented students;

16 ‘‘(3) the term ‘information infrastructure’ means

17 a network of communication systems designed to ex18 change information among all citizens and residents

19 of the United States;

20 ‘‘(4) the term ‘instructional programming’

21 means the full range of audio and video data, text,

22 graphics, or additional state-of-the-art communica23 tions, including multimedia based resources distrib24 uted through interactive, command and control, or
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1 passive methods for the purpose of education and in2 struction;

3 ‘‘(5) the terms ‘interoperable’ and ‘interoper4 ability’ refer to the ability to exchange easily data

5 with, and connect to, other hardware and software in

6 order to provide the greatest accessibility for all stu7 dents and other users;

8 ‘‘(6) the term ‘local educational agency’ includes

9 an elementary or secondary school funded by the Bu10 reau of Indian Affairs, except that such schools shall

11 not be subject to the jurisdiction of any State edu12 cational agency other than the Bureau of Indian Af13 fairs;

14 ‘‘(7) the term ‘Office’ means the Office of Edu15 cational Technology;

16 ‘‘(8) the term ‘public telecommunications entity’

17 has the same meaning given to such term by section

18 397(12) of the Communications Act of 1934;

19 ‘‘(9) the term ‘State educational agency’ includes

20 the Bureau of Indian Affairs for purposes of serving

21 schools funded by the Bureau of Indian Affairs in ac22 cordance with this part; and

23 ‘‘(10) the term ‘technology’ means state-of-the-art

24 technology products and services, such as closed cir25 cuit television systems, educational television and
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1 radio programs and services, cable television, satellite,

2 copper and fiber optic transmission, computer, video

3 and audio laser and CD-ROM discs, and video and

4 audio tapes.

5 ‘‘Subpart 1—National Programs in Technology for

6 Education

7 ‘‘SEC. 3121. PURPOSES.

8 ‘‘It is the purpose of this subpart to promote achieve9 ment of the National Education Goals and—

10 ‘‘(1) to provide leadership at the Federal level,

11 through the Department, by developing a national vi12 sion and strategy—

13 ‘‘(A) to infuse technology and technology

14 planning into all educational programs and

15 training functions carried out within school sys16 tems and other educational settings at the State,

17 tribal, and local levels;

18 ‘‘(B) to coordinate technology activities for

19 education among the related Federal and State

20 departments or agencies, industry leaders, and

21 interested educational and parental organiza22 tions;

23 ‘‘(C) to establish working guidelines to en24 sure maximum interoperability nationwide and

25 ease of access for the emerging technologies so
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1 that no school system will be excluded from the

2 technological revolution; and

3 ‘‘(D) to ensure that Federal technology-re4 lated policies and programs facilitate the use of

5 technology in education;

6 ‘‘(2) to promote awareness of the potential of

7 technology for improving teaching and learning;

8 ‘‘(3) to support State and local efforts to increase

9 the effective use of technology for education;

10 ‘‘(4) to demonstrate ways in which technology

11 can be used to improve teaching and learning, and to

12 help ensure that all students have an equal oppor13 tunity to meet challenging State education standards;

14 ‘‘(5) to ensure the availability and dissemination

15 of knowledge (drawn from research and experience)

16 that can form the basis for sound State and local de17 cisions about investment in, and effective uses of, edu18 cational technology;

19 ‘‘(6) to promote high-quality professional devel20 opment opportunities for teachers, pupil-services per21 sonnel and administrators regarding the integration

22 of technology into instruction and administration;

23 ‘‘(7) to support development, production, and

24 distribution of technology enhanced curriculum, and
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1 instruction and administrative support resources and

2 services;

3 ‘‘(8) to promote the effective uses of technology in

4 existing Federal education programs, such as part A

5 of title I and vocational education programs; and

6 ‘‘(9) to monitor, and disseminate information re7 garding, advancements in technology to encourage the

8 development of effective educational uses of technology.

9 ‘‘SEC. 3122. FEDERAL LEADERSHIP.

10 ‘‘(a) ACTIVITIES AUTHORIZED.—

11 ‘‘(1) IN GENERAL.—In order to provide Federal

12 leadership that promotes higher student achievement

13 through the use of technology in education and to

14 achieve the purposes of this subpart, the Secretary, in

15 consultation with the Office of Science and Tech16 nology Policy, the National Science Foundation, the

17 United States National Commission on Libraries and

18 Information Sciences, the Department of Commerce,

19 the Department of Energy, the National Aeronautics

20 and Space Administration, the Bureau of Indian Af21 fairs, and other appropriate Federal departments or

22 agencies, may carry out activities designed to achieve

23 the purposes of this subpart.

24 ‘‘(2) TRANSFER OF FUNDS.—For the purpose of

25 carrying out coordinated or joint activities to achieve
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1 the purposes of this subpart, the Secretary may accept

2 funds from, or transfer funds to, other Federal depart3 ments or agencies.

4 ‘‘(b) NATIONAL LONG-RANGE TECHNOLOGY PLAN.—

5 ‘‘(1) IN GENERAL.—The Secretary shall develop

6 and publish within 12 months of the date of enact7 ment of the Improving America’s Schools Act of 1994,

8 and update when the Secretary determines appro9 priate, a national long-range plan that supports the

10 overall national technology policy and carries out the

11 purposes of this subpart.

12 ‘‘(2) PLAN REQUIREMENTS.—The Secretary

13 shall—

14 ‘‘(A) develop the national long-range plan

15 in consultation with other Federal departments

16 or agencies, State and local education practition17 ers and policymakers, experts in technology and

18 the applications of technology to education, rep19 resentatives of distance learning consortia, rep20 resentatives of telecommunications partnerships

21 receiving assistance under the Star Schools Act,

22 and providers of technology services and prod23 ucts;
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1 ‘‘(B) transmit such plan to the President

2 and to the appropriate committees of the Con3 gress; and

4 ‘‘(C) publish such plan in a form that is

5 readily accessible to the public.

6 ‘‘(3) CONTENTS OF THE PLAN.—The national

7 long-range plan shall describe the Secretary’s activi8 ties to promote the purposes of this subpart, includ9 ing—

10 ‘‘(A) how the Secretary will encourage the

11 effective use of technology to provide all students

12 the opportunity to achieve State content stand13 ards and State student performance standards,

14 especially through programs administered by the

15 Department;

16 ‘‘(B) joint activities in support of the over17 all national technology policy with other Federal

18 departments or agencies, such as the Office of

19 Science and Technology Policy, the National En20 dowment for the Humanities, the National En21 dowment for the Arts, the National Institute for

22 Literacy, the National Aeronautics and Space

23 Administration, the National Science Founda24 tion, the Bureau of Indian Affairs, and the De-
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1 partments of Commerce, Energy, Health and

2 Human Services, and Labor—

3 ‘‘(i) to promote the use of technology in

4 education, and training and lifelong learn5 ing, including plans for the educational

6 uses of a national information infrastruc7 ture; and

8 ‘‘(ii) to ensure that the policies and

9 programs of such departments or agencies

10 facilitate the use of technology for edu11 cational purposes, to the extent feasible;

12 ‘‘(C) how the Secretary will work with edu13 cators, State and local educational agencies, and

14 appropriate representatives of the private sector

15 to facilitate the effective use of technology in edu16 cation;

17 ‘‘(D) how the Secretary will promote—

18 ‘‘(i) higher achievement of all students

19 through the integration of technology into

20 the curriculum;

21 ‘‘(ii) increased access to the benefits of

22 technology for teaching and learning for

23 schools with a high number or percentage of

24 children from low-income families;
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1 ‘‘(iii) the use of technology to assist in

2 the implementation of State systemic reform

3 strategies;

4 ‘‘(iv) the application of technological

5 advances to use in education;

6 ‘‘(v) increased access to high quality

7 adult and family education services through

8 the use of technology for instruction and

9 professional development; and

10 ‘‘(vi) increased opportunities for the

11 professional development of teachers in the

12 use of new technologies;

13 ‘‘(E) how the Secretary will determine, in

14 consultation with appropriate individuals, orga15 nizations, industries, and agencies, the feasibility

16 and desirability of establishing guidelines to fa17 cilitate an easy exchange of data and effective

18 use of technology in education;

19 ‘‘(F) how the Secretary will promote the ex20 change of information among States, local edu21 cational agencies, schools, consortia, and other

22 entities concerning the effective use of technology

23 in education;

24 ‘‘(G) how the Secretary will utilize the out25 comes of the evaluation undertaken pursuant to
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1 section 3206(c)(2) to promote the purposes of this

2 subpart; and

3 ‘‘(H) the Secretary’s long-range measurable

4 goals and objectives relating to the purposes of

5 this subpart.

6 ‘‘(c) ASSISTANCE.—The Secretary shall provide assist7 ance to the States to enable such States to plan effectively

8 for the use of technology in all schools throughout the State

9 in accordance with the purpose and requirements of section

10 317 of the Goals 2000: Educate America Act.

11 ‘‘(d) USES OF FUNDS.—

12 ‘‘(1) IN GENERAL.—The Secretary shall use

13 funds made available to carry out this section for ac14 tivities designed to carry out the purpose of this sub15 part, including—

16 ‘‘(A) providing assistance to technical as17 sistance providers to enable such providers to im18 prove substantially the services such providers

19 offer to educators regarding the uses of tech20 nology for education, including professional de21 velopment;

22 ‘‘(B) consulting with representatives of in23 dustry, elementary and secondary education,

24 adult education, higher education, and appro25 priate experts in technology and the educational
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1 applications of technology, in carrying out the

2 activities assisted under this subpart;

3 ‘‘(C) research on, and the development of,

4 guidelines to facilitate maximum interoper5 ability, efficiency and easy exchange of data for

6 effective use of technology in education;

7 ‘‘(D) research on, and the development of,

8 applications for education of the most advanced

9 and newly emerging technologies;

10 ‘‘(E) the development, demonstration, and

11 evaluation of applications of existing technology

12 in preschool education, elementary and second13 ary education, training and lifelong learning,

14 and professional development of educational per15 sonnel;

16 ‘‘(F) the development and evaluation of soft17 ware and other products, including multimedia

18 television programming, that incorporate ad19 vances in technology and help achieve the Na20 tional Education Goals, State content standards

21 and State student performance standards;

22 ‘‘(G) the development, demonstration, and

23 evaluation of model strategies for preparing

24 teachers and other personnel to use technology ef25 fectively to improve teaching and learning;
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1 ‘‘(H) the development of model programs

2 that demonstrate the educational effectiveness of

3 technology in urban and rural areas and eco4 nomically distressed communities;

5 ‘‘(I) research on, and the evaluation of, the

6 effectiveness and benefits of technology in edu7 cation, giving priority to research on, and eval8 uation of, such effectiveness and benefits in ele9 mentary and secondary schools;

10 ‘‘(J) a biennial assessment of, and report to

11 the public regarding, the uses of technology in el12 ementary and secondary education throughout

13 the United States upon which private businesses

14 and Federal, State, tribal, and local governments

15 may rely for decisionmaking about the need for,

16 and provision of, appropriate technologies in

17 schools, which assessment and report shall use, to

18 the extent possible, existing information and re19 sources;

20 ‘‘(K) conferences on, and dissemination of

21 information regarding, the uses of technology in

22 education;

23 ‘‘(L) the development of model strategies to

24 promote gender equity in the use of technology;
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1 ‘‘(M) encouraging collaboration between the

2 Department and other Federal agencies in the

3 development, implementation, evaluation and

4 funding of applications of technology for edu5 cation, as appropriate; and

6 ‘‘(N) such other activities as the Secretary

7 determines will meet the purposes of this sub8 part.

9 ‘‘(2) SPECIAL RULES.—

10 ‘‘(A) The Secretary shall carry out the ac11 tivities described in paragraph (1) directly or by

12 grant or contract.

13 ‘‘(B) Each grant or contract under this sec14 tion shall be awarded—

15 ‘‘(i) on a competitive basis; and

16 ‘‘(ii) pursuant to a peer review process.

17 ‘‘(e) NON-FEDERAL SHARE.—

18 ‘‘(1) IN GENERAL.—Subject to paragraphs (2)

19 and (3), the Secretary may require any recipient of

20 a grant or contract under this section to share in the

21 cost of the activities assisted under such grant or con22 tract, which non-Federal share shall be announced

23 through a notice in the Federal Register and may be

24 in the form of cash or in-kind contributions, fairly

25 valued.
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1 ‘‘(2) INCREASE.—The Secretary may increase

2 the non-Federal share that is required of a recipient

3 of a grant or contract under this section after the first

4 year such recipient receives funds under such grant or

5 contract.

6 ‘‘(3) MAXIMUM.—The non-Federal share required

7 under this section shall not exceed 50 percent of the

8 cost of the activities assisted pursuant to a grant or

9 contract under this section.

10 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are

11 authorized to be appropriated $5,000,000 for fiscal year

12 1995, and such sums as may be necessary for each of the

13 4 succeeding fiscal years, to carry out this section.

14 ‘‘SEC. 3123. REGIONAL TECHNICAL SUPPORT AND PROFES15 SIONAL DEVELOPMENT.

16 ‘‘(a) GRANTS AUTHORIZED.—

17 ‘‘(1) AUTHORITY.—The Secretary, through the

18 Office of Educational Technology, shall make grants,

19 on a competitive basis, to regional educational tech20 nology assistance consortia in accordance with the

21 provisions of this section. In awarding grants under

22 this section, the Secretary shall ensure that each geo23 graphic region of the United States shall be served by

24 such a consortium.
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1 ‘‘(2) REQUIREMENTS.—Each consortium receiv2 ing a grant under this section shall—

3 ‘‘(A) be composed of State educational agen4 cies, institutions of higher education, nonprofit

5 organizations, or a combination thereof;

6 ‘‘(B) in cooperation with State and local

7 educational agencies, develop a regional program

8 that addresses professional development, tech9 nical assistance, and information resource dis10 semination, with special emphasis on meeting

11 the documented needs of educators and learners

12 in the region; and

13 ‘‘(C) foster regional cooperation and re14 source and coursework sharing.

15 ‘‘(3) SPECIAL RULE.—Each consortium receiving

16 a grant under this section shall use not less than 80

17 percent of the grant funds to carry out paragraph (2)

18 of subsection (b).

19 ‘‘(b) FUNCTIONS.—

20 ‘‘(1) TECHNICAL ASSISTANCE.—Each consortium

21 receiving a grant under this section shall—

22 ‘‘(A) collaborate with State educational

23 agencies and local educational agencies request24 ing collaboration, particularly in the develop25 ment of strategies for assisting those schools with
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1 the highest numbers or percentages of disadvan2 taged students with little or no access to tech3 nology in the classroom;

4 ‘‘(B) provide information, in coordination

5 with information available from the Secretary,

6 to State educational agencies, local educational

7 agencies, schools and adult education programs,

8 on the types and features of various educational

9 technology equipment and software available,

10 evaluate and make recommendations on equip11 ment and software that support the National

12 Education Goals and are suited for a school’s

13 particular needs, and compile and share infor14 mation regarding creative and effective applica15 tions of technology in the classroom in order to

16 support the purposes of this subpart;

17 ‘‘(C) collaborate with such State educational

18 agencies, local educational agencies, or schools

19 requesting to participate in the tailoring of soft20 ware programs and other supporting materials

21 to meet State content standards or State student

22 performance standards that may be developed;

23 and

24 ‘‘(D) provide technical assistance to facili25 tate use of the electronic dissemination networks
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1 by State and local educational agencies and

2 schools throughout the region.

3 ‘‘(2) PROFESSIONAL DEVELOPMENT.—Each con4 sortium receiving a grant under this section shall—

5 ‘‘(A) develop and implement, in collabora6 tion with State educational agencies and institu7 tions of higher education, technology-specific, on8 going professional development, such as—

9 ‘‘(i) intensive school year and summer

10 workshops that use teachers to train other

11 teachers; and

12 ‘‘(ii) distance educational professional

13 development, including—

14 ‘‘(I) interactive training

15 telecourses using researchers, educators,

16 and telecommunications personnel who

17 have experience in developing, imple18 menting, or operating educational and

19 instructional technology as a learning

20 tool;

21 ‘‘(II) onsite courses teaching

22 teachers to use educational and in23 structional technology and to develop

24 their own instructional materials for

25 effectively incorporating technology
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1 and programming in their own class2 rooms;

3 ‘‘(III) methods for successful inte4 gration of instructional technology into

5 the curriculum in order to improve

6 student learning and achievement;

7 ‘‘(IV) video conferences and semi8 nars which offer professional develop9 ment through peer interaction with ex10 perts as well as other teachers using

11 technologies in their classrooms; and

12 ‘‘(V) mobile education technology

13 and training resources;

14 ‘‘(B) develop training resources that—

15 ‘‘(i) are relevant to the needs of the re16 gion and schools within the region;

17 ‘‘(ii) are relevant to the needs of adult

18 literacy staff and volunteers, including on19 site courses on how to—

20 ‘‘(I) use instructional technology;

21 and

22 ‘‘(II) develop instructional mate23 rials for adult learning; and

24 ‘‘(iii) are aligned with the needs of

25 teachers and administrators in the region;
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1 ‘‘(C) establish a repository of professional

2 development and technical assistance resources;

3 ‘‘(D) identify and link technical assistance

4 providers to State and local educational agen5 cies, as needed;

6 ‘‘(E) provide followup to ensure that train7 ing, professional development, and technical as8 sistance meet the needs of educators, parents and

9 students served by the region;

10 ‘‘(F) assist colleges and universities within

11 the region to develop and implement preservice

12 training programs for students enrolled in teach13 er education programs; and

14 ‘‘(G) assist local educational agencies and

15 schools in working with community members

16 and parents to develop support from commu17 nities and parents for educational technology

18 programs and projects.

19 ‘‘(3) INFORMATION AND RESOURCE DISSEMINA20 TION.—Each consortium receiving a grant under this

21 section shall—

22 ‘‘(A) assist State and local educational

23 agencies in the identification and procurement of

24 financial, technological and human resources

25 needed to implement technology plans;
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1 ‘‘(B) provide outreach and, at the request of

2 a State or local educational agency, work with

3 such agency to assist in the development and val4 idation of instructionally based technology edu5 cation resources; and

6 ‘‘(C) coordinate activities and establish

7 partnerships with organizations and institutions

8 of higher education that represent the interests of

9 the region as such interests pertain to the appli10 cation of technology in teaching, learning, in11 structional management, dissemination, collec12 tion and distribution of educational statistics,

13 and the transfer of student information.

14 ‘‘(4) COORDINATION.—Each consortium receiving

15 a grant under this section shall work collaboratively,

16 and coordinate the services the consortium provides,

17 with appropriate entities assisted in whole or in part

18 by the Department.

19 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—

20 There are authorized to be appropriated $50,000,000

21 for the fiscal year 1995, and such sums as may be

22 necessary for each of the 4 succeeding fiscal years, to

23 carry out this section.
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1 ‘‘SEC. 3124. EDUCATIONAL TECHNOLOGY PRODUCT DEVEL2 OPMENT.

3 ‘‘(a) PURPOSE.—It is the purpose of this section to—

4 ‘‘(1) support development of curriculum-based

5 learning resources using state-of-the-art technologies

6 and techniques designed to improve student learning;

7 and

8 ‘‘(2) support development of long-term com9 prehensive instructional programming and associated

10 support resources that ensure maximum access by all

11 educational institutions.

12 ‘‘(b) FEDERAL ASSISTANCE AUTHORIZED.—

13 ‘‘(1) AUTHORITY.—The Secretary, through the

14 Office of Educational Technology, shall award grants,

15 on a competitive basis, to eligible consortia to pay the

16 Federal share of the cost of developing, producing,

17 and distributing products consisting of curriculum18 based learning resources, services, and instructional

19 programming for teachers and students, which incor20 porate state-of-the-art applications of advanced tech21 nology, including educational radio and television.

22 ‘‘(2) ELIGIBLE CONSORTIUM.—For the purpose

23 of this subsection the term ‘eligible consortium’ means

24 a consortium—

25 ‘‘(A) that shall include—
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1 ‘‘(i) a State or local educational agen2 cy; and

3 ‘‘(ii) a business, industry or tele4 communications entity; and

5 ‘‘(B) that may include—

6 ‘‘(i) a public or private nonprofit orga7 nization; or

8 ‘‘(ii) a postsecondary institution.

9 ‘‘(3) PRIORITY.—In awarding grants under this

10 section, the Secretary shall give priority to applica11 tions describing products that are developed—

12 ‘‘(A) so that the product may be adapted

13 and applied nationally at a reasonable cost over

14 a broad technology platform;

15 ‘‘(B) to raise the achievement levels of all

16 students, particularly students who are not real17 izing their potential;

18 ‘‘(C) in consultation with classroom teach19 ers;

20 ‘‘(D) through consultation and collaboration

21 with appropriate education entities in designing

22 the product to ensure relevance to the voluntary

23 national content standards, the voluntary na24 tional student performance standards and State

25 curriculum frameworks; and
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1 ‘‘(E) so that the product can be adapted for

2 use by adults in need of literacy services, includ3 ing English as a second language and prepara4 tion for a secondary school diploma or its recog5 nized equivalent.

6 ‘‘(4) MATCHING REQUIREMENT.—The Secretary

7 may require any recipient of a grant or contract

8 under this subpart to share in the cost of the activities

9 assisted under such grant or contract, which non-Fed10 eral share shall be announced through a notice in the

11 Federal Register and may be in the form of cash or

12 in-kind contributions, fairly valued.

13 ‘‘(5) REQUIREMENTS FOR FEDERAL ASSIST14 ANCE.—Each eligible consortium desiring Federal as15 sistance under this section shall submit an applica16 tion to the Secretary at such time and in such man17 ner as the Secretary may prescribe. Each application

18 shall include—

19 ‘‘(A) a description of how the product will

20 improve the achievement levels of students;

21 ‘‘(B) a description of how the activities as22 sisted under this section will promote profes23 sional development of teachers and administra24 tors in the uses and applications of the product,

25 including the development of training materials;
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1 ‘‘(C) a description of design, development,

2 field testing, evaluation, and distribution of

3 products, where appropriate;

4 ‘‘(D) an assurance that the product shall ef5 fectively serve a significant number or percent6 age of economically disadvantaged students;

7 ‘‘(E) plans for dissemination of products to

8 a wide audience of learners;

9 ‘‘(F) a description of how the product can

10 be adapted for use by students with disabilities

11 including provisions for closed captioning or de12 scriptive video, where appropriate;

13 ‘‘(G) a description of how ownership and

14 rights to the use and marketing of any product

15 developed by the consortium, including intellec16 tual property rights, will be allocated among

17 consortium participants; and

18 ‘‘(H) a description of the contributions, in19 cluding services and funds, to be made by each

20 member of the consortium, and how any revenues

21 derived from the sale of any product developed

22 by the consortium shall be distributed.

23 ‘‘(c) CONSUMER REPORT.—The Secretary shall dis24 seminate information about products developed pursuant to

25 provisions of this section to State and local educational
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1 agencies, and other organizations or individuals that the

2 Secretary determines to be appropriate, through print and

3 electronic media that are accessible to the education commu4 nity at large.

5 ‘‘(d) PROCEEDS.—The Secretary shall not prohibit an

6 eligible consortium or any of the members of such consor7 tium from receiving financial benefits from the distribution

8 of any products resulting from the assistance received under

9 this section. Notwithstanding any other provision of law,

10 any profits or royalties received by a State educational

11 agency, local educational agency, or other nonprofit mem12 ber of an eligible consortium receiving assistance under this

13 section shall be used to support further development of cur14 riculum-based learning resources, services, and program15 ming or to provide access to such products for a wider audi16 ence.

17 ‘‘(e) AUTHORIZATION OF FUNDS.—There are author18 ized to be appropriated $50,000,000 for the fiscal year 1995,

19 and such sums as may be necessary for each of the 4 suc20 ceeding fiscal years, to carry out this section.

21 ‘‘SEC. 3125. RESEARCH ON EDUCATIONAL APPLICATIONS OF

22 ADVANCED TECHNOLOGIES.

23 ‘‘(a) PURPOSE.—It is the purpose of this section to—
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1 ‘‘(1) provide direction and support for the con2 duct of research on advanced educational technologies;

3 and

4 ‘‘(2) provide support for long-term, comprehen5 sive educational applications of advanced high per6 formance computer and communication technologies

7 and video technologies in support of the core subjects

8 of the National Education Goals.

9 ‘‘(b) GENERAL AUTHORITY.—The Secretary, consistent

10 with the overall national technology policy established by

11 the President, and in cooperation with other Federal de12 partments and agencies, is authorized to support research

13 on educational applications of advanced learning tech14 nologies.

15 ‘‘(c) GRANTS AUTHORIZED.—The Secretary, through

16 the Office of Educational Technology, shall award grants

17 to or enter into contracts for research projects intended to

18 develop educational applications of advanced technologies.

19 ‘‘(d) APPLICATION.—Each entity desiring assistance

20 under this section shall submit to the Secretary an applica21 tion at such time, in such manner and accompanied by

22 such information as the Secretary may reasonably require.

23 Each such application shall—
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1 ‘‘(1) define clearly the scope and content of the

2 subject matter of the research and the relevance of the

3 advanced technology to such content;

4 ‘‘(2) describe the potential market for both the

5 hardware and software developed under this section;

6 and

7 ‘‘(3) assess the applications of the advanced tech8 nology in a way that will validate the technology’s

9 impact on student learning and achievement.

10 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are

11 authorized to be appropriated $20,000,000 for fiscal year

12 1995, and such sums as may be necessary for each of the

13 4 succeeding fiscal years, to carry out this section.

14 ‘‘SEC. 3126. HIGH PERFORMANCE COMPUTING AND TELE15 COMMUNICATIONS NETWORKS FOR EDU16 CATION.

17 ‘‘(a) PURPOSE.—It is the purpose of this section to

18 support the development, demonstration, and evaluation of

19 the educational aspects of high performance computing and

20 communication technologies and of the national informa21 tion infrastructure, including the use of high performance

22 computing and communication and the national informa23 tion infrastructure in—

24 ‘‘(1) providing professional development for

25 teachers and other educators, as appropriate;
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1 ‘‘(2) enhancing academic curricula for elemen2 tary and secondary school students in order to pro3 vide such students with opportunities to meet chal4 lenging State student performance standards;

5 ‘‘(3) facilitating communications among schools,

6 local educational agencies, parents of students, and

7 local communities;

8 ‘‘(4) facilitating an effective transition from sec9 ondary school to employment; and

10 ‘‘(5) other such areas of education as the Sec11 retary deems appropriate.

12 ‘‘(b) AUTHORITY.—

13 ‘‘(1) IN GENERAL.—(A) The Secretary, consistent

14 with the overall national technology policy established

15 by the President, and in cooperation with other Fed16 eral departments and agencies, shall support the de17 velopment of an electronic network program for the

18 dissemination of educational information throughout

19 the United States, including information about effec20 tive technology-enhanced programs, resources and

21 services.

22 ‘‘(B) In carrying out subparagraph (A) the Sec23 retary shall—

24 ‘‘(i) to the extent possible, coordinate activi25 ties assisted under this section with other dis-
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1 semination activities assisted by the Department

2 in order to—

3 ‘‘(I) avoid duplication; and

4 ‘‘(II) utilize the existing resources of

5 the Department;

6 ‘‘(ii) consult with educators, State and local

7 educational agencies, telecommunications provid8 ers, and other appropriate education entities

9 throughout the United States to determine infor10 mation requirements and policies for the effective

11 dissemination of information;

12 ‘‘(iii) provide access to the existing Depart13 ment of Energy FEDIX/MOLIS Information

14 System regarding information about excess

15 equipment (computers and supporting materials)

16 within the Federal Government that are avail17 able for transfer to elementary and secondary

18 schools; and

19 ‘‘(iv) make use of existing networks or devel20 oping networks, to the extent possible.

21 ‘‘(2) REQUIREMENTS; SPECIFICATIONS; AND PRO22 TOTYPE OPERATIONS.—The Secretary is authorized

23 to—
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1 ‘‘(A) identify educational high performance

2 computing and telecommunications network re3 quirements;

4 ‘‘(B) develop specifications for the imple5 mentation of such requirements within any na6 tional telecommunications network;

7 ‘‘(C) establish prototype operations on exist8 ing networks to validate and further develop the

9 educational specifications which will facilitate

10 the use of such networks by kindergarten through

11 12th grade students, teachers, librarians, admin12 istrators, and parents;

13 ‘‘(D) represent the needs and interests of ele14 mentary and secondary schools in the Federal

15 planning and development of a national infor16 mation infrastructure; and

17 ‘‘(E) identify policy issues, such as commu18 nication rate structures, intellectual property

19 rights, certification and recertification of teach20 ers, and issues related to how technology fits into

21 the school environment, that affect the ability of

22 the public schools to make effective use of the

23 emerging information infrastructure.
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1 ‘‘(c) TYPES OF GRANTS.—The Secretary, through the

2 Office of Educational Technology, shall award the following

3 types of grants:

4 ‘‘(1) REQUIREMENTS GRANTS.—The Secretary

5 shall solicit proposals for and award grants to 1 or

6 more entities for the identification of educational high

7 performance computing and telecommunications net8 work requirements. The solicitation shall request pro9 posals to—

10 ‘‘(A) identify and describe existing and

11 planned educational high performance comput12 ing and telecommunications network efforts;

13 ‘‘(B) identify potential uses of such net14 works in kindergarten through 12th grade edu15 cation by schools throughout the United States;

16 ‘‘(C) assess impediments to the development

17 of such networks in kindergarten through 12th

18 grade education, such as—

19 ‘‘(i) technological impediments;

20 ‘‘(ii) availability of technology-en21 hanced curriculum, instruction, and admin22 istrative support resources and services in

23 schools; and
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1 ‘‘(iii) parent, student, teacher and ad2 ministrator attitudes toward technology-en3 hanced education;

4 ‘‘(D) assess the anticipated costs and bene5 fits to be derived from such network access in

6 kindergarten through 12th grade education and

7 recommend priorities for development of such

8 network; and

9 ‘‘(E) identify the range of possible edu10 cational applications of, and potential sources of

11 funding for, both networks and information re12 sources and databases that exist or are being de13 veloped by other Federal departments or agen14 cies.

15 ‘‘(2) SPECIFICATIONS GRANTS.—The Secretary

16 shall solicit proposals for and award grants to 1 or

17 more entities for the design and development of edu18 cational specifications which may be used to ensure

19 educational access to any national educational high

20 performance computing and telecommunications net21 work. The solicitation shall request proposals to—

22 ‘‘(A) incorporate—

23 ‘‘(i) the findings of the grant recipients

24 under paragraph (1); and
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1 ‘‘(ii) the priorities recommended for

2 such networks by the Secretary consistent

3 with the overall national technology policy

4 established by the President;

5 ‘‘(B) provide for design alternatives and

6 specifications that address—

7 ‘‘(i) linkage of schools and commu8 nities with each other, with central resource

9 centers, and with Federal and State agen10 cies over existing or planned telecommuni11 cations networks;

12 ‘‘(ii) uses of alternative connectivity

13 modes, such as fiber optics, satellites, and

14 land-based broadcasting;

15 ‘‘(iii) integrated uses of two-way inter16 active voice, video, and data communica17 tions;

18 ‘‘(iv) uses of interactive multimedia;

19 ‘‘(v) system capacity, such as maxi20 mum telecommunications traffic in a vari21 ety of use modes;

22 ‘‘(vi) availability of needed tech23 nologies;

24 ‘‘(vii) availability of support services;

25 and
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1 ‘‘(viii) assessment of the impact of pro2 posed educational access specifications on

3 existing or planned telecommunications net4 works; and

5 ‘‘(C) provide comprehensive specifications

6 which will ensure educational access to any na7 tional educational high performance computing

8 and telecommunications network as the primary

9 deliverable product of the specifications grants

10 described in this paragraph.

11 ‘‘(3) PROTOTYPE DEVELOPMENT GRANTS.—The

12 Secretary shall solicit proposals for and award grants

13 to 1 or more entities for prototype operations on ex14 isting networks in order to validate and further de15 velop the educational specifications which will facili16 tate use of existing or planned educational high per17 formance computing and telecommunications net18 works by kindergarten through 12th grade students,

19 teachers, librarians, administrators, and parents. The

20 solicitation shall request proposals to—

21 ‘‘(A) incorporate the design limits of the

22 comprehensive educational high performance

23 computing and telecommunications network

24 specifications developed by grant recipients

25 under paragraph (2);
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1 ‘‘(B) support prototype operations for at

2 least 1 year in a minimum of 5 test sites which

3 are selected to represent a variety of economic,

4 social, urban and rural settings;

5 ‘‘(C) provide for inservice training and

6 technical assistance during the period of proto7 type operations;

8 ‘‘(D) provide provisions for the identifica9 tion and correction of operational problems dur10 ing the period of prototype operations (including

11 design flaws);

12 ‘‘(E) include a comprehensive evaluation of

13 all aspects of the prototype, including—

14 ‘‘(i) design flaws;

15 ‘‘(ii) training requirements, including

16 resources and strategies for initial and on17 going training;

18 ‘‘(iii) technical support requirements;

19 ‘‘(iv) financing constraints;

20 ‘‘(v) availability and utility of infor21 mation resources and services accessed dur22 ing the prototype operations period;

23 ‘‘(vi) factors which enhanced or im24 peded prototype operations; and
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1 ‘‘(vii) an overall assessment of the im2 pact of such technology on the educational

3 process; and

4 ‘‘(F) provide recommended revisions of the

5 Secretary’s educational high performance com6 puting and telecommunications network speci7 fications based on findings of the comprehensive

8 evaluation of prototype operations.

9 ‘‘(d) TIMELINE.—The Secretary, through the Office of

10 Educational Technology, shall award grants under this sec11 tion as follows:

12 ‘‘(1) REQUIREMENT GRANTS.—The Secretary

13 shall award requirement grants under subsection

14 (c)(1) within 6 months of the date of enactment of the

15 Improving America’s Schools Act of 1994.

16 ‘‘(2) DEVELOPMENT OF DESIGN SPECIFICA17 TIONS.—The Secretary shall award grants under sub18 section (c)(2) within 18 months of the date of enact19 ment of the Improving America’s Schools Act of 1994.

20 ‘‘(3) PROTOTYPE OPERATIONS.—The Secretary

21 shall award grants under subsection (c)(3) within 30

22 months of the date of enactment of the Improving

23 America’s Schools Act of 1994.

24 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are

25 authorized to be appropriated $7,500,000 for fiscal year
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1 1995, and such sums as may be necessary for each of the

2 4 succeeding fiscal years, to carry out this section.

3 ‘‘SEC. 3127. STUDY, EVALUATION AND REPORT OF FUNDING

4 ALTERNATIVES.

5 ‘‘The Secretary, through the Office of Educational

6 Technology, shall conduct a study to evaluate, and report

7 to the Congress on, the feasibility of several alternative mod8 els for providing sustained and adequate funding for schools

9 throughout the United States so that such schools are able

10 to acquire and maintain technology-enhanced curriculum,

11 instruction, and administrative support resources and serv12 ices. Such report shall be submitted to the Congress not later

13 than 1 year after the date of enactment of the Improving

14 America’s Schools Act of 1994.

15 ‘‘Subpart 2—State and Local Programs for School

16 Technology Resources, Technical Support, and

17 Professional Development

18 ‘‘SEC. 3131. STATEMENT OF PURPOSE.

19 ‘‘It is the purpose of this subpart to provide Federal

20 assistance in the form of grants to support—

21 ‘‘(1) the acquisition of equipment and support22 ing resources, training, and maintenance of tech23 nology; and

24 ‘‘(2) regional consortia to enable such consortia

25 to provide professional development and technical as-
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1 sistance that fosters integration of technology into the

2 kindergarten through 12th grade classrooms, libraries,

3 and school library media centers.

4 ‘‘SEC. 3132. SCHOOL TECHNOLOGY RESOURCE GRANTS.

5 ‘‘(a) GRANTS AUTHORIZED.—

6 ‘‘(1) AUTHORITY.—The Secretary, through the

7 Office of Educational Technology, shall award grants

8 to State educational agencies having a systemic state9 wide plan that meets such criteria as the Secretary

10 may establish in order to enable such agencies to pro11 vide assistance to local educational agencies that have

12 the highest numbers or percentages of children in pov13 erty and demonstrate the greatest need for technology,

14 in order to enable such local educational agencies, for

15 the benefit of school sites served by such local edu16 cational agencies, to—

17 ‘‘(A) purchase quality technology resources;

18 ‘‘(B) install various linkages necessary to

19 acquire connectivity;

20 ‘‘(C) integrate technology into the curricu21 lum in order to improve student learning and

22 achievement;

23 ‘‘(D) provide teachers and library media

24 personnel with training or access to training;
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1 ‘‘(E) provide administrative and technical

2 support and services that improve student learn3 ing through enriched technology-enhanced re4 sources, including library media resources;

5 ‘‘(F) promote the sharing, distribution, and

6 application of educational technologies that are

7 determined to be effective in individual schools;

8 ‘‘(G) assist schools in promoting parent in9 volvement;

10 ‘‘(H) assist the community in providing lit11 eracy-related services; and

12 ‘‘(I) establish partnerships with private

13 educational providers whose comprehensive tech14 nology systems address the need of children in

15 poverty.

16 ‘‘(2) AMOUNT.—(A) Except as provided in sub17 paragraphs (B) and (C), the Secretary shall award

18 grants under this section to each State educational

19 agency for a fiscal year in an amount which bears the

20 same relationship to the amount appropriated pursu21 ant to the authority of subsection (b) for such year as

22 the amount such State received under part A of title

23 I for such year bears to the amount received for such

24 year under such part by all States.
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1 ‘‘(B) No State educational agency shall receive a

2 grant pursuant to subparagraph (A) in any fiscal

3 year in an amount which is less than one-half of 1

4 percent of the amount appropriated pursuant to the

5 authority of subsection (b) for such year.

6 ‘‘(C) If the sum of the amounts appropriated

7 pursuant to the authority of section 3132(c) is equal

8 to or less than $50,000,000 for any fiscal year, then

9 the Secretary shall award grants under this section

10 for such year on a competitive basis to local edu11 cational agencies, either separately or in cooperation

12 with a local educational agency or a State edu13 cational agency, which submit to the Secretary an ap14 plication, containing the information described in

15 paragraphs (1) through (3) of subsection (e), that the

16 Secretary approves. In awarding such grants, the

17 Secretary shall give priority to applications from

18 local educational agencies with the highest number or

19 percentage of disadvantaged students or the greatest

20 need for educational technology.

21 ‘‘(3) IDENTIFICATION OF LOCAL EDUCATIONAL

22 AGENCIES; TECHNICAL ASSISTANCE.—Each State edu23 cational agency receiving a grant under this section

24 shall—
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1 ‘‘(A) identify the local educational agencies

2 served by the State educational agency that—

3 ‘‘(i) have the highest number or per4 centage of children in poverty; and

5 ‘‘(ii) demonstrate to such State edu6 cational agency the greatest need for tech7 nical assistance in developing the applica8 tion described in subsection (d); and

9 ‘‘(B) offer such technical assistance to such

10 local educational agencies.

11 ‘‘(4) LIMITATION ON STATE COSTS.—Not more

12 than 5 percent of grant funds awarded to a State

13 educational agency under this section for any fiscal

14 year may be used by the State or State educational

15 agency for administrative costs or technical assist16 ance.

17 ‘‘(b) SELECTION OF GRANTS.—Each State educational

18 agency, in awarding grants under this section, shall—

19 ‘‘(1) ensure that each grant such agency awards

20 to a local educational agency shall be of sufficient du21 ration, and of sufficient size, scope, and quality, to

22 carry out the purposes of this title effectively; and

23 ‘‘(2) award grants to local educational agencies

24 on a competitive basis.
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1 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are

2 authorized to be appropriated $200,000,000 for fiscal year

3 1995, and such sums as may be necessary for each of the

4 4 succeeding fiscal years, to carry out this section.

5 ‘‘(d) LOCAL USES OF GRANT FUNDS.—Each local edu6 cational agency receiving assistance under this section may

7 use such assistance—

8 ‘‘(1) to acquire connectivity linkages, resources,

9 and services, including the acquisition of hardware

10 and software, for use by teachers, students and library

11 media personnel in the classroom or in school library

12 media centers, in order to improve student learning

13 by supporting the instructional program offered by

14 such agency to ensure that students in schools will

15 have meaningful access on a regular basis to such

16 linkages, resources and services;

17 ‘‘(2) for ongoing professional development in the

18 integration of quality educational technologies into

19 school curriculum and long-term planning for imple20 menting educational technologies; and

21 ‘‘(3) to acquire connectivity with wide area net22 works for purposes of accessing information and edu23 cational programming sources.

24 ‘‘(e) LOCAL APPLICATIONS.—Each local educational

25 agency desiring assistance from a State educational agency
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1 under this section shall submit an application consistent

2 with the objectives of the systemic statewide plan to such

3 agency at such time and in such manner as such agency

4 may prescribe. Such application, at a minimum, shall—

5 ‘‘(1) include a strategic, long-range (3- to 5-

6 year), plan that includes—

7 ‘‘(A) a description of the type of tech8 nologies to be acquired, including specific provi9 sions for interoperability among components of

10 such technologies and, to the extent practicable,

11 with existing technologies;

12 ‘‘(B) an explanation of how the acquired

13 technologies will be integrated into the curricu14 lum to help the local educational agency enhance

15 teaching, training, and student achievement;

16 ‘‘(C) an explanation of how programs will

17 be developed in collaboration with existing adult

18 literacy services providers to maximize the use of

19 such technologies;

20 ‘‘(D)(i) a description of how the local edu21 cational agency will ensure ongoing, sustained

22 professional development for teachers, adminis23 trators, and school library media personnel

24 served by the local educational agency to further
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1 the use of technology in the classroom or library

2 media center; and

3 ‘‘(ii) a list of the source or sources of ongo4 ing training and technical assistance available

5 to schools, teachers and administrators served by

6 the local educational agency, such as State tech7 nology offices, intermediate educational support

8 units, regional educational laboratories or insti9 tutions of higher education;

10 ‘‘(E) a description of the supporting re11 sources, such as services, software and print re12 sources, which will be acquired to ensure success13 ful and effective use of technologies acquired

14 under this section;

15 ‘‘(F) the projected timetable for implement16 ing such plan in schools;

17 ‘‘(G) the projected cost of technologies to be

18 acquired and related expenses needed to imple19 ment such plan; and

20 ‘‘(H) a description of how the local edu21 cational agency will coordinate the technology

22 provided pursuant to this subpart with other

23 grant funds available for technology from State

24 and local sources;
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1 ‘‘(2) describe how the local educational agency

2 will involve parents, public libraries, business leaders

3 and community leaders in the development of such

4 plan;

5 ‘‘(3) describe how the acquired instructionally

6 based technologies will help the local educational

7 agency—

8 ‘‘(A) promote equity in education in order

9 to support State content standards and State

10 student performance standards that may be de11 veloped; and

12 ‘‘(B) provide access for teachers, parents

13 and students to the best teaching practices and

14 curriculum resources through technology; and

15 ‘‘(4) describe a process for the ongoing evaluation

16 of how technologies acquired under this section—

17 ‘‘(A) will be integrated into the school cur18 riculum; and

19 ‘‘(B) will affect student achievement and

20 progress toward meeting the National Education

21 Goals and any State content standards and

22 State student performance standards that may

23 be developed.

24 ‘‘(f) COORDINATION OF APPLICATION REQUIRE25 MENTS.—If a local educational agency submitting an ap-
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1 plication for assistance under this section has developed a

2 comprehensive education improvement plan, in conjunction

3 with requirements under this Act or the Goals 2000: Edu4 cate America Act, the State educational agency may ap5 prove such plan, or a component of such plan, notwith6 standing the requirements of subsection (e) if the State edu7 cational agency determines that such approval would fur8 ther the purposes of this section.

9 ‘‘Subpart 3—Special Rule Applicable to

10 Appropriations

11 ‘‘SEC. 3141. SPECIAL RULE.

12 ‘‘(a) APPROPRIATION OF LESS THAN $50,000,000.—

13 Notwithstanding any other provision of law, for any fiscal

14 year for which the sum of the amounts appropriated pursu15 ant to the authority of sections 3122(f), 3123(b)(5), 3124(e),

16 3125(e), 3126(e), and 3132(c) is less than $50,000,000, the

17 Secretary shall aggregate such amounts and make avail18 able—

19 ‘‘(1) 50 percent of such aggregate amount to

20 carry out subpart 1 for such year; and

21 ‘‘(2) 50 percent of such aggregate amount to

22 carry out subpart 2 for such year.

23 ‘‘(b) APPROPRIATION EQUAL TO OR GREATER THAN

24 $50,000,000.—Notwithstanding any other provision of law,

25 for any fiscal year for which the sum of the amounts appro-
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1 priated pursuant to the authority of sections 3122(f),

2 3123(b)(5), 3124(e), 3125(e), 3126(e), and 3132(c) is equal

3 to or greater than $50,000,000, the Secretary shall aggre4 gate such amounts and make available—

5 ‘‘(1) the sum of $25,000,000 plus 35 percent of

6 such aggregate amount in excess of $50,000,000 to

7 carry out subpart 1 for such year; and

8 ‘‘(2) the sum of $25,000,000 plus 65 percent of

9 such aggregate amount in excess of $50,000,000 to

10 carry out subpart 2 for such year.

11 ‘‘PART B—STAR SCHOOLS PROGRAM

12 ‘‘SEC. 3201. SHORT TITLE.

13 ‘‘This part may be cited as the ‘Star Schools Act’.

14 ‘‘SEC. 3202. PURPOSE.

15 ‘‘It is the purpose of this part to encourage improved

16 instruction in mathematics, science, and foreign languages

17 as well as other subjects, such as literacy skills and voca18 tional education, and to serve underserved populations, in19 cluding the disadvantaged, illiterate, limited-English pro20 ficient, and disabled, through a star schools program under

21 which grants are made to eligible telecommunication part22 nerships to enable such partnerships to—

23 ‘‘(1) develop, construct, acquire, maintain and

24 operate telecommunications audio and visual facili25 ties and equipment;
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1 ‘‘(2) develop and acquire educational and in2 structional programming; and

3 ‘‘(3) obtain technical assistance for the use of

4 such facilities and instructional programming.

5 ‘‘SEC. 3203. GRANTS AUTHORIZED.

6 ‘‘(a) AUTHORITY.—The Secretary, through the Office

7 of Educational Technology, is authorized to make grants,

8 in accordance with the provisions of this part, to eligible

9 telecommunications partnerships to pay the Federal share

10 of the cost of—

11 ‘‘(1) the development, construction, acquisition,

12 maintenance and operation of telecommunications fa13 cilities and equipment;

14 ‘‘(2) the development and acquisition of live,

15 interactive instructional programming;

16 ‘‘(3) the development and acquisition of

17 preservice and inservice teacher training programs

18 based on established research regarding teacher-to19 teacher mentoring, effective skill transfer, and ongo20 ing, in-class instruction;

21 ‘‘(4) the establishment of teleconferencing facili22 ties and resources for making interactive training

23 available to teachers;

24 ‘‘(5) obtaining technical assistance; and
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1 ‘‘(6) the coordination of the design and

2 connectivity of telecommunications networks to reach

3 the greatest number of schools.

4 ‘‘(b) DURATION.—

5 ‘‘(1) IN GENERAL.—The Secretary shall award

6 grants pursuant to subsection (a) for a period of 5

7 years.

8 ‘‘(2) RENEWAL.—Grants awarded pursuant to

9 subsection (a) may be renewed for 1 additional 5-year

10 period.

11 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—

12 ‘‘(1) IN GENERAL.—There are authorized to be

13 appropriated $35,000,000 for fiscal year 1995, and

14 such sums as may be necessary for each of the 4 suc15 ceeding fiscal years, to carry out this part.

16 ‘‘(2) AVAILABILITY.—Funds appropriated pursu17 ant to the authority of subsection (a) shall remain

18 available until expended.

19 ‘‘(d) LIMITATIONS.—

20 ‘‘(1) AMOUNT.—A grant made to an eligible tele21 communications partnership under subsection (a)

22 shall not exceed $5,000,000 in any 1 fiscal year.

23 ‘‘(2) RESERVATIONS.—

24 ‘‘(A) INSTRUCTIONAL PROGRAMMING.—Not

25 less than 25 percent of the funds available to the
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1 Secretary in any fiscal year under this part

2 shall be used for the cost of instructional pro3 gramming.

4 ‘‘(B) FACILITIES AND EQUIPMENT.—Not less

5 than 25 percent of the funds available to the Sec6 retary in any fiscal year under this part shall

7 be used for telecommunications facilities and

8 equipment.

9 ‘‘(3) SPECIAL RULE.—Not less than 50 percent of

10 the funds available in any fiscal year under this part

11 shall be used for the cost of facilities, equipment,

12 teacher training or retraining, technical assistance, or

13 programming, for local educational agencies which

14 are eligible to receive assistance under part A of title

15 I of the Elementary and Secondary Education Act of

16 1965.

17 ‘‘(e) FEDERAL SHARE.—

18 ‘‘(1) IN GENERAL.—The Federal share for any

19 fiscal year shall be not more than 75 percent.

20 ‘‘(2) WAIVER.—The Secretary may reduce or

21 waive the requirements of the non-Federal share re22 quired under paragraph (1) for good cause, as deter23 mined by the Secretary.

24 ‘‘(f) COORDINATION.—The Department, the National

25 Science Foundation, the Department of Agriculture, the De-
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1 partment of Commerce, and any other Federal department

2 or agency operating a telecommunications network for edu3 cational purposes, shall coordinate the activities assisted

4 under this part with the activities of such department or

5 agency relating to a telecommunications network for edu6 cational purposes.

7 ‘‘(g) CLOSED CAPTIONING AND DESCRIPTIVE VIDEO.—

8 Each entity receiving funds under this part is encouraged

9 to provide—

10 ‘‘(1) closed captioning of the verbal content of

11 such program, where appropriate, to be broadcast by

12 way of line 21 of the vertical blanking interval, or by

13 way of comparable successor technologies; and

14 ‘‘(2) descriptive video of the visual content of

15 such program, as appropriate.

16 ‘‘SEC. 3204. ELIGIBLE TELECOMMUNICATIONS PARTNER17 SHIPS.

18 ‘‘(a) IN GENERAL.—In order to be eligible for a grant

19 under this part, an eligible telecommunications partnership

20 shall consist of—

21 ‘‘(1) a public agency or corporation established

22 for the purposes of developing and operating tele23 communications services to enhance educational op24 portunities provided by educational institutions,

25 teacher training centers, and other entities, except
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1 that any such agency or corporation shall represent

2 the interest of elementary and secondary schools

3 which are eligible for assistance under part A of title

4 I; or

5 ‘‘(2) a partnership that will provide tele6 communications services and which includes 3 or

7 more of the following entities, at least 1 of which shall

8 be an agency described in subparagraph (A) or (B):

9 ‘‘(A) a local educational agency serving a

10 significant number of elementary and secondary

11 schools that are eligible for assistance under part

12 A of title I or elementary and secondary schools

13 operated for Indian children by the Department

14 of the Interior under section 1121(c);

15 ‘‘(B) a State educational agency;

16 ‘‘(C) an institution of higher education or a

17 State higher education agency;

18 ‘‘(D) a teacher training center or academy

19 which—

20 ‘‘(i) provides teacher preservice and in21 service training; and

22 ‘‘(ii) receives Federal financial assist23 ance or has been approved by a State agen24 cy;
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1 ‘‘(E)(i) a public or private entity with ex2 perience and expertise in the planning and oper3 ation of a telecommunications service, including

4 entities involved in telecommunications through

5 satellite, cable, telephone or computers; or

6 ‘‘(ii) a public broadcasting entity with such

7 experience; or

8 ‘‘(F) a public or private elementary or sec9 ondary school.

10 ‘‘(b) SPECIAL RULE.—An eligible telecommunications

11 partnership shall be organized on a statewide or multistate

12 basis.

13 ‘‘SEC. 3205. APPLICATIONS.

14 ‘‘(a) APPLICATIONS REQUIRED.—Each eligible tele15 communications partnership which desires to receive a

16 grant under section 3203 shall submit an application to

17 the Secretary, at such time, in such manner, and contain18 ing or accompanied by such information as the Secretary

19 may reasonably require.

20 ‘‘(b) CONTENTS OF THE APPLICATION.—Each applica21 tion submitted pursuant to subsection (a) shall—

22 ‘‘(1) describe the telecommunications facilities

23 and equipment and technical assistance for which as24 sistance is sought, which may include—
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1 ‘‘(A) the design, development, construction,

2 acquisition, maintenance and operation of State

3 or multistate educational telecommunications

4 networks and technology resource centers;

5 ‘‘(B) microwave, fiber optics, cable, and sat6 ellite transmission equipment or any combina7 tion thereof;

8 ‘‘(C) reception facilities;

9 ‘‘(D) satellite time;

10 ‘‘(E) production facilities;

11 ‘‘(F) other telecommunications equipment

12 capable of serving a wide geographic area;

13 ‘‘(G) the provision of training services to

14 instructors who will be using the facilities and

15 equipment for which assistance is sought, includ16 ing training in using such facilities and equip17 ment and training in integrating programs into

18 the classroom curriculum; and

19 ‘‘(H) the development of educational pro20 gramming for use on a telecommunications net21 work;

22 ‘‘(2) in the case of an application for assistance

23 for instructional programming, describe the types of

24 programming which will be developed to enhance in25 struction and training and provide assurances that
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1 such programming will be designed in consultation

2 with professionals (including classroom teachers) who

3 are experts in the applicable subject matter and grade

4 level;

5 ‘‘(3) demonstrate that the eligible telecommuni6 cations partnership has engaged in sufficient survey

7 and analysis of the area to be served to ensure that

8 the services offered by the eligible telecommunications

9 partnership will increase the availability of courses of

10 instruction in mathematics, science, and foreign lan11 guages, as well as other subjects to be offered;

12 ‘‘(4) describe the training policies for teachers

13 and other school personnel to be implemented to en14 sure the effective use of telecommunications facilities

15 and equipment for which assistance is sought;

16 ‘‘(5) provide assurances that the financial inter17 est of the United States in the telecommunications fa18 cilities and equipment will be protected for the useful

19 life of such facilities and equipment;

20 ‘‘(6) provide assurances that a significant por21 tion of any facilities and equipment, technical assist22 ance, and programming for which assistance is sought

23 for elementary and secondary schools will be made

24 available to schools or local educational agencies that
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1 have a high number or percentage of children eligible

2 to be counted under part A of title I;

3 ‘‘(7) describe the manner in which traditionally

4 underserved students, such as students who are dis5 advantaged, limited-English proficient, disabled, or

6 illiterate, will participate in the benefits of the tele7 communications facilities, equipment, technical as8 sistance, and programming assisted under this part;

9 ‘‘(8) provide assurances that the applicant will

10 use the funds provided under this part to supplement

11 and not supplant funds otherwise available for the

12 purposes of this part;

13 ‘‘(9) if any member of the consortia is receiving

14 assistance under section 3122, describe how funds re15 ceived under this part will be coordinated with funds

16 received for educational technology in the classroom

17 under such section;

18 ‘‘(10) describe the activities or services for which

19 assistance is sought, including activities and services

20 such as—

21 ‘‘(A) providing facilities, equipment, train22 ing, services, and technical assistance described

23 in paragraphs (1), (2), (4) and (7);

24 ‘‘(B) making programs accessible to indi25 viduals with disabilities through mechanisms
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1 such as closed captioning and descriptive video

2 services;

3 ‘‘(C) linking networks together, for example,

4 around an issue of national importance, such as

5 national elections;

6 ‘‘(D) sharing curriculum resources between

7 networks and development of program guides

8 which demonstrate cooperative, cross-network

9 listing of programs for specific curriculum areas;

10 ‘‘(E) providing teacher and student support

11 services including classroom and training sup12 port materials which permit student and teacher

13 involvement in the live interactive distance

14 learning telecasts;

15 ‘‘(F) incorporating community resources,

16 such as libraries and museums, into instruc17 tional programs;

18 ‘‘(G) providing teacher training to early

19 childhood development and Head Start teachers

20 and staff;

21 ‘‘(H) providing teacher training to voca22 tional education teachers and staff;

23 ‘‘(I) providing teacher training on proposed

24 or established voluntary national content stand-
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1 ards in mathematics and science and other dis2 ciplines as such standards are developed;

3 ‘‘(J) providing programs for adults to

4 maximize the use of telecommunications facilities

5 and equipment; and

6 ‘‘(K) providing parent education programs

7 during and after the regular school day which

8 reinforce the student’s course of study and ac9 tively involve parents in the learning process;

10 and

11 ‘‘(11) include such additional assurances as the

12 Secretary may reasonably require.

13 ‘‘(c) APPROVAL OF APPLICATION; PRIORITY.—The Sec14 retary, in approving applications under this section, shall

15 give priority to applications which demonstrate that—

16 ‘‘(1) a concentration and quality of mathematics,

17 science, and foreign languages resources which, by

18 their distribution through the eligible telecommuni19 cations partnership, will offer significant new edu20 cational opportunities to network participants, par21 ticularly to traditionally underserved populations

22 and areas with scarce resources and limited access to

23 courses in mathematics, science, and foreign lan24 guages;
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1 ‘‘(2) the eligible telecommunications partnership

2 has secured the direct cooperation and involvement of

3 public and private educational institutions, State and

4 local government, and industry in planning the net5 work and ensuring that there is not needless duplica6 tion of existing information infrastructure;

7 ‘‘(3) the eligible telecommunications partnership

8 will serve the broadest range of institutions, including

9 in the case of elementary and secondary schools, those

10 elementary and secondary schools having a signifi11 cant number of students eligible to be counted under

12 part A of title I, programs providing instruction out13 side of the school setting, institutions of higher edu14 cation, teacher training centers, research institutes,

15 and private industry;

16 ‘‘(4) a significant number of educational institu17 tions have agreed to participate or will participate in

18 the use of the telecommunications system for which

19 assistance is sought;

20 ‘‘(5) the eligible telecommunications partnership

21 will have substantial academic and teaching capabili22 ties, including the capability of training, retraining,

23 and inservice upgrading of teaching skills and the ca24 pability to provide professional development leading
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1 to comprehensive effective instructional strategies,

2 outcomes-based curriculum and parenting practices;

3 ‘‘(6) the eligible telecommunications partnership

4 will—

5 ‘‘(A) provide a comprehensive range of

6 courses for educators to teach instructional strat7 egies for students with different skill levels;

8 ‘‘(B) provide training to participating edu9 cators in ways to integrate telecommunications

10 courses into existing school curriculum; and

11 ‘‘(C) provide instruction for students, teach12 ers, and parents;

13 ‘‘(7) the eligible telecommunications partnership

14 will serve a multistate area;

15 ‘‘(8) the eligible telecommunications partnership

16 will give priority to the provision of equipment and

17 linkages to isolated areas;

18 ‘‘(9) a telecommunications entity (such as a sat19 ellite, cable, telephone, computer, or public or private

20 television stations) will participate in the partnership

21 and will donate equipment or in kind services for

22 telecommunications linkages; and

23 ‘‘(10) the eligible telecommunications partner24 ship will, in providing services with assistance under

25 this part, meet the needs of groups of individuals tra-
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1 ditionally excluded from careers in mathematics and

2 science because of discrimination, inaccessibility, or

3 economically disadvantaged backgrounds.

4 ‘‘(d) GEOGRAPHIC DISTRIBUTION.—In approving ap5 plications under this section, the Secretary shall assure an

6 equitable geographic distribution of grants under this part.

7 ‘‘SEC. 3206. LEADERSHIP AND EVALUATION ACTIVITIES.

8 ‘‘(a) RESERVATION.—From the amount appropriated

9 pursuant to the authority of section 3203(c)(1) in each fis10 cal year, the Secretary may reserve not more than 5 percent

11 of such amount for national leadership, evaluation, and

12 peer review activities.

13 ‘‘(b) METHOD OF FUNDING.—The Secretary may fund

14 the activities described in subsection (a) directly or through

15 grants, contracts, and cooperative agreements.

16 ‘‘(c) USES OF FUNDS.—

17 ‘‘(1) LEADERSHIP.—Funds reserved for leader18 ship activities under subsection (a) may be used for—

19 ‘‘(A) disseminating information, including

20 lists and descriptions of services available from

21 recipients; and

22 ‘‘(B) other activities designed to enhance the

23 quality of distance learning activities nation24 wide.
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1 ‘‘(2) EVALUATION.—Funds reserved for evalua2 tion activities under subsection (a) may be used to

3 conduct independent evaluations of the activities as4 sisted under this part and of distance learning in

5 general, including—

6 ‘‘(A) analyses of distance learning efforts,

7 including such efforts that are assisted under

8 this part and such efforts that are not assisted

9 under this part; and

10 ‘‘(B) comparisons of the effects, including

11 student outcomes, of different technologies in dis12 tance learning efforts.

13 ‘‘(3) PEER REVIEW.—Funds reserved for peer re14 view activities under subsection (a) may be used for

15 peer review of—

16 ‘‘(A) applications for grants under this

17 part; and

18 ‘‘(B) activities assisted under this part.

19 ‘‘SEC. 3207. ADMINISTRATIVE PROVISIONS.

20 ‘‘(a) CONTINUING ELIGIBILITY.—

21 ‘‘(1) IN GENERAL.—In order to be eligible to re22 ceive a grant under section 3203 for a second 5-year

23 grant period an eligible telecommunications partner24 ship shall demonstrate in the application submitted

25 pursuant to section 3205 that such partnership will—
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1 ‘‘(A) continue to provide services in the sub2 ject areas and geographic areas assisted with

3 funds received under this part for the previous 5-

4 year grant period; and

5 ‘‘(B) use all grant funds received under this

6 part for the second 5-year grant period to pro7 vide expanded services by—

8 ‘‘(i) increasing the number of students,

9 schools or school districts served by the

10 courses of instruction assisted under this

11 part in the previous fiscal year;

12 ‘‘(ii) providing new courses of instruc13 tion; and

14 ‘‘(iii) serving new populations of un15 derserved individuals, such as children or

16 adults who are disadvantaged, have limited17 English proficiency, are disabled, are illit18 erate, or lack secondary school diplomas or

19 their recognized equivalent.

20 ‘‘(2) SPECIAL RULES.—Grant funds received

21 pursuant to the application of paragraph (1) shall be

22 used to supplement and not supplant services pro23 vided by the recipient under this part in the previous

24 fiscal year.
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1 ‘‘(b) FEDERAL ACTIVITIES.—The Secretary may assist

2 grant recipients under section 3203 in acquiring satellite

3 time, where appropriate, as economically as possible.

4 ‘‘SEC. 3208. OTHER ASSISTANCE.

5 ‘‘(a) SPECIAL STATEWIDE NETWORK.—

6 ‘‘(1) IN GENERAL.—The Secretary, through the

7 Office of Educational Technology, may provide assist8 ance to a statewide telecommunications network

9 under this subsection if such network—

10 ‘‘(A) provides 2-way full motion interactive

11 video and audio communications;

12 ‘‘(B) links together public colleges and uni13 versities and secondary schools throughout the

14 State; and

15 ‘‘(C) meets any other requirements deter16 mined appropriate by the Secretary.

17 ‘‘(2) STATE CONTRIBUTION.—A statewide tele18 communications network assisted under paragraph

19 (1) shall contribute, either directly or through private

20 contributions, non-Federal funds equal to not less

21 than 50 percent of the cost of such network.

22 ‘‘(b) SPECIAL LOCAL NETWORK.—

23 ‘‘(1) IN GENERAL.—The Secretary may provide

24 assistance, on a competitive basis, to a local edu25 cational agency or consortium thereof to enable such
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1 agency or consortium to establish a high technology

2 demonstration program.

3 ‘‘(2) PROGRAM REQUIREMENTS.—A high tech4 nology demonstration program assisted under para5 graph (1) shall—

6 ‘‘(A) include 2-way full motion interactive

7 video, audio and text communications;

8 ‘‘(B) link together elementary and second9 ary schools, colleges, and universities;

10 ‘‘(C) provide parent participation and fam11 ily programs;

12 ‘‘(D) include a staff development program;

13 and

14 ‘‘(E) have a significant contribution and

15 participation from business and industry.

16 ‘‘(3) SPECIAL RULE.—Each high technology dem17 onstration program assisted under paragraph (1)

18 shall be of sufficient size and scope to have an effect

19 on meeting the National Education Goals.

20 ‘‘(4) MATCHING REQUIREMENT.—A local edu21 cational agency or consortium receiving a grant

22 under paragraph (1) shall provide, either directly or

23 through private contributions, non-Federal matching

24 funds equal to not less than 50 percent of the amount

25 of the grant.
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1 ‘‘(c) TELECOMMUNICATIONS PROGRAMS FOR CONTINU2 ING EDUCATION.—

3 ‘‘(1) AUTHORITY.—The Secretary is authorized

4 to award grants, on a competitive basis, to eligible

5 telecommunications partnerships to enable such part6 nerships to develop and operate one or more programs

7 which provide on-line access to educational resources

8 in support of continuing education and curriculum

9 requirements relevant to achieving a secondary school

10 diploma or its equivalent. The program authorized by

11 this section shall be designed to advance adult lit12 eracy, secondary school completion and the acquisi13 tion of specified competency by the end of the 12th

14 grade, as envisioned by the Goals 2000: Educate

15 America Act.

16 ‘‘(2) APPLICATION.—Each eligible telecommuni17 cations partnership desiring a grant under this sec18 tion shall submit an application to the Secretary.

19 Each such application shall—

20 ‘‘(A) demonstrate that the applicant will

21 use publicly funded or free public telecommuni22 cations infrastructure to deliver video, voice and

23 data in an integrated service to support and as24 sist in the acquisition of a secondary school di25 ploma or its equivalent;
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1 ‘‘(B) assure that the content of the materials

2 to be delivered is consistent with the accredita3 tion requirements of the State for which such

4 materials are used;

5 ‘‘(C) incorporate, to the extent feasible, ma6 terials developed in the Federal departments and

7 agencies and under appropriate federally funded

8 projects and programs;

9 ‘‘(D) assure that the applicant has the tech10 nological and substantive experience to carry out

11 the program; and

12 ‘‘(E) contain such additional assurances as

13 the Secretary may reasonably require.

14 ‘‘SEC. 3209. DEFINITIONS.

15 ‘‘As used in this part—

16 ‘‘(1) the term ‘educational institution’ means an

17 institution of higher education, a local educational

18 agency, or a State educational agency;

19 ‘‘(2) the term ‘instructional programming’

20 means courses of instruction, training courses, and

21 resources used in such instruction and training,

22 which have been prepared in audio and visual form

23 on tape, disc, film, live, and presented by means of

24 telecommunications devices;
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1 ‘‘(3) the term ‘public broadcasting entity’ has the

2 same meaning given that term by section 397 of the

3 Communications Act of 1934; and

4 ‘‘(4) the term ‘State’ means each of the several

5 States, the District of Columbia, the Commonwealth

6 of Puerto Rico, Guam, American Samoa, the Virgin

7 Islands, the Republic of the Marshall Islands, the Fed8 erated States of Micronesia, the Republic of Palau,

9 and the Commonwealth of the Northern Mariana Is10 lands.

11 ‘‘PART C—READY-TO-LEARN TELEVISION

12 ‘‘SEC. 3301. READY-TO-LEARN.

13 ‘‘(a) IN GENERAL.—The Secretary is authorized to

14 enter into contracts, cooperative agreements, or grants with

15 entities described in section 3302(b) to develop, produce,

16 and distribute educational and instructional video pro17 gramming for preschool and elementary school children and

18 their parents in order to facilitate the achievement of the

19 National Education Goals.

20 ‘‘(b) AVAILABILITY.—In making such contracts, coop21 erative agreements, or grants, the Secretary shall ensure

22 that recipients make programming widely available with

23 support materials as appropriate to young children, their

24 parents, child care workers, and Head Start providers to

25 increase the effective use of such programming.
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1 ‘‘SEC. 3302. EDUCATIONAL PROGRAMMING.

2 ‘‘(a) AWARDS.—The Secretary shall award contracts,

3 cooperative agreements, or grants to eligible entities to—

4 ‘‘(1) facilitate the development directly or

5 through contracts with producers of children and fam6 ily educational television programming, educational

7 programming for preschool and elementary school

8 children, and accompanying support materials and

9 services that promote the effective use of such pro10 gramming; and

11 ‘‘(2) contract with entities (such as public broad12 casting entities and those funded under the Star

13 Schools Act) in order that programs developed under

14 this section are disseminated and distributed to the

15 widest possible audience appropriate to be served by

16 the programming by the most appropriate distribu17 tion technologies.

18 ‘‘(b) ELIGIBLE ENTITIES.—To be eligible to receive a

19 contract, cooperative agreement, or grant under subsection

20 (a), an entity shall be—

21 ‘‘(1) a nonprofit entity (including a public tele22 communications entity) able to demonstrate a capac23 ity for the development and distribution of edu24 cational and instructional television programming of

25 high quality for preschool and elementary school chil26 dren; and
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1 ‘‘(2) able to demonstrate a capacity to contract

2 with the producers of children’s television program3 ming for the purpose of developing educational tele4 vision programming of high quality for preschool and

5 elementary school children.

6 ‘‘(c) CULTURAL EXPERIENCES.—Programming devel7 oped under this section shall reflect the recognition of di8 verse cultural experiences and the needs and experiences of

9 both boys and girls in engaging and preparing young chil10 dren for schooling.

11 ‘‘SEC. 3303. DUTIES OF SECRETARY.

12 ‘‘The Secretary is authorized—

13 ‘‘(1) to establish and administer a Special

14 Projects of National Significance program to award

15 contracts, cooperative agreements, or grants to public

16 and nonprofit private entities, or local public tele17 vision stations or such public television stations that

18 are part of a consortium with one or more State edu19 cational agencies, local educational agencies, local

20 schools, institutions of higher education, or commu21 nity-based organizations of demonstrated effectiveness,

22 for the purpose of—

23 ‘‘(A) addressing the learning needs of young

24 children in limited-English proficient households,

25 and developing appropriate educational and in-
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1 structional television programming to foster the

2 school readiness of such children;

3 ‘‘(B) developing programming and support

4 materials to increase family literacy skills

5 among parents to assist parents in teaching their

6 children and utilizing educational television pro7 gramming to promote school readiness; and

8 ‘‘(C) identifying, supporting, and enhanc9 ing the effective use and outreach of innovative

10 programs that promote school readiness;

11 ‘‘(2) to establish within the Department a clear12 inghouse to compile and provide information, refer13 rals and model program materials and programming

14 obtained or developed under this part to parents,

15 child care providers, and other appropriate individ16 uals or entities to assist such individuals and entities

17 in accessing programs and projects under this part;

18 and

19 ‘‘(3) to develop and disseminate training mate20 rials, including—

21 ‘‘(A) interactive programs and programs

22 adaptable to distance learning technologies that

23 are designed to enhance knowledge of children’s

24 social and cognitive skill development and posi25 tive adult-child interactions; and
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1 ‘‘(B) support materials to promote the effec2 tive use of materials developed under paragraph

3 (2);

4 among parents, Head Start providers, in-home and

5 center based day care providers, early childhood devel6 opment personnel, and elementary school teachers,

7 public libraries, and after school program personnel

8 caring for preschool and elementary school children;

9 ‘‘(4) coordinate activities with the Secretary of

10 Health and Human Services in order to—

11 ‘‘(A) maximize the utilization of quality

12 educational programming by preschool and ele13 mentary school children, and make such pro14 gramming widely available to federally funded

15 programs serving such populations; and

16 ‘‘(B) provide information to recipients of

17 funds under Federal programs that have major

18 training components for early childhood develop19 ment, including Head Start, Even Start, and

20 State training activities funded under the Child

21 Care Development Block Grant Act of 1990 re22 garding the availability and utilization of mate23 rials developed under paragraph (3) to enhance

24 parent and child care provider skills in early

25 childhood development and education.
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1 ‘‘SEC. 3304. APPLICATIONS.

2 ‘‘Each eligible entity desiring a contract, cooperative

3 agreement, or grant under section 3301 or 3303 shall sub4 mit an application to the Secretary at such time, in such

5 manner, and accompanied by such information as the Sec6 retary may reasonably require.

7 ‘‘SEC. 3305. REPORTS AND EVALUATION.

8 ‘‘(a) ANNUAL REPORT TO SECRETARY.—An entity re9 ceiving funds under section 3301 shall prepare and submit

10 to the Secretary an annual report which contains such in11 formation as the Secretary may require. At a minimum,

12 the report shall describe the program activities undertaken

13 with funds received under this section, including—

14 ‘‘(1) the programming that has been developed

15 directly or indirectly by the entity, and the target

16 population of the programs developed;

17 ‘‘(2) the support materials that have been devel18 oped to accompany the programming, and the method

19 by which such materials are distributed to consumers

20 and users of the programming;

21 ‘‘(3) the means by which programming developed

22 under this section has been distributed, including the

23 distance learning technologies that have been utilized

24 to make programming available and the geographic

25 distribution achieved through such technologies; and
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1 ‘‘(4) the initiatives undertaken by the entity to

2 develop public-private partnerships to secure non-Fed3 eral support for the development and distribution and

4 broadcast of educational and instructional program5 ming.

6 ‘‘(b) REPORT TO CONGRESS.—The Secretary shall pre7 pare and submit to the relevant committees of Congress a

8 biannual report which includes—

9 ‘‘(1) a summary of the information made avail10 able under section 3302(a); and

11 ‘‘(2) a description of the training materials

12 made available under section 3303(3), the manner in

13 which outreach has been conducted to inform parents

14 and child care providers of the availability of such

15 materials, and the manner in which such materials

16 have been distributed in accordance with such section.

17 ‘‘SEC. 3306. ADMINISTRATIVE COSTS.

18 ‘‘With respect to the implementation of section 3302,

19 entities receiving a contract, cooperative agreement, or

20 grant from the Secretary may use not more than 5 percent

21 of the amounts received under such section for the normal

22 and customary expenses of administering the contract, co23 operative agreement, or grant.
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1 ‘‘SEC. 3307. DEFINITION.

2 ‘‘For the purposes of this part, the term ‘distance

3 learning’ means the transmission of educational or instruc4 tional programming to geographically dispersed individ5 uals and groups via telecommunications.

6 ‘‘SEC. 3308. AUTHORIZATION OF APPROPRIATIONS.

7 ‘‘(a) IN GENERAL.—There are authorized to be appro8 priated to carry out this part, $30,000,000 for fiscal year

9 1995, and such sums as may be necessary for each of the

10 4 succeeding fiscal years. Not less than 60 percent of the

11 amounts appropriated under this subsection for each fiscal

12 year shall be used to carry out section 3302.

13 ‘‘(b) SPECIAL PROJECTS.—Of the amount appro14 priated under subsection (1) for each fiscal year, at least

15 10 percent of such amount shall be utilized in each such

16 fiscal year for activities under section 3303(1)(C).

17 ‘‘PART D—ELEMENTARY MATHEMATICS AND

18 SCIENCE EQUIPMENT PROGRAM

19 ‘‘SEC. 3401. SHORT TITLE.

20 ‘‘This part may be cited as the ‘Elementary Mathe21 matics and Science Equipment Act’.

22 ‘‘SEC. 3402. STATEMENT OF PURPOSE.

23 ‘‘It is the purpose of this part to raise the quality of

24 instruction in mathematics and science in the Nation’s ele25 mentary schools by providing equipment and materials nec-
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1 essary for hands-on instruction through assistance to State

2 and local educational agencies.

3 ‘‘SEC. 3403. PROGRAM AUTHORIZED.

4 ‘‘The Secretary is authorized to make allotments to

5 State educational agencies under section 3404 to enable

6 such agencies to award grants to local educational agencies

7 for the purpose of providing equipment and materials to

8 elementary schools to improve mathematics and science edu9 cation in such schools.

10 ‘‘SEC. 3404. ALLOTMENTS OF FUNDS.

11 ‘‘(a) IN GENERAL.—From the amount appropriated

12 under section 3410 for any fiscal year, the Secretary shall

13 reserve—

14 ‘‘(1) not more than one-half of 1 percent for al15 lotment among Guam, American Samoa, the Virgin

16 Islands, the Northern Mariana Islands, the Republic

17 of the Marshall Islands, the Federated States of Mi18 cronesia, and Palau according to their respective

19 needs for assistance under this part; and

20 ‘‘(2) one-half of 1 percent for programs for In21 dian students served by schools funded by the Sec22 retary of the Interior which are consistent with the

23 purposes of this part.

24 ‘‘(b) ALLOTMENT.—
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1 ‘‘(1) IN GENERAL.—The remainder of the

2 amount so appropriated (after meeting requirements

3 in subsection (a)) shall be allotted among State edu4 cational agencies so that—

5 ‘‘(A) one-half of such remainder shall be

6 distributed by allotting to each State educational

7 agency an amount which bears the same ratio to

8 such one-half of such remainder as the number of

9 children aged 5 to 17, inclusive, in the State

10 bears to the number of such children in all

11 States; and

12 ‘‘(B) one-half of such remainder shall be

13 distributed according to each State’s share of al14 locations under part A of title I.

15 ‘‘(2) MINIMUM.—Except as provided in para16 graph (3), no State educational agency shall receive

17 an allotment under this subsection for any fiscal year

18 in an amount that is—

19 ‘‘(A) less than one-half of 1 percent of the

20 amount made available under this subsection for

21 such fiscal year; or

22 ‘‘(B) less than the amount allotted to such

23 State for fiscal year 1988 under title II of the

24 Education for Economic Security Act.
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1 ‘‘(3) RATABLE REDUCTIONS.—(A) If the sums

2 made available under this part for any fiscal year are

3 insufficient to pay the full amounts that all State

4 educational agencies are eligible to receive under

5 paragraph (2)(B) for such year, the Secretary shall

6 ratably reduce the allotment to such agencies for such

7 year.

8 ‘‘(B) If additional funds become available for

9 making payments under paragraph (2)(B) for such

10 fiscal year, allotments that were reduced under sub11 paragraph (A) shall be increased on the same basis as

12 such allotments were reduced.

13 ‘‘(c) REALLOTMENT OF UNUSED FUNDS.—The amount

14 of any State educational agency’s allotment under sub15 section (b) for any fiscal year to carry out this part which

16 the Secretary determines will not be required for that fiscal

17 year to carry out this part shall be available for reallotment

18 from time to time, on such dates during that year as the

19 Secretary may determine, to other State educational agen20 cies in proportion to the original allotments to those State

21 educational agencies under subsection (b) for that year but

22 with such proportionate amount for any of those other State

23 educational agencies being reduced to the extent it exceeds

24 the sum the Secretary estimates that the State educational

25 agency needs and will be able to use for that year, and the
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1 total of those reductions shall be similarly reallotted among

2 the State educational agencies whose proportionate amounts

3 were not so reduced. Any amounts reallotted to a State edu4 cational agency under this subsection during a year shall

5 be deemed a part of the State educational agency’s allot6 ment under subsection (b) for that year.

7 ‘‘(d) DEFINITION.—For the purposes of this part the

8 term ‘State’ means each of the 50 States, the District of

9 Columbia, and the Commonwealth of Puerto Rico.

10 ‘‘(e) DATA.—The number of children aged 5 to 17, in11 clusive, in the State and in all States shall be determined

12 by the Secretary on the basis of the most recent satisfactory

13 data available to the Secretary.

14 ‘‘SEC. 3405. STATE APPLICATION.

15 ‘‘(a) APPLICATION.—Each State educational agency

16 desiring to receive an allotment under this part shall file

17 an application with the Secretary which covers a period

18 of 5 fiscal years. Such application shall be filed at such

19 time, in such manner, and containing or accompanied by

20 such information as the Secretary may reasonably require.

21 ‘‘(b) CONTENTS OF APPLICATION.—Each application

22 described in subsection (a) shall—

23 ‘‘(1) provide assurances that—

24 ‘‘(A) the State educational agency shall use

25 the allotment provided under this part to award
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1 grants to local educational agencies within the

2 State to enable such local educational agencies to

3 provide assistance to schools served by such agen4 cy to carry out the purpose of this part;

5 ‘‘(B) the State educational agency will pro6 vide such fiscal control and funds accounting as

7 the Secretary may require;

8 ‘‘(C) every public elementary school in the

9 State is eligible to receive assistance under this

10 part once over the 5-year duration of the pro11 gram assisted under this part;

12 ‘‘(D) funds provided under this part will

13 supplement, not supplant, State and local funds

14 made available for activities authorized under

15 this part;

16 ‘‘(E) during the 5-year period described in

17 the application, the State educational agency

18 will evaluate its standards and programs for

19 teacher preparation and inservice professional

20 development for elementary mathematics and

21 science;

22 ‘‘(F) the State educational agency will take

23 into account the needs for greater access to and

24 participation in mathematics and science by stu25 dents and teachers from historically
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1 underrepresented groups, including females, mi2 norities, individuals with limited-English pro3 ficiency, the economically disadvantaged, and in4 dividuals with disabilities; and

5 ‘‘(G) that the needs of teachers and students

6 in areas with high concentrations of low-income

7 students and sparsely populated areas will be

8 given priority in awarding assistance under this

9 part;

10 ‘‘(2) provide, if appropriate, a description of

11 how funds paid under this part will be coordinated

12 with State and local funds and other Federal re13 sources, particularly with respect to programs for the

14 professional development and inservice training of el15 ementary school teachers in science and mathematics;

16 and

17 ‘‘(3) describe procedures—

18 ‘‘(A) for submitting applications for pro19 grams described in section 3406 for distribution

20 of assistance under this part within the State;

21 and

22 ‘‘(B) for approval of applications by the

23 State educational agency, including appropriate

24 procedures to assure that such agency will not
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1 disapprove an application without notice and

2 opportunity for a hearing.

3 ‘‘(c) STATE ADMINISTRATION.—Not more than 5 per4 cent of the funds allotted to each State educational agency

5 under this part shall be used for the administrative costs

6 of such agency associated with carrying out the program

7 assisted under this part.

8 ‘‘SEC. 3406. LOCAL APPLICATION.

9 ‘‘(a) APPLICATION.—A local educational agency that

10 desires to receive a grant under this part shall submit an

11 application to the State educational agency. Each such ap12 plication shall contain assurances that each school served

13 by the local educational agency shall be eligible for assist14 ance under this part only once.

15 ‘‘(b) CONTENTS OF APPLICATION.—Each application

16 described in subsection (a) shall—

17 ‘‘(1) describe how the local educational agency

18 plans to set priorities on the use and distribution

19 among schools of grant funds received under this part

20 to meet the purpose of this part;

21 ‘‘(2) include assurances that the local edu22 cational agency has made every effort to match on a

23 dollar-for-dollar basis from private or public sources

24 the funds received under this part, except that no such

25 application shall be penalized or denied assistance
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1 under this part based on failure to provide such

2 matching funds;

3 ‘‘(3) describe, if applicable, how funds under this

4 part will be coordinated with State, local, and other

5 Federal resources, especially with respect to programs

6 for the professional development and inservice train7 ing of elementary school teachers in science and math8 ematics; and

9 ‘‘(4) describe the process which will be used to

10 determine different levels of assistance to be awarded

11 to schools with different needs.

12 ‘‘(c) PRIORITY.—In awarding grants under this part,

13 the State educational agency shall give priority to applica14 tions that—

15 ‘‘(1) assign highest priority to providing assist16 ance to schools which—

17 ‘‘(A) are most seriously underequipped; or

18 ‘‘(B) serve large numbers or percentages of

19 economically disadvantaged students;

20 ‘‘(2) are attentive to the needs of

21 underrepresented groups in science and mathematics;

22 ‘‘(3) demonstrate how science and mathematics

23 equipment will be part of a comprehensive plan of

24 curriculum planning or implementation and teacher
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1 training supporting hands-on laboratory activities;

2 and

3 ‘‘(4) assign priority to providing equipment and

4 materials for students in grades 1 through 6.

5 ‘‘SEC. 3407. PROGRAM REQUIREMENTS.

6 ‘‘(a) COORDINATION.—Each State educational agency

7 receiving an allotment under this part shall—

8 ‘‘(1) disseminate information to school districts

9 and schools, including private nonprofit elementary

10 schools, regarding the program assisted under this

11 part;

12 ‘‘(2) evaluate applications of local educational

13 agencies;

14 ‘‘(3) award grants to local educational agencies

15 based on the priorities described in section 3406(c);

16 and

17 ‘‘(4) evaluate local educational agencies’ end-of18 year summaries and submit such evaluation to the

19 Secretary.

20 ‘‘(b) LIMITATIONS ON USE OF FUNDS.—

21 ‘‘(1) IN GENERAL.—Except as provided in para22 graph (2), grant funds and matching funds under

23 this part only shall be used to purchase science equip24 ment, science materials, or mathematical manipula25 tive materials and shall not be used for computers,
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1 computer peripherals, software, textbooks, or staff de2 velopment costs.

3 ‘‘(2) CAPITAL IMPROVEMENTS.—Grant funds

4 under this part may not be used for capital improve5 ments. Not more than 50 percent of any matching

6 funds provided by the local educational agency may

7 be used for capital improvements of classroom science

8 facilities to support the hands-on instruction that this

9 part is intended to support, such as the installation

10 of electrical outlets, plumbing, lab tables or counters,

11 or ventilation mechanisms.

12 ‘‘SEC. 3408. FEDERAL ADMINISTRATION.

13 ‘‘(a) TECHNICAL ASSISTANCE AND EVALUATION PRO14 CEDURES.—The Secretary shall provide technical assist15 ance and, in consultation with State and local representa16 tives of the program assisted under this part, shall develop

17 procedures for State and local evaluations of the programs

18 assisted under this part.

19 ‘‘(b) REPORT.—The Secretary shall report to the Con20 gress each year on the program assisted under this part in

21 accordance with section 10701.

22 ‘‘SEC. 3409. AUTHORIZATION OF APPROPRIATIONS.

23 ‘‘There are authorized to be appropriated $30,000,000

24 for fiscal year 1995, and such sums as may be necessary
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1 for each of the 4 succeeding fiscal years, to carry out this

2 part.

3 ‘‘PART E—ELEMENTARY AND SECONDARY

4 SCHOOL LIBRARY MEDIA RESOURCES PROGRAM

5 ‘‘SEC. 3501. PROGRAM AUTHORIZED.

6 ‘‘The Secretary shall award grants or make allocations

7 for the acquisition of school library media resources for the

8 use of students, library media specialists, and teachers in

9 elementary and secondary schools in accordance with this

10 part.

11 ‘‘SEC. 3502. FUNDING REQUIREMENTS.

12 ‘‘(a) IN GENERAL.—From the amount appropriated to

13 carry out part A in each fiscal year, the Secretary shall

14 make available at least 10 percent but not more than 20

15 percent of such amount to make awards in accordance with

16 subsection (b) to States having a plan approved under sec17 tion 3503.

18 ‘‘(b) SPECIAL RULE.—

19 ‘‘(1) AMOUNTS BELOW $50,000,000.—If the

20 amount made available under subsection (a) for a fis21 cal year is less than $50,000,000, then the Secretary

22 shall award grants to States, on a competitive basis,

23 taking into account such factors as age and condition

24 of existing school library media collections and the

25 relative economic need of the students to be served.
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1 ‘‘(2) AMOUNTS EQUAL TO OR EXCEEDING

2 $50,000,000.—If the amount made available under sub3 section (a) for a fiscal year equals or exceeds

4 $50,000,000, then the Secretary shall allocate to each

5 State an amount which bears the same relationship to

6 such amount as the amount such State received under

7 title II for such year bears to the amount all States

8 received under such title for such year.

9 ‘‘SEC. 3503. STATE PLANS.

10 ‘‘In order for a State to receive a grant or an alloca11 tion of funds under this part for any fiscal year, such State

12 shall have in effect for such fiscal year a State plan. Such

13 plan shall—

14 ‘‘(1) designate the State educational agency as

15 the State agency responsible for the administration of

16 the program assisted under this part;

17 ‘‘(2) set forth a program under which funds paid

18 to the State in accordance with section 3502 will be

19 expended solely for—

20 ‘‘(A) acquisition of school library media re21 sources, including books and foreign language re22 sources, for the use of students, school library

23 media specialists, and teachers in elementary

24 and secondary schools in the United States; and
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1 ‘‘(B) administration of the State plan, in2 cluding development and revision of standards,

3 relating to school library media resources, except

4 that the amount used for administration of the

5 State plan in any fiscal year shall not exceed 3

6 percent of the amount available to such State

7 under section 3502 for such fiscal year; and

8 ‘‘(3) set forth criteria to be used in allotting

9 funds for school library media resources among the

10 local educational agencies of the State, which allot11 ment shall take into consideration the relative need of

12 the students, school media specialists, and teachers to

13 be served.

14 ‘‘SEC. 3504. DISTRIBUTION OF ALLOCATION TO LOCAL EDU15 CATIONAL AGENCIES.

16 ‘‘From the funds made available under section 3502

17 to a State in each fiscal year, such State shall distribute

18 not less than 97 percent of such funds for such year to local

19 educational agencies within such State on the same basis

20 as allocations are made available to States under section

21 2122.
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1 ‘‘PART F—BUDDY SYSTEM COMPUTER

2 EDUCATION

3 ‘‘SEC. 3601. SHORT TITLE.

4 ‘‘This part may be cited as the ‘Buddy System Com5 puter Education Act’.

6 ‘‘SEC. 3602. PURPOSE.

7 ‘‘It is the purpose of this part to award demonstration

8 grants to develop and expand public-private partnership

9 programs which extend the learning experience, via comput10 ers, beyond the classroom environment in order to—

11 ‘‘(1) enhance learning by providing students

12 with the technological tools and guidance necessary to

13 develop skills critical to educational growth and suc14 cess in the workplace, including—

15 ‘‘(A) mastery of fundamental computer

16 technology and applications;

17 ‘‘(B) improved written and visual commu18 nication skills;

19 ‘‘(C) improved critical thinking and prob20 lem solving abilities; and

21 ‘‘(D) improved ability to work in a collabo22 rative, teamwork-driven environment;

23 ‘‘(2) encourage parental involvement in edu24 cation and total family use and understanding of

25 computers and telecommunications through at-home

26 applications; and
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1 ‘‘(3) establish foundations for lifelong learning

2 through improvement in education skills and student

3 motivation and attitudes.

4 ‘‘SEC. 3603. GRANT AUTHORIZATION.

5 ‘‘(a) GRANT PROGRAM.—

6 ‘‘(1) IN GENERAL.—The Secretary shall conduct

7 a program of awarding a grant to each of 3 States

8 to enable such States to create a computer-based edu9 cation project for children in grades 4 through 6 in

10 accordance with the requirements of section 3604.

11 ‘‘(2) AWARD BASIS.—The Secretary shall award

12 grants under this part on a competitive basis.

13 ‘‘(3) PREFERENCE.—In awarding grants under

14 this part, the Secretary shall give preference to appli15 cations—

16 ‘‘(A) from States that have a demonstrated

17 ability or commitment to computer-based tech18 nology education; and

19 ‘‘(B) describing projects that serve school

20 districts which serve a large number or percent21 age of economically disadvantaged students.

22 ‘‘(b) SITE SELECTION AND PROJECT IMPLEMENTA23 TION.—Site selection and implementation of the computer24 based education projects assisted under this part shall take

25 place not later than 9 months after funds are appropriated
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1 to carry out this part pursuant to the authority of section

2 3608.

3 ‘‘SEC. 3604. PROGRAM REQUIREMENTS.

4 ‘‘Each State receiving a grant to conduct a computer5 based education project under this part shall—

6 ‘‘(1) provide a continuous 3-year computer-based

7 education project to 2 consecutive groups of 4th, 5th,

8 and 6th grade elementary school students during the

9 period commencing with each such group’s entry into

10 4th grade and ending the summer following each such

11 group’s completion of 6th grade;

12 ‘‘(2) ensure that each student in each of the

13 classes participating in the project shall participate

14 in the project;

15 ‘‘(3) conduct such project in not more than 7

16 public elementary schools within the State; and

17 ‘‘(4) ensure that each student participating in

18 the project shall have access to a computer—

19 ‘‘(A) at school during the school year; and

20 ‘‘(B) at home during the school year and

21 summer.

22 ‘‘SEC. 3605. APPLICATIONS.

23 ‘‘(a) APPLICATION REQUIRED.—In order to receive a

24 grant under this part, the State educational agency shall

25 submit an application to the Secretary in such form and
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1 containing such information as the Secretary may reason2 ably require. Such application shall include an assurance

3 from the State educational agency that the State edu4 cational agency has made every effort to match on a dollar5 for-dollar basis from private or public sources the funds re6 ceived under this part, except that no such application shall

7 be penalized or denied assistance under this part on the

8 basis of the failure to provide such matching funds.

9 ‘‘(b) APPLICATION PERIOD.—States shall be eligible to

10 submit applications for assistance under this part during

11 a 3-month period determined by the Secretary.

12 ‘‘SEC. 3606. USE OF FUNDS.

13 ‘‘Grant funds under this part shall be used to provide

14 hardware and software components to all sites, and train15 ing for classroom teachers as well as parents, administra16 tors and technical personnel.

17 ‘‘SEC. 3607. EVALUATION.

18 ‘‘The Secretary shall evaluate the demonstration pro19 gram assisted under this part and shall report to the Con20 gress regarding the overall effectiveness of such program.

21 ‘‘SEC. 3608. AUTHORIZATION OF APPROPRIATIONS.

22 ‘‘There are authorized to be appropriated $5,000,000

23 for fiscal year 1995, and such sums as may be necessary

24 for each of the 4 succeeding fiscal years, to carry out this

25 part.
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1 ‘‘TITLE IV—MAGNET SCHOOLS

2 ASSISTANCE

3 ‘‘SEC. 4101. FINDINGS.

4 ‘‘The Congress finds that—

5 ‘‘(1) magnet schools are a significant part of our

6 Nation’s effort to achieve voluntary desegregation in

7 our Nation’s schools;

8 ‘‘(2) the use of magnet schools has increased dra9 matically since the date of enactment of the Magnet

10 Schools Assistance program, with approximately

11 1,400,000 students nationwide now attending such

12 schools, of which more than 60 percent of the students

13 are nonwhite;

14 ‘‘(3) magnet schools offer a wide range of distinc15 tive programs that have served as models for school

16 improvement efforts;

17 ‘‘(4) in administering the Magnet Schools Assist18 ance program, the Federal Government has learned

19 that—

20 ‘‘(A) where magnet programs are imple21 mented for only a portion of a school’s student

22 body, special efforts must be made to discourage

23 the isolation of—

24 ‘‘(i) magnet students from other stu25 dents in the school; and
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1 ‘‘(ii) students by racial characteristics;

2 ‘‘(B) school districts can maximize their ef3 fectiveness in achieving the purposes of the Mag4 net Schools Assistance program if such districts

5 have more flexibility in the administration of

6 such program in order to serve students attend7 ing a school who are not enrolled in the magnet

8 school program;

9 ‘‘(C) school districts must be creative in de10 signing magnet schools for students at all aca11 demic levels, so that school districts do not skim

12 off only the highest achieving students to attend

13 the magnet schools;

14 ‘‘(D) consistent with desegregation guide15 lines, school districts must seek to enable partici16 pation in magnet school programs by students

17 who reside in the neighborhoods where the pro18 grams operate; and

19 ‘‘(E) in order to ensure that magnet schools

20 are sustained after Federal funding ends, the

21 Federal Government must assist school districts

22 to improve their capacity to continue to operate

23 magnet schools at a high level of performance;

24 ‘‘(5) it is in the best interest of the Federal Gov25 ernment to—
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1 ‘‘(A) continue the Federal Government’s

2 support of school districts implementing court3 ordered desegregation plans and school districts

4 seeking to foster meaningful interaction among

5 students of different racial and ethnic back6 grounds, beginning at the earliest stage of such

7 students’ education;

8 ‘‘(B) ensure that all students have equitable

9 access to quality education that will prepare

10 such students to function well in a culturally di11 verse, technologically oriented, and highly com12 petitive, global community; and

13 ‘‘(C) maximize the ability of school districts

14 to plan, develop, implement and continue effec15 tive and innovative magnet schools that contrib16 ute to State and local systemic reform.

17 ‘‘SEC. 4102. STATEMENT OF PURPOSE.

18 ‘‘The purpose of this title is to assist in the desegrega19 tion of school districts by providing financial assistance to

20 eligible local educational agencies for—

21 ‘‘(1) the elimination, reduction, or prevention of

22 minority group isolation in elementary and second23 ary schools with substantial proportions of minority

24 students;
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1 ‘‘(2) the development and implementation of

2 magnet school projects that will assist local edu3 cational agencies in achieving systemic reforms and

4 providing all students the opportunity to meet chal5 lenging State content standards and challenging State

6 student performance standards;

7 ‘‘(3) the development and design of innovative

8 educational methods and practices; and

9 ‘‘(4) courses of instruction within magnet schools

10 that will substantially strengthen the knowledge of

11 academic subjects and the grasp of tangible and mar12 ketable vocational skills of students attending such

13 schools.

14 ‘‘SEC. 4103. PROGRAM AUTHORIZED.

15 ‘‘The Secretary, in accordance with this title, is au16 thorized to make grants to local educational agencies, and

17 consortia of such agencies where appropriate, to carry out

18 the purpose of this title for magnet schools that are—

19 ‘‘(1) part of an approved desegregation plan;

20 and

21 ‘‘(2) designed to bring students from different so22 cial, economic, ethnic, and racial backgrounds to23 gether.
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1 ‘‘SEC. 4104. DEFINITION.

2 ‘‘For the purpose of this title, the term ‘magnet school’

3 means a public school or public education center that offers

4 a special curriculum capable of attracting substantial num5 bers of students of different racial backgrounds.

6 ‘‘SEC. 4105. ELIGIBILITY.

7 ‘‘A local educational agency, or consortium of such

8 agencies where appropriate, is eligible to receive assistance

9 under this title to carry out the purposes of this title if

10 such agency or consortium—

11 ‘‘(1) is implementing a plan undertaken pursu12 ant to a final order issued by a court of the United

13 States, or a court of any State, or any other State

14 agency or official of competent jurisdiction, and that

15 requires the desegregation of minority-group-seg16 regated children or faculty in the elementary and sec17 ondary schools of such agency; or

18 ‘‘(2) without having been required to do so, has

19 adopted and is implementing, or will, if assistance is

20 made available to such local educational agency or

21 consortium of such agencies under this part, adopt

22 and implement a plan that has been approved by the

23 Secretary as adequate under title VI of the Civil

24 Rights Act of 1964 for the desegregation of minority25 group-segregated children or faculty in such schools.
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1 ‘‘SEC. 4106. APPLICATIONS AND REQUIREMENTS.

2 ‘‘(a) APPLICATIONS.—An eligible local educational

3 agency or consortium of such agencies desiring to receive

4 assistance under this title shall submit an application to

5 the Secretary at such time, in such manner, and containing

6 such information and assurances as the Secretary may re7 quire.

8 ‘‘(b) INFORMATION AND ASSURANCES.—Each such ap9 plication shall include—

10 ‘‘(1) a description of—

11 ‘‘(A) how assistance made available under

12 this title will be used to promote desegregation,

13 including how the proposed magnet school project

14 will increase interaction among students of dif15 ferent social, economic, ethnic, and racial back16 grounds;

17 ‘‘(B) the manner and extent to which the

18 magnet school project seeks to increase student

19 achievement in the instructional area or areas

20 offered by the school;

21 ‘‘(C) how an applicant will continue the

22 magnet school project after assistance under this

23 title may no longer be available, including, if

24 applicable, an explanation of why magnet

25 schools established or supported by the applicant
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1 with funds under this title cannot be continued

2 without the use of funds under this part;

3 ‘‘(D) how funds under this title will be used

4 to implement services and activities that are con5 sistent with—

6 ‘‘(i) the State plan described in section

7 1111; and

8 ‘‘(ii) the local educational agency’s

9 plan described in section 1112; and

10 ‘‘(E) the criteria to be used in selecting stu11 dents to attend the proposed magnet school

12 projects; and

13 ‘‘(2) assurances that the applicant will—

14 ‘‘(A) use funds under this title for the pur15 poses specified in section 4102;

16 ‘‘(B) employ State certified or licensed

17 teachers in the courses of instruction assisted

18 under this title to teach or supervise others who

19 are teaching the subject matter of the courses of

20 instruction;

21 ‘‘(C) not engage in discrimination based on

22 race, religion, color, national origin, sex, or dis23 ability in—

24 ‘‘(i) the hiring, promotion, or assign25 ment of employees of the agency or other
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1 personnel for whom the agency has any ad2 ministrative responsibility;

3 ‘‘(ii) the assignment of students to

4 schools, or to courses of instruction within

5 the school, of such agency, except to carry

6 out the approved plan; and

7 ‘‘(iii) designing or operating extra8 curricular activities for students;

9 ‘‘(D) carry out a high-quality education

10 program that will encourage greater parental de11 cisionmaking and involvement; and

12 ‘‘(E) give students residing in the local at13 tendance area of the proposed magnet school

14 projects equitable consideration for places in

15 those projects.

16 ‘‘(c) SPECIAL RULE.—No application may be ap17 proved under this section unless the Assistant Secretary of

18 Education for Civil Rights determines that the assurances

19 described in subsection (b)(2)(C) will be met.

20 ‘‘SEC. 4107. PRIORITY.

21 ‘‘In approving applications under this title, the Sec22 retary shall give priority to applicants that—

23 ‘‘(1) demonstrate the greatest need for assistance,

24 based on the expense or difficulty of effectively carry-
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1 ing out an approved desegregation plan and the

2 projects for which assistance is sought;

3 ‘‘(2) propose to carry out new magnet school

4 projects, or significantly revise existing magnet school

5 projects, which include revisions to enable a magnet

6 school to implement effective educational approaches

7 that are consistent with the State’s and the local edu8 cational agency’s State or local improvement plans, if

9 any;

10 ‘‘(3) propose to select students to attend magnet

11 school projects on the basis of multiple criteria which

12 may include a lottery, rather than solely academic ex13 amination; and

14 ‘‘(4) propose to draw on comprehensive commu15 nity involvement plans.

16 ‘‘SEC. 4108. USE OF FUNDS.

17 ‘‘(a) IN GENERAL.—Grant funds made available under

18 this title may be used by an eligible local educational agen19 cy or consortium of such agencies—

20 ‘‘(1) for planning and promotional activities di21 rectly related to the development, expansion, continu22 ation, or enhancement of academic programs and

23 services offered at magnet schools;

24 ‘‘(2) for the acquisition of books, materials, and

25 equipment, including computers and the maintenance
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1 and operation thereof, necessary for the conduct of

2 programs in magnet schools;

3 ‘‘(3) for the payment of, or subsidization of the

4 compensation of, elementary and secondary school

5 teachers who are certified or licensed by the State,

6 and instructional staff, where applicable, and who are

7 necessary for the conduct of programs in magnet

8 schools; and

9 ‘‘(4) with respect to a magnet school program of10 fered to less than the entire student population of a

11 school, for instructional activities that—

12 ‘‘(A) are designed to make available the spe13 cial curriculum that is offered by the magnet

14 school project to students who are enrolled in the

15 school but who are not enrolled in the magnet

16 school program; and

17 ‘‘(B) further the purposes of this title.

18 ‘‘(b) SPECIAL RULE.—Grant funds under this title

19 may be used in accordance with paragraphs (2) and (3)

20 of subsection (a), only if the activities described in such

21 paragraphs are directly related to improving the students’

22 reading skills or knowledge of mathematics, science, history,

23 geography, English, foreign languages, art, or music, or to

24 improving vocational skills.
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1 ‘‘SEC. 4109. PROHIBITIONS.

2 ‘‘Grants under this title may not be used for transpor3 tation, or for any activity that does not augment academic

4 improvement.

5 ‘‘SEC. 4110. LIMITATION ON PAYMENTS.

6 ‘‘(a) DURATION OF AWARDS.—A grant under this title

7 shall be awarded for a period that shall not exceed four fis8 cal years.

9 ‘‘(b) LIMITATION ON PLANNING FUNDS.—

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

11 may expend for planning not more than 50 percent

12 of the funds received under this title for the first year

13 of the project, 25 percent of such funds for the second

14 such year, and 10 percent of such funds for the third

15 such year.

16 ‘‘(2) SPECIAL RULE.—A local educational agency

17 shall not expend funds under this title for planning

18 after the third year of a project assisted under this

19 title.

20 ‘‘(c) FEDERAL SHARE.—

21 ‘‘(1) IN GENERAL.—The Federal share of the cost

22 of any project assisted under this title shall not exceed

23 100 percent for the first and second years of the

24 project, 90 percent for the third such year, and 70

25 percent for the fourth or any subsequent such year in-
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1 cluding any year for which a grant is renewed pursu2 ant to a new grant competition under this title.

3 ‘‘(2) NON-FEDERAL SHARE.—The non-Federal

4 share of the cost of any project assisted under this

5 title may be in cash or in kind, including planned

6 equipment or services, fairly valued, and may include

7 other Federal education funds.

8 ‘‘(d) LIMITATION ON GRANTS.—No local educational

9 agency or consortium receiving a grant under this section

10 shall receive more than $4,000,000 under this part in any

11 one fiscal year.

12 ‘‘(e) AWARD REQUIREMENT.—To the extent prac13 ticable, for any fiscal year, the Secretary shall award grants

14 to local educational agencies or consortia under this title

15 not later than June 30 of the applicable fiscal year.

16 ‘‘SEC. 4111. INNOVATIVE PROGRAMS.

17 ‘‘(a) IN GENERAL.—From amounts reserved under sec18 tion 4112(d) for each fiscal year, the Secretary shall award

19 grants to local educational agencies described in section

20 4105 to enable such agencies to conduct innovative pro21 grams that—

22 ‘‘(1) carry out the purpose of this part; and

23 ‘‘(2) involve strategies other than magnet schools,

24 such as neighborhood or community model schools—
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1 ‘‘(A) organized around a special emphasis,

2 theme or concept; and

3 ‘‘(B) involving extensive parent and com4 munity involvement.

5 ‘‘(b) APPLICABILITY.—Sections 4103, 4106, 4107, and

6 4108, shall not apply to grants awarded under subsection

7 (a).

8 ‘‘(c) APPLICATIONS.—Each local educational agency

9 desiring a grant under this section shall submit an applica10 tion to the Secretary at such time, in such manner, and

11 containing such information and assurances as the Sec12 retary may require.

13 ‘‘SEC. 4112. AUTHORIZATION OF APPROPRIATIONS; RES14 ERVATION.

15 ‘‘(a) AUTHORIZATION.—For the purpose of carrying

16 out this title, there are authorized to be appropriated

17 $120,000,000 for fiscal year 1995 and such sums as may

18 be necessary for each of the 4 succeeding fiscal years.

19 ‘‘(b) AVAILABILITY OF FUNDS FOR GRANTS TO AGEN20 CIES NOT PREVIOUSLY ASSISTED.—In any fiscal year for

21 which the amount appropriated pursuant to subsection (a)

22 exceeds $75,000,000, the Secretary shall give priority to

23 using such amounts in excess of $75,000,000 to award

24 grants to local educational agencies or consortia that did
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1 not receive a grant under this part in the preceding fiscal

2 year.

3 ‘‘(c) EVALUATIONS.—

4 ‘‘(1) IN GENERAL.—The Secretary may reserve

5 not more than two percent of the funds appropriated

6 under subsection (a) for any fiscal year to carry out

7 evaluations of projects assisted under this part.

8 ‘‘(2) CONTENTS.—Each evaluation described in

9 paragraph (1), at a minimum, shall address—

10 ‘‘(A) how and the extent to which magnet

11 school programs lead to educational quality and

12 improvement;

13 ‘‘(B) the extent to which magnet school pro14 grams enhance student access to quality edu15 cation;

16 ‘‘(C) the extent to which magnet school pro17 grams lead to the elimination, reduction, or pre18 vention of minority group isolation in elemen19 tary and secondary schools with substantial pro20 portions of minority students; and

21 ‘‘(D) the extent to which magnet school pro22 grams differ from other school programs in terms

23 of the organizational characteristics and resource

24 allocations of such magnet school programs.
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1 ‘‘(d) INNOVATIVE PROGRAMS.—The Secretary shall re2 serve not more than 5 percent of the funds appropriated

3 under subsection (a) for each fiscal year to award grants

4 under section 4111.

5 ‘‘TITLE V—BETTER SCHOOLS

6 FOR AMERICA

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

8 COMMUNITIES

9 ‘‘SEC. 5101. FINDINGS.

10 ‘‘The Congress finds as follows:

11 ‘‘(1) The seventh National Education Goal pro12 vides that by the year 2000, all schools in America

13 will be free of drugs and violence and the unauthor14 ized presence of firearms and alcohol, and offer a dis15 ciplined environment that is conducive to learning.

16 ‘‘(2) The widespread use of alcohol and other

17 drugs among the Nation’s secondary school students,

18 and increasingly by students in elementary schools as

19 well, constitutes a grave threat to the physical and

20 mental well-being of such students, and significantly

21 impedes the learning process. For example, data show

22 that students who drink tend to receive lower grades

23 and are more likely to miss school because of illness

24 than students who do not drink.
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1 ‘‘(3) Our Nation’s schools and communities are

2 increasingly plagued by violence and crime. Approxi3 mately 3,000,000 thefts and violent crimes occur in or

4 near our Nation’s schools every year, the equivalent of

5 more than 16,000 incidents per school day.

6 ‘‘(4) Violence that is linked to prejudice and in7 tolerance victimizes entire communities leading to

8 more violence and discrimination.

9 ‘‘(5) Violence and drug abuse have numerous

10 personal and societal roots, and character education

11 is an important component of any comprehensive

12 strategy to address the serious problems of violence

13 and drug abuse.

14 ‘‘(6) The tragic consequences of violence and the

15 illegal use of alcohol and other drugs by students are

16 felt not only by students and their families, but by

17 such students’ communities and the Nation, which

18 can ill afford to lose such students’ skills, talents, and

19 vitality.

20 ‘‘(7) Alcohol and tobacco are widely used by

21 young people. Such use can, and does, have adverse

22 consequences for young people, their families, commu23 nities, schools, and colleges. Drug prevention pro24 grams for youth that address only controlled drugs

25 send an erroneous message that alcohol and tobacco
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1 do not present significant problems, or that society is

2 willing to overlook their use. To be credible, messages

3 opposing illegal drug use by youth should address al4 cohol and tobacco as well.

5 ‘‘(8) Every day approximately 3,000 children

6 start smoking. Thirty percent of all secondary school

7 seniors are smokers. Half of all new smokers begin

8 smoking before the age of 14, 90 percent of such smok9 ers begin before the age of 21, and the average age of

10 the first use of smokeless tobacco is under the age of

11 10. Use of tobacco products has been linked to serious

12 health problems. Drug education and prevention pro13 grams that include tobacco have been effective in re14 ducing teenage use of tobacco.

15 ‘‘(9) Drug and violence prevention programs are

16 essential components of a comprehensive strategy to

17 promote school safety and to reduce the demand for

18 and use of drugs throughout the Nation. Schools and

19 local organizations in communities throughout the

20 Nation have a special responsibility to work together

21 to combat the growing epidemic of violence and illegal

22 drug use and should measure the success of their pro23 grams against clearly defined goals and objectives.

24 ‘‘(10) Students must take greater responsibility

25 for their own well-being, health, and safety if schools
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1 and communities are to achieve the goals of providing

2 a safe, disciplined, and drug-free learning environ3 ment.

4 ‘‘SEC. 5102. PURPOSE.

5 ‘‘The purpose of this title is to support programs to

6 meet the seventh National Educational Goal by preventing

7 violence in and around schools and by strengthening pro8 grams that prevent the illegal use of alcohol, tobacco, and

9 other drugs, involve parents, and are coordinated with re10 lated Federal, State, and community efforts and resources,

11 through the provision of Federal assistance to—

12 ‘‘(1) States for grants to local and intermediate

13 educational agencies and consortia to establish, oper14 ate, and improve local programs of school drug and

15 violence prevention, early intervention, rehabilitation

16 referral, and education in elementary and secondary

17 schools (including intermediate and junior high

18 schools);

19 ‘‘(2) States for grants to, and contracts with,

20 community-based organizations and other public and

21 private nonprofit agencies and organizations for pro22 grams of drug and violence prevention, early inter23 vention, rehabilitation referral, and education for

24 school dropouts and other high-risk youth;
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1 ‘‘(3) States for development, training, technical

2 assistance, and coordination activities;

3 ‘‘(4) institutions of higher education to establish,

4 operate, expand, and improve programs of school

5 drug and violence prevention, education, and reha6 bilitation referral for students enrolled in colleges and

7 universities; and

8 ‘‘(5) public and private nonprofit organizations

9 to conduct training, demonstrations, research, and

10 evaluation, and to provide supplementary services for

11 the prevention of drug use and violence among stu12 dents and youth.

13 ‘‘SEC. 5103. AUTHORIZATION OF APPROPRIATIONS.

14 ‘‘There are authorized to be appropriated $660,000,000

15 for fiscal year 1995, and such sums as may be necessary

16 for each of the 4 succeeding fiscal years, to carry out this

17 part, of which not more than 10 percent shall be available

18 in each fiscal year to carry out subpart 2.

19 ‘‘Subpart 1—State Grants for Drug and Violence

20 Prevention Programs

21 ‘‘SEC. 5111. RESERVATIONS AND ALLOTMENTS.

22 ‘‘(a) RESERVATIONS.—From the amount made avail23 able to carry out this subpart for each fiscal year under

24 section 5103, the Secretary—
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1 ‘‘(1) shall reserve 1 percent of such amount for

2 grants under this subpart to Guam, American

3 Samoa, the Virgin Islands, the Commonwealth of the

4 Northern Mariana Islands, the Republic of the Mar5 shall Islands, the Federated States of Micronesia, and

6 Palau, to be allotted in accordance with the Sec7 retary’s determination of their respective needs;

8 ‘‘(2) shall reserve 1 percent of such amount for

9 the Secretary of the Interior to carry out programs

10 under this part for Indian youth;

11 ‘‘(3) shall reserve 0.2 percent of such amount for

12 programs for Native Hawaiians under section 5119;

13 and

14 ‘‘(4) may reserve not more than $1,000,000 for

15 the national impact evaluation required by section

16 5118(a).

17 ‘‘(b) STATE ALLOTMENTS.—

18 ‘‘(1) IN GENERAL.—Except as provided in para19 graph (2), the Secretary shall, for each fiscal year, al20 locate among the States—

21 ‘‘(A) one-half of the remainder not reserved

22 under subsection (a) according to the ratio be23 tween the school-aged population of each State

24 and the school-aged population of all the States;

25 and
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1 ‘‘(B) one-half of such remainder according

2 to the ratio between the amount each State re3 ceived under section 1122 for the preceding year

4 (or, for fiscal year 1995 only, sections 1005 and

5 1006 of this Act as such sections were in exist6 ence on the day preceding the date of enactment

7 of the Improving America’s Schools Act of 1994)

8 and the sum of such amounts received by all the

9 States.

10 ‘‘(2) MINIMUM.—For any fiscal year, no State

11 shall be allotted under this subsection an amount that

12 is less than one-half of 1 percent of the total amount

13 allotted to all the States under this subsection.

14 ‘‘(3) REALLOTMENT.—The Secretary may reallot

15 any amount of any allotment to a State if the Sec16 retary determines that the State will be unable to use

17 such amount within two years of such allotment.

18 Such reallotments may be made by the Secretary in

19 the same manner as allotments are made under para20 graph (1).

21 ‘‘(4) DEFINITIONS.—For the purpose of this sub22 section—

23 ‘‘(A) the term ‘State’ means each of the 50

24 States, the District of Columbia, and the Com25 monwealth of Puerto Rico; and
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1 ‘‘(B) the term ‘local educational agency’ in2 cludes intermediate school districts and consor3 tia.

4 ‘‘SEC. 5112. STATE APPLICATIONS.

5 ‘‘(a) IN GENERAL.—In order to receive an allotment

6 under section 5111 for any fiscal year, a State shall submit

7 to the Secretary, at such time as the Secretary may require,

8 an application that—

9 ‘‘(1) contains the results of the State’s needs as10 sessment for drug and violence prevention programs,

11 which shall be based on the results of on-going State

12 evaluation activities, including data on the prevalence

13 of drug use and violence by youth in schools and com14 munities;

15 ‘‘(2) contains assurances that the application

16 was developed in consultation and coordination with

17 appropriate State officials and others, including the

18 chief State school officer, the head of the State alcohol

19 and drug abuse agency, the heads of the State health

20 and mental health agencies, the head of the State

21 criminal justice planning agency, the head of the

22 State child welfare agency, the head of the State

23 board of education, or their designees, and representa24 tives of parents, students, and community-based orga25 nizations; and
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1 ‘‘(3) contains a description of the procedures the

2 State educational agency will use to review applica3 tions from local educational agencies under section

4 5115.

5 ‘‘(b) STATE EDUCATIONAL AGENCY FUNDS.—A State’s

6 application under this section shall also contain a com7 prehensive plan for the use of funds under section 5113(a)

8 by the State educational agency that includes—

9 ‘‘(1) a statement of the State educational agen10 cy’s measurable goals and objectives for drug and vio11 lence prevention and a description of the procedures

12 such agency will use for assessing and publicly re13 porting progress toward meeting those goals and ob14 jectives;

15 ‘‘(2) a plan for monitoring the implementation

16 of, and providing technical assistance regarding, the

17 drug and violence prevention programs conducted by

18 local educational agencies in accordance with section

19 5116;

20 ‘‘(3) a description of how the State educational

21 agency will use funds such agency reserves under sec22 tion 5113(b);

23 ‘‘(4) a description of how the State educational

24 agency will coordinate such agency’s activities under

25 this subpart with the chief executive officer’s drug and
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1 violence prevention programs under this subpart and

2 with the prevention efforts of other State agencies;

3 and

4 ‘‘(5) an explanation of the criteria the State edu5 cational agency will use to identify which local edu6 cational agencies receive supplemental funds under

7 section 5113(d)(2)(A)(ii) and how the supplemental

8 funds will be allocated among those local educational

9 agencies.

10 ‘‘(c) GOVERNOR’S FUNDS.—A State’s application

11 under this section shall also contain a comprehensive plan

12 for the use of funds under section 5114(a) by the chief execu13 tive officer that includes—

14 ‘‘(1) a statement of the chief executive officer’s

15 measurable goals and objectives for drug and violence

16 prevention and a description of the procedures to be

17 used for assessing and publicly reporting progress to18 ward meeting those goals and objectives;

19 ‘‘(2) a description of how the chief executive offi20 cer will coordinate such officer’s activities under this

21 part with the State educational agency and other

22 State agencies and organizations involved with drug

23 and violence prevention efforts;

24 ‘‘(3) a description of how funds reserved under

25 section 5114(a) will be used so as not to duplicate the
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1 efforts of the State educational agency and local edu2 cational agencies with regard to the provision of

3 school-based prevention efforts and services and how

4 those funds will be used to serve populations not nor5 mally served by the State educational agency, such as

6 school dropouts and youth in detention centers;

7 ‘‘(4) a description of how the chief executive offi8 cer will award funds under section 5114(a) and a

9 plan for monitoring the performance of, and provid10 ing technical assistance to, recipients of such funds;

11 and

12 ‘‘(5) a description of how funds will be used to

13 support community-wide comprehensive drug and vi14 olence prevention planning.

15 ‘‘(d) PEER REVIEW.—The Secretary shall use a peer

16 review process in reviewing State applications under this

17 section.

18 ‘‘(e) INTERIM APPLICATION.—Notwithstanding any

19 other provisions of this section, a State may submit for fis20 cal year 1995 a one-year interim application and plan for

21 the use of funds under this subpart that are consistent with

22 the requirements of this section and contain such informa23 tion as the Secretary may specify in regulations. The pur24 pose of such interim application and plan shall be to afford

25 the State the opportunity to fully develop and review such
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1 State’s application and comprehensive plan otherwise re2 quired by this section. A State may not receive a grant

3 under this subpart for a fiscal year subsequent to fiscal year

4 1995 unless the Secretary has approved such State’s appli5 cation and comprehensive plan in accordance with this sub6 part.

7 ‘‘SEC. 5113. STATE AND LOCAL EDUCATIONAL AGENCY PRO8 GRAMS.

9 ‘‘(a) USE OF FUNDS.—An amount equal to 80 percent

10 of the total amount allocated to a State under section 5111

11 for each fiscal year shall be used by the State educational

12 agency and its local educational agencies for drug and vio13 lence prevention activities in accordance with this section.

14 ‘‘(b) STATE LEVEL PROGRAMS.—

15 ‘‘(1) IN GENERAL.—A State educational agency

16 shall use not more than 5 percent of the amount

17 available under subsection (a) for activities such as—

18 ‘‘(A) training and technical assistance con19 cerning drug and violence prevention for local

20 and intermediate educational agencies, including

21 teachers, administrators, coaches and athletic di22 rectors, other staff, parents, students, community

23 leaders, health service providers, local law en24 forcement officials, and judicial officials;
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1 ‘‘(B) the development, identification, dis2 semination and evaluation of the most readily

3 available, accurate, and up-to-date curriculum

4 materials, for consideration by local educational

5 agencies;

6 ‘‘(C) making available to local educational

7 agencies cost effective programs for youth vio8 lence and drug abuse prevention;

9 ‘‘(D) demonstration projects in drug and vi10 olence prevention;

11 ‘‘(E) training, technical assistance, and

12 demonstration projects to address violence associ13 ated with prejudice and intolerance;

14 ‘‘(F) financial assistance to enhance re15 sources available for drug and violence preven16 tion in areas serving large numbers of economi17 cally disadvantaged children or sparsely popu18 lated areas, or to meet other special needs con19 sistent with the purposes of this subpart; and

20 ‘‘(G) evaluation activities required by this

21 subpart.

22 ‘‘(2) SPECIAL RULE.—A State educational agen23 cy may carry out activities under this subsection di24 rectly, or through grants or contracts.
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1 ‘‘(c) STATE ADMINISTRATION.—A State educational

2 agency may use not more than 5 percent of the amount

3 made available under subsection (a) for the administrative

4 costs of carrying out such agency’s responsibilities under

5 this subpart.

6 ‘‘(d) LOCAL EDUCATIONAL AGENCY PROGRAMS.—

7 ‘‘(1) IN GENERAL.—A State educational agency

8 shall distribute not less than 90 percent of the amount

9 made available under subsection (a) for each fiscal

10 year to local educational agencies in accordance with

11 this subsection.

12 ‘‘(2) DISTRIBUTION.—(A) Of the amount distrib13 uted under subsection (d)(1), a State educational

14 agency shall distribute—

15 ‘‘(i) 70 percent of such amount to local edu16 cational agencies, based on the relative enroll17 ments in public and private nonprofit elemen18 tary and secondary schools within the bound19 aries of such agencies; and

20 ‘‘(ii) 30 percent of such amount to local

21 educational agencies that the State educational

22 agency determines have the greatest need for ad23 ditional funds to carry out drug and violence

24 prevention programs authorized by this subpart.
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1 ‘‘(B)(i) A State educational agency shall distrib2 ute funds under subparagraph (A)(ii) to not more

3 than 10 percent of the local educational agencies in

4 the State, or five such agencies, whichever is greater.

5 ‘‘(ii) In determining which local educational

6 agencies have the greatest need for additional funds,

7 the State educational agency shall consider factors

8 such as—

9 ‘‘(I) high rates of alcohol or other drug use

10 among youth;

11 ‘‘(II) high rates of victimization of youth by

12 violence and crime;

13 ‘‘(III) high rates of arrests and convictions

14 of youth for violent or drug- or alcohol-related

15 crime;

16 ‘‘(IV) the extent of illegal gang activity;

17 ‘‘(V) high incidence of violence associated

18 with prejudice and intolerance;

19 ‘‘(VI) high rates of referrals of youths to

20 drug and alcohol abuse treatment and rehabilita21 tion programs;

22 ‘‘(VII) high rates of referrals of youths to ju23 venile court;

24 ‘‘(VIII) high rates of expulsions and suspen25 sions of students from schools; and
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1 ‘‘(IX) high rates of reported cases of child

2 abuse and domestic violence.

3 ‘‘(e) REALLOCATION OF FUNDS.—If a local edu4 cational agency chooses not to apply to receive the amount

5 allocated to such agency under subsection (d), or if such

6 agency’s application under section 5115 is disapproved by

7 the State educational agency, the State educational agency

8 shall reallocate such amount to one or more of the local edu9 cational agencies determined by the State educational agen10 cy under subsection (d)(2)(B) to have the greatest need for

11 additional funds.

12 ‘‘SEC. 5114. GOVERNOR’S PROGRAMS.

13 ‘‘(a) USE OF FUNDS.—

14 ‘‘(1) IN GENERAL.—An amount equal to 20 per15 cent of the total amount allocated to a State under

16 section 5111 for each fiscal year shall be used by the

17 chief executive officer of such State for drug and vio18 lence prevention programs and activities in accord19 ance with this section.

20 ‘‘(2) ADMINISTRATIVE COSTS.—A chief executive

21 officer may use not more than 5 percent of the

22 amount reserved under subsection (a)(1) for the ad23 ministrative costs incurred in carrying out the duties

24 of such officer under this section.

25 ‘‘(b) PROGRAMS AUTHORIZED.—
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1 ‘‘(1) IN GENERAL.—A chief executive officer shall

2 use funds made available under subsection (a)(1) for

3 grants to or contracts with parent groups, community

4 action and job training agencies, community-based

5 organizations, and other public entities and private

6 nonprofit organizations and consortia thereof. In

7 making such grants and contracts, a chief executive

8 officer shall give priority to programs and activities

9 described in subsection (c) for—

10 ‘‘(A) children and youth who are not nor11 mally served by State or local educational agen12 cies; or

13 ‘‘(B) populations that need special services

14 or additional resources (such as preschoolers,

15 youth in juvenile detention facilities, runaway or

16 homeless children and youth, pregnant and

17 parenting teenagers, and school dropouts).

18 ‘‘(2) PEER REVIEW.—Grants or contracts award19 ed under this subsection shall be subject to a peer re20 view process.

21 ‘‘(c) AUTHORIZED ACTIVITIES.—Grants and contracts

22 under subsection (b) shall be used for programs and activi23 ties such as—

24 ‘‘(1) disseminating information about drug and

25 violence prevention;
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1 ‘‘(2) training parents, law enforcement officials,

2 judicial officials, social service providers, health serv3 ice providers and community leaders about drug and

4 violence prevention, comprehensive health education,

5 early intervention, pupil services, or rehabilitation re6 ferral;

7 ‘‘(3) developing and implementing comprehen8 sive, community-based drug and violence prevention

9 programs that link community resources with schools

10 and integrate services involving education, vocational

11 and job skills training and placement, law enforce12 ment, health, mental health, community service,

13 mentoring, and other appropriate services;

14 ‘‘(4) planning and implementing drug and vio15 lence prevention activities that coordinate the efforts

16 of State agencies with efforts of the State educational

17 agency and its local educational agencies;

18 ‘‘(5) activities to protect students traveling to

19 and from school;

20 ‘‘(6) before-and-after school recreational, instruc21 tional, cultural, and artistic programs that encourage

22 drug- and violence-free lifestyles;

23 ‘‘(7) professional development workshops for

24 teachers and curricula that promote the awareness of

25 and sensitivity to alternatives to violence through
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1 courses of study that include related issues of intoler2 ance and hatred in history;

3 ‘‘(8) developing and implementing activities to

4 prevent and reduce violence associated with prejudice

5 and intolerance;

6 ‘‘(9) developing and implementing strategies to

7 prevent illegal gang activity;

8 ‘‘(10) coordinating and conducting community9 wide violence and safety assessments and surveys;

10 ‘‘(11) age appropriate programs to prevent child

11 abuse;

12 ‘‘(12) activities such as community service and

13 service-learning projects; and

14 ‘‘(13) evaluating programs and activities as15 sisted under this section.

16 ‘‘SEC. 5115. LOCAL APPLICATIONS.

17 ‘‘(a) APPLICATION REQUIRED.—

18 ‘‘(1) IN GENERAL.—In order to be eligible to re19 ceive a distribution under section 5113(d) for any fis20 cal year, a local educational agency shall submit, at

21 such time as the State educational agency requires,

22 an application to the State educational agency for

23 approval. Such an application shall be amended, as

24 necessary, to reflect changes in the local educational

25 agency’s program.
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1 ‘‘(2) DEVELOPMENT.—(A) A local educational

2 agency shall develop its application under subsection

3 (a)(1) in consultation with a local or substate re4 gional advisory council that includes, to the extent

5 possible, representatives of local government, business,

6 parents, students, teachers, pupil services personnel,

7 appropriate State agencies, private schools, the medi8 cal profession, law enforcement, community-based or9 ganizations, and other groups with interest and ex10 pertise in drug and violence prevention.

11 ‘‘(B) In addition to assisting the local edu12 cational agency to develop an application under this

13 section, the advisory council established or designated

14 under paragraph (2)(A) shall, on an ongoing basis—

15 ‘‘(i) disseminate information about drug

16 and violence prevention programs, projects, and

17 activities conducted within the boundaries of the

18 local educational agency;

19 ‘‘(ii) advise the local educational agency on

20 how best to coordinate such agency’s activities

21 under this subpart with other related programs,

22 projects, and activities and the agencies that ad23 minister such programs, projects, and activities;

24 and
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1 ‘‘(iii) review program evaluations and other

2 relevant material and make recommendations to

3 the local educational agency on how to improve

4 such agency’s drug and violence prevention pro5 grams.

6 ‘‘(b) CONTENTS OF APPLICATIONS.—An application

7 under this section shall contain—

8 ‘‘(1) a description of the current alcohol, tobacco,

9 and other drug problems as well as the violence, safe10 ty, prejudice, and discipline problems among students

11 who attend the schools of the applicant (including

12 private school students who participate in the appli13 cant’s drug and violence prevention program);

14 ‘‘(2) a detailed explanation of the local edu15 cational agency’s comprehensive plan for drug and vi16 olence prevention, which shall include a description

17 of—

18 ‘‘(A) how that plan is consistent with, and

19 promotes the goals in, the State’s application

20 under section 5112;

21 ‘‘(B) the local educational agency’s measur22 able goals for drug and violence prevention, and

23 a description of how such agency will assess and

24 publicly report progress toward attaining these

25 goals;
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1 ‘‘(C) how the local educational agency will

2 use its distribution under this subpart;

3 ‘‘(D) how the local educational agency will

4 coordinate such agency’s programs and projects

5 with community-wide efforts to achieve such

6 agency’s goals for drug and violence prevention;

7 and

8 ‘‘(E) how the local educational agency will

9 coordinate such agency’s programs and projects

10 with other Federal, State, and local programs for

11 drug-abuse prevention, including health pro12 grams; and

13 ‘‘(3) such other information and assurances as

14 the State educational agency may reasonably require.

15 ‘‘(c) REVIEW OF APPLICATION.—

16 ‘‘(1) IN GENERAL.—A State educational agency

17 shall use a peer review process in reviewing local ap18 plications under this section.

19 ‘‘(2) CONSIDERATIONS.—(A) In determining

20 whether to approve the application of a local edu21 cational agency under this section, a State edu22 cational agency shall consider the quality of the local

23 educational agency’s comprehensive plan under sub24 section (b)(2) and the extent to which such plan is

25 consistent with, and supports, the State’s application
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1 under section 5112 and the State’s plan under section

2 1111.

3 ‘‘(B) A State educational agency may dis4 approve a local educational agency application under

5 this section in whole or in part and may withhold,

6 limit, or place restrictions on the use of funds distrib7 uted to such a local educational agency in a manner

8 the State educational agency determines will best pro9 mote the purposes of this part or the State’s plan

10 under section 1111.

11 ‘‘SEC. 5116. LOCAL DRUG AND VIOLENCE PREVENTION PRO12 GRAMS.

13 ‘‘(a) PROGRAM REQUIREMENTS.—A local educational

14 agency shall use funds received under this subpart to adopt

15 and carry out a comprehensive drug and violence preven16 tion program which shall—

17 ‘‘(1) be designed, for all students and employees,

18 to—

19 ‘‘(A) prevent the use, possession, and dis20 tribution of tobacco, alcohol and illegal drugs by

21 students and to prevent the illegal use, posses22 sion, and distribution of such substances by em23 ployees;

24 ‘‘(B) prevent violence and promote school

25 safety; and
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1 ‘‘(C) create a disciplined environment con2 ducive to learning; and

3 ‘‘(2) include activities to promote the involve4 ment of parents and coordination with community

5 groups and agencies, including the distribution of in6 formation about the local educational agency’s needs,

7 goals, and programs under this subpart.

8 ‘‘(b) AUTHORIZED ACTIVITIES.—A comprehensive

9 drug and violence prevention program carried out under

10 this subpart may include—

11 ‘‘(1) age-appropriate, developmentally based

12 drug prevention and comprehensive health education

13 programs for all students, from the preschool level

14 through grade 12, that address the legal, social, per15 sonal and health consequences of the use of illegal

16 drugs, promote a sense of individual responsibility,

17 and provide information about effective techniques for

18 resisting peer pressure to use illegal drugs;

19 ‘‘(2) programs of drug prevention, comprehensive

20 health education, early intervention, pupil services,

21 mentoring, or rehabilitation referral, which emphasize

22 students’ sense of individual responsibility and which

23 may include—

24 ‘‘(A) the dissemination of information about

25 drug prevention;
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1 ‘‘(B) the professional development of school

2 personnel, parents, students, law enforcement of3 ficials, judicial officials, health service providers

4 and community leaders in prevention, education,

5 early intervention, pupil services or rehabilita6 tion referral; and

7 ‘‘(C) the implementation of strategies, in8 cluding strategies to integrate the delivery of

9 services from a variety of providers, to combat il10 legal alcohol, tobacco and other drug use, such

11 as—

12 ‘‘(i) family counseling;

13 ‘‘(ii) early intervention activities that

14 prevent family dysfunction, enhance school

15 performance, and boost attachment to school

16 and family; and

17 ‘‘(iii) activities, such as community

18 service and service-learning projects, that

19 are designed to increase students’ sense of

20 community;

21 ‘‘(3) age-appropriate, developmentally based vio22 lence prevention and education programs for all stu23 dents, from the preschool level through grade 12, that

24 address the legal, health, personal, and social con25 sequences of violent and disruptive behavior, includ-
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1 ing sexual harassment and abuse, and victimization

2 associated with prejudice and intolerance, and that

3 include activities designed to help students develop a

4 sense of individual responsibility and respect for the

5 rights of others, and to resolve conflicts without vio6 lence;

7 ‘‘(4) violence prevention programs for school-aged

8 youth, which emphasize students’ sense of individual

9 responsibility and may include—

10 ‘‘(A) the dissemination of information about

11 school safety and discipline;

12 ‘‘(B) the professional development of school

13 personnel, parents, students, law enforcement of14 ficials, judicial officials, and community leaders

15 in designing and implementing strategies to pre16 vent school violence;

17 ‘‘(C) the implementation of strategies, such

18 as conflict resolution and peer mediation, and

19 the use of mentoring programs, to combat school

20 violence and other forms of disruptive behavior,

21 such as sexual harassment and abuse;

22 ‘‘(D) the development and implementation

23 of character education programs that are tai24 lored by communities, parents and schools, and

25 based on the tenets of democracy, self discipline,
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1 and personal and civic responsibility, and guid2 ed by the principles of community and national

3 laws, in order to reduce the problems of violence

4 and drug abuse; and

5 ‘‘(E) comprehensive, community-wide strat6 egies to prevent or reduce illegal gang activities;

7 ‘‘(5) supporting ‘safe zones of passage’ for stu8 dents between home and school through such measures

9 as Drug- and Weapon-Free School Zones, enhanced

10 law enforcement, and neighborhood patrols;

11 ‘‘(6) acquiring and installing metal detectors

12 and hiring security personnel;

13 ‘‘(7) reimbursing law enforcement authorities for

14 their personnel who participate in school violence pre15 vention activities;

16 ‘‘(8) professional development workshops for

17 teachers and other staff and curricula that promote

18 the awareness of and sensitivity to alternatives to vio19 lence through courses of study that include related is20 sues of intolerance and hatred in history;

21 ‘‘(9) the promotion of before-and-after school rec22 reational, instructional, cultural, and artistic pro23 grams in supervised community settings;

24 ‘‘(10) drug abuse resistance education programs,

25 designed to teach students to recognize and resist
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1 pressures to use alcohol or other drugs, which may in2 clude activities such as classroom instruction by uni3 formed law enforcement officers, resistance techniques,

4 resistance to peer pressure and gang pressure, and

5 provision for parental involvement; and

6 ‘‘(11) the evaluation of any of the activities au7 thorized under this subsection.

8 ‘‘(c) LIMITATIONS.—

9 ‘‘(1) IN GENERAL.—Not more than 10 percent of

10 the funds made available to a local educational agen11 cy under this subpart may be used to carry out the

12 activities described in paragraphs (5), (6), and (7) of

13 subsection (b).

14 ‘‘(2) SPECIAL RULE.—A local educational agency

15 shall only be able to use funds received under this

16 subpart for activities described in paragraphs (5),

17 (6), and (7), of subsection (b) if funding for such ac18 tivities is not received from other Federal agencies.

19 ‘‘SEC. 5117. EVALUATION AND REPORTING.

20 ‘‘(a) NATIONAL IMPACT EVALUATION.—

21 ‘‘(1) BIENNIAL EVALUATION.—The Secretary, in

22 consultation with the Secretary of Health and

23 Human Services, the Director of the Office of Na24 tional Drug Control Policy, and the Attorney Gen25 eral, shall conduct an independent biennial evalua-
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1 tion of the national impact of programs assisted

2 under this subpart and of other recent and new ini3 tiatives to combat violence in schools and submit a re4 port of the findings of such evaluation to the Presi5 dent and the Congress.

6 ‘‘(2) DATA COLLECTION.—

7 ‘‘(A) COLLECTION.—The Secretary shall col8 lect data to determine the frequency, seriousness,

9 and incidence of violence in elementary and sec10 ondary schools in the States. The Secretary shall

11 collect the data using, wherever appropriate,

12 data submitted by the States pursuant to sub13 section (b)(2)(B).

14 ‘‘(B) REPORT.—Not later than January 1,

15 1998, the Secretary shall submit to the Congress

16 a report on the data collected under this sub17 section, together with such recommendations as

18 the Secretary determines appropriate, including

19 estimated costs for implementing any rec20 ommendation.

21 ‘‘(b) STATE REPORT.—

22 ‘‘(1) IN GENERAL.—By October 1, 1997, and

23 every third year thereafter, the chief executive officer

24 of the State, in cooperation with the State educational

25 agency, shall submit to the Secretary a report—
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1 ‘‘(A) on the implementation and outcomes

2 of State programs under section 5114 and sec3 tion 5113(b) and local programs under section

4 5113(d), as well as an assessment of their effec5 tiveness; and

6 ‘‘(B) on the State’s progress toward attain7 ing its goals for drug and violence prevention

8 under subsections (b)(1) and (c)(1) of section

9 5112.

10 ‘‘(2) SPECIAL RULE.—The report required by

11 this subsection shall be—

12 ‘‘(A) in the form specified by the Secretary;

13 ‘‘(B) based on the State’s on-going evalua14 tion activities, and shall include data on the

15 prevalence of drug use and violence by youth in

16 schools and communities; and

17 ‘‘(C) made readily available to the public.

18 ‘‘(c) LOCAL EDUCATIONAL AGENCY REPORT.—Each

19 local educational agency receiving funds under this subpart

20 shall submit to the State educational agency whatever infor21 mation, and at whatever intervals, the State requires to

22 complete the State report required by subsection (b), includ23 ing information on the prevalence of drug use and violence

24 by youth in the schools and the community. Such informa25 tion shall be made readily available to the public.
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1 ‘‘SEC. 5118. PROGRAMS FOR HAWAIIAN NATIVES.

2 ‘‘(a) GENERAL AUTHORITY.—From the funds made

3 available pursuant to section 5111(a)(3) to carry out this

4 section, the Secretary shall make grants to or enter into

5 cooperative agreements or contracts with organizations pri6 marily serving and representing Hawaiian natives which

7 are recognized by the Governor of the State of Hawaii to

8 plan, conduct, and administer programs, or portions there9 of, which are authorized by and consistent with the provi10 sions of this title for the benefit of Hawaiian natives.

11 ‘‘(b) DEFINITION OF ‘HAWAIIAN NATIVE’.—For the

12 purposes of this section, the term ‘Hawaiian native’ means

13 any individual any of whose ancestors were natives, prior

14 to 1778, of the area which now comprises the State of Ha15 waii.

16 ‘‘Subpart 2—National Programs

17 ‘‘SEC. 5121. FEDERAL ACTIVITIES.

18 ‘‘(a) PROGRAM AUTHORIZED.—From funds made

19 available to carry out this subpart under section 5103, the

20 Secretary, in consultation with the Secretary of Health and

21 Human Services, the Director of the Office of National

22 Drug Control Policy, Chair of the Ounce of Prevention

23 Council, and the Attorney General, shall carry out pro24 grams to prevent the illegal use of drugs and violence

25 among, and promote safety and discipline for, students at

26 all educational levels, prekindergarten through postsecond-
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1 ary. The Secretary shall carry out such programs directly,

2 or through grants, contracts, or cooperative agreements with

3 public and private nonprofit organizations and individ4 uals, or through agreements with other Federal agencies,

5 and shall coordinate such programs with other appropriate

6 Federal activities. Such programs may include—

7 ‘‘(1) the development and demonstration of inno8 vative strategies for training school personnel, par9 ents, and members of the community, including the

10 demonstration of model preservice training programs

11 for prospective school personnel;

12 ‘‘(2) demonstrations and rigorous evaluations of

13 innovative approaches to drug and violence preven14 tion;

15 ‘‘(3) drug and violence prevention research that

16 is coordinated with other Federal agencies and is di17 rected toward improving programs and activities

18 under this part;

19 ‘‘(4) program evaluations in accordance with

20 section 10701 that address issues not addressed under

21 section 5117(a);

22 ‘‘(5) direct services to schools and school systems

23 afflicted with especially severe drug and violence

24 problems;
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1 ‘‘(6) activities in communities designated as

2 empowerment zones or enterprise communities that

3 will connect schools to community-wide efforts to re4 duce drug and violence problems;

5 ‘‘(7) the development of education and training

6 programs, curricula, instructional materials, and

7 professional training and development for preventing

8 and reducing the incidence of crimes and conflicts

9 motivated by hate in localities most directly affected

10 by hate crimes;

11 ‘‘(8) developing and disseminating drug and vio12 lence prevention materials, including model curricula;

13 and

14 ‘‘(9) other activities that meet unmet national

15 needs related to the purposes of this part.

16 ‘‘(b) PEER REVIEW.—The Secretary shall use a peer

17 review process in reviewing applications for funds under

18 this section.

19 ‘‘SEC. 5122. GRANTS TO INSTITUTIONS OF HIGHER EDU20 CATION.

21 ‘‘(a) IN GENERAL.—From funds made available to

22 carry out this subpart under section 5103, the Secretary

23 is authorized to make grants to, or enter into contracts

24 with, institutions of higher education, or consortia of such

25 institutions, for drug and violence prevention programs
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1 under this section. Awards under this section shall support

2 the development, implementation, validation, and dissemi3 nation of model programs and strategies to promote the

4 safety of students attending institutions of higher education

5 by preventing violent behavior and the illegal use of alcohol

6 and other drugs by such students.

7 ‘‘(b) APPLICATIONS.—An institution of higher edu8 cation, or consortium of such institutions, that desires to

9 receive an award under this section shall submit an appli10 cation to the Secretary at such time, in such manner, and

11 containing such information as the Secretary may reason12 ably require. The Secretary shall use a peer review process

13 for reviewing applications for funds under this section.

14 ‘‘(c) EQUITABLE PARTICIPATION.—The Secretary shall

15 make every reasonable effort to ensure the equitable partici16 pation in the activities assisted under this section of private

17 and public institutions of higher education (including com18 munity and junior colleges), institutions of limited enroll19 ment, and institutions in different geographic regions.

20 ‘‘Subpart 3—General Provisions

21 ‘‘SEC. 5131. DEFINITIONS.

22 ‘‘For the purposes of this part, the following terms have

23 the following meanings:

24 ‘‘(1) The term ‘drug and violence prevention’

25 means—
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1 ‘‘(A) with respect to drugs, prevention, early

2 intervention, rehabilitation referral, or education

3 related to the illegal use of alcohol and the use

4 of controlled, illegal, addictive, or harmful sub5 stances, including inhalants and anabolic

6 steroids;

7 ‘‘(B) prevention, early intervention, smok8 ing cessation activities, or education, related to

9 the use of tobacco; and

10 ‘‘(C) with respect to violence, the promotion

11 of school safety, such that students and school

12 personnel are free from violent and disruptive

13 acts, including sexual harassment and abuse,

14 and victimization associated with prejudice and

15 intolerance, on school premises, going to and

16 from school, and at school-sponsored activities,

17 through the creation and maintenance of a school

18 environment that is free of weapons and fosters

19 individual responsibility and respect for the

20 rights of others.

21 ‘‘(2) The term ‘hate crime’ means a crime as de22 scribed in section 1(b) of the Hate Crime Statistics

23 Act of 1990.

24 ‘‘(3) The term ‘nonprofit’, as applied to a school,

25 agency, organization, or institution means a school,
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1 agency, organization, or institution owned and oper2 ated by one or more nonprofit corporations or asso3 ciations, no part of the net earnings of which inures,

4 or may lawfully inure, to the benefit of any private

5 shareholder or individual.

6 ‘‘(4) The term ‘school-aged population’ means the

7 population aged five through 17, as determined by the

8 Secretary on the basis of the most recent satisfactory

9 data available from the Department of Commerce.

10 ‘‘(5) The term ‘school personnel’ includes teach11 ers, administrators, guidance counselors, social work12 ers, psychologists, nurses, librarians, and other sup13 port staff who are employed by a school or who per14 form services for the school on a contractual basis.

15 ‘‘SEC. 5132. MATERIALS.

16 ‘‘(a) ‘WRONG AND HARMFUL’ MESSAGE.—Drug pre17 vention programs supported under this part shall convey

18 a clear and consistent message that the illegal use of alcohol

19 and other drugs is wrong and harmful.

20 ‘‘(b) CURRICULUM.—The Secretary shall not prescribe

21 the use of specific curricula for programs supported under

22 this part, but may evaluate the effectiveness of such curric23 ula and other strategies in drug and violence prevention.

24 ‘‘SEC. 5133. PROHIBITED USES OF FUNDS.

25 ‘‘No funds under this part may be used for—
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1 ‘‘(1) construction (except for minor remodeling

2 needed to accomplish the purposes of this part); and

3 ‘‘(2) medical services, except for pupil services or

4 referral to treatment for students who are victims of

5 or witnesses to crime or who use alcohol, tobacco, or

6 other drugs.

7 ‘‘PART B—ASSISTANCE TO ADDRESS SCHOOL

8 DROPOUT PROBLEMS

9 ‘‘SEC. 5201. SHORT TITLE.

10 ‘‘This part may be cited as the ‘School Dropout Assist11 ance Act’.

12 ‘‘SEC. 5202. PURPOSE.

13 ‘‘The purpose of this part is to reduce the number of

14 children who do not complete their elementary and second15 ary education by providing grants to local educational

16 agencies to establish—

17 ‘‘(1) effective programs to identify potential stu18 dent dropouts, including pregnant and parenting

19 teenagers, and prevent such students from dropping

20 out of school;

21 ‘‘(2) effective programs to identify and encourage

22 children who have already dropped out to reenter

23 school and complete their elementary and secondary

24 education;
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1 ‘‘(3) effective early intervention programs de2 signed to identify at-risk students in elementary and

3 secondary schools; and

4 ‘‘(4) model systems for collecting and reporting

5 information to local school officials on the number,

6 ages, sex, race or ethnicity, and grade levels of the

7 children not completing their elementary and second8 ary education and the reasons why such children have

9 dropped out of school.

10 ‘‘SEC. 5203. GRANTS TO LOCAL EDUCATIONAL AGENCIES.

11 ‘‘(a) ALLOTMENT TO CATEGORIES OF LOCAL EDU12 CATIONAL AGENCIES.—From the amount appropriated

13 under section 5208 for any fiscal year, the Secretary shall

14 first reserve not more than $2,000,000 for the purposes of

15 evaluating programs carried out with assistance under this

16 part in accordance with section 10701. From the remaining

17 amount, the Secretary shall allot the following percentages

18 to each of the following categories of local educational agen19 cies:

20 ‘‘(1) Local educational agencies administering

21 schools with a total enrollment of 100,000 or more ele22 mentary and secondary school students shall be allot23 ted 25 percent of such remaining amount.

24 ‘‘(2) Local educational agencies administering

25 schools with a total enrollment of at least 20,000 but
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1 less than 100,000 elementary and secondary school

2 students shall be allotted 40 percent of such remain3 ing amount.

4 ‘‘(3) Local educational agencies administering

5 schools with a total enrollment of less than 20,000 ele6 mentary and secondary school students shall be allot7 ted 30 percent of such remaining amount. Grants

8 may be made under this paragraph to educational

9 service agencies and consortia of not more than 5

10 local educational agencies in any case in which the

11 total enrollment of the largest such local educational

12 agency is less than 20,000 elementary and secondary

13 students. Such agencies and consortia may also apply

14 in conjunction with the State educational agency. Not

15 less than 20 percent of funds available under this

16 paragraph shall be awarded to local educational

17 agencies administering schools with a total enrollment

18 of less than 2,000 elementary and secondary school

19 students.

20 ‘‘(4) Community-based organizations shall be al21 lotted 5 percent of such remaining amount. Grants

22 under this category shall be made after consultation

23 between the community-based organization and the

24 local educational agency that is to benefit from such

25 a grant.
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1 ‘‘(b) SPECIAL CONSIDERATION.—

2 ‘‘(1) IN GENERAL.—The Secretary shall give spe3 cial consideration to awarding funds available for

4 each category described in paragraphs (1), (2), and

5 (3) of subsection (a) to local educational agencies par6 ticipating in an educational partnership.

7 ‘‘(2) EDUCATIONAL PARTNERSHIPS.—Edu8 cational partnerships under this subsection shall in9 clude—

10 ‘‘(A) a local educational agency; and

11 ‘‘(B) a business concern or business organi12 zation, community-based organization, nonprofit

13 private organization, institution of higher edu14 cation, State educational agency, State or local

15 public agency, private industry council (estab16 lished under the Job Training Partnership Act),

17 museum, library, or educational television or

18 broadcasting station.

19 ‘‘(c) AWARD OF GRANT.—From the amount allotted for

20 any fiscal year to a category of local educational agencies

21 under subsection (a), the Secretary shall award as many

22 grants as practicable within each such category to local edu23 cational agencies and educational partnerships whose ap24 plications have been approved by the Secretary for such fis25 cal year under section 5204 and whose applications propose
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1 a program of sufficient size, scope, and quality to be effec2 tive. Any local educational agency, educational partner3 ship, or community-based organization that has received a

4 grant under this part shall be eligible for additional funds

5 subject to the requirements under this part. The grants shall

6 be made under such terms and conditions as the Secretary

7 shall prescribe consistent with the provisions of this part.

8 ‘‘(d) USE OF FUNDS WHEN NOT FULLY ALLOTTED TO

9 CATEGORIES UNDER SUBSECTION (a).—

10 ‘‘(1) IN GENERAL.—Whenever the Secretary de11 termines that the full amount of the sums allotted

12 under any category set forth under subsection (a) will

13 not be required for applications of the local edu14 cational agencies in the case of categories described in

15 paragraphs (1) through (3) of subsection (a), the Sec16 retary shall make the amount not so required avail17 able to another category under subsection (a). In car18 rying out the provisions of this subsection, the Sec19 retary shall assure that the transfer of amounts from

20 one category to another is made to a category in

21 which there is the greatest need for funds.

22 ‘‘(2) PEER REVIEW.—In order to transfer funds

23 under this subsection, the Secretary shall use a peer

24 review process to determine that such excess funds are

25 not needed to fund projects in particular categories
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1 and shall prepare a list of the categories in which

2 funds were not fully expended and the reasons there3 for, and make such list available to local educational

4 agencies and educational partnerships, upon request.

5 The Secretary may use the peer review process to de6 termine grant recipients of funds transferred in ac7 cordance with this subsection.

8 ‘‘(e) FEDERAL SHARE.—

9 ‘‘(1) FEDERAL SHARE.—The Federal share of a

10 grant under this part may not exceed—

11 ‘‘(A) 90 percent of the total cost of a project

12 for the first year for which the project receives

13 assistance under this part; and

14 ‘‘(B) 75 percent of such cost in each such

15 succeeding fiscal year.

16 ‘‘(2) REMAINING COSTS.—The remaining cost of

17 a project that receives assistance under this part may

18 be paid from any source other than funds made avail19 able under this part, except that not more than 10

20 percent of the remaining cost in any fiscal year may

21 be provided from Federal sources other than this part.

22 ‘‘(3) NON-FEDERAL SHARE.—The share of pay23 ments from sources other than funds made available

24 under this part may be in cash or in kind fairly eval25 uated, including plant, equipment or services.
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1 ‘‘SEC. 5204. APPLICATION.

2 ‘‘(a) APPLICATION REQUIRED.—

3 ‘‘(1) IN GENERAL.—A grant under this part may

4 be made only to a local educational agency or an edu5 cational partnership which submits an application to

6 the Secretary containing such information as may be

7 required by the Secretary by regulation.

8 ‘‘(2) DURATION.—Each such application shall be

9 for a 3-year period.

10 ‘‘(b) CONTENTS.—Each such application shall—

11 ‘‘(1) provide documentation of—

12 ‘‘(A) the number of children who were en13 rolled in the schools of the applicant for the 5

14 academic years prior to the date application is

15 made who have not completed their elementary

16 or secondary education and who are classified as

17 school dropouts; and

18 ‘‘(B) the percentage that such number of

19 children is of the total school-age population in

20 the applicant’s schools;

21 ‘‘(2) include a plan for the development and im22 plementation of a school dropout information collec23 tion and reporting system for documenting the extent

24 and nature of the dropout problem, which system

25 shall collect and cross tabulate data, where feasible, by
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1 sex according to race or ethnicity and socioeconomic

2 status;

3 ‘‘(3) include a plan for coordinated activities in4 volving at least 1 secondary school and its feeder jun5 ior high or middle schools and elementary schools for

6 local educational agencies that have feeder systems;

7 ‘‘(4) when applicable, describe how programs as8 sisted under this part will be coordinated with, and

9 not duplicate, programs assisted under title I;

10 ‘‘(5) include a description of how the program

11 assisted under this part is consistent with the second

12 National Education Goal and other Federal programs

13 as appropriate; and

14 ‘‘(6) contain such other information as the Sec15 retary considers necessary to determine the nature of

16 the local needs, the quality of the proposed project,

17 and the capability of the applicant to carry out the

18 project.

19 ‘‘(c) PRIORITY.—The Secretary shall, in approving ap20 plications under this section, give priority to applications

21 which both show the replication of successful programs con22 ducted in other local educational agencies or the expansion

23 of successful programs within a local educational agency

24 and reflect very high numbers or very high percentages of
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1 school dropouts in the schools of the applicant in each cat2 egory described in section 5203(a).

3 ‘‘(d) SPECIAL CONSIDERATION.—The Secretary shall

4 give additional special consideration to applications that

5 include—

6 ‘‘(1) provisions which emphasize early interven7 tion services designed to identify at-risk students in

8 elementary or early secondary schools; and

9 ‘‘(2) provisions for significant parental involve10 ment.

11 ‘‘(e) GRANTS FOR NEW GRANTEES.—In awarding

12 grants under this part the Secretary shall utilize only those

13 priorities and special considerations described in sub14 sections (c) and (d).

15 ‘‘SEC. 5205. AUTHORIZED ACTIVITIES.

16 ‘‘Grants under this part shall be used to carry out

17 plans set forth in applications approved under section 5204.

18 In addition, grants may be used for educational, occupa19 tional, and basic skills testing services and activities, in20 cluding, but not limited to—

21 ‘‘(1) the establishment of systemwide or school22 level policies, procedures, and plans for dropout pre23 vention and school reentry;

24 ‘‘(2) the development and implementation of ac25 tivities, including extended day or summer programs,
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1 designed to address poor achievement, basic skills de2 ficiencies, language deficiencies, or course failures, in

3 order to assist students at risk of dropping out of

4 school and students reentering school;

5 ‘‘(3) the establishment or expansion of work6 study, apprentice, or internship programs;

7 ‘‘(4) the use of resources of the community, in8 cluding contracting with public or private entities or

9 community-based organizations of demonstrated per10 formance, to provide services to the grant recipient or

11 the target population;

12 ‘‘(5) the evaluation and revision of program

13 placement of students at risk;

14 ‘‘(6) the evaluation of program effectiveness of

15 dropout programs;

16 ‘‘(7) the development and implementation of pro17 grams for traditionally underserved groups of stu18 dents;

19 ‘‘(8) the implementation of activities which will

20 improve student motivation and the school learning

21 environment;

22 ‘‘(9) the provision of training for school person23 nel on strategies and techniques designed to—

24 ‘‘(A) identify children at risk of dropping

25 out;
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1 ‘‘(B) intervene in the instructional program

2 with support and remedial services;

3 ‘‘(C) develop realistic expectations for stu4 dent performance; and

5 ‘‘(D) improve student-staff interactions;

6 ‘‘(10) the study of the relationship between drugs

7 and dropouts and between youth gangs and dropouts,

8 and the coordination of dropout prevention and re9 entry programs with appropriate drug prevention

10 and community organizations for the prevention of

11 youth gangs;

12 ‘‘(11) the study of the relationship between dis13 abling conditions and student dropouts;

14 ‘‘(12) the study of the relationship between the

15 dropout rate for gifted and talented students com16 pared to the dropout rate for the general student en17 rollment;

18 ‘‘(13) the use of educational telecommunications

19 and broadcasting technologies and educational mate20 rials designed to extend, motivate, and reinforce

21 school, community, and home dropout prevention and

22 reentry activities;

23 ‘‘(14) the development and implementation of ef24 forts to identify and address factors in a student’s de-
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1 cision to drop out of school that are related to gender

2 and family roles;

3 ‘‘(15) the provision of other educational, occupa4 tional and testing services and activities which di5 rectly relate to the purpose of this part;

6 ‘‘(16) activities which offer jobs and college ad7 missions for successful completion of the program for

8 which assistance is sought;

9 ‘‘(17) summer employment programs;

10 ‘‘(18) occupational training programs;

11 ‘‘(19) career opportunity and skills counseling;

12 ‘‘(20) job placement services;

13 ‘‘(21) the development of skill employment com14 petency testing programs;

15 ‘‘(22) special school staff training projects; and

16 ‘‘(23) mentoring programs.

17 ‘‘SEC. 5206. DISTRIBUTION OF ASSISTANCE; LIMITATION

18 ON COSTS.

19 ‘‘(a) DISTRIBUTION OF ASSISTANCE.—The Secretary

20 shall ensure that, to the extent practicable, in approving

21 grant applications under this part—

22 ‘‘(1) grants are equitably distributed on a geo23 graphic basis within each category set forth in section

24 5203(a);
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1 ‘‘(2) the amount of a grant to a local educational

2 agency for a fiscal year is proportionate to the extent

3 and severity of the local school dropout problem;

4 ‘‘(3) not less than 30 percent of the amount

5 available for grants in each fiscal year is used for ac6 tivities relating to school dropout prevention; and

7 ‘‘(4) not less than 30 percent of the amount

8 available for grants in each fiscal year is used for ac9 tivities relating to persuading school dropouts to re10 turn to school and assisting former school dropouts

11 with specialized services once school dropouts return

12 to school.

13 ‘‘(b) ADMINISTRATIVE COSTS.—Not more than 5 per14 cent of any grant made under this part may be used for

15 administrative costs.

16 ‘‘SEC. 5207. REPORTS.

17 ‘‘(a) ANNUAL REPORTS.—The Secretary shall submit

18 to the Congress a report by January 1 of each year, begin19 ning on January 1, 1995, which sets forth the progress of

20 the Commissioner of Education Statistics, established under

21 section 14003(b), to implement a definition and data collec22 tion process for school dropouts in elementary and second23 ary schools, including statistical information for the num24 ber and percentage of elementary and secondary school stu-
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1 dents by race and ethnic origin who drop out of school each

2 year including dropouts—

3 ‘‘(1) throughout the Nation by rural and urban

4 location as defined by the Secretary; and

5 ‘‘(2) in each of the individual States and the

6 District of Columbia.

7 ‘‘(b) RECOMMENDATIONS.—The report under sub8 section (a) shall also contain recommendations on ways in

9 which the Federal Government, States and localities can

10 further support the implementation of an effective methodol11 ogy to accurately measure dropout and retention rates on

12 the national, State, and local levels.

13 ‘‘SEC. 5208. AUTHORIZATION OF APPROPRIATIONS.

14 ‘‘There are authorized to be appropriated $50,000,000

15 for fiscal year 1995, and such sums as may be necessary

16 for each of the 4 succeeding fiscal years, to carry out this

17 part.

18 ‘‘TITLE VI—INDIAN EDUCATION

19 ‘‘SEC. 6001. FINDINGS.

20 ‘‘The Congress finds that—

21 ‘‘(1) the Federal Government has a special re22 sponsibility to ensure that educational programs for

23 all American Indian and Alaska Native children and

24 adults—
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1 ‘‘(A) are based on high-quality, internation2 ally competitive content standards and student

3 performance standards and build on Indian cul4 ture and the Indian community;

5 ‘‘(B) assist local educational agencies, In6 dian tribes, and other entities and individuals in

7 providing Indian students the opportunity to

8 achieve such standards; and

9 ‘‘(C) meet the special educational and cul10 turally related academic needs of American In11 dian and Alaska Native students;

12 ‘‘(2) since the date of enactment of the initial In13 dian Education Act in 1972, the level of involvement

14 of Indian parents in the planning, development, and

15 implementation of educational programs that affect

16 such parents and their children has increased signifi17 cantly, and schools should continue to foster such in18 volvement;

19 ‘‘(3) although the number of Indian teachers, ad20 ministrators, and university professors has increased

21 since 1972, teacher training programs are not recruit22 ing, training, or retraining a sufficient number of In23 dian individuals as educators to meet the needs of a

24 growing Indian student population in elementary,

25 secondary, vocational, adult, and higher education;
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1 ‘‘(4) the dropout rate for Indian students is un2 acceptably high, for example, nine percent of Indian

3 students who were eighth graders in 1988 had already

4 dropped out of school by 1990;

5 ‘‘(5) during the period from 1980 to 1990, the

6 percentage of Indian individuals living at or below

7 the poverty level increased from 24 percent to 31 per8 cent, and the readiness of Indian children to learn is

9 hampered by the high incidence of poverty, unemploy10 ment, and health problems among Indian children

11 and their families; and

12 ‘‘(6) research related specifically to the education

13 of Indian children and adults is very limited, and

14 much of the research is of poor quality or is focused

15 on limited local or regional issues.

16 ‘‘SEC. 6002. PURPOSE.

17 ‘‘(a) PURPOSE.—It is the purpose of this title to sup18 port the efforts of local educational agencies, Indian tribes

19 and organizations, postsecondary institutions, and other

20 entities to meet the special educational and culturally relat21 ed academic needs of American Indians and Alaska Na22 tives, so that such students can achieve to the same challeng23 ing State performance standards expected of all students.
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1 ‘‘(b) PROGRAMS.—This title carries out the purpose de2 scribed in subsection (a) by authorizing programs of direct

3 assistance for—

4 ‘‘(1) meeting the special educational and cul5 turally related academic needs of American Indians

6 and Alaska Natives;

7 ‘‘(2) the education of Indian children and adults;

8 ‘‘(3) the training of Indian persons as educators

9 and counselors, and in other professions serving In10 dian people; and

11 ‘‘(4) research, evaluation, data collection, and

12 technical assistance.

13 ‘‘PART A—FORMULA GRANTS TO LOCAL

14 EDUCATIONAL AGENCIES

15 ‘‘SEC. 6101. PURPOSE.

16 ‘‘It is the purpose of this part to support local edu17 cational agencies in their efforts to reform elementary and

18 secondary school programs that serve Indian students in

19 order to ensure that such programs—

20 ‘‘(1) are based on challenging State content

21 standards and State student performance standards

22 that are used for all students; and

23 ‘‘(2) are designed to assist Indian students meet

24 those standards and assist the Nation in reaching the

25 National Education Goals.
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1 ‘‘SEC. 6102. GRANTS TO LOCAL EDUCATIONAL AGENCIES.

2 ‘‘(a) IN GENERAL.—A local educational agency shall

3 be eligible for a grant under this part for any fiscal year

4 if the number of Indian children who are eligible under sec5 tion 6106 and were enrolled in the schools of such agency

6 and to whom the agency provided a free public education,

7 during the preceding fiscal year—

8 ‘‘(1) was at least 10; or

9 ‘‘(2) constituted not less than 25 percent of the

10 total number of individuals enrolled in the schools of

11 such agency.

12 ‘‘(b) INDIAN TRIBES.—If a local educational agency

13 that is eligible for a grant under this part does not apply

14 for such grant, an Indian tribe that has children who are

15 served by such local educational agency may apply for such

16 grant.

17 ‘‘SEC. 6103. AMOUNT OF GRANTS.

18 ‘‘(a) AMOUNT OF GRANT AWARDS.—

19 ‘‘(1) IN GENERAL.—Except as provided in sub20 section (b) and paragraph (2), the Secretary shall al21 locate to each local educational agency with respect to

22 which the Secretary has approved an application

23 under this part an amount equal to the product of—

24 ‘‘(A) the number of Indian children who are

25 eligible under section 6106 and served by such

26 agency; and
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1 ‘‘(B) the greater of—

2 ‘‘(i) the average per-pupil expenditure

3 of the State in which such agency is located;

4 or

5 ‘‘(ii) 80 percent of the average per6 pupil expenditure in the United States.

7 ‘‘(2) REDUCTION.—The Secretary shall reduce

8 the amount of each allocation determined under para9 graph (1) in accordance with subsection (e).

10 ‘‘(b) MINIMUM GRANT.—A local educational agency or

11 an Indian tribe (as authorized under section 6102(b)) that

12 is eligible for a grant under section 6102, and a school that

13 is operated or supported by the Bureau of Indian Affairs

14 that is eligible for a grant under subsection (d), that sub15 mits an application that is approved by the Secretary,

16 shall, subject to appropriations, receive a grant under this

17 part in an amount that is not less than $4,000.

18 ‘‘(c) DEFINITION.—For the purpose of this section, the

19 average per-pupil expenditure of a State shall be an amount

20 equal to—

21 ‘‘(1) the sum of the aggregate current expendi22 tures of all the local educational agencies in the State,

23 plus any direct current expenditures by the State for

24 the operation of such agencies, without regard to the

25 sources of funds from which such local or State ex-
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1 penditures were made, during the second fiscal year

2 preceding the fiscal year for which the computation is

3 made; divided by

4 ‘‘(2) the aggregate number of children who were

5 included in average daily attendance for whom such

6 agencies provided free public education during such

7 preceding fiscal year.

8 ‘‘(d) SCHOOLS OPERATED OR SUPPORTED BY THE BU9 REAU OF INDIAN AFFAIRS.—

10 ‘‘(1) IN GENERAL.—In addition to the grants

11 awarded under subsection (a), and subject to para12 graph (2), the Secretary shall allocate to the Secretary

13 of the Interior an amount equal to the product of—

14 ‘‘(A) the total number of Indian children

15 enrolled in schools that are operated by—

16 ‘‘(i) the Bureau of Indian Affairs; or

17 ‘‘(ii) an Indian tribe, or an organiza18 tion controlled or sanctioned by an Indian

19 tribal government, for the children of such

20 tribe under a contract with, or grant from,

21 the Department of the Interior under the

22 Indian Self-Determination Act or the Trib23 ally Controlled Schools Act of 1988 (part B

24 of title V of the Augustus F. Hawkins-Rob25 ert T. Stafford Elementary and Secondary
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1 School Improvement Amendments of 1988);

2 and

3 ‘‘(B) the greater of—

4 ‘‘(i) the average per-pupil expenditure

5 of the State in which the school is located;

6 or

7 ‘‘(ii) 80 percent of the average per8 pupil expenditure in the United States.

9 ‘‘(2) TRANSFER.— The Secretary shall transfer

10 the amount determined under paragraph (1), subject

11 to any reduction that may be necessary under sub12 section (e), to the Secretary of the Interior in accord13 ance with, and subject to, section 10205.

14 ‘‘(e) RATABLE REDUCTIONS.—If the sums appro15 priated for any fiscal year under section 6602(a) are insuf16 ficient to pay in full the amounts determined for local edu17 cational agencies under subsection (a)(1) and for the Sec18 retary of the Interior under subsection (d), each of those

19 amounts shall be ratably reduced.

20 ‘‘SEC. 6104. APPLICATIONS.

21 ‘‘(a) APPLICATION REQUIRED.—Each local edu22 cational agency that desires to receive a grant under this

23 part shall submit an application to the Secretary at such

24 time, in such manner, and containing such information as

25 the Secretary may reasonably require.
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1 ‘‘(b) COMPREHENSIVE PROGRAM REQUIRED.—Each

2 application submitted under subsection (a) shall include a

3 comprehensive program for meeting the needs of Indian

4 children served by the local educational agency, including

5 the language and cultural needs of the children, that—

6 ‘‘(1) provides programs and activities to meet the

7 culturally related academic needs of American Indian

8 and Alaska Native students;

9 ‘‘(2) explains how Federal, State, and local pro10 grams, especially programs under title I, will meet

11 the needs of such children;

12 ‘‘(3) demonstrates how funds made available

13 under this part will be used for activities described in

14 section 6105;

15 ‘‘(4) describes the professional development op16 portunities that will be provided, as needed, to ensure

17 that—

18 ‘‘(A) teachers and other school professionals

19 who are new to the Indian community are pre20 pared to work with Indian children; and

21 ‘‘(B) all teachers who will be involved in the

22 program assisted under this part have been

23 properly trained to carry out such program; and

24 ‘‘(5) describes how the local educational agen25 cy—
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1 ‘‘(A) will periodically assess the progress of

2 all Indian children enrolled in the schools of the

3 local educational agency, including Indian chil4 dren who do not participate in programs as5 sisted under this part, in meeting the goals de6 scribed in paragraph (2);

7 ‘‘(B) will provide the results of each assess8 ment referred to in subparagraph (A) to—

9 ‘‘(i) the committee of parents described

10 in subsection (c)(4); and

11 ‘‘(ii) the community served by the local

12 educational agency; and

13 ‘‘(C) is responding to findings of any pre14 vious assessments that are similar to the assess15 ments described in subparagraph (A).

16 ‘‘(c) ASSURANCES.—Each application submitted

17 under subparagraph (a) shall include assurances that—

18 ‘‘(1) the local educational agency will use funds

19 received under this part only to supplement the level

20 of funds that, in the absence of the Federal funds

21 made available under this part, such agency would

22 make available for the education of Indian children,

23 and not to supplant such funds;

24 ‘‘(2) the local educational agency will submit

25 such reports to the Secretary, in such form and con-
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1 taining such information, as the Secretary may re2 quire to—

3 ‘‘(A) carry out the functions of the Sec4 retary under this part; and

5 ‘‘(B) determine the extent to which funds

6 provided to the local educational agency under

7 this part are effective in improving the edu8 cational achievement of Indian students served

9 by such agency;

10 ‘‘(3) the program for which assistance is

11 sought—

12 ‘‘(A) is based on a local assessment and

13 prioritization of the special educational and cul14 turally related academic needs of the American

15 Indian and Alaska Native students for whom the

16 local educational agency is providing an edu17 cation;

18 ‘‘(B) will use the best available talents and

19 resources, including individuals from the Indian

20 community; and

21 ‘‘(C) was developed by such agency in open

22 consultation with parents of Indian children and

23 teachers, and, if appropriate, Indian students

24 from secondary schools, including public hear25 ings held by such agency to provide the individ-
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1 uals described in this subparagraph a full oppor2 tunity to understand the program and to offer

3 recommendations regarding the program; and

4 ‘‘(4) the local educational agency developed the

5 program with the participation and written approval

6 of a committee—

7 ‘‘(A) that is composed of, and selected by—

8 ‘‘(i) Indian parents of Indian children

9 in the schools of the local educational agen10 cy, and teachers; and

11 ‘‘(ii) if appropriate, Indian students

12 attending secondary schools;

13 ‘‘(B) the membership of which is at least

14 three-fourths Indian parents of Indian children;

15 ‘‘(C) that sets forth such policies and proce16 dures, including policies and procedures relating

17 to the hiring of personnel, as will ensure that the

18 program for which assistance is sought will be

19 operated and evaluated in consultation with, and

20 with the involvement of, parents of the children,

21 and representatives of the area, to be served;

22 ‘‘(D) with respect to an application describ23 ing a schoolwide program in accordance with

24 section 6105(c), has—

25 ‘‘(i) reviewed the program; and
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1 ‘‘(ii) determined that the program will

2 not diminish the availability of culturally

3 related activities for American Indians and

4 Alaskan Native students; and

5 ‘‘(E) has adopted reasonable bylaws for the

6 conduct of the activities of the committee and

7 abides by such bylaws.

8 ‘‘SEC. 6105. AUTHORIZED SERVICES AND ACTIVITIES.

9 ‘‘(a) GENERAL REQUIREMENTS.—Each local edu10 cational agency that receives a grant under this part shall

11 use the grant funds, in a manner consistent with the pur12 pose specified in section 6101, for services and activities

13 that—

14 ‘‘(1) are designed to carry out the comprehensive

15 plan of the local educational agency for Indian stu16 dents, and described in the application of the local

17 educational agency submitted to the Secretary under

18 section 6104(b);

19 ‘‘(2) are designed with special regard for the lan20 guage and cultural needs of the Indian students; and

21 ‘‘(3) supplement and enrich the regular school

22 program of such agency.

23 ‘‘(b) PARTICULAR ACTIVITIES.—The services and ac24 tivities referred to in subsection (a) may include—
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1 ‘‘(1) culturally related activities that support the

2 program described in the application submitted by

3 the local educational agency;

4 ‘‘(2) early childhood and family programs that

5 emphasize school readiness;

6 ‘‘(3) enrichment programs that focus on problem7 solving and cognitive skills development and directly

8 support the attainment of challenging State content

9 standards and State student performance standards;

10 ‘‘(4) integrated educational services in combina11 tion with other programs that meet the needs of In12 dian children and their families;

13 ‘‘(5) school-to-work transition activities to enable

14 Indian students to participate in programs such as

15 the programs supported by the School-to-Work Oppor16 tunities Act of 1994 and the Carl D. Perkins Voca17 tional and Applied Technology Education Act, in18 cluding programs for technical preparation,

19 mentoring, and apprenticeship;

20 ‘‘(6) activities to educate individuals concerning

21 substance abuse and to prevent substance abuse; and

22 ‘‘(7) the acquisition of equipment, but only if the

23 acquisition of the equipment is essential to meet the

24 purpose described in section 6101.
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1 ‘‘(c) SCHOOLWIDE PROGRAMS.—Notwithstanding any

2 other provision of law, a local educational agency may use

3 funds made available to the agency under this part to sup4 port a schoolwide program under section 1114 if—

5 ‘‘(1) at least 50 percent of the enrollment of the

6 school that is the subject of the schoolwide program is

7 comprised of Indian children;

8 ‘‘(2) the committee composed of parents estab9 lished pursuant to section 6104(c)(4) approves the use

10 of the funds for the schoolwide program; and

11 ‘‘(3) the schoolwide program is consistent with

12 the purpose described in section 6101.

13 ‘‘SEC. 6106. STUDENT ELIGIBILITY AND FORMS.

14 ‘‘(a) IN GENERAL.—The Secretary shall require that,

15 as part of an application for a grant under this part, each

16 applicant shall maintain a file, with respect to each Indian

17 child for whom the local educational agency provides a free

18 public education, that contains a form that sets forth infor19 mation establishing the status of the child as an Indian

20 child eligible for assistance under this part and that other21 wise meets the requirements of subsection (b).

22 ‘‘(b) FORMS.—

23 ‘‘(1) IN GENERAL.—The form described in sub24 section (a) shall include—

25 ‘‘(A) either—
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1 ‘‘(i)(I) the name of the tribe or band of

2 Indians (as defined in section 6601(4)) with

3 respect to which the child claims member4 ship;

5 ‘‘(II) the enrollment number establish6 ing the membership of the child (if readily

7 available); and

8 ‘‘(III) the name and address of the or9 ganization that maintains updated and ac10 curate membership data for such tribe or

11 band of Indians; or

12 ‘‘(ii) if the child is not a member of a

13 tribe or band of Indians, the name, the en14 rollment number (if readily available), and

15 the organization (and address thereof) re16 sponsible for maintaining updated and ac17 curate membership rolls of any parent or

18 grandparent of the child from whom the

19 child claims eligibility;

20 ‘‘(B) a statement of whether the tribe or

21 band of Indians with respect to which the child,

22 parent or grandparent of the child claims mem23 bership is federally recognized;

24 ‘‘(C) the name and address of the parent or

25 legal guardian of the child;
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1 ‘‘(D) a signature of the parent or legal

2 guardian of the child that verifies the accuracy

3 of the information supplied; and

4 ‘‘(E) any other information that the Sec5 retary considers necessary to provide an accurate

6 program profile.

7 ‘‘(2) MINIMUM INFORMATION.—In order for a

8 child to be eligible to be counted for the purpose of

9 computing the amount of a grant award made under

10 section 6103, an eligibility form prepared pursuant to

11 this section for a child shall include—

12 ‘‘(A) the name of the child;

13 ‘‘(B) the name of the tribe or band of Indi14 ans (as defined in section 6601(4)) with respect

15 to which the child claims eligibility; and

16 ‘‘(C) the dated signature of the parent or

17 guardian of the child.

18 ‘‘(3) FAILURE.—The failure of an applicant to

19 furnish any information described in this subsection

20 other than the information described in paragraph

21 (2) with respect to any child shall have no bearing on

22 the determination of whether the child is an eligible

23 Indian child for the purposes of determining the

24 amount of a grant award made under section 6103.
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1 ‘‘(c) STATUTORY CONSTRUCTION.—Nothing in this

2 subsection shall be construed to affect a definition contained

3 in section 6601.

4 ‘‘(d) FORMS AND STANDARDS OF PROOF.—The forms

5 and the standards of proof (including the standard of good

6 faith compliance) that were in use during the 1985–1986

7 academic year to establish the eligibility of a child for enti8 tlement under the Indian Elementary and Secondary

9 School Assistance Act shall be the forms and standards of

10 proof used—

11 ‘‘(1) to establish such eligibility; and

12 ‘‘(2) to meet the requirements of subsection (a).

13 ‘‘(e) DOCUMENTATION.—For purposes of determining

14 whether a child is eligible to be counted for the purpose of

15 computing the amount of a grant under section 6103, the

16 membership of the child, or any parent or grandparent of

17 the child, in a tribe or band of Indians may be established

18 by proof other than an enrollment number, notwithstanding

19 the availability of an enrollment number for a member of

20 such tribe, band, or group. Nothing in subsection (b) shall

21 be construed to require the furnishing of an enrollment

22 number.

23 ‘‘(f) MONITORING AND EVALUATION REVIEW.—

24 ‘‘(1) IN GENERAL.—(A) For each fiscal year, in

25 order to provide such information as is necessary to
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1 carry out the responsibility of the Secretary to pro2 vide technical assistance under this part, the Sec3 retary shall conduct a monitoring and evaluation re4 view of a sampling of the recipients of grants under

5 this part. The sampling conducted under this sub6 paragraph shall take into account size of the local

7 educational agency and the geographic location of

8 such agency.

9 ‘‘(B) Notwithstanding any other provision of

10 law, a local educational agency may not be held liable

11 to the United States or be subject to any penalty, by

12 reason of the findings of an audit that relates to the

13 date of completion, or the date of submission, of any

14 forms used to establish, before April 28, 1988, the eli15 gibility of a child for entitlement under the Indian

16 Elementary and Secondary School Assistance Act.

17 ‘‘(2) FALSE INFORMATION.—Any local edu18 cational agency that provides false information in an

19 application for a grant under this subpart shall—

20 ‘‘(A) be ineligible to apply for any other

21 grant under this part; and

22 ‘‘(B) be liable to the United States for any

23 funds provided to the local educational agency

24 that have not been expended.
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1 ‘‘(3) EXCLUDED CHILDREN.—A student who pro2 vides false information for the form required under

3 subsection (d) shall not be counted for the purpose of

4 computing the amount of a grant under section 6103.

5 ‘‘(g) DISTRIBUTION.—For the purposes of the distribu6 tion of funds under this part to schools that receive funding

7 from the Bureau of Indian Affairs pursuant to—

8 ‘‘(1) section 1130 of the Education Amendments

9 of 1978; and

10 ‘‘(2) the Act of April 16, 1934 (48 Stat. 596,

11 chapter 147),

12 the Secretary shall, in lieu of meeting the requirements of

13 this section for counting Indian children, use a count of

14 the number of students in such schools certified by the Bu15 reau of Indian Affairs.

16 ‘‘SEC. 6107. PAYMENTS.

17 ‘‘(a) IN GENERAL.—Subject to subsections (b) and (c),

18 the Secretary shall pay to each local educational agency

19 that submits an application that is approved by the Sec20 retary under this part the amount determined under section

21 6103. The Secretary shall notify the local educational agen22 cy of the amount of the payment not later than June 1

23 of the year for which the Secretary makes the payment.

24 ‘‘(b) PAYMENTS TAKEN INTO ACCOUNT BY THE

25 STATE.—The Secretary may not make a grant under this
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1 part to a local educational agency for a fiscal year if, for

2 such fiscal year, the State in which the local educational

3 agency is located takes into consideration payments made

4 under this part (or under subpart 1 of the Indian Edu5 cation Act of 1988) in determining the eligibility of the

6 local educational agency for State aid, or the amount of

7 the State aid, with respect to the free public education of

8 children during such fiscal year or the preceding fiscal year.

9 ‘‘(c) REDUCTION OF PAYMENT FOR FAILURE TO MAIN10 TAIN FISCAL EFFORT.—

11 ‘‘(1) IN GENERAL.—The Secretary may not pay

12 a local educational agency the full amount of a grant

13 award determined under section 6103 for any fiscal

14 year unless the State educational agency notifies the

15 Secretary, and the Secretary determines, that with re16 spect to the provision of free public education by the

17 local educational agency for the preceding fiscal year,

18 the combined fiscal effort of the local educational

19 agency, computed on either a per student or aggregate

20 expenditure basis was not less than 90 percent of the

21 amount of the combined fiscal effort, computed on the

22 same basis, for the second preceding fiscal year.

23 ‘‘(2) FAILURE.—If, for any fiscal year, the Sec24 retary determines that a local educational agency

25 failed to maintain the fiscal effort of such agency at
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1 the level specified in paragraph (1), the Secretary

2 shall—

3 ‘‘(A) reduce the amount of the grant that

4 would otherwise be made to the agency under

5 this part in the exact proportion of such agency’s

6 failure to maintain its fiscal effort at such level;

7 and

8 ‘‘(B) not use the reduced amount of the

9 agency’s expenditures for the preceding year to

10 determine compliance with paragraph (1) for

11 any succeeding fiscal year, but shall use the

12 amount of expenditures that would have been re13 quired to comply with paragraph (1).

14 ‘‘(3) WAIVER.—(A) The Secretary may waive the

15 requirement of paragraph (1), for not more than one

16 year at a time, if the Secretary determines that the

17 failure to comply with such requirement is due to ex18 ceptional or uncontrollable circumstances, such as a

19 natural disaster or a precipitous and unforeseen de20 cline in the agency’s financial resources.

21 ‘‘(B) The Secretary shall not use the reduced

22 amount of such agency’s expenditures for the fiscal

23 year preceding the fiscal year for which a waiver is

24 granted to determine compliance with paragraph (1)

25 for any succeeding fiscal year, but shall use the
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1 amount of expenditures that would have been required

2 to comply with paragraph (1) in the absence of the

3 waiver.

4 ‘‘(d) REALLOCATIONS.—The Secretary may reallocate,

5 in a manner that the Secretary determines will best carry

6 out the purpose of this part, any amounts that—

7 ‘‘(1) based on estimates made by local edu8 cational agencies or other information, the Secretary

9 determines will not be needed by such agencies to

10 carry out approved programs under this part; or

11 ‘‘(2) otherwise become available for reallocation

12 under this part.

13 ‘‘PART B—SPECIAL PROGRAMS AND PROJECTS

14 TO IMPROVE EDUCATIONAL OPPORTUNITIES

15 FOR INDIAN CHILDREN

16 ‘‘SEC. 6201. IMPROVEMENT OF EDUCATIONAL OPPORTUNI17 TIES FOR INDIAN CHILDREN.

18 ‘‘(a) PURPOSE.—

19 ‘‘(1) IN GENERAL.—It is the purpose of this sec20 tion to support projects to develop, test, and dem21 onstrate the effectiveness of services and programs to

22 improve educational opportunities and achievement of

23 Indian children.
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1 ‘‘(2) COORDINATION.—The Secretary shall take

2 such actions as are necessary to achieve the coordina3 tion of activities assisted under this part with—

4 ‘‘(A) other programs funded under this Act;

5 and

6 ‘‘(B) other Federal programs operated for

7 the benefit of American Indian and Alaska Na8 tive children.

9 ‘‘(b) ELIGIBLE ENTITIES.—For the purpose of this sec10 tion, the term ‘eligible entity’ means a State educational

11 agency, local educational agency, Indian tribe, Indian or12 ganization, federally supported elementary and secondary

13 school for Indian students, Indian institution, including an

14 Indian institutions of higher education, or a consortium of

15 such institutions.

16 ‘‘(c) GRANTS AUTHORIZED.—

17 ‘‘(1) IN GENERAL.—The Secretary shall award

18 grants to eligible entities to enable such entities to

19 carry out activities that meet the purpose specified in

20 subsection (a)(1), including—

21 ‘‘(A) innovative programs related to the

22 educational needs of educationally deprived chil23 dren;

24 ‘‘(B) educational services that are not avail25 able to such children in sufficient quantity or
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1 quality, including remedial instruction, to raise

2 the achievement of Indian children in one or

3 more of the core academic subjects as such sub4 jects are described in the third National Edu5 cation Goal described in section 102(3) of the

6 Goals 2000: Educate America Act;

7 ‘‘(C) bilingual and bicultural programs and

8 projects;

9 ‘‘(D) special health and nutrition services,

10 and other related activities, that address the spe11 cial health, social, and psychological problems of

12 Indian children;

13 ‘‘(E) special compensatory and other pro14 grams and projects designed to assist and en15 courage Indian children to enter, remain in, or

16 reenter school, and to increase the rate of second17 ary school graduation;

18 ‘‘(F) comprehensive guidance, counseling,

19 and testing services;

20 ‘‘(G) early childhood and kindergarten pro21 grams, including family-based preschool pro22 grams that emphasize school readiness and pa23 rental skills, and the provision of services to In24 dian children with disabilities;
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1 ‘‘(H) partnership projects between local edu2 cational agencies and institutions of higher edu3 cation that allow secondary school students to

4 enroll in courses at the postsecondary level to aid

5 such students in the transition from secondary

6 school to postsecondary education;

7 ‘‘(I) partnership projects between schools

8 and local businesses for school-to-work transition

9 programs designed to provide Indian youth with

10 the knowledge and skills the youth need to make

11 an effective transition from school to a first job

12 in a high-skill, high-wage career;

13 ‘‘(J) programs designed to encourage and

14 assist Indian students to work toward, and gain

15 entrance into, an institution of higher education;

16 and

17 ‘‘(K) other services that meet the purpose

18 described in subsection (a)(1).

19 ‘‘(2) PRESERVICE OR INSERVICE TRAINING.—

20 Preservice or inservice training of professional and

21 paraprofessional personnel may be a part of any pro22 gram assisted under this section.

23 ‘‘(d) GRANT REQUIREMENTS AND APPLICATIONS.—

24 ‘‘(1) GRANT REQUIREMENTS.—(A) The Secretary

25 may make multiyear grants under this section for the
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1 planning, development, pilot operation, or demonstra2 tion of any activity described in subsection (c) for a

3 period not to exceed 5 years.

4 ‘‘(B) In making multiyear grants under this sec5 tion, the Secretary shall give priority to applications

6 that present a plan for combining two or more of the

7 activities described in subsection (c) over a period of

8 more than 1 year.

9 ‘‘(C) The Secretary shall make a grant payment

10 to an eligible entity after the initial year of the

11 multiyear grant only if the Secretary determines that

12 the eligible entity has made substantial progress in

13 carrying out the activities assisted under the grant in

14 accordance with the application submitted under

15 paragraph (2) and any subsequent modifications to

16 such application.

17 ‘‘(D)(i) In addition to awarding the multiyear

18 grants described in subparagraph (A), the Secretary

19 may award grants to eligible entities for the dissemi20 nation of exemplary materials or programs assisted

21 under this section.

22 ‘‘(ii) The Secretary may award a dissemination

23 grant under this subparagraph if, prior to awarding

24 the grant, the Secretary determines that the material
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1 or program to be disseminated has been adequately

2 reviewed and has a demonstrated—

3 ‘‘(I) educational merit; and

4 ‘‘(II) the ability to be replicated.

5 ‘‘(2) APPLICATION.—(A) Any eligible entity that

6 desires to receive a grant under this subsection shall

7 submit an application to the Secretary at such time

8 and in such manner as the Secretary may require.

9 ‘‘(B) Each application submitted to the Sec10 retary under subparagraph (A) shall contain—

11 ‘‘(i) a description of how parents of Indian

12 children and representatives of Indian tribes

13 have been, and will be, involved in developing

14 and implementing the activities for which assist15 ance is sought;

16 ‘‘(ii) assurances that the applicant will par17 ticipate, at the request of the Secretary, in any

18 national evaluation of activities assisted under

19 this section; and

20 ‘‘(iii) such other assurances and informa21 tion as the Secretary may reasonably require.

22 ‘‘SEC. 6202. PROFESSIONAL DEVELOPMENT.

23 ‘‘(a) PURPOSES.—The purposes of this section are—

24 ‘‘(1) to increase the number of qualified Indian

25 individuals in professions that serve Indian people;
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1 ‘‘(2) to provide training to qualified Indian in2 dividuals to enable such individuals to become teach3 ers, administrators, teacher aides, social workers, and

4 ancillary educational personnel; and

5 ‘‘(3) to improve the skills of qualified Indian in6 dividuals who serve in the capacities described in

7 paragraph (2).

8 ‘‘(b) ELIGIBLE ENTITIES.—For the purpose of this sec9 tion, the term ‘eligible entity’ means—

10 ‘‘(1) an institution of higher education, includ11 ing an Indian institution of higher education;

12 ‘‘(2) a State or local educational agency, in con13 sortium with an institutions of higher education; and

14 ‘‘(3) an Indian tribe or organization, in consor15 tium with an institution of higher education.

16 ‘‘(c) PROGRAM AUTHORIZED.—The Secretary is au17 thorized to award grants to eligible entities having applica18 tions approved under this section to enable such entities to

19 carry out the activities described in subsection (d).

20 ‘‘(d) AUTHORIZED ACTIVITIES.—

21 ‘‘(1) IN GENERAL.—Grant funds under this sec22 tion shall be used to provide support and training for

23 Indian individuals in a manner consistent with the

24 purposes of this section. Such activities may include
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1 continuing programs, symposia, workshops, con2 ferences, and direct financial support.

3 ‘‘(2) SPECIAL RULES.—(A) For education per4 sonnel, the training received pursuant to a grant

5 under this section may be inservice or preservice

6 training.

7 ‘‘(B) For individuals who are being trained to

8 enter any field other than education, the training re9 ceived pursuant to a grant under this section shall be

10 in a program that results in a graduate degree.

11 ‘‘(e) APPLICATION.—

12 ‘‘(1) IN GENERAL.—Each eligible entity desiring

13 a grant under this section shall submit an applica14 tion to the Secretary at such time, in such manner

15 and accompanied by such information, as the Sec16 retary may reasonably require.

17 ‘‘(2) PREFERENCE.—In awarding grants under

18 this section, the Secretary shall give preference to ap19 plications describing programs that train Indian in20 dividuals.

21 ‘‘(f) SPECIAL RULE.—In making grants under this

22 section, the Secretary—

23 ‘‘(1) shall consider the prior performance of the

24 eligible entity; and
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1 ‘‘(2) may not limit eligibility to receive a grant

2 under this section on the basis of—

3 ‘‘(A) the number of previous grants the Sec4 retary has awarded such entity; or

5 ‘‘(B) the length of any period during which

6 such entity received such grants.

7 ‘‘(g) GRANT PERIOD.—Each grant under this section

8 shall be awarded for a program of not more than 5 years.

9 ‘‘(h) SERVICE OBLIGATION.—

10 ‘‘(1) IN GENERAL.—The Secretary shall require,

11 by regulation, that an individual who receives train12 ing pursuant to a grant made under this section—

13 ‘‘(A) perform work—

14 ‘‘(i) related to the training received

15 under this section; and

16 ‘‘(ii) that benefits Indian people; or

17 ‘‘(B) repay all or a prorated part of the as18 sistance received.

19 ‘‘(2) REPORTING.—The Secretary shall establish,

20 by regulation, a reporting procedure under which a

21 grant recipient under this section shall, not later than

22 12 months after the date of completion of the train23 ing, and periodically thereafter, provide information

24 concerning the compliance of such recipient with the

25 work requirement under paragraph (1).
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1 ‘‘SEC. 6203. FELLOWSHIPS FOR INDIAN STUDENTS.

2 ‘‘(a) FELLOWSHIPS.—

3 ‘‘(1) AUTHORITY.—The Secretary is authorized

4 to award fellowships to Indian students to enable such

5 students to study in graduate and professional pro6 grams at institutions of higher education.

7 ‘‘(2) REQUIREMENTS.—The fellowships described

8 in paragraph (1) shall be awarded to Indian students

9 to enable such students to pursue a course of study—

10 ‘‘(A) of not more than 4 academic years;

11 and

12 ‘‘(B) that leads—

13 ‘‘(i) toward a postbaccalaureate degree

14 in medicine, clinical psychology, psychol15 ogy, law, education, and related fields; or

16 ‘‘(ii) to an undergraduate or graduate

17 degree in engineering, business administra18 tion, natural resources, and related fields.

19 ‘‘(b) STIPENDS.—The Secretary shall pay to Indian

20 students awarded fellowships under subsection (a) such sti21 pends (including allowances for subsistence of such students

22 and dependents of such students) as the Secretary deter23 mines to be consistent with prevailing practices under com24 parable federally supported programs.

25 ‘‘(c) PAYMENTS TO INSTITUTIONS IN LIEU OF TUI26 TION.—The Secretary shall pay to the institution of higher
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1 education at which the holder of a fellowship is pursuing

2 a course of study, such amount as the Secretary determines

3 to be necessary to cover the cost of education provided the

4 fellowship recipient.

5 ‘‘(d) SPECIAL RULES.—

6 ‘‘(1) IN GENERAL.—If a fellowship awarded

7 under subsection (a) is vacated prior to the end of the

8 period for which the fellowship is awarded, the Sec9 retary may award an additional fellowship for the

10 unexpired portion of the period of the fellowship.

11 ‘‘(2) WRITTEN NOTICE.—Not later than 45 days

12 before the commencement of an academic term, the

13 Secretary shall provide to each individual who is

14 awarded a fellowship under subsection (a) for such

15 academic term written notice of—

16 ‘‘(A) the amount of the fellowship; and

17 ‘‘(B) any stipends or other payments that

18 will be made under this section to, or for the ben19 efit of, the individual for the academic term.

20 ‘‘(3) PRIORITY.—In awarding fellowships under

21 subsection (a), the Secretary shall give priority to

22 awarding not more than 10 percent of such fellow23 ships to Indian students who are receiving training

24 in guidance counseling with a specialty in the area
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1 of alcohol and substance abuse counseling and edu2 cation.

3 ‘‘(e) SERVICE OBLIGATION.—

4 ‘‘(1) IN GENERAL.—The Secretary shall require,

5 by regulation, that an individual who receives finan6 cial assistance under this section—

7 ‘‘(A) perform work—

8 ‘‘(i) related to the training for which

9 the individual receives assistance under this

10 section; and

11 ‘‘(ii) that benefits Indian people; or

12 ‘‘(B) repay all or a prorated portion of such

13 assistance.

14 ‘‘(2) REPORTING PROCEDURE.—The Secretary

15 shall establish, by regulation, a reporting procedure

16 under which the recipient of training assistance

17 under this section, not later than 12 months after the

18 date of completion of the training and periodically

19 thereafter, shall provide information concerning the

20 compliance of such recipient with the work require21 ment under paragraph (1).

22 ‘‘(f) ADMINISTRATION OF FELLOWSHIPS.—The Sec23 retary may administer the fellowships authorized under

24 this section through a grant to, or contract or cooperative

25 agreement with, an Indian organization with demonstrated
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1 qualifications to administer all facets of the program as2 sisted under this section.

3 ‘‘SEC. 6204. GIFTED AND TALENTED.

4 ‘‘(a) PROGRAM AUTHORIZED.—The Secretary is au5 thorized to—

6 ‘‘(1) establish two centers for gifted and talented

7 Indian students at tribally controlled community col8 leges in accordance with this section; and

9 ‘‘(2) support demonstration projects described in

10 subsection (c).

11 ‘‘(b) ELIGIBLE ENTITIES.—The Secretary shall make

12 grants to, or enter into contracts, for the activities described

13 in subsection (a), with—

14 ‘‘(1) two tribally controlled community colleges

15 that—

16 ‘‘(A) are eligible for funding under the Trib17 ally Controlled Community College Assistance

18 Act of 1978; and

19 ‘‘(B) are accredited by a State or regional

20 accrediting agency or organization; or

21 ‘‘(2) if the Secretary does not receive applica22 tions that the Secretary determines to be approvable

23 from two colleges that meet the requirements of para24 graph (1), the American Indian Higher Education

25 Consortium.
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1 ‘‘(c) USE OF FUNDS.—

2 ‘‘(1) IN GENERAL.—The grants made, or con3 tracts entered into, by the Secretary under subsection

4 (a) shall be used for—

5 ‘‘(A) the establishment of centers described

6 in subsection (a); and

7 ‘‘(B) carrying out demonstration projects

8 designed to—

9 ‘‘(i) address the special needs of Indian

10 students in elementary and secondary

11 schools who are gifted and talented; and

12 ‘‘(ii) provide such support services to

13 the families of the students described in

14 clause (i) as are needed to enable such stu15 dents to benefit from the projects.

16 ‘‘(2) SUBCONTRACTS.—Each recipient of a grant

17 or contract under subsection (a) may enter into a

18 contract with any other entity, including the Chil19 dren’s Television Workshop, to carry out the dem20 onstration project under this subsection.

21 ‘‘(3) DEMONSTRATION PROJECTS.—Demonstra22 tion projects assisted under subsection (a) may in23 clude—

24 ‘‘(A) the identification of the special needs

25 of gifted and talented Indian students, particu-
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1 larly at the elementary school level, giving atten2 tion to—

3 ‘‘(i) the emotional and psychosocial

4 needs of such students; and

5 ‘‘(ii) providing such support services to

6 the families of such students as are needed

7 to enable such students to benefit from the

8 project;

9 ‘‘(B) the conduct of educational,

10 psychosocial, and developmental activities that

11 the Secretary determines holds a reasonable

12 promise of resulting in substantial progress to13 ward meeting the educational needs of such gift14 ed and talented children, including—

15 ‘‘(i) demonstrating and exploring the

16 use of Indian languages and exposure to In17 dian cultural traditions; and

18 ‘‘(ii) mentoring and apprenticeship

19 programs;

20 ‘‘(C) the provision of technical assistance

21 and the coordination of activities at schools that

22 receive grants under subsection (d) with respect

23 to the activities assisted under such grants, the

24 evaluation of programs assisted under such

25 grants, or the dissemination of such evaluations;
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1 ‘‘(D) the use of public television in meeting

2 the special educational needs of such gifted and

3 talented children;

4 ‘‘(E) leadership programs designed to rep5 licate programs for such children throughout the

6 United States, including disseminating informa7 tion derived from the demonstration projects con8 ducted under subsection (a); and

9 ‘‘(F) appropriate research, evaluation, and

10 related activities pertaining to the needs of such

11 children and to the provision of such support

12 services to the families of such children that are

13 needed to enable such children to benefit from the

14 project.

15 ‘‘(4) APPLICATION.—Each entity desiring a

16 grant under subsection (a) shall submit an applica17 tion to the Secretary at such time and in such man18 ner as the Secretary may prescribe.

19 ‘‘(d) ADDITIONAL GRANTS.—

20 ‘‘(1) IN GENERAL.—The Secretary, in consulta21 tion with the Secretary of the Interior, shall award

22 5 grants to schools funded by the Bureau of Indian

23 Affairs (hereafter in this section referred to as ‘Bu24 reau schools’) for program research and development
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1 and the development and dissemination of curriculum

2 and teacher training material, regarding—

3 ‘‘(A) gifted and talented students;

4 ‘‘(B) college preparatory studies (including

5 programs for Indian students with an interest in

6 pursuing teaching careers);

7 ‘‘(C) students with special culturally related

8 academic needs, including students with social,

9 lingual, and cultural needs; or

10 ‘‘(D) mathematics and science education.

11 ‘‘(2) APPLICATIONS.—Each Bureau school desir12 ing a grant under this subsection shall submit an ap13 plication to the Secretary in such form and at such

14 time as the Secretary may prescribe.

15 ‘‘(3) SPECIAL RULE.—Each application de16 scribed in paragraph (2) shall be developed, and each

17 grant under this subsection shall be administered,

18 jointly by the supervisor of the Bureau school and the

19 local educational agency serving such school.

20 ‘‘(4) REQUIREMENTS.—In awarding grants

21 under paragraph (1), the Secretary shall achieve a

22 mixture of the programs described in paragraph (1)

23 that ensures that Indian students at all grade levels

24 and in all geographic areas of the United States are
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1 able to participate in a program assisted under this

2 subsection.

3 ‘‘(5) GRANT PERIOD.—Subject to the availability

4 of appropriations, grants under paragraph (1) shall

5 be awarded for a 3-year period and may be renewed

6 by the Secretary for additional 3-year periods if the

7 Secretary determines that the performance of the

8 grant recipient has been satisfactory.

9 ‘‘(6) DISSEMINATION.—The dissemination of any

10 materials developed from activities assisted under

11 paragraph (1) shall be carried out in cooperation

12 with entities that receive funds pursuant to subsection

13 (b).

14 ‘‘(7) EVALUATION COSTS.—(A) The costs of eval15 uating any activities assisted under paragraph (1)

16 shall be divided between the Bureau schools conduct17 ing such activities and the recipients of grants or con18 tracts under subsection (b) who conduct demonstra19 tion projects under such subsection.

20 ‘‘(B) If no funds are provided under subsection

21 (b) for—

22 ‘‘(i) the evaluation of activities assisted

23 under paragraph (1);

24 ‘‘(ii) technical assistance and coordination

25 with respect to such activities; or
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1 ‘‘(iii) the dissemination of the evaluations

2 referred to in clause (i),

3 then the Secretary shall make such grants, or enter

4 into such contracts, as are necessary to provide for the

5 evaluations, technical assistance, and coordination of

6 such activities, and the dissemination of the evalua7 tions.

8 ‘‘(e) INFORMATION NETWORK.—The Secretary shall

9 encourage each recipient of a grant or contract under this

10 section to work cooperatively as part of a national network

11 to ensure that the information developed by the grant or

12 contract recipient is readily available to the entire edu13 cational community of the United States.

14 ‘‘SEC. 6205. GRANTS FOR EVALUATION AND TECHNICAL AS15 SISTANCE.

16 ‘‘(a) IN GENERAL.—The Secretary may award grants

17 to, and enter into contracts with, public agencies, State edu18 cational agencies in States in which more than 5,000 In19 dian children are enrolled in public elementary and second20 ary schools, Indian tribes, Indian institutions, Indian orga21 nizations, and private institutions and organizations, to es22 tablish, on a regional basis, information centers that

23 shall—
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1 ‘‘(1) evaluate programs that receive assistance

2 under this title and evaluate other Indian education

3 programs in order to—

4 ‘‘(A) determine the effectiveness of the pro5 grams in meeting the special educational and

6 culturally related academic needs of Indian chil7 dren and adults; and

8 ‘‘(B) conduct research to determine the

9 needs described in subparagraph (A);

10 ‘‘(2) provide technical assistance in the form of

11 materials and personnel resources, upon request, to

12 local educational agencies and Indian tribes, Indian

13 organizations, Indian institutions, and committees

14 described in section 6104(c)(4) in evaluating and car15 rying out activities assisted under this title; and

16 ‘‘(3) disseminate information, upon request, to

17 the entities described in paragraph (1) concerning all

18 Federal education programs that affect the education

19 of Indian children and adults, including information

20 concerning successful models and programs designed

21 to meet the special educational needs of Indian chil22 dren.

23 ‘‘(b) PERIOD OF GRANT OR CONTRACT.—Each grant

24 or contract under this section may be for a period of not

25 more than 3 years, and may be renewed for an additional
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1 3-year period if the Secretary annually reviews the per2 formance of the grant recipient and determines that satis3 factory progress has been made.

4 ‘‘(c) USE OF FUNDS.—The Secretary may award

5 grants and enter into contracts with Indian tribes, institu6 tions, and organizations, and public agencies and institu7 tions for—

8 ‘‘(1) the dissemination, on a national basis, of

9 information concerning education programs, services,

10 and resources available to Indian children and adults,

11 including evaluations of such programs, services, and

12 resources; and

13 ‘‘(2) the evaluation of the effectiveness of feder14 ally assisted programs in which Indian children and

15 adults may participate in achieving the purposes of

16 such programs relating to Indian children and adults.

17 ‘‘(d) STATE AGENCY GRANTS AND CONTRACTS.—The

18 Secretary shall award not more than 15 percent of the funds

19 appropriated under subsection (g) for each fiscal year to

20 State educational agencies.

21 ‘‘(e) APPLICATION.—

22 ‘‘(1) IN GENERAL.—Each entity desiring assist23 ance under this section shall submit an application to

24 the Secretary at such time, in such manner, and ac-
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1 companied by such information as the Secretary may

2 reasonably require.

3 ‘‘(2) PRIORITY.—In approving applications

4 under this section, the Secretary shall give priority to

5 Indian educational agencies, organizations, and insti6 tutions.

7 ‘‘(3) APPROVAL.—The Secretary may approve an

8 application under this section, only if the Secretary

9 determines that the funds made available under this

10 section will be used to supplement the level of funds

11 from State, local, and other Federal sources that

12 would, in the absence of Federal funds provided under

13 this section, be made available by the State or local

14 educational agency for the activities described in this

15 section, and in no case will be used to supplant such

16 funds.

17 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are

18 authorized to be appropriated to the Department of Edu19 cation $8,000,000 for each of the fiscal years 1995 through

20 1999 to carry out this section.

21 ‘‘SEC. 6206. GRANTS TO TRIBES FOR EDUCATION ADMINIS22 TRATIVE PLANNING AND DEVELOPMENT.

23 ‘‘(a) IN GENERAL.—The Secretary may make grants

24 to Indian tribes, and tribal organizations approved by In-
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1 dian tribes, to plan and develop a centralized tribal admin2 istrative entity to—

3 ‘‘(1) coordinate all education programs operated

4 by the tribe or within the territorial jurisdiction of

5 the tribe;

6 ‘‘(2) develop education codes for schools within

7 the territorial jurisdiction of the tribe;

8 ‘‘(3) provide support services and technical as9 sistance to schools serving children of the tribe; and

10 ‘‘(4) perform child-find screening services for the

11 preschool-aged children of the tribe to—

12 ‘‘(A) ensure placement in appropriate edu13 cational facilities; and

14 ‘‘(B) coordinate the provision of any needed

15 special services for conditions such as disabilities

16 and English language skill deficiencies.

17 ‘‘(b) PERIOD OF GRANT.—Each grant under this sec18 tion may be awarded for a period of not more than 3 years,

19 except that such grant may be renewed upon the termi20 nation of the initial period of the grant if the grant recipi21 ent demonstrates to the satisfaction of the Secretary that

22 renewing the grant for an additional 3-year period is nec23 essary to carry out the objectives of the grant described in

24 subsection (c)(2)(A).

25 ‘‘(c) APPLICATION FOR GRANT.—
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1 ‘‘(1) IN GENERAL.—Each Indian tribe and tribal

2 organization desiring a grant under this section shall

3 submit an application to the Secretary at such time,

4 in such manner, containing such information, and

5 consistent with such criteria, as the Secretary may

6 prescribe in regulations.

7 ‘‘(2) CONTENTS.—Each application described in

8 paragraph (1) shall contain—

9 ‘‘(A) a statement describing the activities to

10 be conducted, and the objectives to be achieved,

11 under the grant; and

12 ‘‘(B) a description of the method to be used

13 for evaluating the effectiveness of the activities

14 for which assistance is sought and determining

15 whether such objectives are achieved.

16 ‘‘(3) APPROVAL.—The Secretary may approve an

17 application submitted by a tribe or tribal organiza18 tion pursuant to this section only if the Secretary is

19 satisfied that such application, including any docu20 mentation submitted with the application—

21 ‘‘(A) demonstrates that the applicant has

22 consulted with other education entities, if any,

23 within the territorial jurisdiction of the appli24 cant who will be affected by the activities to be

25 conducted under the grant;
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1 ‘‘(B) provides for consultation with such

2 other education entities in the operation and

3 evaluation of the activities conducted under the

4 grant; and

5 ‘‘(C) demonstrates that there will be ade6 quate resources provided under this section or

7 from other sources to complete the activities for

8 which assistance is sought, except that the avail9 ability of such other resources shall not be a

10 basis for disapproval of such application.

11 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There

12 are authorized to be appropriated to the Department of

13 Education $3,000,000 for each of the fiscal years 1995

14 through 1999 to carry out this section.

15 ‘‘PART C—SPECIAL PROGRAMS RELATING TO

16 ADULT EDUCATION FOR INDIANS

17 ‘‘SEC. 6301. IMPROVEMENT OF EDUCATIONAL OPPORTUNI18 TIES FOR ADULT INDIANS.

19 ‘‘(a) IN GENERAL.—The Secretary shall award grants

20 to State and local educational agencies, and to Indian

21 tribes, institutions, and organizations—

22 ‘‘(1) to support planning, pilot, and demonstra23 tion projects that are designed to test and demonstrate

24 the effectiveness of programs for improving employ-
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1 ment and educational opportunities for adult Indi2 ans;

3 ‘‘(2) to assist in the establishment and operation

4 of programs that are designed to stimulate—

5 ‘‘(A) basic literacy opportunities for all

6 nonliterate Indian adults; and

7 ‘‘(B) the provision of opportunities to all

8 Indian adults to qualify for a secondary school

9 diploma, or its recognized equivalent, in the

10 shortest period of time feasible;

11 ‘‘(3) to support a major research and develop12 ment program to develop more innovative and effec13 tive techniques for achieving literacy and secondary

14 school equivalency for Indians;

15 ‘‘(4) to provide for basic surveys and evaluations

16 to define accurately the extent of the problems of illit17 eracy and lack of secondary school completion among

18 Indians; and

19 ‘‘(5) to encourage the dissemination of informa20 tion and materials relating to, and the evaluation of,

21 the effectiveness of education programs that may offer

22 educational opportunities to Indian adults.

23 ‘‘(b) EDUCATIONAL SERVICES.—The Secretary may

24 make grants to Indian tribes, institutions, and organiza25 tions to develop and establish educational services and pro-
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1 grams specifically designed to improve educational oppor2 tunities for Indian adults.

3 ‘‘(c) INFORMATION AND EVALUATION.—The Secretary

4 may make grants to, and enter into contracts with, public

5 agencies and institutions and Indian tribes, institutions,

6 and organizations, for—

7 ‘‘(1) the dissemination of information concerning

8 educational programs, services, and resources avail9 able to Indian adults, including evaluations of the

10 programs, services, and resources; and

11 ‘‘(2) the evaluation of federally assisted programs

12 in which Indian adults may participate to determine

13 the effectiveness of the programs in achieving the pur14 poses of the programs with respect to Indian adults.

15 ‘‘(d) APPLICATIONS.—

16 ‘‘(1) IN GENERAL.—Each entity desiring a grant

17 under this section shall submit to the Secretary an

18 application at such time, in such manner, containing

19 such information, and consistent with such criteria,

20 as the Secretary may prescribe in regulations.

21 ‘‘(2) CONTENTS.—Each application described in

22 paragraph (1) shall contain—

23 ‘‘(A) a statement describing the activities to

24 be conducted, and the objectives to be achieved,

25 under the grant; and
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1 ‘‘(B) a description of the method to be used

2 for evaluating the effectiveness of the activities

3 for which assistance is sought and determining

4 whether the objectives of the grant are achieved.

5 ‘‘(3) APPROVAL.—The Secretary shall not ap6 prove an application described in paragraph (1) un7 less the Secretary determines that such application,

8 including any documentation submitted with the ap9 plication, indicates—

10 ‘‘(A) there has been adequate participation,

11 by the individuals to be served and appropriate

12 tribal communities, in the planning and develop13 ment of the activities to be assisted; and

14 ‘‘(B) the individuals and tribal commu15 nities referred to in subparagraph (A) will par16 ticipate in the operation and evaluation of the

17 activities to be assisted.

18 ‘‘(4) PRIORITY.—In approving applications

19 under paragraph (1), the Secretary shall give priority

20 to applications from Indian educational agencies, or21 ganizations, and institutions.
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1 ‘‘PART D—NATIONAL RESEARCH ACTIVITIES

2 ‘‘SEC. 6401. NATIONAL ACTIVITIES.

3 ‘‘(a) AUTHORIZED ACTIVITIES.—The Secretary may

4 use funds made available under section 6602(b) for each

5 fiscal year to—

6 ‘‘(1) conduct research related to effective ap7 proaches for the education of Indian children and

8 adults;

9 ‘‘(2) evaluate federally assisted education pro10 grams from which Indian children and adults may

11 benefit;

12 ‘‘(3) collect and analyze data on the educational

13 status and needs of Indians; and

14 ‘‘(4) carry out other activities that are consistent

15 with the purpose of this title.

16 ‘‘(b) ELIGIBILITY.—The Secretary may carry out any

17 of the activities described in subsection (a) directly or

18 through grants to, or contracts or cooperative agreements

19 with Indian tribes, Indian organizations, State educational

20 agencies, local educational agencies, institutions of higher

21 education, including Indian institutions of higher edu22 cation, and other public and private agencies and

23 institutions.

24 ‘‘(c) COORDINATION.—Research activities supported

25 under this section—
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1 ‘‘(1) shall be carried out in consultation with the

2 Assistant Secretary for Educational Research and

3 Improvement to ensure that such activities are coordi4 nated with and enhance the research and development

5 activities supported by the Office of Educational Re6 search and Improvement; and

7 ‘‘(2) may include collaborative research activities

8 that are jointly funded and carried out by the Office

9 of Indian Education and the Office of Educational

10 Research and Improvement.

11 ‘‘PART E—FEDERAL ADMINISTRATION

12 ‘‘SEC. 6501. NATIONAL ADVISORY COUNCIL ON INDIAN EDU13 CATION.

14 ‘‘(a) MEMBERSHIP.—There is established a National

15 Advisory Council on Indian Education (hereafter in this

16 section referred to as the ‘Council’), which shall—

17 ‘‘(1) consist of 15 Indian members, who shall be

18 appointed by the President from lists of nominees fur19 nished, from time to time, by Indian tribes and orga20 nizations; and

21 ‘‘(2) represent different geographic areas of the

22 United States.

23 ‘‘(b) DUTIES.—The Council shall—

24 ‘‘(1) advise the Secretary concerning the funding

25 and administration (including the development of
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1 regulations and administrative policies and practices)

2 of any program, including any program established

3 under this title—

4 ‘‘(A) with respect to which the Secretary has

5 jurisdiction; and

6 ‘‘(B)(i) that includes Indian children or

7 adults as participants; or

8 ‘‘(ii) that may benefit Indian children or

9 adults;

10 ‘‘(2) make recommendations to the Secretary for

11 filling the position of Director of Indian Education

12 whenever a vacancy occurs; and

13 ‘‘(3) submit to the Congress, not later than June

14 30 of each year, a report on the activities of the Coun15 cil, including—

16 ‘‘(A) any recommendations that the Council

17 considers appropriate for the improvement of

18 Federal education programs that include Indian

19 children or adults as participants, or that may

20 benefit Indian children or adults; and

21 ‘‘(B) recommendations concerning the fund22 ing of any program described in subparagraph

23 (A).
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1 ‘‘SEC. 6502. PEER REVIEW.

2 ‘‘The Secretary may use a peer review process to re3 view applications submitted to the Secretary under part B,

4 C, or D.

5 ‘‘SEC. 6503. PREFERENCE FOR INDIAN APPLICANTS.

6 ‘‘In making grants under part B, C, or D, the Sec7 retary shall give a preference to Indian tribes, organiza8 tions, and institutions of higher education under any pro9 gram with respect to which Indian tribes, organizations,

10 and institutions are eligible to apply for grants.

11 ‘‘SEC. 6504. MINIMUM GRANT CRITERIA.

12 ‘‘The Secretary may not approve an application for

13 a grant under part B or C unless the application is for

14 a grant that is—

15 ‘‘(1) of sufficient size, scope, and quality to

16 achieve the purpose or objectives of such grant; and

17 ‘‘(2) based on relevant research findings.

18 ‘‘PART F—DEFINITIONS; AUTHORIZATIONS OF

19 APPROPRIATIONS

20 ‘‘SEC. 6601. DEFINITIONS.

21 ‘‘As used in this title:

22 ‘‘(1) ADULT.—The term ‘adult’ means an indi23 vidual who—

24 ‘‘(A) has attained the age of 16 years; or
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1 ‘‘(B) has attained an age that is greater

2 than the age of compulsory school attendance

3 under an applicable State law.

4 ‘‘(2) ADULT EDUCATION.—The term ‘adult edu5 cation’ has the meaning given such term in section

6 312(2) of the Adult Education Act.

7 ‘‘(3) FREE PUBLIC EDUCATION.—The term ‘free

8 public education’ means education that is—

9 ‘‘(A) provided at public expense, under pub10 lic supervision and direction, and without tui11 tion charge; and

12 ‘‘(B) provided as elementary or secondary

13 education in the applicable State or to preschool

14 children.

15 ‘‘(4) INDIAN.—The term ‘Indian’ means an indi16 vidual who is—

17 ‘‘(A) a member of an Indian tribe or band,

18 as membership is defined by the tribe or band,

19 including—

20 ‘‘(i) any tribe or band terminated since

21 1940; and

22 ‘‘(ii) any tribe or band recognized by

23 the State in which the tribe or band resides;
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1 ‘‘(B) a descendant, in the first or second de2 gree, of an individual described in subparagraph

3 (A);

4 ‘‘(C) considered by the Secretary of the Inte5 rior to be an Indian for any purpose;

6 ‘‘(D) an Eskimo, Aleut, or other Alaska Na7 tive; or

8 ‘‘(E) a member of an organized Indian

9 group that received a grant under this title prior

10 to the date of enactment of the Act entitled the

11 ‘Improving America’s Schools Act of 1994’.

12 ‘‘SEC. 6602. AUTHORIZATIONS OF APPROPRIATIONS.

13 ‘‘(a) PART A.—For the purpose of carrying out part

14 A of this title, there are authorized to be appropriated to

15 the Department of Education $61,300,000 for fiscal year

16 1995 and such sums as may be necessary for each of the

17 4 succeeding fiscal years.

18 ‘‘(b) PARTS B THROUGH D.—For the purpose of car19 rying out parts B, C, and D of this title, there are author20 ized to be appropriated to the Department of Education

21 $31,925,000 for fiscal year 1995 and such sums as may be

22 necessary for each of the 4 succeeding fiscal years.

23 ‘‘(c) PART E.—For the purpose of carrying out part

24 E of this title, there are authorized to be appropriated to

25 the Department of Education $3,775,000 for fiscal year
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1 1995 and such sums as may be necessary for each of the

2 4 succeeding fiscal years.

3 ‘‘SEC. 6603. CROSS REFERENCES.

4 ‘‘The Tribally Controlled Schools Act of 1988 is

5 amended—

6 ‘‘(1) in subparagraph (C) of section 5204(a)(3)

7 (20 U.S.C. 2503(a)(3)(C)), by striking ‘‘chapter 1 of’’;

8 and

9 ‘‘(2) in section 5205 (20 U.S.C. 2504)—

10 ‘‘(A) in subsection (a)(3), by striking

11 ‘‘chapter 1 of’’; and

12 ‘‘(B) in subsection (b)—

13 ‘‘(i) in paragraph (2), by striking

14 ‘‘chapter 1 of’’; and

15 ‘‘(ii) in paragraph (3)(A), by striking

16 ‘‘chapter 1 of’’.

17 ‘‘TITLE VII—LANGUAGE EN18 HANCEMENT AND ACQUISI19 TION PROGRAMS

20 ‘‘PART A—BILINGUAL EDUCATION PROGRAMS

21 ‘‘SEC. 7101. SHORT TITLE.

22 ‘‘This part may be cited as the ‘Bilingual Education

23 Act’.

24 ‘‘SEC. 7102. FINDINGS.

25 ‘‘The Congress finds that—
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1 ‘‘(1) there are large and growing numbers of

2 children and youth of limited-English proficiency,

3 many of whom have a cultural heritage that differs

4 from that of their English proficient peers;

5 ‘‘(2) limited-English proficient children and

6 youth face a number of challenges in receiving an

7 education that will enable such children and youth to

8 participate fully in American society, including—

9 ‘‘(A) segregated education programs;

10 ‘‘(B) disproportionate and improper place11 ment in special education and other special pro12 grams due to the use of inappropriate evaluation

13 procedures;

14 ‘‘(C) the limited-English proficiency of their

15 own parents, which hinders the parents’ ability

16 to fully participate in the education of their chil17 dren; and

18 ‘‘(D) a shortage of teachers and other staff

19 who are professionally trained and qualified to

20 serve such children and youth;

21 ‘‘(3) the Federal Government, as exemplified by

22 title VI of the Civil Rights Act of 1964 and section

23 204(f) of the Equal Education Opportunities Act of

24 1974, has a special and continuing obligation to en25 sure that States and local school districts take appro-
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1 priate action to provide equal educational opportuni2 ties to children and youth of limited-English pro3 ficiency;

4 ‘‘(4) the Federal Government also, as exemplified

5 by the Federal Government’s efforts under this title,

6 has a special and continuing obligation to assist

7 States and local school districts in developing the ca8 pacity to provide programs of instruction that offer

9 limited-English proficient children and youth an

10 equal educational opportunity;

11 ‘‘(5) in carrying out the Federal Government’s

12 responsibilities with respect to ensuring equal edu13 cational opportunity for children and youth of lim14 ited-English proficiency, the Federal Government has

15 learned that—

16 ‘‘(A) large numbers of such children and

17 youth have needs that must be met by a program

18 of instruction designed specifically for such chil19 dren and youth;

20 ‘‘(B) a primary purpose of such programs

21 must be developing the English language skills of

22 such children and youth;

23 ‘‘(C) the use of a child or youth’s native

24 language and culture in classroom instruction

25 can—
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1 ‘‘(i) promote self-esteem and contribute

2 to academic achievement and learning Eng3 lish by limited-English proficient children

4 and youth;

5 ‘‘(ii) benefit English proficient children

6 and youth who also participate in such pro7 grams; and

8 ‘‘(iii) develop our Nation’s national

9 language resources, thus promoting our Na10 tion’s competitiveness in the global econ11 omy;

12 ‘‘(D) parent and community participation

13 in bilingual education programs contributes to

14 program effectiveness; and

15 ‘‘(E) research, evaluation, and data-collec16 tion capabilities in the field of bilingual edu17 cation need to be strengthened so that educators

18 and other staff can better identify and promote

19 those programs, program implementation strate20 gies, and instructional practices that result in ef21 fective education; and

22 ‘‘(6) Native Americans and Native American

23 languages (as such terms are defined in section 103

24 of the Native American Languages Act) have a unique

25 status under Federal law that requires special policies
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1 within the broad purposes of this Act to serve the edu2 cation needs of language minority students in the

3 United States.

4 ‘‘SEC. 7103. POLICY; AUTHORIZATION OF APPROPRIATIONS.

5 ‘‘(a) POLICY.—The Congress declares it to be the policy

6 of the United States, in order to ensure equal educational

7 opportunity for all children and youth and to promote edu8 cational excellence, to assist State and local educational

9 agencies and consortia of local educational agencies, insti10 tutions of higher education and community based organiza11 tions to build their capacity to establish, implement, and

12 sustain programs of instruction for children and youth of

13 limited-English proficiency that—

14 ‘‘(1) develop the English of such children and

15 youth and, to the extent possible, the native language

16 skills of such children and youth;

17 ‘‘(2) educate such children and youth to meet the

18 same rigorous standards for academic performance

19 expected of all children and youth, including meeting

20 challenging State content standards and challenging

21 State student performance standards in academic

22 areas;

23 ‘‘(3) develop bilingual skills and multicultural

24 understanding; and
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1 ‘‘(4) provide similar assistance to Native Ameri2 cans with certain modifications relative to the unique

3 status of Native American languages under Federal

4 law.

5 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—For the

6 purpose of carrying out this part, there are authorized to

7 be appropriated $215,000,000 for fiscal year 1995 and such

8 sums as may be necessary for each of the 4 succeeding fiscal

9 years.

10 ‘‘SEC. 7104. DEFINITIONS.

11 ‘‘For the purpose of this title:

12 ‘‘(1) BILINGUAL EDUCATION PROGRAM.—(A) The

13 term ‘bilingual education program’—

14 ‘‘(i) means a program of instruction de15 signed specifically for children and youth of lim16 ited-English proficiency at any grade level, in17 cluding the preschool, elementary, or secondary

18 school levels, that is intended—

19 ‘‘(I) to help such children and youth

20 develop proficiency in English and, to the

21 extent possible, the native language of such

22 children and youth; and

23 ‘‘(II) to achieve to high academic

24 standards in all courses of study; and
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1 ‘‘(ii) may include activities to assist the

2 parents of such children and youth enrolled in

3 bilingual education programs to participate in

4 the education of their children.

5 ‘‘(B)(i) A bilingual education program may be

6 conducted in English, the native language, or both

7 languages, except that all bilingual education pro8 grams shall develop proficiency in the English lan9 guage. The native language may be used in the in10 structional program to facilitate the acquisition of

11 English, to develop overall linguistic competence, and

12 to develop competence in the academic curriculum.

13 ‘‘(ii) A bilingual education program shall, to the

14 extent possible, incorporate the cultural heritage of the

15 children or youth of limited-English proficiency

16 served by the program, as well as the cultural heritage

17 of other children in American society.

18 ‘‘(C) Children and youth proficient in English

19 may participate in a bilingual education program to

20 enable all children and youth participating in a bi21 lingual education program to become proficient in

22 English and a second language.

23 ‘‘(2) CHILDREN AND YOUTH.—The term ‘children

24 and youth’ means individuals aged three through 21.
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1 ‘‘(3) DIRECTOR.—The term ‘Director’ means the

2 Director of the Office of Bilingual Education and Mi3 nority Languages Affairs established under section

4 210 of the Department of Education Organization

5 Act.

6 ‘‘(4) JURISDICTION WHERE A NATIVE AMERICAN

7 LANGUAGE HAS OFFICIAL STATUS.—The term ‘juris8 diction where a Native American language has offi9 cial status’ refers to States, territories, common10 wealths, cities, counties, reservations, Alaska Native

11 villages, school districts, and other jurisdictions simi12 lar to those described in this paragraph that have le13 gally recognized a Native American language for con14 ducting an aspect of their official business.

15 ‘‘(5) LIMITED-ENGLISH PROFICIENCY AND LIM16 ITED-ENGLISH PROFICIENT.—The terms ‘limited-Eng17 lish proficiency’ and ‘limited-English proficient’,

18 when used with reference to an individual, mean an

19 individual—

20 ‘‘(A) who—

21 ‘‘(i) was not born in the United States

22 or whose native language is a language

23 other than English and comes from an envi24 ronment where a language other than Eng25 lish is dominant; or
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1 ‘‘(ii) is a Native American or Alaska

2 Native and comes from an environment

3 where a language other than English has

4 had a significant impact on such individ5 ual’s level of English language proficiency;

6 or

7 ‘‘(iii) is migratory and whose native

8 language is other than English and comes

9 from an environment where a language

10 other than English is dominant; and

11 ‘‘(B) who, by reason thereof, has sufficient

12 difficulty speaking, reading, writing, or under13 standing the English language to deny such indi14 vidual the opportunity to learn successfully in

15 classrooms where the language of instruction is

16 English or to participate fully in our society.

17 ‘‘(6) NATIVE AMERICAN AND NATIVE AMERICAN

18 LANGUAGE.—The terms ‘Native American’ and ‘Na19 tive American language’ shall have the same meaning

20 given such terms in section 103 of the Native Amer21 ican Languages Act of 1990.

22 ‘‘(7) NATIVE HAWAIIAN OR NATIVE AMERICAN PA23 CIFIC ISLANDER NATIVE LANGUAGE EDUCATIONAL OR24 GANIZATION.—The term ‘Native Hawaiian or Native

25 American Pacific Islander native language edu-
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1 cational organization’ means a nonprofit organiza2 tion with a majority of its governing board and em3 ployees consisting of fluent speakers of the traditional

4 Native American languages used in their educational

5 programs and with at least five years successful expe6 rience in providing educational services in tradi7 tional Native American languages.

8 ‘‘(8) NATIVE LANGUAGE.—The term ‘native lan9 guage’, when used with reference to an individual of

10 limited-English proficiency, means the language nor11 mally used by such individual, or in the case of a

12 child or youth, the language normally used by the

13 parents of the child or youth.

14 ‘‘(9) OTHER PROGRAMS FOR PERSONS OF LIM15 ITED-ENGLISH PROFICIENCY.—The term ‘other pro16 grams for persons of limited-English proficiency’

17 means any programs administered by the Secretary

18 that directly involve bilingual education activities

19 serving persons of limited-English proficiency.

20 ‘‘SEC. 7105. NATIVE AMERICAN AND ALASKA NATIVE CHIL21 DREN IN SCHOOL.

22 ‘‘(a) ELIGIBLE ENTITIES.—For the purpose of carry23 ing out programs under this part for individuals served by

24 elementary and secondary schools operated predominately

25 for Native American or Alaska Native children and youth,
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1 an Indian tribe, a tribally sanctioned educational author2 ity, a Native Hawaiian or Native American Pacific Is3 lander native language education organization, or an ele4 mentary or secondary school that is operated or funded by

5 the Bureau of Indian Affairs shall be considered to be a

6 local educational agency as such term is used in this part,

7 subject to the following qualifications:

8 ‘‘(1) INDIAN TRIBE.—The term ‘Indian tribe’

9 means any Indian tribe, band, nation, or other orga10 nized group or community, including any Alaska Na11 tive village or regional or village corporation as de12 fined in or established pursuant to the Alaska Native

13 Claims Settlement Act (43 U.S.C. 1601 et seq.), that

14 is recognized for the special programs and services

15 provided by the United States to Indians because of

16 their status as Indians.

17 ‘‘(2) TRIBALLY SANCTIONED EDUCATIONAL AU18 THORITY.—The term ‘tribally sanctioned educational

19 authority’ means—

20 ‘‘(A) any department or division of edu21 cation operating within the administrative

22 structure of the duly constituted governing body

23 of an Indian tribe; and

24 ‘‘(B) any nonprofit institution or organiza25 tion that is—
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1 ‘‘(i) chartered by the governing body of

2 an Indian tribe to operate any such school

3 or otherwise to oversee the delivery of edu4 cational services to members of that tribe;

5 and

6 ‘‘(ii) approved by the Secretary for the

7 purpose of this section.

8 ‘‘(b) ELIGIBLE ENTITY APPLICATION.—Notwithstand9 ing any other provision of this part, each eligible entity

10 described in subsection (a) shall submit any application for

11 assistance under this part directly to the Secretary along

12 with timely comments on the need for the proposed pro13 gram.

14 ‘‘Subpart 1—Financial Assistance for Bilingual

15 Education

16 ‘‘SEC. 7111. FINANCIAL ASSISTANCE FOR BILINGUAL EDU17 CATION.

18 ‘‘(a) PURPOSE.—The purpose of this subpart is to as19 sist local educational agencies, through the grants author20 ized by subsections (b), (c), and (d), to—

21 ‘‘(1) develop and enhance their capacity to pro22 vide high-quality instruction to children and youth of

23 limited-English proficiency; and

24 ‘‘(2) to help such children and youth—
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1 ‘‘(A) develop proficiency in English, and to

2 the extent possible, their native language; and

3 ‘‘(B) meet the same challenging State con4 tent standards and challenging State student

5 performance standards expected for all children

6 and youth as required by section 1111(b).

7 ‘‘(b) DEVELOPMENT AND ENHANCEMENT GRANTS.—

8 ‘‘(1) IN GENERAL.—The Secretary is authorized

9 to make grants to local educational agencies, or com10 munity based organizations in consortia with one or

11 more local educational agencies and an institution of

12 higher education, to—

13 ‘‘(A) develop new bilingual education pro14 grams;

15 ‘‘(B) enhance or expand existing bilingual

16 education programs to meet new conditions, such

17 as the need to serve additional language groups

18 or different age or grade levels; and

19 ‘‘(C) meet the short-term needs of local edu20 cational agencies without bilingual education

21 programs to serve children and youth of limited22 English proficiency.

23 ‘‘(2) DURATION.—Grants awarded under this

24 subsection shall be for a period of not more than 2

25 years, except that grants to carry out paragraph
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1 (1)(A) shall be awarded for a period of not more than

2 3 years.

3 ‘‘(c) COMPREHENSIVE SCHOOL GRANTS.—

4 ‘‘(1) IN GENERAL.—The Secretary is authorized

5 to make grants to local educational agencies for the

6 purpose of implementing schoolwide bilingual edu7 cation programs that serve all (or virtually all) chil8 dren and youth of limited-English proficiency in

9 schools with significant concentrations of such chil10 dren and youth.

11 ‘‘(2) DURATION.—Grants awarded under this

12 subsection shall be for a period of not more than 5

13 years, except that the Secretary shall terminate grants

14 to local educational agencies if the Secretary deter15 mines that—

16 ‘‘(A) the program evaluation required by

17 section 7126 indicates that students in the

18 schoolwide program are not being taught to and

19 achieving challenging State content standards

20 and challenging State student performance

21 standards; or

22 ‘‘(B) in the case of a program to promote

23 dual language facility, such program is not pro24 moting such facility.

25 ‘‘(d) COMPREHENSIVE DISTRICT GRANTS.—
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1 ‘‘(1) IN GENERAL.—The Secretary is authorized

2 to make grants to local educational agencies for the

3 purpose of implementing district-wide bilingual edu4 cation programs that serve a significant number of

5 children and youth of limited-English proficiency in

6 districts with significant concentrations of such chil7 dren and youth.

8 ‘‘(2) DURATION.—Grants awarded under this

9 subsection shall be for a period of not more than 5

10 years, except that the Secretary shall terminate grants

11 to local educational agencies where the Secretary de12 termines that—

13 ‘‘(A) the program evaluation required by

14 section 7126 indicates that students in the pro15 gram are not being taught to and achieving chal16 lenging State content standards and challenging

17 State student performance standards; or

18 ‘‘(B) in the case of a program to promote

19 dual language facility, such program is not pro20 moting such facility.

21 ‘‘(e) USE OF FUNDS.—

22 ‘‘(1) IN GENERAL.—Recipients of grant funds

23 under subsections (b), (c), and (d) may use such funds

24 for—
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1 ‘‘(A) identification and acquisition of cur2 ricular materials, educational software, and

3 technologies to advance the education of children

4 and youth of limited-English proficiency;

5 ‘‘(B) parent outreach and training activi6 ties designed to assist parents to become active

7 participants in the education of their children;

8 ‘‘(C) salaries of personnel, including teacher

9 aides who have been specifically trained, or are

10 being trained, to provide services to children and

11 youth of limited-English proficiency;

12 ‘‘(D) tutorials and academic or career coun13 seling for children and youth of limited-English

14 proficiency; and

15 ‘‘(E) such other activities, related to the

16 purposes of this part, as the Secretary may ap17 prove.

18 ‘‘(2) ADDITIONAL ACTIVITIES.—Recipients of

19 funds under subsections (c) and (d) may—

20 ‘‘(A) use such funds for preservice and in21 service professional development of staff partici22 pating, or preparing to participate, in the pro23 gram, including staff who will not directly par24 ticipate in the bilingual instructional program

25 (which in the case of teachers who are partici-
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1 pating in the program may include release time

2 with pay), if such activities are directly related

3 to serving children and youth of limited-English

4 proficiency and will help accomplish the pur5 poses of this subpart; and

6 ‘‘(B) during the first 12 months of such a

7 grant, engage exclusively in activities pre8 paratory to the delivery of services, which may

9 include program design, the development of ma10 terials and procedures, and activities to involve

11 parents in the educational program and to en12 able parents and family members to assist in the

13 education of children and youth of limited-Eng14 lish proficiency.

15 ‘‘(f) GEOGRAPHIC DISTRIBUTION OF FUNDS.—To the

16 extent possible, the Secretary shall award grants under this

17 section throughout the Nation in a manner that—

18 ‘‘(1) reflects the geographic distribution of chil19 dren and youth of limited-English proficiency

20 throughout the Nation;

21 ‘‘(2) takes into account significant increases in

22 limited-English proficient children and youth in

23 areas with low concentrations of such children and

24 youth; and
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1 ‘‘(3) ensures that activities assisted under this

2 part address the full needs of school systems of all

3 sizes and geographic areas, including rural schools.

4 ‘‘(g) CONSTRUCTION.—Nothing in this subpart shall be

5 construed to prohibit a local educational agency from serv6 ing limited-English proficient children and youth simulta7 neously with students with similar educational needs, in

8 the same educational settings where appropriate.

9 ‘‘(h) APPLICATIONS.—

10 ‘‘(1) IN GENERAL.—Any local educational agen11 cy or community based organization that desires a

12 grant under this section shall submit, through its

13 State educational agency, an application to the Sec14 retary, in such form, at such time, and containing

15 such information and assurances as the Secretary

16 may require.

17 ‘‘(2) CONTENTS.—Each such application shall—

18 ‘‘(A) describe—

19 ‘‘(i) the need for the proposed program,

20 including data on the number of the chil21 dren and youth of limited-English pro22 ficiency in the school or district to be served

23 and the characteristics of such children and

24 youth, such as language spoken, dropout

25 rates, proficiency in English and the native
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1 language, academic standing in relation to

2 English proficient peers, and, where appli3 cable, the recency of immigration; and

4 ‘‘(ii) the program to be implemented

5 and how such program’s design—

6 ‘‘(I) relates to the linguistic and

7 academic needs of the children and

8 youth of limited-English proficiency to

9 be served; and

10 ‘‘(II) is consistent with, and pro11 motes the goals in, the local edu12 cational agency’s improvement plan

13 under section 1112, particularly as

14 such plan relates to the education of

15 children and youth of limited-English

16 proficiency;

17 ‘‘(B) provide an assurance that the appli18 cant will not reduce the level of State and local

19 funds that the applicant expends for bilingual

20 education programs if the applicant receives an

21 award under this subpart; and

22 ‘‘(C) provide an assurance that the appli23 cant will employ teachers in the proposed pro24 gram that, individually or in combination, are
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1 proficient in English, including written, as well

2 as oral, communication skills.

3 ‘‘(3) ADDITIONAL INFORMATION.—Each applica4 tion for a grant under subsection (c) or (d) shall—

5 ‘‘(A) describe—

6 ‘‘(i) current services the applicant pro7 vides to children and youth of limited-Eng8 lish proficiency;

9 ‘‘(ii) what services children and youth

10 of limited-English proficiency will receive

11 under the grant that such children or youth

12 will not otherwise receive;

13 ‘‘(iii) how funds received under this

14 subpart will be integrated with all other

15 Federal, State, local, and private resources

16 that may be used to serve children and

17 youth of limited-English proficiency; and

18 ‘‘(iv) specific achievement and school

19 retention goals for the children and youth to

20 be served by the proposed program and how

21 progress toward achieving such goals will be

22 measured; and

23 ‘‘(B) provide assurances that—
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1 ‘‘(i) the program funded will be inte2 grated with the overall educational pro3 gram; and

4 ‘‘(ii) the application has been devel5 oped in consultation with an advisory coun6 cil, the majority of whose members are par7 ents and other representatives of the chil8 dren and youth to be served in such pro9 grams.

10 ‘‘(i) LIMITATION ON FUNDING.—

11 ‘‘(1) DEVELOPMENT AND ENHANCEMENT

12 GRANTS.—Not more than 25 percent of the total

13 amount of funds that the Secretary awards under

14 subsection (b) for any fiscal year shall be used to pro15 vide funding to bilingual education programs that do

16 not use the native language.

17 ‘‘(2) COMPREHENSIVE SCHOOL GRANTS.—Not

18 more than 25 percent of the total amount of funds

19 that the Secretary awards under subsection (c) for

20 any fiscal year shall be used to provide funding to bi21 lingual education programs that do not use the native

22 language.

23 ‘‘(3) SPECIAL RULE.—Notwithstanding para24 graphs (1) and (2), the Secretary is authorized to

25 award grants for bilingual education programs that
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1 are not conducted in the native language if an appli2 cant has demonstrated that the applicant cannot de3 velop and implement a bilingual education program

4 that is conducted in the native language because—

5 ‘‘(A) the diversity of limited-English pro6 ficient students’ native languages and the small

7 number of students speaking each respective lan8 guage make instruction in the native language

9 impractical; or

10 ‘‘(B) despite documented efforts, the appli11 cant has not been able to hire qualified instruc12 tional personnel who are able to communicate in

13 the students’ native language.

14 ‘‘(j) STATE REVIEW OF APPLICATIONS UNDER PART

15 A.—In order for an eligible applicant to apply for funds

16 under this subpart, such applicant shall submit the applica17 tion to the State educational agency for review. The State

18 educational agency shall transmit such application to the

19 Secretary along with such agency’s timely comments on the

20 need within the State for the proposed program and whether

21 the proposed program is consistent with the State plan

22 under section 1111.

23 ‘‘(k) CAPACITY BUILDING.—

24 ‘‘(1) IN GENERAL.—Each recipient of a grant

25 under this section shall use the grant funds in ways
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1 that will build such recipient’s capacity to continue

2 to offer high quality bilingual education programs

3 and services to children and youth of limited-English

4 proficiency once Federal assistance is reduced or

5 eliminated.

6 ‘‘(2) SPECIAL RULE.—In making awards under

7 this subpart for any fiscal year, the Secretary shall,

8 consistent with the quality of applications and the

9 funds available under this part, increase the amount

10 of funds used to support grants under subsections (c)

11 and (d) over the amount used to support grants under

12 subsections (c) and (d) in the previous fiscal year.

13 ‘‘(l) CONSORTIA.—A local educational agency that re14 ceives a grant under this subpart may collaborate or form

15 a consortium with one or more local education agencies,

16 institutions of higher education, and nonprofit organiza17 tions to carry out a program described in an application

18 approved under this subpart.

19 ‘‘(m) SUBGRANTS.—A local educational agency that

20 receives a grant under this subpart may, with the approval

21 of the Secretary, make a subgrant to, or enter into a con22 tract with, an institution of higher education, a nonprofit

23 organization, or a consortium of such entities to carry out

24 a program described in an application approved under this

25 subpart, including a program to serve out-of-school youth.
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1 ‘‘(n) PARENTAL NOTIFICATION.—

2 ‘‘(1) IN GENERAL.—Parents of a child or youth

3 of limited-English proficiency identified for enroll4 ment in bilingual education programs shall be in5 formed of the—

6 ‘‘(A) benefits, nature, and past academic re7 sults of the bilingual educational program and of

8 the instructional alternatives; and

9 ‘‘(B) reasons for the selection of their child

10 as being in need of bilingual education.

11 ‘‘(2) OPTION TO DECLINE.—(A) Parents of a

12 child or youth of limited-English proficiency identi13 fied for enrollment in bilingual education programs

14 shall be informed that such parents have the option

15 of declining enrollment of their children in such pro16 grams and shall be given an opportunity to do so if

17 such parents so choose.

18 ‘‘(B) Nothing in this section shall be construed to

19 relieve a local educational agency, community based

20 organization or consortium receiving assistance under

21 this part of any of their obligations under title VI of

22 the Civil Rights Act of 1964 because parents choose

23 not to enroll their children in bilingual education

24 programs.
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1 ‘‘(3) INFORMATION.—Parents of a child or youth

2 of limited-English proficiency identified for enroll3 ment in bilingual education programs shall receive,

4 in a manner and form understandable to such par5 ents, including, if necessary and to the extent feasible,

6 in the native language of such parents, the informa7 tion required by this subsection. At a minimum, such

8 parents shall receive—

9 ‘‘(A) timely information about projects

10 funded under this subpart; and

11 ‘‘(B) if the parents of participating children

12 so desire, notice of opportunities for regular

13 meetings for the purpose of formulating and re14 sponding to recommendations from such parents.

15 ‘‘(o) PROGRAMS FOR NATIVE AMERICANS AND PUERTO

16 RICO.—Programs authorized under this title that serve Na17 tive American children, and children in the Commonwealth

18 of Puerto Rico, notwithstanding any other provision of this

19 title, may include programs of instruction, teacher train20 ing, curriculum development, evaluation, and testing de21 signed for Native American children and youth learning

22 and studying Native American languages and children and

23 youth of limited-Spanish proficiency, except that one out24 come of such programs serving Native American children

25 shall be increased English proficiency among such children.
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1 ‘‘Subpart 2—Research and Evaluation

2 ‘‘SEC. 7121. AUTHORITY.

3 ‘‘The Secretary is authorized to conduct data collec4 tion, dissemination, research, and evaluation activities for

5 the purpose of improving bilingual education programs for

6 children and youth of limited-English proficiency.

7 ‘‘SEC. 7122. RESEARCH.

8 ‘‘(a) AWARDS.—The Secretary may award grants and

9 enter into contracts and cooperative agreements for research

10 and evaluation activities related to improving and main11 taining high quality bilingual educational programs for

12 persons of limited-English proficiency.

13 ‘‘(b) CONSULTATION.—The Secretary shall consult

14 with agencies and organizations that are engaged in bilin15 gual education research and practice, or related research,

16 and bilingual education researchers and practitioners to

17 identify areas of study and activities to be funded under

18 this section.

19 ‘‘(c) RESEARCH AND DISSEMINATION.—The Secretary,

20 through the Office of Educational Research and Improve21 ment, if appropriate, shall—

22 ‘‘(1) conduct research on effective instruction

23 practices for multilingual classes, and on effective in24 struction strategies to be used by teachers and other

25 staff who do not know the native language of a lim26 ited-English proficient child in their classrooms; and
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1 ‘‘(2) disseminate the findings of such research.

2 ‘‘SEC. 7123. ACADEMIC EXCELLENCE AWARDS.

3 ‘‘(a) AWARDS.—The Secretary may award grants to,

4 and enter into contracts and cooperative agreements with,

5 State and local educational agencies, nonprofit organiza6 tions, and institutions of higher education to promote the

7 adoption and implementation of bilingual education pro8 grams that demonstrate great promise of assisting children

9 and youth of limited-English proficiency to meet challeng10 ing State content standards and challenging State student

11 performance standards.

12 ‘‘(b) APPLICATIONS.—

13 ‘‘(1) IN GENERAL.—Each entity desiring an

14 award under this section shall submit an application

15 to the Secretary in such form, at such time, and con16 taining such information and assurances as the Sec17 retary may require.

18 ‘‘(2) PEER REVIEW.—The Secretary shall use a

19 peer review process, using effectiveness criteria that

20 the Secretary shall establish, to review applications

21 under this section.

22 ‘‘(c) USE OF FUNDS.—Funds under this section shall

23 be used to enhance the capacity of States and local edu24 cation agencies to provide high quality academic programs
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1 for children and youth of limited-English proficiency,

2 which may include—

3 ‘‘(1) completing the development of such pro4 grams;

5 ‘‘(2) professional development of staff participat6 ing in bilingual education programs;

7 ‘‘(3) sharing strategies and materials; and

8 ‘‘(4) supporting professional networks.

9 ‘‘(d) COORDINATION.—Recipients of funds under this

10 section shall coordinate the activities assisted under this sec11 tion with activities carried out by comprehensive regional

12 centers assisted under subpart 1 of part C of title II.

13 ‘‘SEC. 7124. STATE GRANT PROGRAM.

14 ‘‘(a) STATE GRANT PROGRAM.—The Secretary is au15 thorized to make an award to a State educational agency

16 that demonstrates, to the satisfaction of the Secretary, that

17 such agency effectively provides for the education of children

18 and youth of limited-English proficiency within the State.

19 ‘‘(b) PAYMENTS.—The amount paid to a State edu20 cational agency under subsection (a) shall not exceed 5 per21 cent of the total amount awarded to local educational agen22 cies within the State under subpart 1 for the previous fiscal

23 year, except that in no case shall the amount paid by the

24 Secretary to any State educational agency under this sub25 section for any fiscal year be less than $100,000.
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1 ‘‘(c) USE OF FUNDS.—

2 ‘‘(1) IN GENERAL.—A State educational agency

3 may use funds for programs authorized by this sec4 tion to—

5 ‘‘(A) assist local educational agencies in the

6 State with program design, capacity building,

7 assessment of student performance, and program

8 evaluation;

9 ‘‘(B) operate a bilingual education advisory

10 panel under subsection (d); and

11 ‘‘(C) collect data concerning children and

12 youth of limited-English proficiency.

13 ‘‘(2) SPECIAL RULE.—Recipients of awards

14 under this section shall not restrict the provision of

15 services under this section to federally funded pro16 grams.

17 ‘‘(d) STATE BILINGUAL EDUCATION ADVISORY

18 PANEL.—Each State educational agency that receives funds

19 under this section shall appoint a broad-based bilingual

20 education advisory panel, with substantial representation

21 from persons knowledgeable about the education of limited22 English proficient students, to develop and recommend to

23 the State educational agency guidelines for reviewing, and

24 providing the Secretary with comments regarding, applica-
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1 tions for funds under subparts 1 and 3 that come from with2 in the State.

3 ‘‘(e) APPLICATIONS.—A State educational agency de4 siring to receive an award under this section shall submit

5 an application to the Secretary in such form, at such time,

6 containing such information and assurances as the Sec7 retary may require.

8 ‘‘SEC. 7125. NATIONAL CLEARINGHOUSE FOR BILINGUAL

9 EDUCATION.

10 ‘‘(a) ESTABLISHMENT.—The Secretary shall establish

11 and support the operation of a National Clearinghouse for

12 Bilingual Education, which shall collect, analyze, syn13 thesize, and disseminate information about bilingual edu14 cation and related programs.

15 ‘‘(b) FUNCTIONS.—The National Clearinghouse for Bi16 lingual Education shall—

17 ‘‘(1) coordinate its activities with Federal data

18 and information clearinghouses and dissemination

19 networks and systems;

20 ‘‘(2) develop a data base management and mon21 itoring system for improving the operation and effec22 tiveness of programs assisted under this part; and

23 ‘‘(3) develop, maintain, and disseminate,

24 through comprehensive regional centers described in

25 section 2303(a) if appropriate, a listing by geographi-
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1 cal area of education professionals, parents, teachers,

2 administrators, community members and others who

3 are native speakers of languages other than English

4 for use as a resource by local educational agencies

5 and schools in the development and implementation

6 of bilingual education programs.

7 ‘‘SEC. 7126. EVALUATIONS.

8 ‘‘(a) PROGRAM EVALUATIONS UNDER SUBPART 1.—

9 ‘‘(1) IN GENERAL.—Each recipient of funds

10 under subpart 1 shall provide the Secretary with an

11 evaluation, in the form prescribed by the Secretary, of

12 the program assisted under such subpart every 2

13 years.

14 ‘‘(2) USE.—Such evaluation shall be used by a

15 recipient of funds under subpart 1—

16 ‘‘(A) to improve such program;

17 ‘‘(B) to further define such program’s goals

18 and objectives; and

19 ‘‘(C) to determine program effectiveness.

20 ‘‘(3) CONTENTS.—Such evaluation shall in21 clude—

22 ‘‘(A) student outcome indicators that meas23 ure progress toward the challenging State stu24 dent performance standards set out in the State

25 plan approved or being developed under section
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1 1111, including data comparing children and

2 youth of limited-English proficiency with

3 nonlimited-English proficient children and youth

4 with regard to school retention, academic

5 achievement, and gains in English (and, where

6 applicable, native language) proficiency;

7 ‘‘(B) program implementation indicators

8 that provide information for informing and im9 proving program management and effectiveness,

10 including data on appropriateness of curriculum

11 in relationship to grade and course requirements,

12 appropriateness of program management, appro13 priateness of the professional development of the

14 program staff, and appropriateness of the lan15 guage of instruction;

16 ‘‘(C) program context indicators that de17 scribe the relationship of the activities funded

18 under the grant to the overall school program

19 and other Federal, State, or local programs serv20 ing children and youth of limited-English pro21 ficiency; and

22 ‘‘(D) such other information as the Sec23 retary may require.

24 ‘‘(b) PROGRAM EVALUATIONS UNDER SUBPART 3.—
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1 ‘‘(1) IN GENERAL.—Each recipient of funds

2 under subpart 3 shall provide the Secretary with an

3 evaluation of the program assisted under such subpart

4 every 2 years.

5 ‘‘(2) DATA.—Such evaluation shall include data

6 on—

7 ‘‘(A) post-program placement of persons

8 trained;

9 ‘‘(B) how the training relates to the employ10 ment of persons served by the program;

11 ‘‘(C) program completion; and

12 ‘‘(D) such other information as the Sec13 retary may require.

14 ‘‘Subpart 3—Professional Development

15 ‘‘SEC. 7131. PURPOSE.

16 ‘‘The purpose of this subpart is to improve the quality

17 of instruction for children and youth of limited-English

18 proficiency—

19 ‘‘(1) through professional development programs

20 designed—

21 ‘‘(A) for persons preparing to provide serv22 ices for children and youth of limited-English

23 proficiency;
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1 ‘‘(B) to improve the skills of persons provid2 ing services to children and youth of limited3 English proficiency; and

4 ‘‘(C) for other staff in schools serving chil5 dren and youth of limited-English proficiency;

6 and

7 ‘‘(2) by disseminating information on appro8 priate instructional practices and activities for chil9 dren and youth of limited-English proficiency to

10 other school personnel, including teachers not serving

11 such children and youth.

12 ‘‘SEC. 7132. PROFESSIONAL DEVELOPMENT GRANTS.

13 ‘‘(a) GRANTS TO INSTITUTIONS OF HIGHER EDU14 CATION.—The Secretary is authorized to make grants to in15 stitutions of higher education for—

16 ‘‘(1) preservice and inservice professional devel17 opment for individuals who are either involved in, or

18 preparing to be involved in, the provision of edu19 cational services for children and youth of limited20 English proficiency, which in the case of teachers who

21 are involved in the provision of such services may in22 clude release time with pay; and

23 ‘‘(2) national professional development institutes

24 that assist schools or departments of education in in25 stitutions of higher education to improve the quality
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1 of professional development programs for personnel

2 serving, preparing to serve, or who may serve, chil3 dren and youth of limited-English proficiency.

4 ‘‘(b) GRANTS TO STATE AND LOCAL EDUCATIONAL

5 AGENCIES.—The Secretary may make grants to State and

6 local educational agencies for inservice professional develop7 ment programs that prepare school personnel to provide ef8 fective services to limited-English proficient students.

9 ‘‘(c) USE OF FUNDS FOR SECOND LANGUAGE COM10 PETENCE.—Awards under this section may be used to de11 velop a program participant’s competence in a second lan12 guage.

13 ‘‘(d) APPLICATIONS.—

14 ‘‘(1) IN GENERAL.—An institution of higher edu15 cation, or a State or local educational agency desir16 ing to receive an award under this section shall sub17 mit, through its State educational agency, an appli18 cation to the Secretary, in such form, at such time,

19 and containing such information and assurances as

20 the Secretary may require.

21 ‘‘(2) CONSULTATION AND ASSESSMENT.—Each

22 such application shall contain a description of how

23 the applicant has consulted with, and assessed the

24 needs of, public and private schools serving children

25 and youth of limited-English proficiency to determine
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1 such school’s need for, and the design of, the program

2 for which funds are sought.

3 ‘‘(3) SPECIAL RULE.—(A) An application for a

4 grant under subsection (a) from an applicant who

5 proposes to conduct a masters or doctoral-level pro6 gram with funds received under this section shall pro7 vide an assurance that such program will include, as

8 a part of the program, a training practicum in a

9 local school program serving children and youth of

10 limited-English proficiency.

11 ‘‘(B) A recipient of a grant under subsection (a)

12 may waive the requirement of a training practicum

13 for a degree candidate with significant experience in

14 a local school program serving children and youth of

15 limited-English proficiency.

16 ‘‘(4) REVIEW.—In order for an institution of

17 higher education or a local educational agency to

18 apply for funds under this section, the State edu19 cational agency serving such institution shall review

20 the application and provide the Secretary with timely

21 comments on the need within the State for the pro22 posed program and whether the proposed program is

23 consistent with the State plan under section 1111 and

24 section 2125(b)(1).
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1 ‘‘SEC. 7133. FELLOWSHIPS.

2 ‘‘(a) ACADEMIC FELLOWSHIPS.—The Secretary may

3 award fellowships for masters, doctoral, and post-doctoral

4 study related to instruction of children and youth of lim5 ited-English proficiency in such areas as teacher training,

6 program administration, research and evaluation, and cur7 riculum development, and for the support of dissertation

8 research related to such study.

9 ‘‘(b) REPAYMENT.—

10 ‘‘(1) IN GENERAL.—Any person receiving a fel11 lowship under this section shall agree to—

12 ‘‘(A) work in an activity related to the area

13 for which the assistance was awarded or in an

14 activity such as those authorized under this part

15 for a period of time equivalent to the period of

16 time during which such person receives assist17 ance under this section; or

18 ‘‘(B) repay such assistance.

19 ‘‘(2) TERMS AND CONDITIONS.—The Secretary

20 shall establish in regulations such terms and condi21 tions for such agreement as the Secretary deems rea22 sonable and necessary and may waive the require23 ment of paragraph (1) in extraordinary cir24 cumstances.
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1 ‘‘SEC. 7134. STIPENDS.

2 ‘‘The Secretary shall provide for the payment of such

3 stipends (including allowances for subsistence and other ex4 penses for such persons and their dependents), as the Sec5 retary determines to be appropriate, to persons participat6 ing in training programs under this subpart.

7 ‘‘PART B—FOREIGN LANGUAGE ASSISTANCE

8 PROGRAM

9 ‘‘SEC. 7201. SHORT TITLE.

10 ‘‘This part may be cited as the ‘Foreign Language As11 sistance Act of 1994’.

12 ‘‘SEC. 7202. FINDINGS.

13 ‘‘The Congress finds as follows:

14 ‘‘(1) Foreign language proficiency is crucial to

15 our Nation’s economic competitiveness and national

16 security. Significant improvement in the quantity

17 and quality of foreign language instruction offered in

18 our Nation’s elementary and secondary schools is nec19 essary.

20 ‘‘(2) All Americans need a global perspective. To

21 understand the world around us, we must acquaint

22 ourselves with the languages, cultures, and history of

23 other nations.

24 ‘‘(3) Proficiency in two or more languages

25 should be promoted for all American students.

26 Multilingualism enhances cognitive and social
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1 growth, competitiveness in the global marketplace, na2 tional security, and understanding of diverse people

3 and cultures.

4 ‘‘(4) The United States lags behind other devel5 oped countries in offering foreign language study to

6 elementary and secondary school students.

7 ‘‘(5) Four out of five new jobs in the United

8 States are created from foreign trade.

9 ‘‘(6) The optimum time to begin learning a sec10 ond language is in elementary school, when children

11 have the ability to learn and excel in several foreign

12 language acquisition skills, including pronunciation,

13 and when children are most open to appreciating and

14 valuing a culture other than their own.

15 ‘‘(7) Foreign language study can increase chil16 dren’s capacity for critical and creative thinking

17 skills and children who study a second language show

18 greater cognitive development in areas such as mental

19 flexibility, creativity, tolerance, and higher order

20 thinking skills.

21 ‘‘(8) Children who have studied a foreign lan22 guage in elementary school achieve expected gains and

23 score higher on standardized tests of reading, lan24 guage arts, and mathematics than children who have

25 not studied a foreign language.
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1 ‘‘SEC. 7203. PROGRAM AUTHORIZED.

2 ‘‘(a) PROGRAM AUTHORITY.—

3 ‘‘(1) IN GENERAL.—The Secretary shall make

4 grants, on a competitive basis, to State educational

5 agencies or local educational agencies to pay the Fed6 eral share of the cost of innovative model programs

7 providing for the establishment, improvement or ex8 pansion of foreign language study for elementary and

9 secondary school students.

10 ‘‘(2) DURATION.—Each grant under paragraph

11 (1) shall be awarded for a period of 3 years.

12 ‘‘(b) REQUIREMENTS.—

13 ‘‘(1) GRANTS TO STATE EDUCATIONAL AGEN14 CIES.—In awarding a grant under subsection (a) to

15 a State educational agency, the Secretary shall sup16 port programs that promote systemic approaches to

17 improving foreign language learning in the State.

18 ‘‘(2) GRANTS TO LOCAL EDUCATIONAL AGEN19 CIES.—In awarding a grant under subsection (a) to

20 a local educational agency, the Secretary shall sup21 port programs that—

22 ‘‘(A) show the promise of being continued

23 beyond the grant period;

24 ‘‘(B) demonstrate approaches that can be

25 disseminated and duplicated in other local edu26 cational agencies; and
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1 ‘‘(C) may include a professional develop2 ment component.

3 ‘‘(c) FEDERAL SHARE.—

4 ‘‘(1) IN GENERAL.—The Federal share for each

5 fiscal year shall be 50 percent.

6 ‘‘(2) WAIVER.—The Secretary may waive the re7 quirement of paragraph (1) for any local educational

8 agency which the Secretary determines does not have

9 adequate resources to pay the non-Federal share of the

10 cost of the activities assisted under this part.

11 ‘‘(3) SPECIAL RULE.—Not less than three-fourths

12 of the funds appropriated under section 7206 shall be

13 used for the expansion of foreign language learning in

14 the elementary grades.

15 ‘‘(4) RESERVATION.—The Secretary may reserve

16 not more than 5 percent of funds appropriated under

17 section 7206 to evaluate the efficacy of programs

18 under this part.

19 ‘‘SEC. 7204. APPLICATIONS.

20 ‘‘(a) IN GENERAL.—Any State educational agency or

21 local educational agency desiring a grant under this part

22 shall submit an application to the Secretary at such time,

23 in such form, and containing such information and assur24 ances as the Secretary may require.
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1 ‘‘(b) SPECIAL CONSIDERATION.—The Secretary shall

2 give special consideration to applications describing pro3 grams that—

4 ‘‘(1) include intensive summer foreign language

5 programs for professional development;

6 ‘‘(2) link non-native English speakers in the

7 community with the schools in order to promote two8 way language learning; or

9 ‘‘(3) promote the sequential study of a foreign

10 language for students, beginning in elementary

11 schools.

12 ‘‘SEC. 7205. ELEMENTARY SCHOOL FOREIGN LANGUAGE IN13 CENTIVE PROGRAM.

14 ‘‘(a) INCENTIVE PAYMENTS.—From amounts appro15 priated under section 7206 the Secretary shall make an in16 centive payment for each fiscal year to each public elemen17 tary school that provides to students attending such school

18 a program designed to lead to communicative competency

19 in a foreign language.

20 ‘‘(b) AMOUNT.—The Secretary shall determine the

21 amount of the incentive payment under subsection (a) for

22 each public elementary school for each fiscal year on the

23 basis of the number of students participating in a program

24 described in such subsection at such school for such year
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1 compared to the total number of such students at all such

2 schools in the United States for such year.

3 ‘‘(c) REQUIREMENT.—The Secretary shall consider a

4 program to be designed to lead to communicative com5 petency in a foreign language if such program is com6 parable to a program that provides at least 45 minutes of

7 instruction in a foreign language at least 4 days per week

8 throughout an academic year.

9 ‘‘SEC. 7206. AUTHORIZATION OF APPROPRIATIONS.

10 ‘‘There are authorized to be appropriated $35,000,000

11 for the fiscal year 1995, and such sums as may be necessary

12 for each of the 4 succeeding fiscal years, to carry out this

13 part, of which not more than $20,000,000 may be used in

14 each fiscal year to carry out section 7205.

15 ‘‘PART C—ADMINISTRATION

16 ‘‘SEC. 7301. COORDINATION WITH RELATED PROGRAMS.

17 ‘‘In order to maximize the effectiveness of Federal ef18 forts aimed at serving the educational needs of children and

19 youth of limited-English proficiency, the Secretary shall co20 ordinate and ensure close cooperation with other programs

21 administered by the Department, including programs in

22 such areas as teacher training, program content, research,

23 and curriculum.
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1 ‘‘SEC. 7302. REPORT ON BILINGUAL EDUCATION.

2 ‘‘The Secretary shall, within three years of the date

3 of enactment of the Improving America’s Schools Act of

4 1994, and every third year thereafter, submit to the Con5 gress a report on the condition of bilingual education. The

6 report shall include—

7 ‘‘(1) information regarding—

8 ‘‘(A) the grants, contracts, and cooperative

9 agreements made pursuant to this title in the

10 preceding 3 fiscal years;

11 ‘‘(B) the number of individuals benefiting

12 from the programs assisted under this title;

13 ‘‘(C) the evaluation of activities carried out

14 under this title during the preceding 3 fiscal

15 years and the extent to which each such activity

16 achieves the policy set forth in section 7103(a);

17 ‘‘(D) an estimate of the number of teachers

18 and other school personnel for bilingual edu19 cation that will be necessary for the 3 succeeding

20 fiscal years; and

21 ‘‘(E) the research activities carried out

22 under this title during the preceding 3 fiscal

23 years and the major findings of such research ac24 tivities; and

25 ‘‘(2) an analysis and synthesis of such informa26 tion.
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1 ‘‘SEC. 7303. STATE EDUCATIONAL AGENCY RECOMMENDA2 TIONS; PEER REVIEW.

3 ‘‘(a) STATE EDUCATIONAL AGENCY RECOMMENDA4 TIONS.—In making awards under part A, the Secretary

5 shall take State educational agency recommendations into

6 account.

7 ‘‘(b) PEER REVIEW.—

8 ‘‘(1) IN GENERAL.—In making awards under

9 part A and in making funding decisions for continu10 ation grants under such parts, the Secretary may so11 licit recommendations from peer review panels com12 posed of individuals experienced in aspects of the edu13 cation of limited-English proficient students.

14 ‘‘(2) FUNDING.—The Secretary may use not

15 more than 0.2 percent of the total amount of funds

16 appropriated for each fiscal year for programs au17 thorized under this title for peer review of applica18 tions for assistance under such programs.

19 ‘‘PART D—SPECIAL RULE

20 ‘‘SEC. 7401. SPECIAL RULE.

21 ‘‘Notwithstanding any other provision of law, no re22 cipient of a grant under title VII of this Act (as such title

23 was in effect on the day preceding the date of enactment

24 of the Improving America’s Schools Act of 1994) shall be

25 eligible for fourth- and fifth-year renewals authorized by

26 section 7021(d)(1)(C) of such title (as such section was in
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1 effect on the day preceding the date of enactment of such

2 Act).

3 ‘‘TITLE VIII—PROGRAMS OF

4 NATIONAL SIGNIFICANCE

5 ‘‘PART A—ARTS IN EDUCATION

6 ‘‘SEC. 8101. SUPPORT FOR ARTS EDUCATION.

7 ‘‘(a) FINDINGS.—The Congress finds that—

8 ‘‘(1) the arts are forms of understanding and

9 ways of knowing that are fundamentally important to

10 education;

11 ‘‘(2) the arts are important to excellent edu12 cation and to effective school reform;

13 ‘‘(3) the most significant contribution of the arts

14 to education reform is the transformation of teaching

15 and learning;

16 ‘‘(4) such transformation is best realized in the

17 context of comprehensive, systemic education reform;

18 ‘‘(5) demonstrated competency in the arts for

19 American students is among the National Education

20 Goals;

21 ‘‘(6) arts education should be an integral part of

22 the elementary and secondary school curriculum;

23 ‘‘(7) participation in performing arts activities

24 has proven to be an effective strategy for promoting
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1 the inclusion of persons with disabilities in main2 stream settings; and

3 ‘‘(8) opportunities in the arts have enabled per4 sons of all ages with disabilities to participate more

5 fully in school and community activities.

6 ‘‘(b) PURPOSE.—The purposes of this part are to—

7 ‘‘(1) support systemic education reform by

8 strengthening arts education as an integral part of

9 the elementary and secondary school curriculum;

10 ‘‘(2) help ensure that all students have the oppor11 tunity to learn to challenging State content standards

12 and challenging State student performance standards

13 in the arts; and

14 ‘‘(3) support the national effort to enable all stu15 dents to demonstrate competence in the arts in ac16 cordance with the National Education Goals.

17 ‘‘(c) ELIGIBLE RECIPIENTS.—In order to carry out the

18 purposes of this part, the Secretary is authorized to award

19 grants to, or enter into contracts or cooperative agreements

20 with—

21 ‘‘(1) State educational agencies;

22 ‘‘(2) local educational agencies;

23 ‘‘(3) institutions of higher education;

24 ‘‘(4) museums and other cultural institutions;

25 and
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1 ‘‘(5) other public and private agencies, institu2 tions, and organizations.

3 ‘‘(d) AUTHORIZED ACTIVITIES.—Funds under this

4 part may be used for—

5 ‘‘(1) research on arts education;

6 ‘‘(2) the development of, and dissemination of in7 formation about, model arts education programs;

8 ‘‘(3) the development of model arts education as9 sessments based on high standards;

10 ‘‘(4) the development and implementation of cur11 riculum frameworks for arts education;

12 ‘‘(5) the development of model preservice and in13 service professional development programs for arts

14 educators and other instructional staff;

15 ‘‘(6) supporting collaborative activities with

16 other Federal agencies or institutions involved in arts

17 education, such as the National Endowment for the

18 Arts, the Institute of Museum Services, the John F.

19 Kennedy Center for the Performing Arts, Very Special

20 Arts, and the National Gallery of Art;

21 ‘‘(7) supporting model projects and programs in

22 the performing arts for children and youth through

23 arrangements made with the John F. Kennedy Center

24 for the Performing Arts;
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1 ‘‘(8) supporting model projects and programs de2 veloped by Very Special Arts which assure the par3 ticipation in mainstream settings in arts and edu4 cation programs of persons of all ages with disabil5 ities;

6 ‘‘(9) supporting model projects and programs to

7 integrate arts education into the regular elementary

8 and secondary school curriculum; and

9 ‘‘(10) other activities that further the purposes of

10 this part.

11 ‘‘(e) COORDINATION.—

12 ‘‘(1) IN GENERAL.—A recipient of funds under

13 this part shall, to the extent possible, coordinate

14 projects assisted under this part with appropriate ac15 tivities of public and private cultural agencies, insti16 tutions, and organizations, including museums, arts

17 education associations, libraries, and theaters.

18 ‘‘(2) SPECIAL RULE.—In carrying out this part,

19 the Secretary shall coordinate with the National En20 dowment for the Arts, the Institute of Museum Serv21 ices, the John F. Kennedy Center for the Performing

22 Arts, Very Special Arts, and the National Gallery of

23 Art.

24 ‘‘(f) AUTHORIZATION.—
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1 ‘‘(1) IN GENERAL.—For the purpose of carrying

2 out this part, there are authorized to be appropriated

3 $11,000,000 for fiscal year 1995 and such sums as

4 may be necessary for each of the 4 succeeding fiscal

5 years.

6 ‘‘(2) SPECIAL RULE.—If the amount appro7 priated under paragraph (1) for any fiscal year is

8 $9,000,000 or less, then such amount shall only be

9 available to carry out the activities described in para10 graphs (7) and (8) of subsection (d).

11 ‘‘PART B—INEXPENSIVE BOOK DISTRIBUTION

12 PROGRAM

13 ‘‘SEC. 8151. INEXPENSIVE BOOK DISTRIBUTION PROGRAM

14 FOR READING MOTIVATION.

15 ‘‘(a) AUTHORIZATION.—The Secretary is authorized to

16 enter into a contract with Reading is Fundamental (RIF)

17 (hereafter in this section referred to as ‘the contractor’) to

18 support and promote programs, which include the distribu19 tion of inexpensive books to students, that motivate children

20 to read.

21 ‘‘(b) REQUIREMENTS OF CONTRACT.—Any contract

22 entered into under subsection (a) shall—

23 ‘‘(1) provide that the contractor will enter into

24 subcontracts with local private nonprofit groups or

25 organizations or with public agencies under which
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1 each subcontractor will agree to establish, operate,

2 and provide the non-Federal share of the cost of read3 ing motivation programs that include the distribution

4 of books, by gift, to the extent feasible, or loan, to chil5 dren from birth through secondary school age;

6 ‘‘(2) provide that funds made available to sub7 contractors will be used only to pay the Federal share

8 of the cost of such programs;

9 ‘‘(3) provide that in selecting subcontractors for

10 initial funding, the contractor will give priority to

11 programs that will serve a substantial number or per12 centage of children with special needs, such as—

13 ‘‘(A) low-income children, particularly in

14 high-poverty areas;

15 ‘‘(B) children at risk of school failure;

16 ‘‘(C) children with disabilities;

17 ‘‘(D) foster children;

18 ‘‘(E) homeless children;

19 ‘‘(F) migrant children;

20 ‘‘(G) children without access to libraries;

21 ‘‘(H) institutionalized or incarcerated chil22 dren; and

23 ‘‘(I) children whose parents are institu24 tionalized or incarcerated;
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1 ‘‘(4) provide that the contractor will provide

2 such technical assistance to subcontractors as may be

3 necessary to carry out the purpose of this section;

4 ‘‘(5) provide that the contractor will annually

5 report to the Secretary the number of, and describe,

6 programs funded under paragraph (3); and

7 ‘‘(6) include such other terms and conditions as

8 the Secretary determines to be appropriate to ensure

9 the effectiveness of such programs.

10 ‘‘(c) RESTRICTION ON PAYMENTS.—The Secretary

11 shall make no payment of the Federal share of the cost of

12 acquiring and distributing books under any contract under

13 this section unless the Secretary determines that the con14 tractor or subcontractor, as the case may be, has made ar15 rangements with book publishers or distributors to obtain

16 books at discounts at least as favorable as discounts that

17 are customarily given by such publisher or distributor for

18 book purchases made under similar circumstances in the

19 absence of Federal assistance.

20 ‘‘(d) DEFINITION OF ‘FEDERAL SHARE’.—For the pur21 pose of this section, the term ‘Federal share’ means, with

22 respect to the cost to a subcontractor of purchasing books

23 to be paid under this section, 75 percent of such costs to

24 the subcontractor, except that the Federal share for pro-
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1 grams serving children of migrant or seasonal farmworkers

2 shall be 100 percent of such costs to the subcontractor.

3 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—For the

4 purpose of carrying out this section, there are authorized

5 to be appropriated $11,000,000 for fiscal year 1995 and

6 such sums as may be necessary for each of the 4 succeeding

7 fiscal years.

8 ‘‘PART C—PUBLIC CHARTER SCHOOLS

9 ‘‘SEC. 8201. FINDINGS AND PURPOSE.

10 ‘‘(a) FINDINGS.—The Congress finds that—

11 ‘‘(1) enhancement of parent and student choices

12 among public schools can assist in promoting com13 prehensive educational reform and give more students

14 the opportunity to learn to challenging State content

15 standards and challenging State student performance

16 standards, if sufficiently diverse and high-quality

17 choices, and genuine opportunities to take advantage

18 of such choices, are available to all students;

19 ‘‘(2) useful examples of such choices can come

20 from States and communities that experiment with

21 methods of offering teachers and other educators, par22 ents, and other members of the public the opportunity

23 to design and implement new public schools and to

24 transform existing public schools;
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1 ‘‘(3) the new schools developed through such proc2 ess should be free to test a variety of educational ap3 proaches and should, therefore, be exempted from re4 strictive rules and regulations if the leadership of

5 such schools commits to attaining specific and ambi6 tious educational results for students consistent with

7 challenging State content standards and challenging

8 State student performance standards for all students;

9 ‘‘(4) charter schools, as such schools have been

10 implemented in a few States, can embody the nec11 essary mixture of enhanced choice, exemption from re12 strictive regulations, and a focus on learning gains;

13 ‘‘(5) charter schools, including charter schools

14 that are schools-within-schools, can help reduce school

15 size, which reduction can have a significant effect on

16 student achievement;

17 ‘‘(6) the Federal Government should test, evalu18 ate, and disseminate information on a variety of

19 charter school models in order to help demonstrate the

20 benefits of this promising educational reform; and

21 ‘‘(7) there is a strong documented need for cash

22 flow assistance to charter schools that are starting up,

23 because State and local operating revenue streams are

24 not immediately available.
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1 ‘‘(b) PURPOSE.—It is the purpose of this part to in2 crease national understanding of the charter schools model

3 by—

4 ‘‘(1) providing financial assistance for the design

5 and initial implementation of charter schools; and

6 ‘‘(2) evaluating the effects of such schools, includ7 ing the effects on students, staff, and parents.

8 ‘‘SEC. 8202. PROGRAM AUTHORIZED.

9 ‘‘(a) IN GENERAL.—The Secretary may award grants

10 to State educational agencies having applications approved

11 pursuant to section 8203 to enable such agencies to conduct

12 a charter school grant program in accordance with this

13 part.

14 ‘‘(b) SPECIAL RULE.—If a State educational agency

15 elects not to participate in the program authorized by this

16 part or does not have an application approved under sec17 tion 8203, the Secretary may award a grant to an eligible

18 applicant that serves such State and has an application

19 approved pursuant to section 8203(c).

20 ‘‘(c) PROGRAM PERIODS.—

21 ‘‘(1) GRANTS TO STATES.—Grants awarded to

22 State educational agencies under this part shall be

23 awarded for a period of not more than 3 years.

24 ‘‘(2) GRANTS TO ELIGIBLE APPLICANTS.—Grants

25 awarded by the Secretary to eligible applicants or
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1 subgrants awarded by State educational agencies to

2 eligible applicants under this part shall be awarded

3 for a period of not more than 3 years, of which the

4 eligible applicant may use—

5 ‘‘(A) not more than 18 months for planning

6 and program design; and

7 ‘‘(B) not more than 2 years for the initial

8 implementation of a charter school.

9 ‘‘(d) LIMITATION.—The Secretary shall not award

10 more than one grant and State educational agencies shall

11 not award more than one subgrant under this part to sup12 port a particular charter school.

13 ‘‘(e) USE OF FUNDS.—

14 ‘‘(1) STATE EDUCATIONAL AGENCIES.—Each

15 State educational agency receiving a grant under this

16 part shall use such grant funds to award subgrants

17 to one or more eligible applicants in the State to en18 able such applicant to plan and implement a charter

19 school in accordance with this part.

20 ‘‘(2) ELIGIBLE APPLICANTS.—Each eligible ap21 plicant receiving funds from the Secretary or a State

22 educational agency shall use such funds to plan and

23 implement a charter school in accordance with this

24 part.
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1 ‘‘(3) ALLOWABLE ACTIVITIES.—An eligible appli2 cant receiving a grant or subgrant under this part

3 may use the grant or subgrant funds only for—

4 ‘‘(A) post-award planning and design of the

5 educational program, which may include—

6 ‘‘(i) refinement of the desired edu7 cational results and of the methods for

8 measuring progress toward achieving those

9 results; and

10 ‘‘(ii) professional development of teach11 ers and other staff who will work in the

12 charter school; and

13 ‘‘(B) initial implementation of the charter

14 school, which may include—

15 ‘‘(i) informing the community about

16 the school;

17 ‘‘(ii) acquiring necessary equipment

18 and educational materials and supplies;

19 ‘‘(iii) acquiring or developing curricu20 lum materials;

21 ‘‘(iv) minor remodeling or renovation

22 of facilities needed to meet State or local

23 health or safety laws or regulations; and

24 ‘‘(v) other initial operational costs that

25 cannot be met from State or local sources.
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1 ‘‘(4) ADMINISTRATIVE EXPENSES.—Each State

2 educational agency receiving a grant pursuant to this

3 part may reserve not more than 5 percent of such

4 grant funds for administrative expenses associated

5 with the charter school grant program assisted under

6 this part.

7 ‘‘(5) REVOLVING LOAN FUNDS.—Each State edu8 cational agency receiving a grant pursuant to this

9 part may reserve not more than 20 percent of the

10 grant amount for the establishment of a revolving

11 loan fund. Such fund may be used to make loans to

12 eligible applicants that have received a subgrant

13 under this part, under such terms as may be deter14 mined by the State educational agency, for the initial

15 operation of the charter school grant program of such

16 recipient until such time as the recipient begins re17 ceiving ongoing operational support from State or

18 local financing sources.

19 ‘‘SEC. 8203. APPLICATIONS.

20 ‘‘(a) APPLICATIONS FROM STATE AGENCIES.—Each

21 State educational agency desiring a grant under this part

22 shall submit to the Secretary an application at such time,

23 in such manner, and containing or accompanied by such

24 information as the Secretary may require.
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1 ‘‘(b) CONTENTS OF A STATE EDUCATIONAL AGENCY

2 APPLICATION.—Each application submitted pursuant to

3 subsection (a) shall—

4 ‘‘(1) describe the objectives of the State edu5 cational agency’s charter school grant program and a

6 description of how such objectives will be fulfilled, in7 cluding steps taken by the State educational agency

8 to inform teachers, parents, and communities of the

9 State educational agency’s charter school grant pro10 gram;

11 ‘‘(2) contain assurances that the State edu12 cational agency—

13 ‘‘(A) will grant, or will obtain, waivers of

14 State statutory or regulatory requirements pro15 vided for in the State’s charter schools law; and

16 ‘‘(B) will assist each subgrantee in the State

17 in receiving a waiver under section 8204(e);

18 ‘‘(3) contain assurances that the State edu19 cational agency will require each eligible applicant

20 desiring to receive a subgrant to submit an applica21 tion to the State educational agency containing—

22 ‘‘(A) a description of the educational pro23 gram to be implemented by the proposed charter

24 school, including—
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1 ‘‘(i) how the program will enable all

2 students to meet challenging State student

3 performance standards;

4 ‘‘(ii) the grade levels or ages of children

5 to be served; and

6 ‘‘(iii) the curriculum and instructional

7 practices to be used;

8 ‘‘(B) a description of how the charter school

9 will be managed;

10 ‘‘(C) a description of—

11 ‘‘(i) the objectives of the charter school;

12 and

13 ‘‘(ii) the methods by which the charter

14 school will determine its progress toward

15 achieving those objectives;

16 ‘‘(D) a description of the administrative re17 lationship between the charter school and the au18 thorized public chartering agency;

19 ‘‘(E) a description of how parents and other

20 members of the community will be involved in

21 the design and implementation of the charter

22 school;

23 ‘‘(F) a description of how the authorized

24 public chartering agency will provide for contin25 ued operation of the school once the Federal
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1 grant has expired, if such agency determines that

2 the school has met the objectives described in sub3 paragraph (C)(i);

4 ‘‘(G) a request and justification for waivers

5 of any Federal statutory or regulatory require6 ments that the applicant believes are necessary

7 for the successful operation of the charter school;

8 ‘‘(H) a description of how the subgrant

9 funds or grant funds, as appropriate, will be

10 used, including a description of how such funds

11 will be used in conjunction with other Federal

12 programs administered by the Secretary;

13 ‘‘(I) a description of how students in the

14 community will be—

15 ‘‘(i) informed about the charter school;

16 and

17 ‘‘(ii) given an equal opportunity to at18 tend the charter school;

19 ‘‘(J) an assurance that the eligible appli20 cant will annually provide the Secretary and the

21 State educational agency such information as

22 may be required to determine if the charter

23 school is making satisfactory progress toward

24 achieving the objectives described in subpara25 graph (C)(i);
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1 ‘‘(K) an assurance that the applicant will

2 cooperate with the Secretary and the State edu3 cational agency in evaluating the program as4 sisted under this part; and

5 ‘‘(L) such other information and assurances

6 as the Secretary and the State educational agen7 cy may require.

8 ‘‘(c) APPLICATIONS FROM ELIGIBLE APPLICANTS.—

9 ‘‘(1) IN GENERAL.—Each eligible applicant de10 siring a grant pursuant to section 8202(e)(1) or

11 8202(b) shall submit an application to the State edu12 cational agency or Secretary, respectively, at such

13 time, in such manner, and accompanied by such in14 formation as the State educational agency or Sec15 retary, respectively, may reasonably require.

16 ‘‘(d) CONTENTS OF ELIGIBLE AGENCY APPLICATION.—

17 Each application submitted pursuant to subsection (c) shall

18 contain the information and assurances described in sub19 paragraphs (A) through (L) of subsection (b)(3), except that

20 for purpose of this sentence subparagraphs (J), (K), and

21 (L) of such subsection shall be applied by striking ‘‘and the

22 State educational agency’’ each place such term appears.

23 ‘‘SEC. 8204. ADMINISTRATION.

24 ‘‘(a) SELECTION CRITERIA FOR STATE EDUCATIONAL

25 AGENCIES.—The Secretary shall award grants to State edu-
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1 cational agencies under this part on the basis of the quality

2 of the applications submitted under section 8203, after tak3 ing into consideration such factors as—

4 ‘‘(1) the contribution that the charter schools

5 grant program will make to achieving State content

6 standards and State student performance standards

7 and, in general, a State’s education improvement

8 plan;

9 ‘‘(2) the degree of flexibility afforded by the State

10 educational agency to charter schools under the

11 State’s charter schools law;

12 ‘‘(3) the ambitiousness of the objectives for the

13 State charter school grant program;

14 ‘‘(4) the quality of the process for assessing

15 achievement of those objectives; and

16 ‘‘(5) the likelihood that the charter school grant

17 program will meet those objectives and improve edu18 cational results for students.

19 ‘‘(b) SELECTION CRITERIA FOR ELIGIBLE APPLI20 CANTS.—The Secretary shall award grants to eligible appli21 cants under this part on the basis of the quality of the ap22 plications submitted under section 8203, after taking into

23 consideration such factors as—

24 ‘‘(1) the quality of the proposed curriculum and

25 instructional practices;
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1 ‘‘(2) the degree of flexibility afforded by the State

2 educational agency and, if applicable, the local edu3 cational agency to the charter school;

4 ‘‘(3) the extent of community support for the ap5 plication;

6 ‘‘(4) the ambitiousness of the objectives for the

7 charter school;

8 ‘‘(5) the quality of the process for assessing

9 achievement of those objectives; and

10 ‘‘(6) the likelihood that the charter school will

11 meet those objectives and improve educational results

12 for students.

13 ‘‘(c) PEER REVIEW.—The Secretary, and each State

14 educational agency receiving a grant under this part, shall

15 use a peer review process to review applications for assist16 ance under this part.

17 ‘‘(d) DIVERSITY OF PROJECTS.—The Secretary and

18 each State educational agency receiving a grant under this

19 part, shall award subgrants under this part in a manner

20 that, to the extent possible, ensures that such grants and

21 subgrants—

22 ‘‘(1) are distributed throughout different areas of

23 the Nation and each State, including urban and rural

24 areas; and
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1 ‘‘(2) will assist charter schools representing a va2 riety of educational approaches, such as approaches

3 designed to reduce school size.

4 ‘‘(e) WAIVERS.—The Secretary may waive any statu5 tory or regulatory requirement over which the Secretary ex6 ercises administrative authority except any such require7 ment relating to the elements of a charter school described

8 in section 8206(1), if—

9 ‘‘(1) the waiver is requested in an approved ap10 plication under this part; and

11 ‘‘(2) the Secretary determines that granting such

12 a waiver will promote the purpose of this part.

13 ‘‘SEC. 8205. NATIONAL ACTIVITIES.

14 ‘‘The Secretary may reserve not more than 10 percent

15 of the funds available to carry out this part for any fiscal

16 year for—

17 ‘‘(1) peer review of applications under section

18 8204(c);

19 ‘‘(2) an evaluation of charter schools, including

20 those assisted under this part; and

21 ‘‘(3) other activities designed to enhance the suc22 cess of the activities assisted under this part, such

23 as—

24 ‘‘(A) development and dissemination of

25 model State charter school laws and model con-
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1 tracts or other means of authorizing and mon2 itoring the performance of charter schools;

3 ‘‘(B) collection and dissemination of infor4 mation on successful charter schools; and

5 ‘‘(C) conferences, publications, and use of

6 telecommunications and other means to share

7 ideas and information among grant recipients

8 and others about charter schools.

9 ‘‘SEC. 8206. DEFINITIONS.

10 ‘‘As used in this part:

11 ‘‘(1) The term ‘charter school’ means a public

12 school that—

13 ‘‘(A) in accordance with an enabling State

14 statute, is exempted from significant State or

15 local rules that inhibit the flexible operation and

16 management of public schools, but not from any

17 rules relating to the other requirements of this

18 paragraph;

19 ‘‘(B) is created by a developer as a public

20 school, or is adapted by a developer from an ex21 isting public school, and is operated under pub22 lic supervision and direction;

23 ‘‘(C) operates in pursuit of a specific set of

24 educational objectives determined by the school’s
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1 developer and agreed to by the authorized public

2 chartering agency;

3 ‘‘(D) provides a program of elementary or

4 secondary education, or both;

5 ‘‘(E) is nonsectarian in its programs, ad6 missions policies, employment practices, and all

7 other operations, and is not affiliated with a sec8 tarian school or religious institution;

9 ‘‘(F) does not charge tuition;

10 ‘‘(G) complies with the Age Discrimination

11 Act of 1975, title VI of the Civil Rights Act of

12 1964, title IX of the Education Amendments of

13 1972, section 504 of the Rehabilitation Act of

14 1973, and part B of the Individuals with Dis15 abilities Education Act;

16 ‘‘(H) admits students on the basis of a lot17 tery, if more students apply for admission than

18 can be accommodated;

19 ‘‘(I) agrees to comply with the same Federal

20 and State audit requirements as do other schools

21 in the State, unless such requirements are spe22 cifically waived for the purpose of this program;

23 and

24 ‘‘(J) meets all applicable Federal, State,

25 and local health and safety requirements.
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1 ‘‘(2) The term ‘developer’ means an individual

2 or group of individuals (including a public or private

3 nonprofit organization), which may include teachers,

4 administrators and other school staff, parents, or

5 other members of the local community in which a

6 charter school project will be carried out.

7 ‘‘(3) The term ‘eligible applicant’ means an au8 thorized public chartering agency participating in a

9 partnership with a developer to establish a charter

10 school in accordance with this part.

11 ‘‘(4) The term ‘authorized public chartering

12 agency’ means a State educational agency, local edu13 cational agency, or other public entity that has the

14 authority pursuant to State law to authorize or ap15 prove a charter school.

16 ‘‘SEC. 8207. AUTHORIZATION OF APPROPRIATIONS.

17 ‘‘For the purpose of carrying out this part, there are

18 authorized to be appropriated $15,000,000 for fiscal year

19 1995 and such sums as may be necessary for each of the

20 4 succeeding fiscal years.

21 ‘‘PART D—CIVIC EDUCATION

22 ‘‘SEC. 8251. INSTRUCTION ON THE HISTORY AND PRIN23 CIPLES OF DEMOCRACY IN THE UNITED

24 STATES.

25 ‘‘(a) GENERAL AUTHORITY.—
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1 ‘‘(1) PROGRAM ESTABLISHED.—(A) The Sec2 retary is authorized to carry out a program to en3 hance the attainment of the third and sixth National

4 Education Goals by educating students about the his5 tory and principles of the Constitution of the United

6 States, including the Bill of Rights, and to foster civic

7 competence and responsibility.

8 ‘‘(B) Such program shall be known as ‘We the

9 People . . . The Citizen and the Constitution’.

10 ‘‘(2) EDUCATIONAL ACTIVITIES.—The program

11 required by paragraph (1) shall—

12 ‘‘(A) continue and expand the educational

13 activities of the ‘We the People . . . The Citizen

14 and the Constitution’ program administered by

15 the Center for Civic Education; and

16 ‘‘(B) enhance student attainment of chal17 lenging content standards in civics and govern18 ment.

19 ‘‘(3) CONTRACT OR GRANT AUTHORIZED.—The

20 Secretary is authorized to enter into a contract or

21 grant with the Center for Civic Education to carry

22 out the program described in paragraph (1).

23 ‘‘(b) PROGRAM CONTENT.—The education program

24 authorized by this section shall provide—
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1 ‘‘(1) a course of instruction on the basic prin2 ciples of our constitutional democracy and the history

3 of the Constitution and the Bill of Rights;

4 ‘‘(2) at the request of a participating school,

5 school and community simulated congressional hear6 ings following the course of study; and

7 ‘‘(3) an annual national competition of simu8 lated congressional hearings for secondary students

9 who wish to participate in such program.

10 ‘‘(c) PROGRAM CONTENT.—The education program au11 thorized by this section shall be made available to public

12 and private elementary and secondary schools in the 435

13 congressional districts, the Commonwealth of Puerto Rico,

14 the Virgin Islands, Guam, American Samoa, and the Dis15 trict of Columbia.

16 ‘‘(d) SPECIAL RULE.—After the provisions of sub17 section (b) have been implemented, funds provided under

18 this section may be used for—

19 ‘‘(1) advanced training of teachers about the

20 United States Constitution and the political system

21 the United States created; or

22 ‘‘(2) a course of instruction at the middle school

23 level on the roles of State and local governments in

24 the Federal system established by the Constitution,

25 which course shall provide for—
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1 ‘‘(A) optional school and community simu2 lated State legislative hearings;

3 ‘‘(B) an annual competition of simulated

4 legislative hearings at the State legislative dis5 trict, State, and national levels for middle school

6 students who wish to participate in the program;

7 and

8 ‘‘(C) participation by public and private

9 middle schools in the 50 States, the District of

10 Columbia, Commonwealth of Puerto Rico, Guam,

11 American Samoa, the Virgin Islands, the Com12 monwealth of the Northern Mariana Islands, the

13 Republic of the Marshall Islands, the Federated

14 States of Micronesia, and Palau.

15 ‘‘SEC. 8252. INSTRUCTION IN CIVICS, GOVERNMENT, AND

16 THE LAW.

17 ‘‘(a) PROGRAM ESTABLISHED.—The Secretary is au18 thorized to carry out a program of grants and contracts

19 to assist State and local educational agencies and other

20 public and private nonprofit agencies, organizations and

21 institutions to enhance—

22 ‘‘(1) attainment by students of challenging State

23 content standards and challenging State student per24 formance standards in civics, government, and the

25 law; and
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1 ‘‘(2) attainment by the Nation of the third and

2 the sixth National Education Goals.

3 ‘‘(b) AUTHORIZED ACTIVITIES.—Assistance under this

4 section may support new and ongoing programs in elemen5 tary and secondary schools that provide for—

6 ‘‘(1) the development and implementation of cur7 ricular programs that enhance student understanding

8 of—

9 ‘‘(A) the values and principles which under10 lie, and the institutions and processes which

11 comprise, our Nation’s system of government;

12 ‘‘(B) the role of law in our constitutional

13 democracy, including activities to promote—

14 ‘‘(i) legal literacy;

15 ‘‘(ii) a dedication by students to the

16 use of nonviolent means of conflict resolu17 tion such as arbitration, mediation, nego18 tiation, trials, and appellate hearings; and

19 ‘‘(iii) respect for cultural diversity and

20 acceptance of cultural differences; and

21 ‘‘(C) the rights and responsibilities of citi22 zenship;

23 ‘‘(2) professional development for teachers, in24 cluding preservice and inservice training;
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1 ‘‘(3) outside-the-classroom learning experiences

2 for students, including community service activities;

3 ‘‘(4) the active participation of community lead4 ers, from the public and private sectors, in the schools;

5 and

6 ‘‘(5) the provision of technical assistance to State

7 and local educational agencies and other institutions

8 and organizations working to further the progress of

9 the Nation in attaining the third and sixth National

10 Education Goals regarding civics and government.

11 ‘‘(c) APPLICATIONS, PEER REVIEW AND PRIORITY.—

12 ‘‘(1) SUBMISSION OF APPLICATIONS.—A State or

13 local educational agency, other public or private non14 profit agency, organization, or institution that desires

15 to receive a grant or enter into a contract under this

16 section shall submit an application to the Secretary

17 at such time, in such manner, and containing or ac18 companied by such information as the Secretary may

19 reasonably require.

20 ‘‘(2) PEER REVIEW.—(A) The Secretary shall

21 convene a panel of individuals for purpose of review22 ing and rating applications submitted under para23 graph (1).
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1 ‘‘(B) Such individuals shall have experience with

2 education programs in civics, government, and the

3 law.

4 ‘‘(3) PRIORITY.—In making grants or awarding

5 contracts under this section, the Secretary shall give

6 priority consideration to applications which propose

7 the operation of statewide programs.

8 ‘‘(d) DURATION OF GRANTS AND EXCEPTION.—

9 ‘‘(1) DURATION.—Except as provided in para10 graph (2), the Secretary shall make grants and enter

11 into contracts under this section for periods of two or

12 three years.

13 ‘‘(2) EXCEPTION.—The Secretary may make a

14 grant or enter into a contract under this section for

15 a period of less than 2 years if the Secretary deter16 mines that special circumstances exist which warrant

17 a 1-year grant or contract award.

18 ‘‘SEC. 8253. REPORT; AUTHORIZATION OF APPROPRIA19 TIONS.

20 ‘‘(a) REPORT.—The Secretary shall report, on a bien21 nial basis and in accordance with section 10701, to the

22 Committee on Education and Labor of the House of Rep23 resentatives and to the Committee on Labor and Human

24 Resources of the Senate regarding the distribution and use

25 of funds authorized under this part.
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1 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—

2 ‘‘(1) IN GENERAL.—To carry out this part, there

3 are authorized to be appropriated $20,000,000 for fis4 cal year 1995 and such sums as necessary for each of

5 the 4 succeeding fiscal years.

6 ‘‘(2) ALLOCATION.—From the amount appro7 priated under subsection (a), the Secretary shall allo8 cate—

9 ‘‘(A) 50 percent of such amount to carry out

10 section 8251; and

11 ‘‘(B) 50 percent of such amount to carry

12 out section 8252.

13 ‘‘PART E—ALLEN J. ELLENDER FELLOWSHIP

14 PROGRAM

15 ‘‘SEC. 8301. FINDINGS.

16 ‘‘The Congress finds as follows:

17 ‘‘(1) It is a worthwhile goal to ensure that all

18 students in America are prepared for responsible citi19 zenship and that all students should have the oppor20 tunity to be involved in activities that promote and

21 demonstrate good citizenship.

22 ‘‘(2) It is a worthwhile goal to ensure that Amer23 ica’s educators have access to programs for the contin24 ued improvement of their professional skills.
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1 ‘‘(3) Allen J. Ellender, a Senator from Louisi2 ana and President pro tempore of the United States

3 Senate, had a distinguished career in public service

4 characterized by extraordinary energy and real con5 cern for young people. Senator Ellender provided val6 uable support and encouragement to the Close Up

7 Foundation, a nonpartisan, nonprofit foundation

8 promoting knowledge and understanding of the Fed9 eral Government among young people and educators.

10 Therefore, it is a fitting and appropriate tribute to

11 Senator Ellender to provide fellowships in his name

12 to students of limited economic means, the teachers

13 who work with such students, and older Americans, so

14 that such students, teachers, and older Americans

15 may participate in the programs supported by the

16 Close Up Foundation.

17 ‘‘Subpart 1—Program for Middle and Secondary

18 School Students

19 ‘‘SEC. 8311. ESTABLISHMENT.

20 ‘‘(a) GENERAL AUTHORITY.—The Secretary is author21 ized to make grants in accordance with the provisions of

22 this title to the Close Up Foundation of Washington, Dis23 trict of Columbia, a nonpartisan, nonprofit foundation, for

24 the purpose of assisting the Close Up Foundation in carry25 ing out its programs of increasing understanding of the
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1 Federal Government among middle and secondary school

2 students.

3 ‘‘(b) USE OF FUNDS.—Grants under this subpart shall

4 be used only to provide financial assistance to economically

5 disadvantaged students who participate in the program de6 scribed in subsection (a). Financial assistance received pur7 suant to this subpart by such students shall be known as

8 Allen J. Ellender fellowships.

9 ‘‘SEC. 8312. APPLICATIONS.

10 ‘‘(a) APPLICATION REQUIRED.—No grant under this

11 subpart may be made except upon an application at such

12 time, in such manner, and accompanied by such informa13 tion as the Secretary may reasonably require.

14 ‘‘(b) CONTENTS OF APPLICATION.—Each such applica15 tion shall contain provisions to assure—

16 ‘‘(1) that fellowship grants are made to economi17 cally disadvantaged middle and secondary school stu18 dents;

19 ‘‘(2) that every effort will be made to ensure the

20 participation of students from rural and small town

21 areas, as well as from urban areas, and that in

22 awarding fellowships to economically disadvantaged

23 students, special consideration will be given to the

24 participation of students with special educational
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1 needs, including students with disabilities, ethnic mi2 nority students, and gifted and talented students; and

3 ‘‘(3) the proper disbursement of the funds of the

4 United States received under this subpart.

5 ‘‘Subpart 2—Program for Middle and Secondary

6 School Teachers

7 ‘‘SEC. 8321. ESTABLISHMENT.

8 ‘‘(a) GENERAL AUTHORITY.—The Secretary is author9 ized to make grants in accordance with the provisions of

10 this subpart to the Close Up Foundation of Washington,

11 District of Columbia, a nonpartisan, nonprofit foundation,

12 for the purpose of assisting the Close Up Foundation in

13 carrying out its programs of teaching skills enhancement

14 for middle and secondary school teachers.

15 ‘‘(b) USE OF FUNDS.—Grants under this subpart shall

16 be used only for financial assistance to teachers who par17 ticipate in the program described in subsection (a). Finan18 cial assistance received pursuant to this subpart by such

19 individuals shall be known as Allen J. Ellender fellowships.

20 ‘‘SEC. 8322. APPLICATIONS.

21 ‘‘(a) APPLICATION REQUIRED.—No grant under this

22 subpart may be made except upon an application at such

23 time, in such manner, and accompanied by such informa24 tion as the Secretary may reasonably require.
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1 ‘‘(b) CONTENTS OF APPLICATION.—Each such applica2 tion shall contain provisions to assure—

3 ‘‘(1) that fellowship grants are made only to

4 teachers who have worked with at least one student

5 from such teacher’s school who participates in the

6 programs described in section 8311(a);

7 ‘‘(2) that not more than one teacher in each

8 school participating in the programs provided for in

9 section 8311(a) may receive a fellowship in any fiscal

10 year; and

11 ‘‘(3) the proper disbursement of the funds of the

12 United States received under this subpart.

13 ‘‘Subpart 3—Programs for Recent Immigrants,

14 Students of Migrant Parents and Older Americans

15 ‘‘SEC. 8331. ESTABLISHMENT.

16 ‘‘(a) GENERAL AUTHORITY.—

17 ‘‘(1) IN GENERAL.—The Secretary is authorized

18 to make grants in accordance with the provisions of

19 this subpart to the Close Up Foundation of Washing20 ton, District of Columbia, a nonpartisan, nonprofit

21 foundation, for the purpose of assisting the Close Up

22 Foundation in carrying out its programs of increas23 ing understanding of the Federal Government among

24 economically disadvantaged older Americans, recent

25 immigrants and students of migrant parents.
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1 ‘‘(2) DEFINITION.—For the purpose of this sub2 part, the term ‘older American’ means an individual

3 who has attained 55 years of age.

4 ‘‘(b) USE OF FUNDS.—Grants under this subpart shall

5 be used only for financial assistance to economically dis6 advantaged older Americans, recent immigrants and stu7 dents of migrant parents who participate in the program

8 described in subsection (a). Financial assistance received

9 pursuant to this subpart by such individuals shall be known

10 as Allen J. Ellender fellowships.

11 ‘‘SEC. 8332. APPLICATIONS.

12 ‘‘(a) APPLICATION REQUIRED.—No grant under this

13 subpart may be made except upon application at such time,

14 in such manner, and accompanied by such information as

15 the Secretary may reasonably require.

16 ‘‘(b) CONTENTS OF APPLICATION.—Each such applica17 tion shall contain provisions to assure—

18 ‘‘(1) that fellowship grants are made to economi19 cally disadvantaged older Americans, recent immi20 grants and students of migrant parents;

21 ‘‘(2) that every effort will be made to ensure the

22 participation of older Americans, recent immigrants

23 and students of migrant parents from rural and

24 small town areas, as well as from urban areas, and

25 that in awarding fellowships, special consideration
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1 will be given to the participation of older Americans,

2 recent immigrants and students of migrant parents

3 with special needs, including individuals with dis4 abilities, ethnic minorities, and gifted and talented

5 students;

6 ‘‘(3) that activities permitted by subsection (a)

7 are fully described; and

8 ‘‘(4) the proper disbursement of the funds of the

9 United States received under this subpart.

10 ‘‘Subpart 4—General Provisions

11 ‘‘SEC. 8341. ADMINISTRATIVE PROVISIONS.

12 ‘‘(a) GENERAL RULE.—Payments under this part may

13 be made in installments, in advance, or by way of reim14 bursement, with necessary adjustments on account of

15 underpayment or overpayment.

16 ‘‘(b) AUDIT RULE.—The Comptroller General of the

17 United States or any of the Comptroller General’s duly au18 thorized representatives shall have access for the purpose of

19 audit and examination to any books, documents, papers,

20 and records that are pertinent to any grant under this part.

21 ‘‘SEC. 8342. AUTHORIZATION OF APPROPRIATIONS.

22 ‘‘(a) IN GENERAL.—There are authorized to be appro23 priated to carry out the provisions of subparts 1, 2, and

24 3 of this part $4,500,000 for fiscal year 1995 and such sums

25 as may be necessary for each of the 4 succeeding fiscal years.
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1 ‘‘(b) SPECIAL RULE.—Of the funds appropriated pur2 suant to subsection (a), not more than 30 percent may be

3 used for teachers associated with students participating in

4 the programs described in section 8311(a).

5 ‘‘PART F—GIFTED AND TALENTED CHILDREN

6 ‘‘SEC. 8401. SHORT TITLE.

7 ‘‘This part may be cited as the ‘Jacob K. Javits Gifted

8 and Talented Students Education Act of 1994’.

9 ‘‘SEC. 8402. FINDINGS AND PURPOSES.

10 ‘‘(a) FINDINGS.—The Congress finds and declares

11 that—

12 ‘‘(1) all students can learn to high standards

13 and must develop their talents and realize their po14 tential if the United States is to prosper;

15 ‘‘(2) gifted and talented students are a national

16 resource vital to the future of the Nation and our Na17 tion’s security and well-being;

18 ‘‘(3) too often schools fail to challenge students to

19 do their best work, and students who are not chal20 lenged will not learn to challenging State content

21 standards and challenging State student performance

22 standards, fully develop their talents, and realize

23 their potential;

24 ‘‘(4) unless the special abilities of gifted and tal25 ented students are recognized and developed during
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1 their elementary and secondary school years, much of

2 their special potential for contributing to the national

3 interest is likely to be lost;

4 ‘‘(5) gifted and talented students from economi5 cally disadvantaged families and areas, and students

6 of limited-English proficiency are at greatest risk of

7 being unrecognized and of not being provided ade8 quate or appropriate educational services;

9 ‘‘(6) State and local educational agencies and

10 private nonprofit schools often lack the necessary spe11 cialized resources to plan and implement effective

12 programs for the early identification of gifted and

13 talented students for the provision of educational serv14 ices and programs appropriate to their special needs;

15 ‘‘(7) the Federal Government can best carry out

16 the limited but essential role of stimulating research

17 and development and personnel training and provid18 ing a national focal point of information and tech19 nical assistance that is necessary to ensure that the

20 Nation’s schools are able to meet the special edu21 cational needs of gifted and talented students, and

22 thereby serve a profound national interest; and

23 ‘‘(8) the experience and knowledge gained in de24 veloping and implementing programs for gifted and
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1 talented students can and should be used as a basis

2 to—

3 ‘‘(A) develop a rich and challenging cur4 riculum for all students; and

5 ‘‘(B) provide all students with important

6 and challenging subject matter to study and en7 courage the habits of hard work.

8 ‘‘(b) STATEMENT OF PURPOSE.—It is the purpose of

9 this part—

10 ‘‘(1) to provide financial assistance to State and

11 local educational agencies, institutions of higher edu12 cation, and other public and private agencies and or13 ganizations, to initiate a coordinated program of re14 search, demonstration projects, personnel training,

15 and similar activities designed to build a nationwide

16 capability in elementary and secondary schools to

17 meet the special educational needs of gifted and tal18 ented students;

19 ‘‘(2) to encourage the development of rich and

20 challenging curricula for all students through the ap21 propriate application and adaptation of materials

22 and instructional methods developed under this part;

23 and
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1 ‘‘(3) to supplement and make more effective the

2 expenditure of State and local funds, for the edu3 cation of gifted and talented students.

4 ‘‘SEC. 8403. CONSTRUCTION.

5 ‘‘Nothing in this part shall be construed to prohibit

6 a recipient of funds under this part from serving gifted and

7 talented students simultaneously with students with similar

8 educational needs, in the same educational settings where

9 appropriate.

10 ‘‘SEC. 8404. AUTHORIZED PROGRAMS.

11 ‘‘(a) ESTABLISHMENT OF PROGRAM.—

12 ‘‘(1) IN GENERAL.—From the sums appropriated

13 under section 8407 in any fiscal year the Secretary

14 (after consultation with experts in the field of the edu15 cation of gifted and talented students) shall make

16 grants to or enter into contracts with State edu17 cational agencies, local educational agencies, institu18 tions of higher education, or other public agencies and

19 private agencies and organizations (including Indian

20 tribes and Indian organizations (as such terms are

21 defined by the Indian Self-Determination and Edu22 cation Assistance Act) and Hawaiian native organi23 zations) to assist such agencies, institutions, and or24 ganizations which submit applications in carrying

25 out programs or projects authorized by this part that
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1 are designed to meet the educational needs of gifted

2 and talented students, including the training of per3 sonnel in the education of gifted and talented students

4 and in the use, where appropriate, of gifted and tal5 ented services, materials, and methods for all stu6 dents.

7 ‘‘(2) CONTENTS.—Applications for funds under

8 this part shall describe how—

9 ‘‘(A) the proposed gifted and talented serv10 ices, materials, and methods can be adapted, if

11 appropriate, for use by all students; and

12 ‘‘(B) how the proposed programs can be

13 evaluated.

14 ‘‘(b) USES OF FUNDS.—Programs and projects as15 sisted under this section may include—

16 ‘‘(1) professional development (including fellow17 ships) for personnel (including leadership personnel)

18 involved in the education of gifted and talented stu19 dents;

20 ‘‘(2) establishment and operation of model

21 projects and exemplary programs for serving gifted

22 and talented students, including innovative methods

23 for identifying and educating students who may not

24 be served by traditional gifted and talented programs,

25 summer programs, mentoring programs, service
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1 learning programs, and cooperative programs involv2 ing business, industry, and education;

3 ‘‘(3) training of personnel and parents involved

4 in gifted and talented programs with respect to the

5 impact of gender role-socialization on the educational

6 needs of gifted and talented children and in gender

7 equitable education methods, techniques and practices;

8 ‘‘(4) implementing innovative strategies, such as

9 cooperative learning, peer tutoring and service learn10 ing;

11 ‘‘(5) strengthening the capability of State edu12 cational agencies and institutions of higher education

13 to provide leadership and assistance to local edu14 cational agencies and nonprofit private schools in the

15 planning, operation, and improvement of programs

16 for the identification and education of gifted and tal17 ented students and the appropriate use of gifted and

18 talented programs and methods to serve all students;

19 ‘‘(6) programs of technical assistance and infor20 mation dissemination, including how gifted and tal21 ented programs and methods, where appropriate,

22 could be adapted for use by all students; and

23 ‘‘(7) carrying out—

24 ‘‘(A) research on methods and techniques for

25 identifying and teaching gifted and talented stu-
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1 dents, and for using gifted and talented pro2 grams and methods to serve all students; and

3 ‘‘(B) program evaluations, surveys, and the

4 collection, analysis, and development of informa5 tion needed to accomplish the purposes of this

6 part.

7 ‘‘(c) ESTABLISHMENT OF NATIONAL CENTER.—

8 ‘‘(1) IN GENERAL.—The Secretary (after con9 sultation with experts in the field of the education of

10 gifted and talented students) shall establish a Na11 tional Center for Research and Development in the

12 Education of Gifted and Talented Children and Youth

13 through grants to or contracts with one or more insti14 tutions of higher education or State educational agen15 cies, or a combination or consortium of such institu16 tions and agencies, for the purpose of carrying out ac17 tivities described in paragraph (7) of subsection (b).

18 ‘‘(2) DIRECTOR.—Such National Center shall

19 have a Director. The Secretary may authorize the Di20 rector to carry out such functions of the National

21 Center as may be agreed upon through arrangements

22 with other institutions of higher education, State or

23 local educational agencies, or other public or private

24 agencies and organizations.
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1 ‘‘(d) LIMITATION.—Not more than $1,750,000 of the

2 funds available in any fiscal year to carry out the programs

3 and projects authorized by this section may be used to con4 duct activities pursuant to subsection (b)(7) or (c).

5 ‘‘(e) COORDINATION.—Research activities supported

6 under this section—

7 ‘‘(1) shall be carried out in consultation with the

8 Office of Educational Research and Improvement to

9 ensure that such activities are coordinated with and

10 enhance the research and development activities sup11 ported by the such office; and

12 ‘‘(2) may include collaborative research activities

13 which are jointly funded and carried out with the Of14 fice of Educational Research and Improvement.

15 ‘‘SEC. 8405. PROGRAM PRIORITIES.

16 ‘‘(a) GENERAL PRIORITY.—In the administration of

17 this part the Secretary shall give highest priority—

18 ‘‘(1) to the identification of and the provision of

19 services to gifted and talented students who may not

20 be identified and served through traditional assess21 ment methods (including economically disadvantaged

22 individuals, individuals of limited-English pro23 ficiency, and individuals with disabilities); and

24 ‘‘(2) to programs and projects designed to de25 velop or improve the capability of schools in an entire
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1 State or region of the Nation, through cooperative ef2 forts and participation of State and local educational

3 agencies, institutions of higher education, and other

4 public and private agencies and organizations (in5 cluding business, industry, and labor), to plan, con6 duct, and improve programs for the identification of

7 and the provision of services to gifted and talented

8 students.

9 ‘‘(b) SERVICE PRIORITY.—In approving applications

10 under section 8404(a), the Secretary shall assure that in

11 each fiscal year at least one-half of the applications ap12 proved under such section address the priority described in

13 subsection (a)(1).

14 ‘‘SEC. 8406. GENERAL PROVISIONS.

15 ‘‘(a) PARTICIPATION OF PRIVATE SCHOOL CHILDREN

16 AND TEACHERS.—In making grants and entering into con17 tracts under this part, the Secretary shall ensure, where ap18 propriate, that provision is made for the equitable partici19 pation of students and teachers in private nonprofit elemen20 tary and secondary schools, including the participation of

21 teachers and other personnel in professional development

22 programs for serving such children.

23 ‘‘(b) PROGRAM OPERATIONS.—The Secretary shall en24 sure that the programs under this part are administered

25 within the Department by a person who has recognized pro-
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1 fessional qualifications and experience in the field of the

2 education of gifted and talented students and who shall

3 serve as a focal point of national leadership and informa4 tion on mechanisms to carry out the purpose of this part.

5 ‘‘(c) REVIEW, DISSEMINATION, AND EVALUATION.—

6 The Secretary shall—

7 ‘‘(1) use a peer review process in reviewing ap8 plications under this part;

9 ‘‘(2) ensure that information on the activities

10 and results of programs and projects funded under

11 this part is disseminated to appropriate State and

12 local agencies and other appropriate organizations,

13 including nonprofit private organizations; and

14 ‘‘(3) evaluate the effectiveness of programs under

15 this part in accordance with section 10701, both in

16 terms of the impact on students traditionally served

17 in separate gifted and talented programs and on

18 other students, and submit the results of such evalua19 tion to Congress not later than January 1, 1998.

20 ‘‘SEC. 8407. AUTHORIZATION OF APPROPRIATIONS.

21 ‘‘(a) IN GENERAL.—There are authorized to be appro22 priated $20,000,000 for fiscal year 1995, and such sums

23 as may be necessary for each of the 4 succeeding fiscal years,

24 to carry out the provisions of this part.
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1 ‘‘(b) SPECIAL RULE.—If the amount appropriated

2 under subsection (a) for a fiscal year exceeds $20,000,000,

3 40 percent of such amount in excess of $20,000,000 shall

4 be available for strategies and programs designed for the

5 education of gifted and talented students that may be

6 adapted and used to improve teaching and learning for all

7 students in a school and to help all students in a school

8 develop their talents, realize their potential, and meet chal9 lenging State content standards and challenging State stu10 dent performance standards, while not diminishing the cur11 riculum and instruction for students traditionally identi12 fied as gifted and talented.

13 ‘‘PART G—WOMEN’S EDUCATIONAL EQUITY

14 ‘‘SEC. 8451. SHORT TITLE; FINDINGS.

15 ‘‘(a) SHORT TITLE.—This part may be cited as the

16 ‘Women’s Educational Equity Act of 1994’.

17 ‘‘(b) FINDINGS.—The Congress finds that—

18 ‘‘(1) since the enactment of title IX of the Edu19 cation Amendments of 1972, women and girls have

20 made strides in educational achievement and in their

21 ability to avail themselves of educational opportuni22 ties;

23 ‘‘(2) because of funding provided under the

24 Women’s Educational Equity Act, more curricula,

25 training and other educational materials concerning
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1 educational equity for women and girls are available

2 for national dissemination;

3 ‘‘(3) significant gender inequities still exist in

4 teaching and learning practices, for example—

5 ‘‘(A) sexual harassment, particularly that

6 experienced by girls, undermines the ability of

7 schools to provide a safe and equitable learning

8 or workplace environment;

9 ‘‘(B) girls may often receive significantly

10 less attention from classroom teachers than boys,

11 and girls of color have less interaction with

12 teachers than all other girls;

13 ‘‘(C) classroom textbooks and other edu14 cational materials do not sufficiently reflect the

15 experiences, achievements, or concerns of women

16 and, in most cases, are not written by women or

17 persons of color;

18 ‘‘(D) girls do not take as many mathe19 matics and science courses as boys, girls lose con20 fidence in their mathematics and science ability

21 as girls move through adolescence, there are few

22 women role models in the sciences, and women

23 continue to be concentrated in low-paying, tradi24 tionally female jobs that do not require mathe25 matics and science skills; and
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1 ‘‘(E) pregnant and parenting teenagers are

2 at high risk for dropping out of school and exist3 ing dropout prevention programs do not ade4 quately address the needs of such population;

5 ‘‘(4) Federal support should address not only re6 search and development of innovative model curricula

7 and teaching and learning strategies to promote gen8 der equity, but should, to the extent feasible, also help

9 schools and local communities implement and institu10 tionalize gender equitable practices;

11 ‘‘(5) Federal assistance for gender equity must be

12 tied to systemic reform, involve collaborative efforts to

13 implement effective gender practices at the local level,

14 and encourage parental participation; and

15 ‘‘(6) excellence in education, high educational

16 achievements and standards, and the full participa17 tion of women and girls in American society cannot

18 be achieved without educational equity for women

19 and girls.

20 ‘‘SEC. 8452. STATEMENT OF PURPOSES.

21 ‘‘It is the purpose of this part—

22 ‘‘(1) to promote gender equity in education in

23 the United States;

24 ‘‘(2) to provide financial assistance to enable

25 educational agencies and institutions to meet the re-
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1 quirements of title IX of the Educational Amend2 ments of 1972; and

3 ‘‘(3) to promote equity in education to women

4 and girls who suffer multiple forms of discrimination

5 based on sex, race, ethnic origin, limited-English pro6 ficiency, disability, or age.

7 ‘‘SEC. 8453. PROGRAM AUTHORIZED.

8 ‘‘The Secretary is authorized to make grants to, and

9 enter into contracts and cooperative agreements with, pub10 lic agencies, private nonprofit agencies, organizations, in11 stitutions, community groups, and individuals, to achieve

12 the purposes of this part by providing support and tech13 nical assistance for—

14 ‘‘(1) the implementation of effective gender-eq15 uity policies and practices at all educational levels,

16 including—

17 ‘‘(A) assisting educational agencies and in18 stitutions to implement policies and practices to

19 comply with title IX of the Education Amend20 ments of 1972;

21 ‘‘(B) training for teachers, counselors, ad22 ministrators, and other school personnel, espe23 cially preschool and elementary school personnel,

24 in gender equitable teaching and learning prac25 tices;
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1 ‘‘(C) leadership training for women and

2 girls to develop professional and marketable

3 skills to compete in the global marketplace, im4 prove self-esteem, and benefit from exposure to

5 positive role models;

6 ‘‘(D) school-to-work transition programs,

7 other programs to increase opportunities for

8 women and girls to enter a technologically de9 manding workplace and, in particular, to enter

10 highly skilled, high paying careers in which

11 women and girls have been underrepresented,

12 and guidance and counseling activities;

13 ‘‘(E) enhancing educational and career op14 portunities for women and girls who suffer mul15 tiple forms of discrimination, based on sex and

16 on race, ethnic origin, limited-English pro17 ficiency, disability, socioeconomic status, or age;

18 ‘‘(F) assisting pregnant students and stu19 dents rearing children to remain in or to return

20 to secondary school, graduate, and prepare their

21 preschool children to start school;

22 ‘‘(G) evaluating exemplary model programs

23 to assess the ability of such programs to advance

24 educational equity for women and girls; and
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1 ‘‘(H) introduction into the classroom of

2 textbooks, curricula, and other materials de3 signed to achieve equity for women and girls;

4 and

5 ‘‘(2) research and development, which shall be co6 ordinated with the Office of Educational Research

7 and Improvement’s National Institute on the Edu8 cation of At-Risk Students to avoid duplication of re9 search efforts, designed to advance gender equity na10 tionwide and to help make policies and practices in

11 educational agencies and institutions and local com12 munities gender-equitable, including—

13 ‘‘(A) research and development designed to

14 advance gender equity, including the develop15 ment of innovative strategies to improve teaching

16 and learning practices;

17 ‘‘(B) the development of high quality and

18 challenging assessment instruments that are non19 discriminatory;

20 ‘‘(C) the development and evaluation of

21 model curricula, textbooks, software, and other

22 educational materials to ensure the absence of

23 gender stereotyping and bias;

24 ‘‘(D) the development of instruments and

25 procedures that employ new and innovative
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1 strategies to assess whether diverse educational

2 settings are gender equitable;

3 ‘‘(E) the development of new dissemination

4 and replication strategies;

5 ‘‘(F) updating high quality educational ma6 terials previously developed through awards

7 made under this part; and

8 ‘‘(G) the implementation of nondiscrim9 inatory tests of aptitude and achievement and

10 alternative assessment instruments.

11 ‘‘SEC. 8454. APPLICATIONS.

12 ‘‘(a) APPLICATIONS.—A grant may be made, and a

13 contract or cooperative agreement may be entered into,

14 under this part only upon application to the Secretary, at

15 such time, in such form, and containing or accompanied

16 by such information as the Secretary may prescribe, such

17 as—

18 ‘‘(1) setting forth policies and procedures that

19 will ensure a comprehensive evaluation of the activi20 ties carried out under the project, including an eval21 uation of the practices, policies, and materials used

22 by the applicant and an evaluation or estimate of the

23 continued significance of the work of the project fol24 lowing completion of the award period;
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1 ‘‘(2) demonstrating how funds received under

2 this part will be used to promote the attainment of

3 one or more of the National Education Goals;

4 ‘‘(3) demonstrating how the applicant will ad5 dress perceptions of gender roles based on cultural dif6 ferences or stereotypes;

7 ‘‘(4) describing how funds under this part will be

8 used in a manner that is consistent with the School9 to-Work Opportunities Act of 1994;

10 ‘‘(5) for applications for projects under section

11 8453(1), demonstrating how the applicant will foster

12 partnerships and share resources with State edu13 cational agencies, local educational agencies, institu14 tions of higher education, community-based organiza15 tions, and other recipients of Federal educational

16 funding which may include State literacy resource

17 centers; and

18 ‘‘(6) for applications for projects under section

19 8453(1), demonstrating how parental involvement in

20 the project will be encouraged.

21 ‘‘(b) SPECIAL RULE.—In approving applications

22 under this part, the Secretary shall give special consider23 ation to applications—

24 ‘‘(1) submitted by applicants that have not re25 ceived assistance under this part or under part C of
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1 title IX of this Act (as such part was in effect on Oc2 tober 1, 1988);

3 ‘‘(2) for projects that will contribute signifi4 cantly to directly improving teaching and learning

5 practices in the local community; and

6 ‘‘(3) for projects that will—

7 ‘‘(A) provide for a comprehensive approach

8 to enhancing gender equity in educational insti9 tutions and agencies;

10 ‘‘(B) draw on a variety of resources, includ11 ing local educational agencies, community-based

12 organizations, institutions of higher education,

13 and private organizations;

14 ‘‘(C) implement a strategy with long-term

15 impact that will continue as a central activity

16 of the applicant after the grant has terminated;

17 and

18 ‘‘(D) address issues of national significance

19 that can be duplicated.

20 ‘‘(c) LIMITATION.—Nothing in this part shall be con21 strued as prohibiting men and boys from participating in

22 any programs or activities assisted under this part.

23 ‘‘SEC. 8455. CRITERIA AND PRIORITIES.

24 ‘‘The Secretary shall establish separate criteria and

25 priorities for awards under paragraphs (1) and (2) of sec-
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1 tion 8453 to ensure that available funds are used for pro2 grams that most effectively will achieve the purposes of this

3 part.

4 ‘‘SEC. 8456. REPORT.

5 ‘‘The Secretary, by January 1, 1999, shall submit to

6 the President and the Congress a report on the status of

7 educational equity for girls and women in the Nation.

8 ‘‘SEC. 8457. EVALUATION AND DISSEMINATION.

9 ‘‘(a) EVALUATION AND DISSEMINATION.—The Sec10 retary shall evaluate in accordance with section 10701, and

11 disseminate, materials and programs developed under this

12 part and shall report to the Congress regarding such evalua13 tion materials and programs by January 1, 1998.

14 ‘‘(b) USE OF PROGRAM FUNDS.—The Secretary is au15 thorized to use funds appropriated under section 8458 to

16 gather and disseminate information about emerging issues

17 concerning gender equity and, if necessary, to convene meet18 ings for this purpose.

19 ‘‘(c) PROGRAM OPERATIONS.—The Secretary shall en20 sure that the programs under this part are administered

21 within the Department by a person who has recognized pro22 fessional qualifications and experience in the field of gender

23 equity education and who shall serve as a focal point of

24 national leadership and information on mechanisms to

25 carry out the purpose of this part.
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1 ‘‘SEC. 8458. AUTHORIZATION OF APPROPRIATIONS.

2 ‘‘For the purpose of carrying out this part, there are

3 authorized to be appropriated $5,000,000 for fiscal year

4 1995 and such sums as may be necessary for each of the

5 4 succeeding fiscal years, of which not less than two-thirds

6 of the amount appropriated under this section for each fis7 cal year shall be available to carry out the activities de8 scribed in section 8453(1).

9 ‘‘PART H—FUND FOR THE IMPROVEMENT OF

10 EDUCATION

11 ‘‘SEC. 8501. FUND FOR THE IMPROVEMENT OF EDUCATION.

12 ‘‘(a) FUND AUTHORIZED.—From funds appropriated

13 under subsection (d), the Secretary is authorized to support

14 nationally significant programs and projects to improve the

15 quality of education, assist all students to meet challenging

16 State content standards and challenging State student per17 formance standards, and contribute to achievement of the

18 National Education Goals. The Secretary is authorized to

19 carry out such programs and projects directly or through

20 grants to, or contracts with, State and local educational

21 agencies, institutions of higher education, and other public

22 and private agencies, organizations, and institutions.

23 ‘‘(b) USES OF FUNDS.—

24 ‘‘(1) IN GENERAL.—Funds provided under this

25 section may be used for—
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1 ‘‘(A) activities that will promote systemic

2 education reform at the State and local levels,

3 such as—

4 ‘‘(i) developing and evaluating strate5 gies for eliminating ability grouping prac6 tices and developing policies and programs

7 that place all students on a college-pre8 paratory path of study, particularly in aca9 demic fields such as mathematics, science,

10 English, and social studies, including com11 prehensive inservice programs for teachers

12 and counselors and academic enrichment

13 programs that supplement regular courses

14 for students;

15 ‘‘(ii) developing and evaluating pro16 grams that directly involve parents and

17 family members in the academic progress of

18 their children;

19 ‘‘(iii) developing and evaluating strate20 gies for integrating instruction and assess21 ment such that teachers and administrators

22 can focus on what students should know

23 and be able to do at particular grade levels,

24 which instruction shall promote the syn25 thesis of knowledge, encourage the develop-
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1 ment of problem-solving skills drawing on a

2 vast range of disciplines, and promote the

3 development of higher order thinking by all

4 students;

5 ‘‘(iv) developing and evaluating strate6 gies for supporting professional development

7 for teachers across all disciplines and for

8 guidance counselors and administrators, in9 cluding inservice training that improves the

10 skills of counselors and administrators in

11 working with students from diverse popu12 lations;

13 ‘‘(v) research and development related

14 to challenging State content standards and

15 challenging State student performance

16 standards for student learning; and

17 ‘‘(vi) the development and evaluation

18 of model strategies for assessment of student

19 learning, professional development for

20 teachers and administrators, parent and

21 community involvement, and other aspects

22 of systemic reform;

23 ‘‘(B) demonstrations at the State and local

24 levels that are designed to yield nationally sig-
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1 nificant results, including approaches to public

2 school choice and school based decisionmaking;

3 ‘‘(C) joint activities with other Federal

4 agencies, such as the National Science Founda5 tion, the Department of Health and Human

6 Services, and the Department of Labor, and with

7 institutions of higher education, to assist the ef8 fort to achieve the National Education Goals, in9 cluding activities related to improving the tran10 sition from preschool to school and from school

11 to work, as well as activities related to the inte12 gration of education and health and social serv13 ices;

14 ‘‘(D) activities to promote and evaluate

15 counseling and mentoring for students, including

16 intergenerational mentoring;

17 ‘‘(E) activities to promote and evaluate co18 ordinated pupil services programs;

19 ‘‘(F) activities to promote comprehensive

20 health education;

21 ‘‘(G) activities to promote environmental

22 education;

23 ‘‘(H) activities to promote programs to as24 sist students to demonstrate competence in for25 eign languages;
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1 ‘‘(I) studies and evaluation of various edu2 cation reform strategies and innovations being

3 pursued by the Federal Government, States, and

4 local educational agencies;

5 ‘‘(J) activities to promote metric education;

6 ‘‘(K) activities to promote consumer edu7 cation, such as saving, investing, and entre8 preneurial education;

9 ‘‘(L) activities to promote experiential-based

10 learning, such as service-learning;

11 ‘‘(M) activities to promote scholar-athlete

12 competitions;

13 ‘‘(N) activities to promote child abuse edu14 cation and prevention programs;

15 ‘‘(O) activities to raise standards and ex16 pectations for academic achievement among all

17 students, especially disadvantaged students tra18 ditionally underserved in schools;

19 ‘‘(P) activities to provide the academic sup20 port, enrichment and motivation to enable all

21 students to reach such standards;

22 ‘‘(Q) programs designed to promote gender

23 equity in education by evaluating and eliminat24 ing gender bias in instruction and educational

25 materials, identifying and analyzing gender in-
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1 equities in educational practices, and imple2 menting and evaluating educational policies and

3 practices designed to achieve gender equity;

4 ‘‘(R) demonstrations that are designed to

5 test the effectiveness of private management of

6 public educational programs, with at least one

7 demonstration carried out in each of the ten De8 partment of Education regions, and with funds

9 used to support planning, start-up costs and

10 evaluation;

11 ‘‘(S) other programs and projects that meet

12 the purposes of this section; and

13 ‘‘(T) demonstrations that are designed to

14 test whether prenatal education and counseling

15 provided to pregnant students could have a posi16 tive effect on pregnancy outcomes, with such edu17 cation and counseling emphasizing the impor18 tance of prenatal care; the value of sound diet

19 and nutrition habits; and the harmful effects of

20 smoking, alcohol and substance abuse on fetal de21 velopment.

22 ‘‘(2) ADDITIONAL USES.—The Secretary may

23 also use funds provided under this section to complete

24 the project periods for direct grants or contracts

25 awarded under the provisions of the Elementary and
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1 Secondary Education Act of 1965, part B of title III

2 of the Augustus F. Hawkins-Robert T. Stafford Ele3 mentary and Secondary School Improvement Amend4 ments of 1988, or title III of the Education for Eco5 nomic Security Act, as such Acts were in effect on the

6 day preceding the date of enactment of the Improving

7 America’s Schools Act of 1994.

8 ‘‘(c) AWARDS.—

9 ‘‘(1) IN GENERAL.—The Secretary may—

10 ‘‘(A) make awards under this section on the

11 basis of competitions announced by the Sec12 retary; and

13 ‘‘(B) support meritorious unsolicited pro14 posals.

15 ‘‘(2) SPECIAL RULE.—The Secretary shall ensure

16 that programs, projects, and activities supported

17 under this section are designed so that their effective18 ness is readily ascertainable.

19 ‘‘(3) PEER REVIEW.—The Secretary shall use a

20 peer review process in reviewing applications for

21 grants under this section and may use funds appro22 priated under subsection (d) for the cost of such peer

23 review.

24 ‘‘(d) AUTHORIZATION.—For the purpose of carrying

25 out this section, there are authorized to be appropriated
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1 $35,000,000 for fiscal year 1995 and such sums as may be

2 necessary for each of the 4 succeeding fiscal years.

3 ‘‘PART I—BLUE RIBBON SCHOOLS

4 ‘‘SEC. 8551. BLUE RIBBON SCHOOLS PROGRAM.

5 ‘‘(a) GENERAL AUTHORITY.—Subject to subsection (d),

6 the Secretary is authorized to carry out programs to recog7 nize elementary and secondary schools or programs which

8 have established standards of excellence and which have

9 demonstrated a high level of quality. Such programs shall

10 be designated as ‘Blue Ribbon Schools’. In selecting schools

11 and programs to be recognized, the Secretary shall competi12 tively select public and private schools or programs within

13 local educational agencies in the States, schools operated for

14 Indian children by the Department of the Interior, and

15 schools operated by the Department of Defense for depend16 ents of Department of Defense personnel.

17 ‘‘(b) SELECTION PROCESS.—

18 ‘‘(1) IN GENERAL.—The Secretary shall des19 ignate, each fiscal year, several categories for a Blue

20 Ribbon Schools program. Such categories may in21 clude, but shall not be limited to, outstanding elemen22 tary schools, outstanding secondary schools, outstand23 ing mathematics and science programs, or outstand24 ing reading programs.
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1 ‘‘(2) SELECTION.—Within each category, the

2 Secretary shall determine the criteria and procedures

3 for selection. Selection for such awards shall be based

4 solely on merit. Schools or programs selected for

5 awards under this section shall not be required to be

6 representative of the States.

7 ‘‘(c) ADMINISTRATIVE PROVISIONS.—

8 ‘‘(1) CONSULTATION.—The Secretary shall carry

9 out the provisions of this section including the estab10 lishment of the selection procedures, after consultation

11 with appropriate outside parties.

12 ‘‘(2) APPLICATION.—No award may be made

13 under this section unless the local educational agency

14 submits an application to the Secretary at such time,

15 in such manner, and containing such information, as

16 the Secretary may reasonably require.

17 ‘‘(3) DEFINITION.—For the purposes of this sec18 tion, the term ‘State’ means each of the several States,

19 the District of Columbia, and the Commonwealth of

20 Puerto Rico.

21 ‘‘(d) BLUE RIBBON AWARDS FOR CORRECTIONAL EDU22 CATION PROGRAMS.—The Secretary, through nominations

23 provided by the Office on Correctional Education after con24 sultation with representatives of correctional education or25 ganizations and others active in literacy education, shall
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1 annually make one or more awards under this section to

2 effective and innovative programs for inmate education and

3 literacy.

4 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are

5 authorized to be appropriated $1,000,000 for fiscal year

6 1995, and such sums as may be necessary for each of the

7 4 succeeding fiscal years, to carry out this section.

8 ‘‘PART J—NATIONAL STUDENT AND PARENT

9 MOCK ELECTION

10 ‘‘SEC. 8601. NATIONAL STUDENT AND PARENT MOCK ELEC11 TION.

12 ‘‘(a) IN GENERAL.—The Secretary is authorized to

13 award grants in every election year to national nonprofit,

14 nonpartisan organizations that work to promote voter par15 ticipation in American elections to enable such organiza16 tions to carry out voter education activities for students and

17 their parents. Such activities shall—

18 ‘‘(1) be limited to simulated national elections

19 that permit participation by students and parents

20 from all 50 States in the United States; and

21 ‘‘(2) consist of—

22 ‘‘(A) school forums and local cable call-in

23 shows on the national issues to be voted upon in

24 an ‘issue forum’;
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1 ‘‘(B) speeches and debates before students

2 and parents by local candidates or stand-ins for

3 such candidates;

4 ‘‘(C) quiz team competitions, mock press

5 conferences and speechwriting competitions;

6 ‘‘(D) weekly meetings to follow the course of

7 the campaign; or

8 ‘‘(E) school and neighborhood campaigns to

9 increase voter turnout, including newsletters,

10 posters, telephone chains, and transportation.

11 ‘‘(b) REQUIREMENT.—Each organization receiving a

12 grant under this section shall present awards to outstand13 ing student and parent mock election projects.

14 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are

15 authorized to be appropriated $125,000 for each of the fiscal

16 years 1995 through 1999 to carry out this section.

17 ‘‘PART K—ELEMENTARY SCHOOL COUNSELING

18 DEMONSTRATION

19 ‘‘SEC. 8651. SHORT TITLE.

20 ‘‘This part may be cited as the ‘Elementary School

21 Counseling Demonstration Act’.

22 ‘‘SEC. 8652. FINDINGS AND PURPOSE.

23 ‘‘(a) FINDINGS.—The Congress finds that—

24 ‘‘(1) elementary school children are being sub25 jected to unprecedented social stresses, including frag-
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1 mentation of the family, drug and alcohol abuse, child

2 abuse, poverty, and violence, and experts indicate that

3 intervention at an early age is the most beneficial;

4 ‘‘(2) an increasing number of elementary school

5 children are exhibiting symptoms of distress, such as

6 substance abuse, emotional disorders, academic

7 underachievement, disruptive behavior, juvenile delin8 quency, and suicide;

9 ‘‘(3) elementary school counselors, school psy10 chologists and school social workers can contribute to

11 the personal growth, educational development, and

12 emotional well-being of elementary school children by

13 providing professional counseling, intervention, and

14 referral services;

15 ‘‘(4) the average ratio of elementary school coun16 selors to students is 1 to 1,000, the average ratio of

17 school psychologists to students is 1 to 2,500, and the

18 average ratio of school social workers to students is 1

19 to 2,500;

20 ‘‘(5) when there is 1 counselor to 1,000 students,

21 1 school psychologist to 2,500 students, and 1 school

22 social worker to 2,500 students, elementary school

23 counseling programs are seldom adequate;

24 ‘‘(6) the Federal Government can help reduce the

25 risk of academic, social, and emotional problems
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1 among elementary school children by stimulating the

2 development of model elementary school counseling

3 programs; and

4 ‘‘(7) the Federal Government can help reduce the

5 risk of future unemployment and assist the school-to6 work transition by stimulating the development of

7 model elementary school counseling programs.

8 ‘‘(b) PURPOSE.—It is the purpose of this part to en9 hance the availability and quality of counseling services for

10 elementary school children by providing grants to local edu11 cational agencies to enable such agencies to establish effec12 tive and innovative elementary school counseling programs

13 that can serve as national models.

14 ‘‘SEC. 8653. AUTHORIZATION OF APPROPRIATIONS.

15 ‘‘There are authorized to be appropriated $10,000,000

16 for fiscal year 1995, and such sums as may be necessary

17 for each of the 4 succeeding fiscal years, to carry out this

18 part.

19 ‘‘SEC. 8654. PROGRAM AUTHORITY.

20 ‘‘(a) IN GENERAL.—From amounts appropriated pur21 suant to the authority of section 8653 in any fiscal year,

22 the Secretary shall make grants to local educational agen23 cies having applications approved under section 8655 to

24 initiate or expand school counseling programs for elemen25 tary school children.
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1 ‘‘(b) PRIORITY.—In awarding grants under this part,

2 the Secretary shall give special consideration to applica3 tions describing programs that—

4 ‘‘(1) demonstrate the greatest need for new or ad5 ditional counseling services among the children in the

6 elementary schools served by the applicant;

7 ‘‘(2) propose the most promising and innovative

8 approaches for initiating or expanding elementary

9 school counseling; and

10 ‘‘(3) show the greatest potential for replication

11 and dissemination.

12 ‘‘(c) EQUITABLE DISTRIBUTION.—In awarding grants

13 under this part, the Secretary shall ensure an equitable geo14 graphic distribution among the regions of the United States

15 and among urban, suburban, and rural areas.

16 ‘‘(d) DURATION.—A grant under this part shall be

17 awarded for a period not to exceed 3 years.

18 ‘‘(e) MAXIMUM GRANT.—A grant under this part shall

19 not exceed $400,000 for any fiscal year.

20 ‘‘SEC. 8655. APPLICATIONS.

21 ‘‘(a) IN GENERAL.—Each local educational agency de22 siring a grant under this part shall submit an application

23 to the Secretary at such time, in such manner, and accom24 panied by such information as the Secretary may reason25 ably require.
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1 ‘‘(b) NOTIFICATION OF STATE EDUCATIONAL AGEN2 CY.—Before submitting an application to the Secretary in

3 accordance with subsection (a), a local educational agency

4 shall provide the State educational agency with an oppor5 tunity to review and comment on the program described

6 in such application. The comments of the State educational

7 agency shall be appended to the application upon submis8 sion of the application to the Secretary.

9 ‘‘(c) CONTENTS.—Each application for a grant under

10 this part shall—

11 ‘‘(1) describe the elementary school population to

12 be targeted by the program, the particular personal,

13 social, emotional, educational, and career develop14 ment needs of such population, and the current school

15 counseling resources available for meeting such needs;

16 ‘‘(2) describe the activities, services, and training

17 to be provided by the program and the specific ap18 proaches to be used to meet the needs described in

19 paragraph (1);

20 ‘‘(3) describe the methods to be used to evaluate

21 the outcomes and effectiveness of the program;

22 ‘‘(4) describe the collaborative efforts to be under23 taken with institutions of higher education, busi24 nesses, labor organizations, community groups, social

25 service agencies, and other public or private entities
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1 to enhance the program and promote school-linked

2 services integration;

3 ‘‘(5) describe collaborative efforts with institu4 tions of higher education which specifically seek to en5 hance or improve graduate programs specializing in

6 the preparation of elementary school counselors, school

7 psychologists, and school social workers;

8 ‘‘(6) document that the applicant has the person9 nel qualified to develop, implement, and administer

10 the program;

11 ‘‘(7) describe how any diverse cultural popu12 lations, if applicable, would be served through the

13 program;

14 ‘‘(8) assure that the funds made available under

15 this part for any fiscal year will be used to supple16 ment and, to the extent practicable, increase the level

17 of funds that would otherwise be available from non18 Federal sources for the program described in the ap19 plication, and in no case supplant such funds from

20 non-Federal sources; and

21 ‘‘(9) assure that the applicant will appoint an

22 advisory board composed of parents, school counselors,

23 school psychologists, school social workers, other pupil

24 services personnel, teachers, school administrators,

25 and community leaders to advise the local educational
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1 agency on the design and implementation of the pro2 gram.

3 ‘‘SEC. 8656. USE OF FUNDS.

4 ‘‘(a) IN GENERAL.—Grant funds under this part shall

5 be used to initiate or expand elementary school counseling

6 programs that comply with the requirements in subsection

7 (b).

8 ‘‘(b) PROGRAM REQUIREMENTS.—Each program as9 sisted under this part shall—

10 ‘‘(1) be comprehensive in addressing the per11 sonal, social, emotional, and educational needs of all

12 students;

13 ‘‘(2) use a developmental, preventive approach to

14 counseling;

15 ‘‘(3) increase the range, availability, quantity,

16 and quality of counseling services in the elementary

17 schools of the local educational agency;

18 ‘‘(4) expand counseling services only through

19 qualified school counselors, school psychologists, and

20 school social workers;

21 ‘‘(5) use innovative approaches to increase chil22 dren’s understanding of peer and family relation23 ships, work and self, decisionmaking, academic and

24 career planning, or to improve social functioning;
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1 ‘‘(6) provide counseling services that are well2 balanced among classroom group and small group

3 counseling, individual counseling, and consultation

4 with parents, teachers, administrators, and other

5 pupil services personnel;

6 ‘‘(7) include inservice training for school coun7 selors, school social workers, school psychologists, other

8 pupil services personnel, teachers, and instructional

9 staff;

10 ‘‘(8) involve parents of participating students in

11 the design, implementation, and evaluation of a coun12 seling program;

13 ‘‘(9) involve collaborative efforts with institu14 tions of higher education, businesses, labor organiza15 tions, community groups, social service agencies, or

16 other public or private entities to enhance the pro17 gram and promote school-linked services integration;

18 and

19 ‘‘(10) evaluate annually the effectiveness and

20 outcomes of the counseling services and activities as21 sisted under this part.

22 ‘‘(c) REPORT.—The Secretary shall issue a report eval23 uating the programs assisted pursuant to each grant under

24 this section at the end of each grant period in accordance
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1 with section 10701, but in no case later than January 30,

2 1998.

3 ‘‘(d) DISSEMINATION.—The Secretary shall make the

4 programs assisted under this part available for dissemina5 tion, either through the National Diffusion Network or other

6 appropriate means.

7 ‘‘(e) LIMIT ON ADMINISTRATION.—Not more than 5

8 percent of the amounts appropriated pursuant to the au9 thority of section 8653 in any fiscal year shall be used to

10 carry out the provisions of this section.

11 ‘‘SEC. 8657. DEFINITIONS.

12 ‘‘For purposes of this part—

13 ‘‘(1) the term ‘comprehensive’ means, with re14 spect to counseling services, a program in which—

15 ‘‘(A) a school counselor, school psychologist,

16 or school social worker uses a range of individual

17 and group techniques and resources in a planned

18 way to meet the personal, social, emotional, edu19 cational, and career development needs of all ele20 mentary children in a school; and

21 ‘‘(B) a school counselor, school psychologist,

22 or school social worker works directly with chil23 dren, families, teachers, and other school or agen24 cy personnel to create an optimal positive learn-
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1 ing environment and personal growth opportuni2 ties for all children;

3 ‘‘(2) the term ‘developmental’ means, with re4 spect to a school counseling program, a systematically

5 planned program that—

6 ‘‘(A) provides appropriate school counseling

7 interventions to foster the social, emotional,

8 physical, moral, and cognitive growth of elemen9 tary school children;

10 ‘‘(B) provides intervention services to help

11 children cope with family, social, emotional, and

12 academic problems; and

13 ‘‘(C) supports and enhances the efforts of

14 families, teachers, and other school personnel to

15 provide children maximum opportunity to ac16 quire competence and skill in self-understanding

17 and appreciation, interpersonal interaction, and

18 educational achievement and literacy;

19 ‘‘(3) the term ‘school counselor’ means an indi20 vidual who has documented competence in counseling

21 children and adolescents in a school setting and

22 who—

23 ‘‘(A) possesses State licensure or certifi24 cation granted by an independent professional

25 regulatory authority;
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1 ‘‘(B) in the absence of such State licensure

2 or certification, possesses national certification

3 in school counseling or a specialty of counseling

4 granted by an independent professional organi5 zation; or

6 ‘‘(C) holds a minimum of a master’s degree

7 in school counseling from a program accredited

8 by the Council for Accreditation of Counseling

9 and Related Educational Programs or the equiv10 alent;

11 ‘‘(4) the term ‘school psychologist’ means an in12 dividual who—

13 ‘‘(A) possesses a minimum of 60 graduate

14 semester hours in school psychology from an in15 stitution of higher education and has completed

16 1,200 clock hours in a supervised school psychol17 ogy internship, of which 600 hours shall be in

18 the school setting; and

19 ‘‘(B) possess State licensure or certification

20 in the State in which the individual works; or

21 ‘‘(C) in the absence of such State licensure

22 or certification, possess national certification by

23 the National School Psychology Certification

24 Board;
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1 ‘‘(5) the term ‘school social worker’ means an in2 dividual who holds a master’s degree in social work

3 and is licensed or certified by the State in which serv4 ices are provided or holds a school social work special5 ist credential; and

6 ‘‘(6) the term ‘supervisor’ means an individual

7 who has the equivalent number of years of profes8 sional experience in such individual’s respective dis9 cipline as is required of teaching experience for the

10 supervisor or administrative credential in the State of

11 such individual.

12 ‘‘PART L—21ST CENTURY COMMUNITY LEARNING

13 CENTERS

14 ‘‘SEC. 8701. SHORT TITLE.

15 ‘‘This part may be cited as the ‘21st Century Commu16 nity Learning Centers Act’.

17 ‘‘SEC. 8702. FINDINGS.

18 ‘‘The Congress finds that—

19 ‘‘(1) a local public school often serves as a center

20 for the delivery of education and human services for

21 all members of a community;

22 ‘‘(2) public schools, primarily in rural and inner

23 city communities, should collaborate with other public

24 and nonprofit agencies and organizations, local busi25 nesses, educational entities (such as vocational and
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1 adult education programs, school-to-work programs,

2 community colleges, and universities), recreational,

3 cultural, and other community and human service en4 tities, for the purpose of meeting the needs of, and ex5 panding the opportunities available to, the residents

6 of the communities served by such schools;

7 ‘‘(3) by using school facilities, equipment, and

8 resources, communities can promote a more efficient

9 use of public education facilities, especially in rural

10 and inner city areas where limited financial resources

11 have enhanced the necessity for local public schools to

12 become social service centers;

13 ‘‘(4) the high technology, global economy of the

14 21st century will require lifelong learning to keep

15 America’s workforce competitive and successful, and

16 local public schools should provide centers for lifelong

17 learning and educational opportunities for individ18 uals of all ages; and

19 ‘‘(5) community schools enable the entire com20 munities to develop an education strategy that ad21 dresses the educational needs of all members of local

22 communities.

23 ‘‘SEC. 8703. PROGRAM AUTHORIZATION.

24 ‘‘(a) GRANTS BY THE SECRETARY.—The Secretary is

25 authorized, in accordance with the provisions of this part,
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1 to award grants to rural and inner-city public elementary

2 or secondary schools, or consortia thereof, to enable such

3 schools or consortia to plan, implement, or to expand

4 projects that benefit the educational, health, social service,

5 cultural, and recreational needs of a rural or inner-city

6 community.

7 ‘‘(b) AMOUNT.—The Secretary shall not award a grant

8 under this part in any fiscal year in an amount less than

9 $20,000.

10 ‘‘(c) GRANT PERIOD.—The Secretary shall award

11 grants under this part for a period not to exceed 3 years.

12 ‘‘(d) EQUITABLE DISTRIBUTION.—In awarding grants

13 under this part, the Secretary shall assure an equitable dis14 tribution of assistance among the States, among urban and

15 rural areas of the United States, and among urban and

16 rural areas of a State.

17 ‘‘SEC. 8704. APPLICATION REQUIRED.

18 ‘‘(a) APPLICATION.—To be eligible to receive a grant

19 under this part, an elementary or secondary school or con20 sortium shall submit an application to the Secretary at

21 such time and in such manner as the Secretary may reason22 ably prescribe. Each such application shall include—

23 ‘‘(1) a comprehensive local plan that enables

24 such school or consortium to serve as a center for the
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1 delivery of education and human services for members

2 of a community;

3 ‘‘(2) an evaluation of the needs, available re4 sources, and goals and objectives for the proposed

5 project in order to determine which activities will be

6 undertaken to address such needs; and

7 ‘‘(3) a description of the proposed project, in8 cluding—

9 ‘‘(A) a description of the mechanism that

10 will be used to disseminate information in a

11 manner that is understandable and accessible to

12 the community;

13 ‘‘(B) identification of Federal, State, and

14 local programs to be merged or coordinated so

15 that public resources may be maximized;

16 ‘‘(C) a description of the collaborative ef17 forts to be undertaken by community-based orga18 nizations, related public agencies, businesses, or

19 other appropriate organizations;

20 ‘‘(D) a description of how the school or con21 sortium will act as a delivery center for existing

22 and new services; and

23 ‘‘(E) an assurance that the school or consor24 tium will establish a facility utilization policy

25 that specifically states—
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1 ‘‘(i) the rules and regulations applica2 ble to building and equipment use; and

3 ‘‘(ii) supervision guidelines.

4 ‘‘(b) PRIORITY.—The Secretary shall give priority to

5 applications describing projects that offer a broad selection

6 of services.

7 ‘‘SEC. 8705. USES OF FUNDS.

8 ‘‘Grants awarded under this part may be used to plan,

9 implement, or expand community learning centers which

10 include not less than 4 of the following activities:

11 ‘‘(1) Literacy education programs.

12 ‘‘(2) Senior citizen programs.

13 ‘‘(3) Children’s day care services.

14 ‘‘(4) Integrated education, health, social service,

15 recreational, or cultural programs.

16 ‘‘(5) Summer and weekend school programs that

17 are coordinated with summer recreation programs.

18 ‘‘(6) Nutrition programs.

19 ‘‘(7) Expanded library service hours to serve

20 community needs.

21 ‘‘(8) Telecommunications and technology edu22 cation programs for individuals of all ages.

23 ‘‘(9) Parenting skills education programs.

24 ‘‘(10) Support and training for child day care

25 providers.
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1 ‘‘(11) Employment counseling, training, and

2 placement.

3 ‘‘(12) Services for individuals who leave school

4 before graduating from secondary school, regardless of

5 the age of such individual.

6 ‘‘(13) Services for individuals who are either

7 physically or mentally challenged.

8 ‘‘SEC. 8706. DEFINITIONS.

9 ‘‘For the purpose of this part, the term ‘community

10 learning center’ means an entity within a public elemen11 tary or secondary school building that—

12 ‘‘(1) provides educational, recreational, health,

13 and social service programs for residents of all ages

14 within a local community; and

15 ‘‘(2) is operated by a local educational agency in

16 conjunction with local governmental agencies, busi17 nesses, vocational education programs, community

18 colleges, and cultural, recreational, and other commu19 nity and human service entities.

20 ‘‘SEC. 8707. AUTHORIZATION OF APPROPRIATIONS.

21 ‘‘There are authorized to be appropriated $20,000,000

22 for fiscal year 1995, and such sums as may be necessary

23 for each of the 4 succeeding fiscal years, to carry out this

24 part.
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1 ‘‘PART M—MODEL PROJECTS

2 ‘‘SEC. 8751. MODEL PROJECTS.

3 ‘‘(a) PROGRAM AUTHORIZED.—The Secretary is au4 thorized to award grants to cultural institutions to enable

5 such institutions to develop and expand model projects of

6 outreach activities for at-risk children in the communities

7 served by such institutions, including activities which inte8 grate such institution’s cultural programming with other

9 disciplines, including environmental, mathematics, and

10 science programs.

11 ‘‘(b) PRIORITY.—In awarding grants under this sec12 tion the Secretary shall give priority to activities that are

13 part of an overall State, local, and private commitment,

14 seek to improve learning for at-risk youth, and are substan15 tially funded by State, local, or private funds.

16 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are

17 authorized to be appropriated $5,000,000 for fiscal year

18 1995, and such sums as may be necessary for each of the

19 4 succeeding fiscal years, to carry out this part.

20 ‘‘PART N—EXTENDING TIME FOR LEARNING

21 ‘‘SEC. 8801. FINDINGS.

22 ‘‘The Congress finds that—

23 ‘‘(1) the Commission on Time and Learning has

24 found that—

25 ‘‘(A) realizing the third National Education

26 Goal, that states all students will leave grades
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1 four, eight and twelve having demonstrated com2 petency in challenging subject matter, including

3 English, mathematics, science, foreign languages,

4 civics and government, economics, arts, history,

5 and geography, will require considerably more

6 common core learning time than most students

7 now receive;

8 ‘‘(B) ensuring that all students learn to

9 high standards will require flexibility and inno10 vation in the use of common core learning time,

11 as well as the rest of the time students spend

12 both during and beyond the school day;

13 ‘‘(C) teachers need regular, sustained time

14 for lesson development, collegial collaboration

15 and other professional development; and

16 ‘‘(D) schools, businesses, community-based

17 organizations, tribal leaders, and other commu18 nity agencies and members should work together

19 to foster effective learning and enrichment pro20 grams and activities for students, including pro21 grams that operate outside of the regular school

22 day or year;

23 ‘‘(2) increasing the amount and duration of in24 tensive, engaging and challenging learning activities
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1 geared to high standards can increase student motiva2 tion and achievement;

3 ‘‘(3) the benefits of extending learning time, in4 cluding common core instructional time, can be maxi5 mized by concurrent changes in curriculum and in6 struction, such as accelerated learning, and engaging,

7 interactive instruction based on challenging content;

8 and

9 ‘‘(4) maximizing the benefit of increased common

10 core and other learning time will require the collabo11 ration and cooperation of teachers and administra12 tors, students, parents, community members and or13 ganizations, businesses and others to develop strate14 gies to meet the needs of students during and beyond

15 the school day and year.

16 ‘‘SEC. 8802. PURPOSE.

17 ‘‘It is the purpose of this part to provide seed money

18 to schools and local educational agencies to enable such

19 agencies to devise and implement strategies and methods

20 for upgrading the quality of, and extending, challenging,

21 engaging learning time geared to high standards for all stu22 dents.

23 ‘‘SEC. 8803. PROGRAM AUTHORIZED.

24 ‘‘(a) IN GENERAL.—The Secretary is authorized to

25 award grants to local educational agencies having applica-
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1 tions approved under section 8804 to enable such agencies

2 to carry out the authorized activities described in section

3 8805 in public elementary and secondary schools.

4 ‘‘(b) AMOUNT.—Each grant under subsection (a) shall

5 be awarded in an amount not more than $100,000.

6 ‘‘(c) DURATION.—Each grant under subsection (a)

7 shall be awarded for a period of not more than 3 years.

8 ‘‘SEC. 8804. APPLICATION.

9 ‘‘Each local educational agency desiring a grant under

10 this part shall submit an application to the Secretary at

11 such time, in such manner, and accompanied by such infor12 mation as the Secretary may require. Each such applica13 tion shall describe—

14 ‘‘(1) the activities for which assistance is sought;

15 ‘‘(2) any study or other information-gathering

16 project for which funds will be used;

17 ‘‘(3) strategies and methods the applicant will

18 use to enrich and extend learning time for all stu19 dents and to maximize the percentage of common core

20 learning time in the school day, such as block schedul21 ing, team teaching, longer school days or years, and

22 extending learning time through new distance-learn23 ing technologies;

24 ‘‘(4) the strategies and methods the applicant

25 will use, including changes in curriculum and in-
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1 struction, to challenge and engage students and to

2 maximize the productiveness of common core learning

3 time, as well as the total time students spend in

4 school and in school-related enrichment activities;

5 ‘‘(5) the extent of involvement of teachers and

6 other school personnel in investigating, designing, im7 plementing and sustaining the activities assisted

8 under this part;

9 ‘‘(6) the process to be used for involving parents

10 and other stakeholders in the development and imple11 mentation of the activities assisted under this part;

12 ‘‘(7) any cooperation or collaboration among

13 public housing authorities, libraries, businesses, muse14 ums, community-based organizations, and other com15 munity groups and organizations to extend engaging,

16 high-quality, standards-based learning time outside of

17 the school day or year, at the school or at some other

18 site;

19 ‘‘(8) the training and professional development

20 activities that will be offered to teachers and others

21 involved in the activities assisted under this part;

22 ‘‘(9) the goals and objectives of the activities as23 sisted under this part, including a description of how

24 such activities will assist all students to reach State

25 standards;
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1 ‘‘(10) the methods by which the applicant will

2 assess progress in meeting such goals and objectives;

3 and

4 ‘‘(11) how the applicant will use funds provided

5 under this part in coordination with other funds pro6 vided under this Act or other Federal laws.

7 ‘‘SEC. 8805. AUTHORIZED ACTIVITIES.

8 ‘‘Funds under this part may be used—

9 ‘‘(1) to study the feasibility of, and effective

10 methods for, extending learning time within or be11 yond the school day or year, including consultation

12 with other schools or local educational agencies that

13 have designed or implemented extended learning time

14 programs;

15 ‘‘(2) to conduct outreach to and consult with

16 community members, including parents, students, and

17 other stakeholders, such as tribal leaders, to develop a

18 plan to extend learning time within or beyond the

19 school day or year;

20 ‘‘(3) to develop and implement an outreach strat21 egy that will encourage collaboration with public

22 housing authorities, libraries, businesses, museums,

23 community-based organizations, and other commu24 nity groups and organizations to coordinate challeng-
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1 ing, high-quality educational activities outside of the

2 school day or year;

3 ‘‘(4) to research, develop and implement strate4 gies, including changes in curriculum and instruc5 tion, for maximizing the quality and percentage of

6 common core learning time in the school day and ex7 tending learning time during or beyond the school

8 day or year;

9 ‘‘(5) to provide professional development for

10 school staff in innovative teaching methods that chal11 lenge and engage students, and also increase the pro12 ductivity of extended learning time; and

13 ‘‘(6) to develop strategies to include parents,

14 business representatives, and other community mem15 bers in the extended time activities, especially as

16 facilitators of activities that enable teachers to have

17 more time for planning, individual student assist18 ance, and professional development activities.

19 ‘‘SEC. 8806. ADMINISTRATION.

20 ‘‘(a) PEER REVIEW.—The Secretary shall award

21 grants under this part pursuant to a peer review process.

22 ‘‘(b) DIVERSITY.—In awarding grants under this part

23 the Secretary shall ensure that such grants are awarded to

24 a diversity of local educational agencies, including such

25 agencies that serve rural and urban areas.
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1 ‘‘(c) PRIORITY.—The Secretary shall give priority to

2 awarding grants under this part to local educational agen3 cies that serve schools with high percentages of students in

4 poverty.

5 ‘‘SEC. 8807. DEFINITIONS.

6 ‘‘For the purpose of this part the term ‘common core

7 learning time’ means high-quality, engaging instruction in

8 challenging content in each of the following core academic

9 subjects described in the third National Education Goal:

10 ‘‘(1) English.

11 ‘‘(2) Mathematics.

12 ‘‘(3) Science.

13 ‘‘(4) Foreign languages.

14 ‘‘(5) Civics and government.

15 ‘‘(6) Economics.

16 ‘‘(7) Arts.

17 ‘‘(8) History.

18 ‘‘(9) Geography.

19 ‘‘SEC. 8808. AUTHORIZATION OF APPROPRIATIONS.

20 ‘‘There are authorized to be appropriated $20,000,000

21 for fiscal year 1995, and such sums as may be necessary

22 for each of the 4 succeeding fiscal years, to carry out this

23 part.
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1 ‘‘PART O—LONGER SCHOOL YEAR

2 ‘‘SEC. 8851. SHORT TITLE.

3 ‘‘This part may be cited as the ‘Longer School Year

4 Incentive Act of 1994’.

5 ‘‘SEC. 8852. FINDINGS.

6 ‘‘The Congress finds as follows:

7 ‘‘(1) A competitive world economy requires that

8 students in the United States receive education and

9 training that is at least as rigorous and high-quality

10 as the education and training received by students in

11 competitor countries.

12 ‘‘(2) Despite our Nation’s transformation from a

13 farm-based economy to one based on manufacturing

14 and services, the school year is still based on the sum15 mer needs of an agrarian economy.

16 ‘‘(3) For most students in the United States, the

17 school year is 180 days long. In Japan students go

18 to school 243 days per year, in Germany students go

19 to school 240 days per year, in Austria students go

20 to school 216 days per year, in Denmark students go

21 to school 200 days per year, and in Switzerland stu22 dents go to school 195 days per year.

23 ‘‘(4) In the final four years of schooling, students

24 in schools in the United States spend a total of 1,460

25 hours on core academic subjects, less than half of the

26 3,528 hours so spent in Germany, the 3,280 hours so
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1 spent in France, and the 3,170 hours so spent in

2 Japan.

3 ‘‘(5) American students’ lack of formal schooling

4 is not counterbalanced with more homework. The op5 posite is true, as half of all European students report

6 spending at least two hours on homework per day,

7 compared to only 29 percent of American students.

8 Twenty-two percent of American students watch five

9 or more hours of television per day, while less than

10 eight percent of European students watch that much

11 television.

12 ‘‘(6) More than half of teachers surveyed in the

13 United States cite ‘children who are left on their own

14 after school’ as a major problem.

15 ‘‘(7) Over the summer months, disadvantaged

16 students not only fail to advance academically, but

17 many forget much of what such students had learned

18 during the previous school year.

19 ‘‘(8) Funding constraints as well as the strong

20 pull of tradition have made extending the school year

21 difficult for most States and school districts.

22 ‘‘(9) Experiments with extended and multi-track

23 school years have been associated with both increased

24 learning and more efficient use of school facilities.
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1 ‘‘SEC. 8853. PURPOSE.

2 ‘‘It is the purpose of this part to allow the Secretary

3 to provide financial incentives and assistance to States or

4 local educational agencies to enable such States or agencies

5 to substantially increase the amount of time that students

6 spend participating in quality academic programs, and to

7 promote flexibility in school scheduling.

8 ‘‘SEC. 8854. PROGRAM AUTHORIZED.

9 ‘‘The Secretary is authorized to award grants to States

10 or local educational agencies to enable such States or agen11 cies to support public school improvement efforts that in12 clude the expansion of time devoted to core academic sub13 jects and the extension of the school year to not less than

14 210 days.

15 ‘‘SEC. 8855. APPLICATION.

16 ‘‘Any State or local educational agency desiring assist17 ance under this part shall submit to the Secretary an appli18 cation at such time, in such manner, and accompanied by

19 such information as the Secretary may require.

20 ‘‘SEC. 8856. APPROPRIATIONS AUTHORIZATION.

21 ‘‘For the purpose of carrying out this part there are

22 authorized to be appropriated $100,000,000 for fiscal year

23 1995 and such sums as may be necessary for each of the

24 succeeding fiscal years.
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1 ‘‘PART P—CREATING SMALLER LEARNING

2 COMMUNITIES

3 ‘‘SEC. 8871. FINDINGS.

4 ‘‘The Congress finds that—

5 ‘‘(1) smaller school communities can have a sig6 nificant, positive impact on student achievement, in7 cluding grade promotion, school attendance and moti8 vation;

9 ‘‘(2) large schools can benefit from reorganiza10 tion into smaller learning communities, such as

11 schools-within-schools; and

12 ‘‘(3) smaller learning communities can provide

13 students with a variety of educational options based

14 on various themes, while providing all students en15 gaging, innovative instruction in challenging curric16 ula that will enable such communities to meet State

17 standards.

18 ‘‘SEC. 8872. PURPOSE.

19 ‘‘It is the purpose of this part to improve the quality

20 and effectiveness of teaching and learning by encouraging

21 and supporting school and school district efforts to create

22 smaller schools, including those that exist as schools-within23 schools.

24 ‘‘SEC. 8873. PROGRAM AUTHORIZED.

25 ‘‘(a) IN GENERAL.—The Secretary is authorized to

26 award grants to local educational agencies having applica-
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1 tions approved under section 8854 to enable such agencies

2 to carry out the authorized activities described in section

3 8875 in public elementary and secondary schools.

4 ‘‘(b) AMOUNT.—Each grant under subsection (a) shall

5 be awarded in an amount not more than $100,000.

6 ‘‘(c) DURATION.—Each grant under subsection (a)

7 shall be awarded for a period of not more than 3 years.

8 ‘‘SEC. 8874. APPLICATION.

9 ‘‘Each local educational agency desiring a grant under

10 this part shall submit an application to the Secretary at

11 such time, in such manner, and accompanied by such infor12 mation as the Secretary may require. Each such applica13 tion shall describe—

14 ‘‘(1) strategies and methods the applicant will

15 use to create the smaller learning community or com16 munities;

17 ‘‘(2) curriculum and instructional practices, in18 cluding any particular themes or emphases, to be used

19 in the learning environment;

20 ‘‘(3) the extent of involvement of teachers and

21 other school personnel in investigating, designing, im22 plementing and sustaining the smaller learning com23 munity or communities;

24 ‘‘(4) the process to be used for involving students,

25 parents and other stakeholders in the development
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1 and implementation of the smaller learning commu2 nity or communities;

3 ‘‘(5) any cooperation or collaboration among

4 community agencies, organizations, businesses, and

5 others to develop or implement a plan to create the

6 smaller learning community or communities;

7 ‘‘(6) the training and professional development

8 activities that will be offered to teachers and others

9 involved in the activities assisted under this part;

10 ‘‘(7) the goals and objectives of the activities as11 sisted under this part, including a description of how

12 such activities will better enable all students to reach

13 challenging State content standards and State student

14 performance standards;

15 ‘‘(8) the methods by which the applicant will as16 sess progress in meeting such goals and objectives;

17 ‘‘(9) if the smaller learning community or com18 munities exist as a school-within-a-school, the rela19 tionship, including governance and administration, of

20 the smaller learning community to the rest of the

21 school;

22 ‘‘(10) a description of the administrative and

23 managerial relationship between the local educational

24 agency and the smaller learning community or com25 munities, including how such agency will demonstrate
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1 a commitment to the continuity of the smaller learn2 ing community or communities, including the con3 tinuity of student and teacher assignment to a par4 ticular learning community;

5 ‘‘(11) how the applicant will coordinate or use

6 funds provided under this part with other funds pro7 vided under this Act or other Federal laws;

8 ‘‘(12) grade levels or ages of students who will

9 participate in the smaller learning community or

10 communities; and

11 ‘‘(13) the method of placing students in the

12 smaller learning community or communities, such

13 that students are not placed according to ability, per14 formance or any other measure, so that students are

15 placed at random or by their own choice, not pursu16 ant to testing or other judgments.

17 ‘‘SEC. 8875. AUTHORIZED ACTIVITIES.

18 ‘‘Funds under this part may be used—

19 ‘‘(1) to study the feasibility of creating the small20 er learning community or communities as well as ef21 fective and innovative organizational and instruc22 tional strategies that will be used in the smaller

23 learning community or communities;

24 ‘‘(2) to research, develop and implement strate25 gies for creating the smaller learning community or
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1 communities, as well as effective and innovative

2 changes in curriculum and instruction, geared to high

3 State content standards and State student perform4 ance standards;

5 ‘‘(3) to provide professional development for

6 school staff in innovative teaching methods that chal7 lenge and engage students to be used in the smaller

8 learning community or communities; and

9 ‘‘(4) to develop and implement strategies to in10 clude parents, business representatives, local institu11 tions of higher education, community-based organiza12 tions, and other community members in the smaller

13 learning communities, as facilitators of activities that

14 enable teachers to participate in professional develop15 ment activities, as well as to provide links between

16 students and their community.

17 ‘‘SEC. 8876. ADMINISTRATION.

18 ‘‘(a) PEER REVIEW.—The Secretary shall award

19 grants under this part pursuant to a peer review process.

20 ‘‘(b) DIVERSITY.—In awarding grants under this part

21 the Secretary shall ensure that such grants are awarded to

22 a diversity of local educational agencies, including such

23 agencies that serve rural and urban areas.

24 ‘‘(c) PRIORITY.—The Secretary shall give priority to

25 awarding grants under this part to local educational agen-
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1 cies that serve schools with high percentages of students in

2 poverty.

3 ‘‘(d) SPECIAL RULE.—In awarding grants under this

4 part, the Secretary shall ensure that such grants are award5 ed for authorized activities described in section 8855 that

6 serve a diversity of grade spans.

7 ‘‘SEC. 8877. AUTHORIZATION OF APPROPRIATIONS.

8 ‘‘There are authorized to be appropriated $20,000,000

9 for fiscal year 1995, and such sums as may be necessary

10 for each of the 4 succeeding fiscal years, to carry out this

11 part.

12 ‘‘PART Q—PARTNERSHIPS IN CHARACTER

13 EDUCATION PILOT PROJECT

14 ‘‘SEC. 8901. PROGRAM AUTHORIZED.

15 ‘‘(a) IN GENERAL.—The Secretary is authorized to

16 make up to a total of 10 grants annually to partnerships

17 of State educational agencies and local educational agencies

18 for the design and implementation of character education

19 programs that incorporate the elements of character listed

20 in section 8904, as well as other character elements identi21 fied by applicants.

22 ‘‘(b) MAXIMUM AMOUNT OF GRANT.—No State edu23 cational agency shall receive more than a total of

24 $1,000,000 in grants under this part.
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1 ‘‘(c) DURATION.—Each grant under this part shall be

2 awarded for a period not to exceed 5 years, of which the

3 State educational agency shall not use more than 1 year

4 for planning and program design.

5 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is

6 authorized to be appropriated for fiscal year 1995

7 $6,000,000, and such sums as may be necessary for each

8 fiscal year thereafter to carry out this part.

9 ‘‘SEC. 8902. STATE EDUCATIONAL AGENCY APPLICATIONS.

10 ‘‘(a) REQUIREMENT.—Each State educational agency

11 desiring a grant under this part shall submit an applica12 tion to the Secretary at such time and in such manner as

13 the Secretary may require.

14 ‘‘(b) PARTNERSHIPS.—Each State educational agency

15 desiring a grant under this part shall form a partnership

16 with at least one local educational agency to be eligible for

17 funding. The partnership shall—

18 ‘‘(1) pursue State and local initiatives to meet

19 the objectives of this part; and

20 ‘‘(2) establish a character education clearing21 house at the State level to make information and ma22 terials available to local educational agencies.

23 ‘‘(c) APPLICATION.—Each application under this part

24 shall include—
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1 ‘‘(1) a list of the local educational agencies enter2 ing into the partnership with the State educational

3 agency;

4 ‘‘(2) a description of the goals of the partnership;

5 ‘‘(3) a description of activities that will be pur6 sued by the participating local educational agencies,

7 including—

8 ‘‘(A) how parents, students, and other mem9 bers of the community, including members of

10 private and nonprofit organizations, will be in11 volved in the design and implementation of the

12 program;

13 ‘‘(B) curriculum and instructional prac14 tices;

15 ‘‘(C) methods of teacher training and par16 ent education that will be used or developed; and

17 ‘‘(D) examples of activities that will be car18 ried out under this part;

19 ‘‘(4) a description of how the State educational

20 agency will provide technical and professional assist21 ance to its local educational agency partners in the

22 development and implementation of character edu23 cation programs;

24 ‘‘(5) a description of how the State educational

25 agency will evaluate the success of local programs and
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1 how local educational agencies will evaluate the

2 progress of their own programs;

3 ‘‘(6) a description of how the State educational

4 agency will assist other interested local educational

5 agencies that are not members of the original partner6 ship in designing and establishing programs;

7 ‘‘(7) a description of how the State educational

8 agency will establish a clearinghouse for information

9 on model programs, materials, and other information

10 the State and local educational agencies determine to

11 be appropriate;

12 ‘‘(8) an assurance that the State educational

13 agency will annually provide to the Secretary such

14 information as may be required to determine the ef15 fectiveness of the program; and

16 ‘‘(9) any other information that the Secretary

17 may require.

18 ‘‘(d) NON-PARTNER LOCAL EDUCATIONAL AGEN19 CIES.—Any local educational agency that was not a part20 ner with the State when the application was submitted may

21 become a partner by submitting an application for partner22 ship to the State educational agency, containing such infor23 mation that the State educational agency may require.
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1 ‘‘SEC. 8903. EVALUATION AND PROGRAM DEVELOPMENT.

2 ‘‘(a) REQUIREMENT.—Each State educational agency

3 receiving a grant under this part shall submit to the Sec4 retary a comprehensive evaluation of the program assisted

5 under this part, including the impact on students, teachers,

6 administrators, parents, and others—

7 ‘‘(1) by the mid-term of the program; and

8 ‘‘(2) not later than 1 year after completion of

9 such program.

10 ‘‘(b) CONTRACTS FOR EVALUATION.—Each State edu11 cational agency receiving a grant under this part may con12 tract with outside sources, including institutions of higher

13 education, and private and nonprofit organizations, for

14 purposes of evaluating their program and measuring the

15 success of the program toward fostering in students the ele16 ments of character listed in section 8904.

17 ‘‘(c) FACTORS.—Factors which may be considered in

18 evaluating the success of the program may include—

19 ‘‘(1) discipline problems;

20 ‘‘(2) students’ grades;

21 ‘‘(3) participation in extracurricular activities;

22 ‘‘(4) parental and community involvement;

23 ‘‘(5) faculty and administration involvement;

24 and

25 ‘‘(6) student and staff morale.
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1 ‘‘(d) MATERIALS AND PROGRAM DEVELOPMENT.—

2 Local educational agencies, after consulting with the State

3 educational agency, may contract with outside sources, in4 cluding institutions of higher education, and private and

5 nonprofit organizations, for assistance in developing cur6 riculum, materials, teacher training, and other activities

7 related to character education.

8 ‘‘SEC. 8904. ELEMENTS OF CHARACTER.

9 ‘‘(a) IN GENERAL.—Applicants desiring funding

10 under this part shall develop character education programs

11 that incorporate the following elements of character:

12 ‘‘(1) Caring.

13 ‘‘(2) Civic virtue and citizenship.

14 ‘‘(3) Justice and fairness.

15 ‘‘(4) Respect.

16 ‘‘(5) Responsibility.

17 ‘‘(6) Trustworthiness.

18 ‘‘(7) Any other elements deemed appropriate by

19 the members of the partnership.

20 ‘‘(b) ADDITIONAL ELEMENTS OF CHARACTER.—A local

21 educational agency participating under this part may,

22 after consultation with schools and communities of such

23 agency, define additional elements of character that the

24 agency determines to be important to the schools and com25 munities of such agency.
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1 ‘‘SEC. 8905. USE OF FUNDS.

2 ‘‘Of the total funds received by a State educational

3 agency in any fiscal year under this part—

4 ‘‘(1) not more than 30 percent of such funds may

5 be retained by the State educational agency, of

6 which—

7 ‘‘(A) not more than 10 percent of such funds

8 may be used for administrative purposes; and

9 ‘‘(B) the remainder of such funds may be

10 used for—

11 ‘‘(i) collaborative initiatives with local

12 educational agencies;

13 ‘‘(ii) the establishment of the clearing14 house, preparation of materials, teacher

15 training; and

16 ‘‘(iii) other appropriate activities; and

17 ‘‘(2) the remaining of such funds shall be used to

18 award subgrants to local educational agencies, of

19 which—

20 ‘‘(A) not more than 10 percent of such funds

21 may be retained for administrative purposes;

22 and

23 ‘‘(B) the remainder of such funds may be

24 used to—

25 ‘‘(i) award subgrants to schools within

26 the local educational agency; and
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1 ‘‘(ii) pursue collaborative efforts with

2 the State educational agency.

3 ‘‘SEC. 8906. SELECTION OF GRANTEES.

4 ‘‘(a) CRITERIA.—The Secretary shall select, through

5 peer review, partnerships to receive grants under this part

6 on the basis of the quality of the applications submitted

7 under section 8902, taking into consideration such factors

8 as—

9 ‘‘(1) the quality of the activities proposed by

10 local educational agencies;

11 ‘‘(2) the extent to which the program fosters in

12 students the elements of character;

13 ‘‘(3) the extent of parental, student, and commu14 nity involvement;

15 ‘‘(4) the number of local educational agencies in16 volved in the effort;

17 ‘‘(5) the quality of the plan for measuring and

18 assessing success; and

19 ‘‘(6) the likelihood that the goals of the program

20 will be realistically achieved.

21 ‘‘(b) DIVERSITY OF PROJECTS.—The Secretary shall

22 approve applications under this part in a manner that en23 sures, to the extent practicable, that programs assisted

24 under this part—
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1 ‘‘(1) serve different areas of the Nation, includ2 ing urban, suburban, and rural areas; and

3 ‘‘(2) serve schools that serve minorities, Native

4 Americans, students of limited-English proficiency,

5 and disadvantaged students.

6 ‘‘PART R—ALASKA NATIVE EDUCATION

7 ‘‘SEC. 8921. SHORT TITLE.

8 ‘‘This part may be cited as the ‘Alaska Native Edu9 cational Equity, Support and Assistance Act’.

10 ‘‘SEC. 8922. FINDINGS.

11 ‘‘The Congress finds and declares:

12 ‘‘(1) The attainment of educational success is

13 critical to the betterment of the conditions, long term

14 well being and preservation of the culture of Alaska

15 Natives.

16 ‘‘(2) It is the policy of the Federal Government

17 to encourage the maximum participation by Alaska

18 Natives in the planning and the management of Alas19 ka Native education programs.

20 ‘‘(3) Alaska Native children enter and exit school

21 with serious educational handicaps.

22 ‘‘(4) The educational achievement of Alaska Na23 tive children is far below national norms. In addition

24 to low Native performance on standardized tests, Na25 tive student drop out rates are high, and Natives are
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1 significantly underrepresented among holders of bac2 calaureate degrees in the State of Alaska. As a result

3 Native students are being denied their opportunity to

4 become full participants in society by grade school

5 and high school educations that are condemning an

6 entire generation to an underclass status and a life

7 of limited choices.

8 ‘‘(5) The programs authorized herein, combined

9 with expanded Head Start, infant learning and early

10 childhood education programs, and parent education

11 programs are essential if educational handicaps are

12 to be overcome.

13 ‘‘(6) The sheer magnitude of the geographic bar14 riers to be overcome in delivering educational services

15 in rural and village Alaska should be addressed

16 through the development and implementation of inno17 vative, model programs in a variety of areas.

18 ‘‘(7) Congress finds that Native children should

19 be afforded the opportunity to begin their formal edu20 cation on a par with their non-Native peers. The Fed21 eral Government should lend support to efforts devel22 oped by and undertaken within the Alaska Native

23 community to improve educational opportunity for

24 all students.
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1 ‘‘SEC. 8923. PURPOSE.

2 ‘‘It is the purpose of this part to—

3 ‘‘(1) recognize the unique educational needs of

4 Alaska Natives;

5 ‘‘(2) authorize the development of supplemental

6 educational programs to benefit Alaska Natives;

7 ‘‘(3) supplement existing programs and authori8 ties in the area of education to further the purposes

9 of this part; and

10 ‘‘(4) provide direction and guidance to appro11 priate Federal, State and local agencies to focus re12 sources, including resources made available under this

13 part, on meeting the educational needs of Alaska Na14 tives.

15 ‘‘SEC. 8924. ALASKA NATIVE EDUCATIONAL PLANNING, CUR16 RICULUM DEVELOPMENT, TEACHER TRAIN17 ING AND RECRUITMENT PROGRAM.

18 ‘‘(a) GENERAL AUTHORITY.—The Secretary shall

19 make direct grants to Alaska Native organizations or edu20 cational entities with experience in developing or operating

21 Alaska Native programs or programs of instruction con22 ducted in Alaska Native languages, or to partnerships in23 volving Alaska Native organizations, for the following pur24 poses:

25 ‘‘(1) EDUCATIONAL PLANNING.—The consolida26 tion of existing educational plans, recommendations
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1 and research into implementation methods and strate2 gies to improve schooling for Alaska Natives.

3 ‘‘(2) IMPLEMENTATION OF EDUCATIONAL

4 PLANS.—The adoption and implementation of specific

5 educational plans developed under subsection (1)

6 above.

7 ‘‘(3) CURRICULA.—The development of curricula

8 to address the needs of Alaska Native students, par9 ticularly elementary and secondary school students,

10 which may include innovative programs and pilot

11 and demonstration programs to develop and introduce

12 curriculum materials that reflect cultural diversities

13 or the contributions of Alaska Native people, pro14 grams of instruction conducted in Native languages,

15 and the development of networks to introduce success16 ful techniques, programs and curriculum materials to

17 rural and urban schools, including:

18 ‘‘(A) multimedia social studies curricula

19 which fully and accurately portray the role of

20 Native Americans historically and

21 contemporarily; and

22 ‘‘(B) curricula and teaching materials for

23 instructions in Native languages.

24 ‘‘(4) PRETEACHER TRAINING.—The development

25 and implementation of preteacher training program
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1 in order to ensure that student teachers within the

2 State of Alaska, particularly student teachers who are

3 likely to be employed in schools with a high con4 centration of Alaska Native students, are prepared to

5 better address the cultural diversity and unique needs

6 of Alaska Native students;

7 ‘‘(5) TEACHER RECRUITMENT.—The development

8 and implementation of teacher recruitment programs

9 to meet the objectives of—

10 ‘‘(A) increasing the numbers of teachers who

11 are Alaska Natives;

12 ‘‘(B) enhancing teacher recruitment within

13 communities with a high concentration of Alaska

14 Native students; and

15 ‘‘(C) improving the teacher selection proc16 esses in order to recruit teachers who are more

17 positively responsive to rural conditions and who

18 are suited for effective cross-cultural instruction.

19 ‘‘(6) INSERVICE TEACHER TRAINING.—The devel20 opment and implementation of inservice teacher

21 training programs in order to ensure that teachers

22 are prepared to better address the unique needs of

23 Alaska Native students.

24 ‘‘(b) ADMINISTRATIVE COSTS.—Not more than 10 per25 cent of the funds appropriated to carry out the provisions
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1 of this section for any fiscal year may be used for adminis2 trative purposes.

3 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are

4 authorized to be appropriated $5,000,000 for fiscal year

5 1995, and such sums as may be necessary for each of the

6 4 succeeding fiscal years, to carry out this section. Funds

7 appropriated under the authority of this subsection shall

8 remain available until expended.

9 ‘‘SEC. 8925. ALASKA NATIVE HOME BASED EDUCATION FOR

10 PRESCHOOL CHILDREN.

11 ‘‘(a) GENERAL AUTHORITY.—The Secretary shall

12 make direct grants to Alaska Native organizations or edu13 cational entities with experience in developing or operating

14 Alaska Native programs, or to partnerships involving Alas15 ka Native organizations, to implement home instruction

16 programs for Alaska Native preschool youngsters. The objec17 tive of such programs shall be to develop parents as edu18 cators for their children and to assure the active involve19 ment of parents in the education of their children from the

20 earliest ages.

21 ‘‘(b) PROGRAM ELEMENTS.—Home based education

22 programs for Alaska Native children shall include—

23 ‘‘(1) parent-infant programs for prenatal

24 through three-year olds;
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1 ‘‘(2) preschool programs for four- and five-year

2 olds;

3 ‘‘(3) training, education and support programs

4 to teach parents skills in observation, reading readi5 ness, story telling and critical thinking;

6 ‘‘(4) continued research and development; and

7 ‘‘(5) a long term followup and assessment pro8 gram.

9 ‘‘(c) ELIGIBILITY OF HIPPY PROGRAMS.—Programs

10 based on the HIPPY (Home Instruction Program for Pre11 school Youngsters) model shall be eligible for funding under

12 this section.

13 ‘‘(d) ADMINISTRATIVE COSTS.—Not more than 10 per14 cent of the funds appropriated to carry out the provisions

15 of this section for any fiscal year may be used for adminis16 trative purposes.

17 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is

18 authorized to be appropriated $2,000,000 for fiscal year

19 1995, and such sums as may be necessary for each of the

20 4 succeeding fiscal years, to carry out this section. Funds

21 appropriated under the authority of this subsection shall

22 remain available until expended.
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1 ‘‘SEC. 8926. ALASKA NATIVE STUDENT ENRICHMENT PRO2 GRAMS.

3 ‘‘(a) GENERAL AUTHORITY.—The Secretary shall

4 make a grant or grants to Alaska Native educational orga5 nizations or educational entities with experience in develop6 ing or operating Alaska Native programs, or to partner7 ships including Alaska Native organizations, for enrich8 ment programs for Alaska Native students in the areas of

9 science and mathematics education. The programs shall be

10 designed to—

11 ‘‘(1) prepare qualified students from rural areas

12 who are preparing to enter village high schools to

13 excel in science and mathematics; and

14 ‘‘(2) provide those support services to the fami15 lies of such students that are needed to enable such

16 students to benefit from the program.

17 ‘‘(b) USES OF FUNDS.—The program funded under

18 this section may include—

19 ‘‘(1) the identification of the students eligible to

20 participate in the program;

21 ‘‘(2) the conduct of educational, psychosocial,

22 and developmental activities which hold reasonable

23 promise of resulting in substantial enrichment of the

24 educational performance of the participating students;

25 ‘‘(3) leadership programs designed to provide for

26 the replication of the program in other subject matter
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1 areas and the dissemination of information derived

2 from the program; and

3 ‘‘(4) appropriate research, evaluation and relat4 ed activities pertaining to the benefits of such enrich5 ment programs.

6 ‘‘(c) ADMINISTRATIVE COSTS.—Not more than 10 per7 cent of the funds appropriated to carry out the provisions

8 of this section for any fiscal year may be used for adminis9 trative purposes.

10 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There

11 are authorized to be appropriated $1,000,000 for fiscal year

12 1995, and such sums as may be necessary for each of the

13 4 succeeding fiscal years, to carry out this section. Funds

14 appropriated under the authority of this subsection shall

15 remain available until expended.

16 ‘‘SEC. 8927. ADMINISTRATIVE PROVISIONS.

17 ‘‘(a) APPLICATION REQUIRED.—No grant may be

18 made under this part, nor any contract be entered into

19 under this part, unless an application is submitted to the

20 Secretary in such form, in such manner, and containing

21 such information as the Secretary may determine necessary

22 to carry out the provisions of this part.

23 ‘‘(b) APPLICATIONS BY LOCAL SCHOOL DISTRICTS OR

24 STATE EDUCATIONAL ENTITIES.—Local school districts or
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1 State educational entities shall apply for funding under

2 this Part in partnership with Alaska Native organizations.

3 ‘‘(c) CONSULTATION REQUIRED.—Each applicant for

4 funding shall provide for ongoing advice from and consulta5 tion with representatives of the Alaska Native community.

6 ‘‘(d) LOCAL EDUCATIONAL AGENCY COORDINATION.—

7 Each local educational agency serving students who will

8 participate in the program for which assistance is sought

9 shall be informed regarding each application submitted

10 under this part: Provided, That approval by or concurrence

11 from such local educational agency shall not be required.

12 ‘‘(e) IMPLEMENTATION OF AUTHORITIES.—The Sec13 retary shall expeditiously obligate funds appropriated as

14 provided in this part.

15 ‘‘SEC. 8928. DEFINITIONS.

16 ‘‘For purposes of this part—

17 ‘‘(1) the term ‘Alaska Native’ has the same

18 meaning as the term ‘Native’ has in section 3(b) of

19 the Alaska Native Claims Settlement Act.

20 ‘‘(2) the term ‘Alaska Native organization’

21 means a federally recognized tribe, consortium of

22 tribes, regional nonprofit Native association, and

23 other Alaska Native organizations that:

24 ‘‘(A) has or commits to acquire expertise in

25 the education of Alaska Natives; and
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1 ‘‘(B) has Alaska Natives in substantive and

2 policy-making positions within the organization.

3 ‘‘PART S—PROMOTING SCHOLAR-ATHLETE

4 COMPETITIONS

5 ‘‘SEC. 8931. FINDINGS.

6 ‘‘The Congress finds that—

7 ‘‘(1) athletic and intellectual competition can be

8 a force for understanding and friendship among an

9 economically and culturally diverse population;

10 ‘‘(2) the World Scholar-Athlete Games in 1993

11 brought together 2,000 young scholars ranging in age

12 from 16 to 19 who are talented in art, creative writ13 ing, poetry, singing or athletics, from 125 countries

14 and all 50 States; and

15 ‘‘(3) through experiences on the playing field, in

16 group discussions and informal gatherings, scholar17 athlete competitions can foster understanding, accept18 ance and friendship among students who might other19 wise never interact.

20 ‘‘SEC. 8932. PURPOSE.

21 ‘‘It is the purpose of this part to provide authorization

22 for the establishment of a model educational, athletic, and

23 cultural event that—
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1 ‘‘(1) is intended to bring together academically

2 qualified youth of diverse cultural, economic, and so3 cial backgrounds;

4 ‘‘(2) is replicated by each State; and

5 ‘‘(3) invites adult and student leaders in edu6 cation, business and government representing all 50

7 States to attend and observe the model event, includ8 ing such event’s educational and cultural programs,

9 so that such leaders are qualified to administer simi10 lar events in their home States.

11 ‘‘SEC. 8933. PROGRAM AUTHORIZED.

12 ‘‘(a) PROGRAM AUTHORIZED.—

13 ‘‘(1) IN GENERAL.—(A) If funds are appro14 priated pursuant to the authority of subsection (c) for

15 fiscal year 1995, the Secretary is authorized to award

16 a grant to a nonprofit organization to enable such or17 ganization to carry out model scholar-athlete games

18 in accordance with the purpose of this part.

19 ‘‘(B) If funds are appropriated pursuant to the

20 authority of subsection (c) for fiscal year 1996, the

21 Secretary is authorized to award a grant to a non22 profit organization to reimburse such organization for

23 the costs of conducting scholar-athlete games in 1995.

24 ‘‘(2) SPECIAL RULE.—Scholar-athlete games as25 sisted under this part shall be held in 1995.
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1 ‘‘(3) PRIORITY.—In awarding grants under this

2 part, the Secretary shall give priority to a nonprofit

3 organization that—

4 ‘‘(A) is described in section 501(c)(3) of,

5 and exempt from taxation under section 501(a)

6 of, the Internal Revenue Code of 1986, and is af7 filiated with a university capable of hosting a

8 large educational, cultural, and athletic event

9 that will serve as a national model;

10 ‘‘(B) has the capability to administer feder11 ally funded scholar-athlete programs;

12 ‘‘(C) has the ability to provide matching

13 funds, on a dollar-for-dollar basis, from founda14 tions and the private sector for the purpose of

15 conducting a scholar-athlete program;

16 ‘‘(D) has the organizational structure and

17 capability to administer a model scholar-athlete

18 program in the summer of 1995;

19 ‘‘(E) has the organizational structure and

20 expertise to replicate the scholar-athlete program

21 in various venues throughout the United States

22 in 1996 and thereafter, as well as replicate such

23 program internationally; and
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1 ‘‘(F) the Secretary determines has plans for

2 conducting scholar-athlete games after 1995

3 without Federal assistance.

4 ‘‘(b) PAYMENTS.—From the amount authorized to be

5 appropriated pursuant to the authority of subsection (c) for

6 fiscal year 1995, the Secretary is authorized to make grant

7 payments of 50 percent of such amount at the beginning

8 of such year and the remaining 50 percent of such amount

9 incrementally according to procedures established by the

10 Secretary.

11 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are

12 authorized to be appropriated $1,000,000 for each of the

13 fiscal years 1995 and 1996 to carry out this part.

14 ‘‘PART T—COMMUNITY SCHOOL PARTNERSHIPS

15 ‘‘SEC. 8941. SHORT TITLE.

16 ‘‘This part may be cited as the ‘Community School

17 Partnership Act’.

18 ‘‘SEC. 8942. FINDINGS.

19 ‘‘The Congress finds that—

20 ‘‘(1) the local community, when properly orga21 nized and challenged, is one of the best sources of aca22 demic support, motivation toward achievement, and

23 financial resources for aspiring postsecondary stu24 dents;
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1 ‘‘(2) local communities, working to complement

2 or augment services currently being offered by area

3 schools and colleges, can raise the educational expec4 tations and increase the rate of postsecondary attend5 ance of their youth by forming locally based organiza6 tions that provide both academic support (including

7 guidance, counseling, mentoring, tutoring, encourage8 ment, and recognition) and tangible, locally raised,

9 effectively targeted, publicly recognized financial

10 assistance;

11 ‘‘(3) proven methods of stimulating these commu12 nity efforts can be promoted through Federal support

13 for the establishment of area program centers to orga14 nize and challenge community efforts to develop edu15 cational incentives and support for local students;

16 and

17 ‘‘(4) using Federal funds to leverage private con18 tributions to help students from low-income families

19 attain educational and career goals is an efficient

20 and effective investment of scarce taxpayer-provided

21 resources.

22 ‘‘SEC. 8943. DEFINITIONS.

23 ‘‘As used in this part:

24 ‘‘(1) AREA PROGRAM CENTER.—The term ‘area

25 program center’ means an organization that—
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1 ‘‘(A) is part of, responsible to, and overseen

2 by, the national organization; and

3 ‘‘(B) is staffed by professionals trained to

4 create, develop, and sustain local affiliated chap5 ters in towns, cities, and neighborhoods.

6 ‘‘(2) LOCAL AFFILIATED CHAPTER.—The term

7 ‘local affiliated chapter’ means an organization

8 that—

9 ‘‘(A) is a nonprofit organization that is de10 scribed in section 501(c)(3) of the Internal Reve11 nue Code of 1986, and exempt from taxation

12 under section 501(a) of such Code (or shall meet

13 this criteria through affiliation with the national

14 organization described in paragraph (3));

15 ‘‘(B) is formed for the purpose of providing

16 educational scholarships and academic support

17 for residents of the local community served by

18 such organization;

19 ‘‘(C) solicits broad-based community sup20 port in its academic support and fund-raising

21 activities;

22 ‘‘(D) is broadly representative of the local

23 community in the structures of its volunteer-op24 erated organization and has a board of directors

25 that includes leaders from local neighborhood or-
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1 ganizations and neighborhood residents, such as

2 school or college personnel, parents, students,

3 community agency representatives, and rep4 resentatives of the business community;

5 ‘‘(E) awards scholarships without regard to

6 age, sex, marital status, race, creed, color, reli7 gion, national origin or the presence of any men8 tal, sensory, or physical disability; and

9 ‘‘(F) gives priority in awarding scholar10 ships to students from low-income families in the

11 local community.

12 ‘‘(3) NATIONAL ORGANIZATION.—The term ‘na13 tional organization’ means an organization that—

14 ‘‘(A) has the capacity to create, develop and

15 sustain local affiliated chapters;

16 ‘‘(B) has the capacity to sustain newly cre17 ated local affiliated chapters in towns, cities,

18 and neighborhoods through ongoing training and

19 support programs;

20 ‘‘(C) is described in section 501(c)(3) of the

21 Internal Revenue Code of 1986, and exempt from

22 taxation under section 501(a) of such Code;

23 ‘‘(D) is a publicly supported organization

24 within the meaning of section 170(b)(1)(A)(vi) of

25 such Code;
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1 ‘‘(E) ensures that each of its local affiliated

2 chapters meet the criteria described in subpara3 graphs (C) and (D); and

4 ‘‘(F) has a program for or experience in co5 operating with secondary and postsecondary in6 stitutions in carrying out its scholarship and

7 academic support activities.

8 ‘‘(4) HIGH-POVERTY AREA.—The term ‘high-pov9 erty area’ means a community with a higher percent10 age of children in poverty than the national average

11 of such percentage.

12 ‘‘(5) STUDENTS FROM LOW-INCOME FAMILIES.—

13 The term ‘students from low-income families’ means

14 students determined, pursuant to part F of title IV of

15 the Higher Education Act of 1965, to be eligible for

16 a Federal Pell Grant under subpart 1 of part A of

17 title IV of such Act.

18 ‘‘SEC. 8944. PURPOSE; ENDOWMENT GRANT AUTHORITY.

19 ‘‘(a) PURPOSE.—It is the purpose of this title to estab20 lish and support area program centers to enable such cen21 ters to foster the development of local affiliated chapters in

22 high-poverty areas that promote higher education goals for

23 students from low-income families by—
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1 ‘‘(1) providing academic support, including

2 guidance, counseling, mentoring, tutoring, and rec3 ognition; and

4 ‘‘(2) providing scholarship assistance for the

5 pursuit of postsecondary education.

6 ‘‘(b) ENDOWMENT GRANT AUTHORITY.—From the

7 funds appropriated pursuant to the authority of section

8 8947, the Secretary competitively award an endowment

9 grant to a national organization to enable such organiza10 tion to support the establishment or ongoing work of area

11 program centers that foster the development of local affili12 ated chapters in high-poverty areas to improve high school

13 graduation rates and postsecondary attendance through the

14 provision of academic support services and scholarship as15 sistance for the pursuit of postsecondary education.

16 ‘‘SEC. 8945. GRANT AGREEMENT AND REQUIREMENTS.

17 ‘‘(a) IN GENERAL.—The Secretary shall award the en18 dowment grant described in section 8944(b) pursuant to an

19 agreement between the Secretary and the national organiza20 tion. Such agreement shall—

21 ‘‘(1) require the national organization to estab22 lish an endowment fund in the amount of the grant,

23 the corpus of which shall remain intact and the inter24 est income from which shall be used to support the ac25 tivities described in paragraphs (2) and (3);
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1 ‘‘(2) require the national organization to use 25

2 percent of the interest income from the endowment

3 fund in any fiscal year to provide scholarships for

4 students from low-income families, which scholarships

5 shall be matched on a dollar-for-dollar basis from

6 funds raised by local affiliated chapters;

7 ‘‘(3) require the national organization to use 75

8 percent of the interest income from the endowment

9 fund in any fiscal year to support the establishment

10 or ongoing work of area program centers to enable

11 such centers to work with local communities to estab12 lish local affiliated chapters in high-poverty areas

13 and provide ongoing technical assistance, training

14 workshops, and other activities to help ensure the on15 going success of the local affiliated chapters;

16 ‘‘(4) require the area program centers supported

17 by the national organization to give priority to estab18 lishing local affiliated chapters that serve high-pov19 erty areas;

20 ‘‘(5) require the national organization to submit,

21 in each fiscal year in which such organization uses

22 the interest from the endowment fund, a report to the

23 Secretary that contains—
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1 ‘‘(A) a description of the programs and ac2 tivities supported by the interest on the endow3 ment fund;

4 ‘‘(B) the audited financial statement of the

5 national organization for the preceding fiscal

6 year;

7 ‘‘(C) a plan for the programs and activities

8 to be supported from the interest on the endow9 ment fund during the 5 succeeding fiscal years;

10 ‘‘(D) or is accompanied by such evaluation

11 of the programs and activities supported by the

12 interest on the endowment fund as the Secretary

13 may require; and

14 ‘‘(E) data indicating the number of students

15 from low-income families who received scholar16 ships from local affiliated chapters, and the

17 amounts of such scholarships;

18 ‘‘(6) contain such assurances as the Secretary

19 may require with respect to the management and op20 eration of the endowment fund;

21 ‘‘(7) require that, in order to continue using the

22 interest from the endowment fund, the national orga23 nization will meet the continuing eligibility require24 ments described in section 8946; and
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1 ‘‘(8) contain an assurance that if the Secretary

2 determines that such organization is not in substan3 tial compliance with the provisions of this title, then

4 the national organization shall pay to the Secretary

5 an amount equal to the corpus of the endowment fund

6 plus any accrued interest on such fund that is avail7 able to the national organization on the date of such

8 determination.

9 ‘‘(b) RETURNED FUNDS.—All funds returned to the

10 Secretary pursuant to subsection (a)(8) shall be available

11 to the Secretary to carry out any scholarship or grant pro12 gram assisted under title IV of the Higher Education Act

13 of 1965.

14 ‘‘SEC. 8946. CONTINUING ELIGIBILITY.

15 ‘‘The national organization shall be eligible to continue

16 to use the interest from the endowment fund in accordance

17 with the provisions of this title in the third and each such

18 succeeding fiscal year in which such organization uses such

19 interest only if the local affiliated chapters associated with

20 all area program centers supported under this part distrib21 ute to students from low-income families 80 percent of the

22 total amount of funds raised by all such chapters in such

23 year.
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1 ‘‘SEC. 8947. AUTHORIZATION OF APPROPRIATIONS.

2 ‘‘There are authorized to be appropriated $10,000,000

3 for fiscal year 1995 to carry out this title.

4 ‘‘TITLE IX—SPECIAL PROGRAMS

5 ‘‘PART A—IMPACT AID

6 ‘‘SEC. 9001. PURPOSE.

7 ‘‘In order to fulfill the Federal responsibility to assist

8 with the provision of educational services to federally con9 nected children, because certain activities of the Federal

10 Government place a financial burden on the local edu11 cational agencies serving areas where such activities are

12 carried out and to help such children meet challenging State

13 standards, it is the purpose of this part to provide financial

14 assistance to local educational agencies that—

15 ‘‘(1) experience a substantial and continuing fi16 nancial burden due to the acquisition of real property

17 by the United States;

18 ‘‘(2) educate children who reside on Federal

19 property and whose parents are employed on Federal

20 property;

21 ‘‘(3) educate children of parents who are in the

22 military services and children who live in low-rent

23 housing;

24 ‘‘(4) experience sudden and substantial increases

25 or decreases in enrollments because of military

26 realignments; or
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1 ‘‘(5) need special assistance with capital expend2 itures for construction activities because of the enroll3 ments of substantial numbers of children who reside

4 on Federal lands.

5 ‘‘SEC. 9002. PAYMENTS RELATING TO FEDERAL ACQUISI6 TION OF REAL PROPERTY.

7 ‘‘(a) IN GENERAL.—Where the Secretary, after con8 sultation with any local educational agency and with the

9 appropriate State educational agency, determines for a fis10 cal year ending prior to October 1, 1999—

11 ‘‘(1) that the United States owns Federal prop12 erty in the local educational agency, and that such

13 property—

14 ‘‘(A) has been acquired by the United States

15 since 1938;

16 ‘‘(B) was not acquired by exchange for other

17 Federal property in the local educational agency

18 which the United States owned before 1939; and

19 ‘‘(C) had an assessed value (determined as

20 of the time or times when so acquired) aggregat21 ing 10 percent or more of the assessed value of—

22 ‘‘(i) all real property in the local edu23 cational agency (similarly determined as of

24 the time or times when such Federal prop25 erty was so acquired); or
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1 ‘‘(ii) all real property in the local edu2 cational agency as assessed in the first year

3 preceding or the year succeeding acquisi4 tion, whichever is greater, only if—

5 ‘‘(I) the assessment of all real

6 property in the local educational agen7 cy is not made at the same time or

8 times that such Federal property was

9 so acquired and assessed; and

10 ‘‘(II) State law requires an assess11 ment be made of property so acquired;

12 and

13 ‘‘(2) that such agency is not being substantially

14 compensated for the loss in revenue resulting from

15 such ownership by increases in revenue accruing to

16 the agency from the conduct of Federal activities with

17 respect to such Federal property,

18 then the local educational agency shall be eligible to receive

19 for such fiscal year such amount as, in the judgment of the

20 Secretary, is equal to the continuing Federal responsibility

21 for the additional financial burden with respect to current

22 expenditures placed on such agency by such acquisition of

23 property.

24 ‘‘(b) AMOUNT.—
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1 ‘‘(1) IN GENERAL.—(A)(i) The amount that a

2 local educational agency shall be paid under sub3 section (a) for a fiscal year shall be calculated in ac4 cordance with paragraph (2), except that such

5 amount shall be reduced by the Secretary by an

6 amount equal to the amount of revenue, if any, that

7 such agency received during the previous fiscal year

8 from activities conducted on such property.

9 ‘‘(ii) For purposes of clause (i), the amount of

10 revenue that a local educational agency receives dur11 ing the previous fiscal year from activities conducted

12 on Federal property shall not include payments re13 ceived by the agency from the Secretary of Defense to

14 support—

15 ‘‘(I) the operation of a domestic dependent

16 elementary or secondary school; or

17 ‘‘(II) the provision of a free public edu18 cation to dependents of members of the Armed

19 Forces residing on or near a military installa20 tion.

21 ‘‘(B) If funds appropriated under section

22 9014(a) are insufficient to pay the amount deter23 mined under subparagraph (A), the Secretary shall

24 ratably reduce the payment to each eligible local edu25 cational agency.
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1 ‘‘(C) Notwithstanding any other provision of this

2 subsection, a local educational agency may not be

3 paid an amount under this section that when added

4 to the amount such agency receives under section

5 9003(b)(2) exceeds the maximum amount that such

6 agency is eligible to receive for such fiscal year under

7 section 9003(b)(1)(C).

8 ‘‘(2) APPLICATION OF CURRENT LEVIED REAL

9 PROPERTY TAX RATE.—In making a determination of

10 the amount that would have been derived in such year

11 under paragraph (1)(A), the Secretary shall apply the

12 current levied real property tax rate for current ex13 penditures levied by fiscally independent local edu14 cational agencies or imputed, for fiscally dependent

15 local educational agencies, to the current annually de16 termined aggregate assessed value of such acquired

17 Federal property.

18 ‘‘(3) DETERMINATION OF AGGREGATE ASSESSED

19 VALUE.—Such aggregate assessed value of such ac20 quired Federal property shall be determined (on the

21 basis of the highest and best use of property adjacent

22 to such acquired Federal property as of the time such

23 value is determined), and provided to the Secretary,

24 by the local official responsible for assessing the value

25 of real property located in the jurisdiction of such
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1 local educational agency for the purpose of levying a

2 property tax.

3 ‘‘(c) APPLICABILITY TO TENNESSEE VALLEY AUTHOR4 ITY ACT.—For the purposes of this section, any real prop5 erty with respect to which payments are being made under

6 section 13 of the Tennessee Valley Authority Act of 1933

7 shall not be regarded as Federal property.

8 ‘‘(d) OWNERSHIP BY UNITED STATES.—The United

9 States shall be deemed to own Federal property for the pur10 poses of this Act, where—

11 ‘‘(1) prior to the transfer of Federal property, the

12 United States owned Federal property meeting the re13 quirements of subparagraphs (A), (B), and (C) of sub14 section (a)(1); and

15 ‘‘(2) the United States transfers a portion of the

16 property referred to in paragraph (1) to another non17 taxable entity, and the United States—

18 ‘‘(A) restricts some or any construction on

19 such property;

20 ‘‘(B) requires that the property be used in

21 perpetuity for the public purposes for which the

22 property was conveyed;

23 ‘‘(C) requires the grantee of the property to

24 report to the Federal Government (or its agent)

25 regarding information on the use of the property;
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1 ‘‘(D) except with the approval of the Fed2 eral Government (or its agent), prohibits the

3 sale, lease, assignment, or other disposal of the

4 property unless such sale, lease, assignment, or

5 other disposal is to another eligible government

6 agency; and

7 ‘‘(E) reserves to the Federal Government a

8 right of reversion at any time the Federal Gov9 ernment (or its agent) deems it necessary for the

10 national defense.

11 ‘‘(e) DISTRICT CONTAINING FOREST SERVICE LAND

12 AND SERVING CERTAIN COUNTIES.—Beginning with fiscal

13 year 1995, a school district shall be deemed to meet the re14 quirements of subsection (a)(1)(C) if such school district

15 meets the following requirements:

16 ‘‘(1) The school district contains between 20,000

17 and 60,000 acres of land that has been acquired by

18 the Forest Service of the Department of Agriculture

19 between 1915 and 1990, as demonstrated by written

20 evidence from the Forest Service satisfactory to the

21 Secretary.

22 ‘‘(2) The school district serves a county certified

23 by State law in 1875 or 1890.

24 ‘‘(f) SPECIAL RULE.—Beginning with fiscal year

25 1994, and notwithstanding any other provision of law lim-
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1 iting the period during which fiscal year 1994 funds may

2 be obligated, the Secretary of Education shall treat the local

3 educational agency serving the Wheatland R–II School Dis4 trict, Wheatland, Missouri, as meeting the eligibility re5 quirements of section 2(a)(1)(C) of the Act of September 30,

6 1950 (Public Law 874, 81st Congress) (20 U.S.C.

7 237(a)(1)(C)) or section 9003(a)(1)(C) of the Elementary

8 and Secondary Education Act of 1965.

9 ‘‘SEC. 9003. PAYMENTS FOR ELIGIBLE FEDERALLY CON10 NECTED CHILDREN.

11 ‘‘(a) COMPUTATION OF PAYMENT.—

12 ‘‘(1) IN GENERAL.—For the purpose of comput13 ing the amount that a local educational agency is eli14 gible to receive under subsection (b), (d), or (f) for

15 any fiscal year, the Secretary shall determine the

16 number of children who were in average daily attend17 ance in the schools of such agency, and for whom such

18 agency provided free public education, during the pre19 ceding school year and who, while in attendance at

20 such schools—

21 ‘‘(A)(i) resided on Federal property with a

22 parent employed on Federal property situated in

23 whole or in part within the boundaries of the

24 school district of such agency; or
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1 ‘‘(ii) resided on Federal property with a

2 parent who is an official of, and accredited by,

3 a foreign government and is a foreign military

4 officer;

5 ‘‘(B) resided on Federal property and had

6 a parent on active duty in the uniformed serv7 ices (as defined in section 101 of title 37, United

8 States Code);

9 ‘‘(C) resided on Indian lands;

10 ‘‘(D)(i) had a parent on active duty in the

11 uniformed services (as defined by section 101 of

12 title 37, United States Code) but did not reside

13 on Federal property; or

14 ‘‘(ii) had a parent who is an official of, and

15 has been accredited by, a foreign government and

16 is a foreign military officer but did not reside on

17 Federal property;

18 ‘‘(E) resided in low-rent housing;

19 ‘‘(F) resided on Federal property and is not

20 described in subparagraph (A) or (B); or

21 ‘‘(G) resided with a parent employed on

22 Federal property situated—

23 ‘‘(i) in whole or in part in the county

24 in which the school district of such agency

25 is located, or in whole or in part in the
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1 school district of such agency if the school

2 district is located in more than one county;

3 or

4 ‘‘(ii) if not in such county or district,

5 in whole or in part in the same State as the

6 school district of such agency.

7 ‘‘(2) DETERMINATION OF WEIGHTED STUDENT

8 UNITS.—For purposes of computing the basic support

9 payment under subsection (b), the Secretary shall cal10 culate the total number of weighted student units for

11 a local educational agency by adding together the re12 sults obtained by the following computations:

13 ‘‘(A) Multiply the number of children de14 scribed in subparagraphs (A) and (B) of para15 graph (1) by a factor of 1.0.

16 ‘‘(B) Multiply the number of children de17 scribed in paragraph (1)(C) by a factor of 1.25.

18 ‘‘(C) Multiply the number of children de19 scribed in subparagraphs (D) and (E) of para20 graph (1) by a factor of .10.

21 ‘‘(D) Multiply the number of children de22 scribed in subparagraphs (F) and (G) of para23 graph (1) by a factor of .05.
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1 ‘‘(b) BASIC SUPPORT PAYMENTS AND PAYMENTS WITH

2 RESPECT TO FISCAL YEARS IN WHICH INSUFFICIENT

3 FUNDS ARE APPROPRIATED.—

4 ‘‘(1) BASIC SUPPORT PAYMENTS.—

5 ‘‘(A) IN GENERAL.—From the amount ap6 propriated under section 9014(b) for a fiscal

7 year, the Secretary is authorized to make basic

8 support payments to eligible local educational

9 agencies with children described under subsection

10 (a).

11 ‘‘(B) ELIGIBILITY.—A local educational

12 agency shall be eligible to receive a basic support

13 payment under subparagraph (A) for a fiscal

14 year with respect to a number of children deter15 mined under subsection (a) only if the number

16 of children so determined with respect to such

17 agency amounts to the lesser of—

18 ‘‘(i) at least 400 such children; or

19 ‘‘(ii) a number of such children which

20 equals at least 3 percent of the total number

21 of children who were in average daily at22 tendance, during such year, at the schools of

23 such agency and for whom such agency pro24 vided free public education.
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1 ‘‘(C) MAXIMUM AMOUNT.—The maximum

2 amount that a local educational agency is eligi3 ble to receive under this subsection for any fiscal

4 year is the sum of the total weighted student

5 units, as computed under subsection (a)(2), mul6 tiplied by the greater of—

7 ‘‘(i) one-half of the average per pupil

8 expenditure of the State in which the local

9 educational agency is located for the third

10 fiscal year preceding the fiscal year for

11 which the determination is made;

12 ‘‘(ii) one-half of the average per pupil

13 expenditures of all of the States for the third

14 fiscal year preceding the fiscal year for

15 which the determination is made;

16 ‘‘(iii) the comparable local contribution

17 rate certified by the State, as determined

18 under regulations prescribed to carry out

19 the Act of September 30, 1950 (Public Law

20 874, 81st Congress), as such regulations

21 were in effect on January 1, 1994; or

22 ‘‘(iv) the average per pupil expenditure

23 of the State in which the local educational

24 agency is located, multiplied by the local

25 contribution percentage.
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1 ‘‘(2) PAYMENTS WITH RESPECT TO FISCAL YEARS

2 IN WHICH INSUFFICIENT FUNDS ARE APPRO3 PRIATED.—

4 ‘‘(A) IN GENERAL.—For any fiscal year in

5 which the sums appropriated under section

6 9014(b) are insufficient to pay to each local edu7 cational agency the full amount computed under

8 paragraph (1), the Secretary shall make pay9 ments in accordance with this paragraph.

10 ‘‘(B) LEARNING OPPORTUNITY THRESHOLD

11 PAYMENTS.—(i) For fiscal years described in

12 subparagraph (A), the Secretary shall compute a

13 learning opportunity threshold payment (here14 after in this title referred to as the ‘threshold

15 payment’) by multiplying the amount obtained

16 under paragraph (1)(C) by the total percentage

17 obtained by adding—

18 ‘‘(I) the percentage of federally con19 nected children for each local educational

20 agency determined by calculating the frac21 tion, the numerator of which is the total

22 number of children described under sub23 section (a)(1) and the denominator of which

24 is the total number of children in average
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1 daily attendance at the schools served by

2 such agency; and

3 ‘‘(II) the percentage that funds under

4 paragraph (1)(C) represent of the total

5 budget of the local educational agency, de6 termined by calculating the fraction, the

7 numerator of which is the total amount of

8 funds calculated for each local educational

9 agency under this subsection (not including

10 amounts received under subsection (f)), and

11 the denominator of which is the total cur12 rent expenditures for such agency in the sec13 ond preceding fiscal year for which the de14 termination is made.

15 ‘‘(ii) Such total percentage used to calculate

16 threshold payments under paragraph (1) shall

17 not exceed 100.

18 ‘‘(iii) For the purpose of determining the

19 percentages described in subclauses (I) and (II)

20 of clause (i) that are applicable to the local edu21 cational agency providing free public education

22 to students in grades 9 through 12 residing on

23 Hanscom Air Force Base, Massachusetts, the

24 Secretary shall consider only that portion of such

25 agency’s total enrollment of students in grades 9
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1 through 12 when calculating the percentage

2 under such subclause (I) and only that portion

3 of the total current expenditures attributed to the

4 operation of grades 9 through 12 in such agency

5 when calculating the percentage under subclause

6 (II).

7 ‘‘(C) RATABLE DISTRIBUTION.—For fiscal

8 years described in subparagraph (A), the Sec9 retary shall make payments as a ratable dis10 tribution based upon the computation made

11 under subparagraph (B).

12 ‘‘(c) PRIOR YEAR DATA.—All calculations under this

13 section shall be based upon data for each local educational

14 agency from not later than the first fiscal year preceding

15 the fiscal year for which the agency is making application

16 for payment.

17 ‘‘(d) CHILDREN WITH DISABILITIES.—

18 ‘‘(1) IN GENERAL.—From the amount appro19 priated under section 9014(c) for a fiscal year, the

20 Secretary shall pay to each eligible local educational

21 agency, on a pro rata basis, the amounts determined

22 by—

23 ‘‘(A) multiplying the number of children de24 scribed in subparagraphs (A)(ii), (B) and (C) of

25 subsection (a)(1) who are eligible to receive serv-
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1 ices under the Individuals with Disabilities Edu2 cation Act by a factor of 1.0; and

3 ‘‘(B) multiplying the number of children de4 scribed in subparagraph (D) of subsection (a)(1)

5 who are eligible to receive services under such

6 Act by a factor of 0.5.

7 ‘‘(2) USE OF FUNDS.—A local educational agen8 cy that receives funds under paragraph (1) shall use

9 such funds to provide a free appropriate public edu10 cation to children described in paragraph (1) in ac11 cordance with the Individuals with Disabilities Edu12 cation Act.

13 ‘‘(e) HOLD-HARMLESS AMOUNTS.—

14 ‘‘(1) IN GENERAL.—Except as provided in para15 graph (3), the total amount that the Secretary shall

16 pay a local educational agency under subsection (b)

17 shall not be less than 95 percent of the amount such

18 agency received for the preceding fiscal year—

19 ‘‘(A) in the case of fiscal year 1995 only,

20 under section 3 of the Act of September 30, 1950

21 (Public Law 874, 81st Congress); or

22 ‘‘(B) in the case of fiscal years 1996, 1997,

23 1998, or 1999, under such subsection (b).

24 ‘‘(2) TWO-YEAR APPLICABILITY.—The provisions

25 of paragraph (1) shall apply to any one local edu-
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1 cational agency for a maximum of two consecutive

2 fiscal years, except that in the second such year the

3 total amount the Secretary shall pay a local edu4 cational agency under subsection (b) shall not be less

5 than 85 percent of the amount such agency received

6 under such subsection in the preceding fiscal year.

7 ‘‘(3) RATABLE REDUCTIONS.—(A)(i) If necessary

8 in order to make payments to local educational agen9 cies in accordance with paragraph (1), the Secretary

10 first shall ratably reduce payments under subsection

11 (b) to local educational agencies that do not receive

12 a payment under this subsection.

13 ‘‘(ii) If additional funds become available for

14 making payments under paragraph (1) for such fiscal

15 year, payments that were reduced under clause (i)

16 shall be increased on the same basis as such payments

17 were reduced.

18 ‘‘(B)(i) If the sums made available under this

19 part for any fiscal year are insufficient to pay the

20 full amounts that all local educational agencies in all

21 States are eligible to receive under paragraphs (1)

22 and (2) after the application of subparagraph (A) for

23 such year, the Secretary shall ratably reduce pay24 ments to all such agencies for such year.
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1 ‘‘(ii) If additional funds become available for

2 making payments under paragraphs (1) and (2) for

3 such fiscal year, payments that were reduced under

4 clause (i) shall be increased on the same basis as such

5 payments were reduced.

6 ‘‘(f) ADDITIONAL ASSISTANCE FOR HEAVILY IMPACTED

7 LOCAL EDUCATIONAL AGENCIES.—

8 ‘‘(1) RESERVATION.—From amounts appro9 priated under section 9014(b) for a fiscal year, the

10 Secretary shall provide additional assistance to meet

11 special circumstances relating to the provision of edu12 cation in local educational agencies eligible to receive

13 assistance under this section.

14 ‘‘(2) ELIGIBILITY.—(A) A local educational

15 agency shall be eligible to receive additional assist16 ance under this subsection only if such agency—

17 ‘‘(i)(I) has an enrollment of federally con18 nected children described in subsection (a)(1)

19 which constitutes at least 50 percent of the total

20 student enrollment of such agency; and

21 ‘‘(II) has a tax rate for general fund pur22 poses which is at least 95 percent of the average

23 tax rate for general fund purposes of comparable

24 local educational agencies in the State;
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1 ‘‘(ii)(I) has an enrollment of federally con2 nected children described in subsection (a)(1)

3 which constitutes at least 35 percent of the total

4 student enrollment of such agency; and

5 ‘‘(II) has a tax rate for general fund pur6 poses which is at least 125 percent of the average

7 tax rate for general fund purposes of comparable

8 local educational agencies in the State; or

9 ‘‘(iii) is a local educational agency whose

10 boundaries are the same as a Federal military

11 installation.

12 ‘‘(B) If the current expenditures in those local

13 educational agencies which the Secretary has deter14 mined to be generally comparable to the local edu15 cational agency for which a computation is made

16 under subsection (b)(1)(C) are not reasonably com17 parable because of unusual geographical factors which

18 affect the current expenditures necessary to maintain,

19 in such agency, a level of education equivalent to that

20 maintained in such other agencies, then the Secretary

21 shall increase the local contribution rate for such

22 agency by such an amount which the Secretary deter23 mines will compensate such agency for the increase in

24 current expenditures necessitated by such unusual

25 geographical factors. The amount of any such supple-
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1 mentary payment may not exceed the per-pupil share

2 (computed with regard to all children in average

3 daily attendance), as determined by the Secretary, of

4 the increased current expenditures necessitated by

5 such unusual geographic factors.

6 ‘‘(C) Any local educational agency determined

7 eligible under clause (iii) of subparagraph (A) shall

8 be deemed to have met the tax efforts requirements for

9 eligibility under clause (i)(II) or (ii)(II) of such sub10 paragraph.

11 ‘‘(3) MAXIMUM PAYMENTS.—

12 ‘‘(A) IN GENERAL.—Subject to subpara13 graph (B), the Secretary shall determine the

14 maximum amount that a local educational agen15 cy may receive under this subsection in accord16 ance with the following computations:

17 ‘‘(i) The Secretary shall first determine

18 the greater of—

19 ‘‘(I) the average per pupil expend20 iture of the State in which the local

21 educational agency is located;

22 ‘‘(II) the average per pupil ex23 penditure of generally comparable

24 school districts located in the State of

25 the local educational agency, as defined
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1 in regulations issued by the Secretary;

2 or

3 ‘‘(III) the average per pupil ex4 penditure of three generally com5 parable school districts located in the

6 State of the local educational agency,

7 as defined in regulations issued by the

8 Secretary.

9 ‘‘(ii) The Secretary shall next subtract

10 from the amount determined under clause

11 (i) the total amount of general fund reve12 nues received by the local educational agen13 cy from any general fund source per pupil,

14 other than revenues provided under this

15 subsection.

16 ‘‘(iii) The Secretary shall next mul17 tiply the amount determined under clause

18 (ii) by the total number of students in aver19 age daily attendance of the local edu20 cational agency.

21 ‘‘(iv) If the tax rate used by the local

22 educational agency is greater than 95 per23 cent, but less than 100 percent, of the tax

24 rate of comparable school districts, the Sec25 retary shall next multiply the amount deter-
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1 mined under clause (iii) by the percentage

2 that the tax rate of the local educational

3 agency is of—

4 ‘‘(I) the average tax rate of its

5 generally comparable school districts;

6 or

7 ‘‘(II) the average tax rate of all

8 the school districts in the State in

9 which the local educational agency is

10 located.

11 ‘‘(v) The Secretary shall next subtract

12 the total amount of payments received by a

13 local educational agency under subsections

14 (b) and (d) for a fiscal year from the

15 amount determined under clause (iii) or

16 clause (iv), as the case may be.

17 ‘‘(B) SPECIAL RULE.—(i) With respect to

18 payments under this subsection for a local edu19 cational agency described in clause (ii) or (iii)

20 of paragraph (2)(A), the maximum amount of

21 such payments shall be computed by taking the

22 product of the average per pupil expenditure in

23 all States multiplied by .7, except that such

24 amount may not exceed 125 percent of the aver25 age per pupil expenditure in all local edu-
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1 cational agencies in the State, and multiplying

2 such product by the number of students who are

3 served by such local educational agency and de4 scribed in subparagraph (A) or (B) of subsection

5 (a)(1).

6 ‘‘(ii) The payment under this subsection

7 that a local educational agency described in

8 clauses (ii) and (iii) of paragraph (2)(A) shall

9 receive in any fiscal year shall be equal to the

10 maximum amount described in clause (i) minus

11 the amount of payments such agency receives

12 under subsections (b) and (d) for such year.

13 ‘‘(4) CURRENT YEAR DATA.—The Secretary shall,

14 for purposes of providing assistance under this sub15 section, use—

16 ‘‘(A) student and revenue data from the fis17 cal year for which the local educational agency

18 is applying for assistance under this subsection;

19 and

20 ‘‘(B) the most recent data available on per21 pupil cost adjusted to reflect per-pupil cost made

22 current by increasing or decreasing the per-pupil

23 expenditure data for the second fiscal year pre24 ceding the fiscal year for which the determina25 tion is made by the same percentage increase or
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1 decrease reflected between the per-pupil expendi2 ture data for the fourth fiscal year preceding the

3 fiscal year for which the determination is made

4 and the per-pupil expenditure data for such sec5 ond year.

6 ‘‘(5) DETERMINATION FOR FISCAL YEAR 1994.—

7 Notwithstanding the proviso referring to section

8 3(d)(2)(B) of Public Law 81–874 under the following

9 heading ‘‘IMPACT AID’’ under title III of the De10 partments of Labor, Health and Human services and

11 Education, and Related Agencies Appropriations Act

12 of 1994, or any provision of paragraph (2) of section

13 3(d) of such Public Law which is consistent with this

14 proviso, determinations regarding the eligibility for

15 an amount of payments under section 3(d)(2)(B) of

16 such Public Law for fiscal year 1994 shall be made

17 on the basis of 1994 data, and related Department

18 regulations in effect during fiscal year 1992 shall be

19 used in the tabulation of payments.

20 ‘‘(6) REDUCTION IN PAYMENTS.—If funds appro21 priated to carry out this subsection are insufficient to

22 pay in full the amounts determined under paragraph

23 (3), the Secretary shall ratably reduce the payment to

24 each eligible local educational agency.
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1 ‘‘(g) ADDITIONAL PAYMENTS FOR LOCAL EDU2 CATIONAL AGENCIES WITH HIGH CONCENTRATIONS OF

3 CHILDREN WITH SEVERE DISABILITIES.—

4 ‘‘(1) IN GENERAL.—If any local educational

5 agency receives Federal funds from sources other than

6 this part to carry out the purposes of this part for

7 any fiscal year due to the enrollment of children de8 scribed under subsection (a), then the Secretary shall

9 consider such funds as a payment to such agency

10 under this part for such fiscal year.

11 ‘‘(2) SPECIAL RULE.—Notwithstanding any

12 other provision of law, if funds appropriated pursu13 ant to section 9014(b) for payments under subsection

14 (b) to such agency for a fiscal year which when added

15 to the funds described in paragraph (1) received by

16 such agency for such fiscal year exceed the maximum

17 amount described under subsection (b)(1)(C), then the

18 Secretary shall make available from the funds appro19 priated under section 9014(b) for such fiscal year

20 such excess amounts to any local educational agency

21 serving two or more children described under sub22 paragraph (B) or (D) of section 9003(a)(1) who have

23 a severe disability and a parent serving in the uni24 formed services (as defined by section 101 of title 37,

25 United States Code) and assigned to a particular per-
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1 manent duty station for compassionate reasons (com2 passionate post assignment) for the total costs associ3 ated with such children who are provided an edu4 cational program provided outside the schools of such

5 agency.

6 ‘‘(3) REMAINING FUNDS.—If funds remain after

7 payments are made under paragraph (2) for any fis8 cal year, then such remaining funds shall be made

9 available for expenditures under subsection (d) in

10 such fiscal year on a pro rata basis consistent with

11 the requirements of such subsection.

12 ‘‘(4) RATABLE REDUCTIONS.—If amounts avail13 able to carry out paragraph (2) for any fiscal year

14 are insufficient to pay in full the total payment that

15 all eligible local educational agencies are eligible to

16 receive under such paragraph for such year, then the

17 Secretary shall ratably reduce such payments to such

18 agencies for such year.

19 ‘‘(h) OTHER FUNDS.—Notwithstanding any other pro20 vision of law, a local educational agency receiving funds

21 under this section may also receive funds under section 6

22 of the Act of September 30, 1950 (Public Law 874, 81st

23 Congress) or such section’s successor authority.

24 ‘‘(i) MAINTENANCE OF EFFORT.—A local educational

25 agency may receive funds under this part for any fiscal
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1 year only if the State educational agency finds that either

2 the combined fiscal effort per student or the aggregate ex3 penditures of that agency and the State with respect to the

4 provision of free public education by that agency for the

5 preceding fiscal year was not less than 90 percent of such

6 combined fiscal effort or aggregate expenditures for the sec7 ond preceding fiscal year.

8 ‘‘SEC. 9004. POLICIES AND PROCEDURES RELATING TO

9 CHILDREN RESIDING ON INDIAN LANDS.

10 ‘‘(a) IN GENERAL.—A local educational agency that

11 claims children residing on Indian lands for the purpose

12 of receiving funds under section 9003 shall establish policies

13 and procedures to ensure that—

14 ‘‘(1) such children participate in programs and

15 activities supported by such funds on an equal basis

16 with all other children;

17 ‘‘(2) parents of such children and Indian tribes

18 are afforded an opportunity to present their views on

19 such programs and activities, including an oppor20 tunity to make recommendations on the needs of those

21 children and how the local educational agency may

22 help such children realize the benefits of such pro23 grams and activities;
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1 ‘‘(3) parents and Indian tribes are consulted and

2 involved in planning and developing such programs

3 and activities;

4 ‘‘(4) relevant applications, evaluations, and pro5 gram plans are disseminated to the parents and In6 dian tribes; and

7 ‘‘(5) parents and Indian tribes are afforded an

8 opportunity to present their views to such agency re9 garding such agency’s general educational program.

10 ‘‘(b) RECORDS.—A local educational agency that

11 claims children residing on Indian lands for the purpose

12 of receiving funds under section 9003 shall maintain

13 records demonstrating such agency’s compliance with re14 quirements contained in subsection (a).

15 ‘‘(c) WAIVER.—A local educational agency that claims

16 children residing on Indian lands for the purpose of receiv17 ing funds under section 9003 shall not be required to com18 ply with the requirements of subsections (a) and (b) for any

19 fiscal year with respect to any Indian tribe from which such

20 agency has received a written statement that the agency

21 need not comply with those subsections because the tribe is

22 satisfied with the provision of educational services by such

23 agency to such children.

24 ‘‘(d) TECHNICAL ASSISTANCE AND ENFORCEMENT.—

25 The Secretary shall—
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1 ‘‘(1) provide technical assistance to local edu2 cational agencies, parents, and Indian tribes to en3 able such agencies, parents, and tribes to carry out

4 this section; and

5 ‘‘(2) enforce this section through such actions,

6 which may include the withholding of funds, as the

7 Secretary determines to be appropriate, after afford8 ing the affected local educational agency, parents, and

9 Indian tribe an opportunity to present their views.

10 ‘‘(e) COMPLAINTS.—

11 ‘‘(1) IN GENERAL.—(A) Any tribe, or its des12 ignee, which has students in attendance at a local

13 educational agency may, in its discretion and with14 out regard to the requirements of any other provision

15 of law, file a written complaint with the Secretary re16 garding any action of a local educational agency

17 taken pursuant to, or relevant to, the requirements of

18 this section.

19 ‘‘(B) Within ten working days from receipt of a

20 complaint, the Secretary shall—

21 ‘‘(i) designate a time and place for a hear22 ing into the matters relating to the complaint at

23 a location in close proximity to the local edu24 cational agency involved, or if the Secretary de25 termines there is good cause, at some other loca-
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1 tion convenient to both the tribe, or its designee,

2 and the local educational agency;

3 ‘‘(ii) designate a hearing examiner to con4 duct the hearing; and

5 ‘‘(iii) notify the affected tribe or tribes and

6 the local educational agency involved of the time,

7 place, and nature of the hearing and send copies

8 of the complaint to the local educational agency

9 and the affected tribe or tribes.

10 ‘‘(2) HEARING.—The hearing shall be held with11 in 30 days of the designation of a hearing examiner

12 and shall be open to the public. A record of the pro13 ceedings shall be established and maintained.

14 ‘‘(3) EVIDENCE; RECOMMENDATIONS; COST.—The

15 complaining tribe, or its designee, and the local edu16 cational agency shall be entitled to present evidence

17 on matters relevant to the complaint and to make rec18 ommendations concerning the appropriate remedial

19 actions. Each party to the hearing shall bear only its

20 own costs in the proceedings.

21 ‘‘(4) FINDINGS AND RECOMMENDATIONS.—With22 in 30 days of the completion of the hearing, the hear23 ing examiner shall, on the basis of the record, make

24 written findings of fact and recommendations con25 cerning appropriate remedial action, if any, which
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1 should be taken. The hearing examiner’s findings and

2 recommendations, along with the hearing record, shall

3 be forwarded to the Secretary.

4 ‘‘(5) WRITTEN DETERMINATION.—Within 30

5 days of his receipt of the findings, recommendations,

6 and record, the Secretary shall, on the basis of the

7 record, make a written determination of the appro8 priate remedial action, if any, to be taken by the local

9 educational agency, the schedule for completion of the

10 remedial action, and the reasons for the Secretary’s

11 decision.

12 ‘‘(6) COPIES PROVIDED.—Upon completion of his

13 final determination, the Secretary shall provide the

14 complaining tribe, or its designee, and the local edu15 cational agency with copies of the hearing record, the

16 hearing examiner’s findings and recommendations,

17 and the Secretary’s final determination. The final de18 termination of the Secretary shall be subject to judi19 cial review.

20 ‘‘(7) CONSOLIDATION.—In all actions under this

21 subparagraph, the Secretary shall have discretion to

22 consolidate complaints involving the same tribe or

23 local educational agency.

24 ‘‘(8) WITHHOLDING.—If the local educational

25 agency rejects the determination of the Secretary, or
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1 if the remedy required is not undertaken within the

2 time established and the Secretary determines that an

3 extension of the time established will not effectively

4 encourage the remedy required, the Secretary shall

5 withhold payment of all moneys to which such local

6 agency is eligible under section 9003 until such time

7 as the remedy required is undertaken, except where

8 the complaining tribe or its designee formally requests

9 that such funds be released to the local educational

10 agency, except that the Secretary may not withhold

11 such moneys during the course of the school year if

12 the Secretary determines that such withholding would

13 substantially disrupt the educational programs of the

14 local educational agency.

15 ‘‘(9) REJECTION OF DETERMINATION.—If the

16 local educational agency rejects the determination of

17 the Secretary and a tribe exercises the option under

18 section 1101(d) of the Education Amendments of

19 1978, to have education services provided either di20 rectly by the Bureau of Indian Affairs or by contract

21 with the Bureau of Indian Affairs, any Indian stu22 dents affiliated with that tribe who wish to remain in

23 attendance at the local educational agency against

24 whom the complaint which led to the tribal action

25 under such subsection (d) was lodged may be counted
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1 with respect to that local educational agency for the

2 purpose of receiving funds under section 9004. In

3 such event, funds under such section shall not be with4 held pursuant to subparagraph (D) and no further

5 complaints with respect to such students may be filed

6 under subparagraph (C)(i).

7 ‘‘(f) CONSTRUCTION.—This section is based upon the

8 special relationship between the Indian nations and the

9 United States and nothing in this section shall be construed

10 to relieve any State of any duty with respect to any citizens

11 of that State.

12 ‘‘SEC. 9005. APPLICATION FOR PAYMENTS UNDER SECTIONS

13 9002 AND 9003.

14 ‘‘(a) IN GENERAL.—A local educational agency desir15 ing to receive a payment under section 9002 or 9003 shall—

16 ‘‘(1) submit an application for such payment to

17 the Secretary; and

18 ‘‘(2) provide a copy of such application to the

19 State educational agency.

20 ‘‘(b) CONTENTS.—Each such application shall be sub21 mitted in such form and manner, and shall contain such

22 information, as the Secretary may require, including—

23 ‘‘(1) information to determine the eligibility of

24 the local educational agency for a payment and the

25 amount of such payment; and
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1 ‘‘(2) where applicable, an assurance that such

2 agency is in compliance with section 9004 (relating

3 to children residing on Indian lands).

4 ‘‘(c) DEADLINE FOR SUBMISSION.—The Secretary

5 shall establish deadlines for the submission of applications

6 under this section.

7 ‘‘(d) APPROVAL.—

8 ‘‘(1) IN GENERAL.—The Secretary shall approve

9 an application submitted under this section that—

10 ‘‘(A) except as provided in paragraph (2),

11 is filed by the deadline established under sub12 section (c); and

13 ‘‘(B) otherwise meets the requirements of

14 this title.

15 ‘‘(2) REDUCTION IN PAYMENT.—The Secretary

16 shall approve an application filed not more than 60

17 days after a deadline established under subsection (c)

18 that otherwise meets the requirements of this title, ex19 cept that, notwithstanding section 9003(e), the Sec20 retary shall reduce the payment based on such late

21 application by 10 percent of the amount that would

22 otherwise be paid.

23 ‘‘(3) LATE APPLICATIONS.—The Secretary shall

24 not accept or approve any application that is filed
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1 more than 60 days after a deadline established under

2 subsection (c).

3 ‘‘(4) STATE APPLICATION AUTHORITY.—Notwith4 standing any provision of law, a State educational

5 agency that had been accepted as an applicant for

6 funds under section 3 of the Act of September 30,

7 1950 (Public Law 874, 81st Congress) in fiscal year

8 1994 shall be permitted to continue as an applicant

9 under the same conditions by which such agency

10 made application during such fiscal year only if such

11 State educational agency distributes all funds received

12 for the students for which application is being made

13 by such State educational agency to the local edu14 cational agencies providing educational services to

15 such students.

16 ‘‘SEC. 9006. PAYMENTS FOR SUDDEN AND SUBSTANTIAL IN17 CREASES IN ATTENDANCE OF MILITARY DE18 PENDENTS.

19 ‘‘(a) ELIGIBILITY.—A local educational agency is eli20 gible for a payment under this section if—

21 ‘‘(1) the number of children in average daily at22 tendance during the school year for which the deter23 mination is made is at least ten percent or 100 more

24 than the number of children in average daily attend-
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1 ance in the school year preceding the school year for

2 which the determination is made; and

3 ‘‘(2) the number of children in average daily at4 tendance with a parent on active duty (as defined in

5 section 101(18) of title 37, United States Code) in the

6 Armed Forces who are in attendance at such agency

7 because of the assignment of their parent to a new

8 duty station between May 15 and September 30, in9 clusive, of the fiscal year for which the determination

10 is made, as certified by an appropriate local official

11 of the Department of Defense, is at least ten percent

12 or 100 more than the number of children in average

13 daily attendance in the preceding school year.

14 ‘‘(b) APPLICATION.—A local educational agency that

15 wishes to receive a payment under this section shall file an

16 application with the Secretary by October 15 of the school

17 year for which payment is requested, in such manner and

18 containing such information as the Secretary may pre19 scribe, including information demonstrating that such

20 agency is eligible for such a payment.

21 ‘‘(c) CHILDREN TO BE COUNTED.—For each eligible

22 local educational agency that applies for a payment under

23 this section, the Secretary shall determine the lesser of—

24 ‘‘(1) the increase in the number of children in

25 average daily attendance from the school year preced-
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1 ing the fiscal year for which the determination is

2 made; and

3 ‘‘(2) the number of children described in sub4 section (a)(2).

5 ‘‘(d) PAYMENTS.—

6 ‘‘(1) IN GENERAL.—Except as provided in para7 graph (2), from the amount appropriated for a fiscal

8 year under section 9014(d), the Secretary shall pay

9 each local educational agency with an approved ap10 plication an amount equal to one-half of the national

11 average per-pupil expenditure multiplied by the num12 ber of such children determined under subsection (c)

13 for that local educational agency.

14 ‘‘(2) RATABLE REDUCTION.—(A) If the amount

15 appropriated to carry out this section for any fiscal

16 year is insufficient to pay the full payment that all

17 eligible local educational agencies are eligible to re18 ceive under this section for such year, then the Sec19 retary shall ratably reduce the payments to such

20 agencies for such year.

21 ‘‘(B) If additional funds become available for

22 making payments under paragraph (1) for such fiscal

23 year, payments that were reduced under subpara24 graph (A) shall be increased on the same basis as such

25 payments were reduced.
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1 ‘‘(e) NOTIFICATION PROCESS.—

2 ‘‘(1) ESTABLISHMENT.—The Secretary shall es3 tablish, with the Secretary of Defense, a notification

4 process relating to the closure of Department of De5 fense facilities, or the adjustment of personnel levels

6 assigned to such facilities, which may substantially

7 affect the student enrollment levels of local edu8 cational agencies which receive or may receive pay9 ments under this title.

10 ‘‘(2) INFORMATION.—Such process shall provide

11 timely information regarding such closures and such

12 adjustments—

13 ‘‘(A) by the Secretary of Defense to the Sec14 retary; and

15 ‘‘(B) by the Secretary to the affected local

16 educational agencies.

17 ‘‘SEC. 9007. CONSTRUCTION.

18 ‘‘(a) PAYMENTS AUTHORIZED.—From the amount ap19 propriated for each fiscal year under section 9014(e), the

20 Secretary shall make payments to each local educational

21 agency—

22 ‘‘(1) that receives a basic payment under section

23 9003(b); and

24 ‘‘(2)(A) in which the number of children deter25 mined under section 9003(a)(1)(C) constituted at
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1 least 50 percent of the number of children who were

2 in average daily attendance in the schools of such

3 agency during the preceding school year;

4 ‘‘(B) that receives assistance under section

5 9003(f); or

6 ‘‘(C) that receives assistance under section 9006.

7 ‘‘(b) AMOUNT OF PAYMENTS.—The amount of a pay8 ment to each such agency for a fiscal year shall be equal

9 to—

10 ‘‘(1) the amount appropriated under section

11 9014(e) for such year; divided by

12 ‘‘(2) the number of children determined under

13 section 9003(a)(2) for all local educational agencies

14 described in subsection (a), but not including any

15 children attending a school assisted or provided by the

16 Secretary under section 9008 or section 10 of the Act

17 of September 23, 1950 (Public Law 815, 81st Con18 gress) (as such Act was in effect on the day preceding

19 the date of enactment of the Improving America’s

20 Schools Act of 1994); multiplied by

21 ‘‘(3) the number of such children determined for

22 such agency.

23 ‘‘(c) USE OF FUNDS.—Any local educational agency

24 that receives funds under this section shall use such funds

25 for construction, as defined in section 9013(3).
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1 ‘‘(d) SPECIAL RULE.—In carrying out section 14(c)

2 of the Act of September 23, 1950 (Public Law 815, 81st

3 Congress) (20 U.S.C. 644(c)) or any successor authority,

4 the Secretary of Education shall waive any amount of local

5 effort in excess of $200,000 that would otherwise be required

6 under paragraphs (3) and (4) of such section, or any succes7 sor authority, respectively, and any regulations issued

8 thereunder, in awarding funds to the Winona R–III School

9 District, Missouri, with respect to its application #MO–

10 86–C–3601A36.

11 ‘‘SEC. 9008. FACILITIES.

12 ‘‘(a) CURRENT FACILITIES.—From the amount appro13 priated for any fiscal year under section 9014(f), the Sec14 retary may continue to provide assistance for school facili15 ties that were supported by the Secretary under section 10

16 of the Act of September 23, 1950 (Public Law 815, 81st

17 Congress) (as such Act was in effect on the day preceding

18 the date of the enactment of the Improving America’s

19 Schools Act of 1994).

20 ‘‘(b) TRANSFER OF FACILITIES.—

21 ‘‘(1) IN GENERAL.—The Secretary shall, as soon

22 as practicable, transfer to the appropriate local edu23 cational agency or another appropriate entity all the

24 right, title, and interest of the United States in and

25 to each facility provided under section 10 of the Act
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1 of September 23, 1950 (Public Law 815, 81st Con2 gress), or under section 204 or 310 of the Act of Sep3 tember 30, 1950 (Public Law 874, 81st Congress) (as

4 such Acts were in effect on January 1, 1958).

5 ‘‘(2) OTHER REQUIREMENTS.—Any such transfer

6 shall be without charge to such agency or entity, and

7 prior to such transfer, the transfer shall be consented

8 to by the local educational agency or other appro9 priate entity, and may be made on such terms and

10 conditions as the Secretary deems appropriate to

11 carry out the purposes of this title.

12 ‘‘SEC. 9009. TREATMENT OF PAYMENTS BY THE STATES IN

13 DETERMINING ELIGIBILITY FOR, AND THE

14 AMOUNT OF, STATE AID.

15 ‘‘(a) IN GENERAL.—Except as provided in subsection

16 (b), no payments may be made under this title for any fis17 cal year to any local educational agency in any State if—

18 ‘‘(1) such State has taken into consideration

19 payments under this title in determining—

20 ‘‘(A) the eligibility of any local educational

21 agency in that State for State aid for free public

22 education of children; or

23 ‘‘(B) the amount of such aid with respect to

24 any such agency;
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1 during that fiscal year or the preceding fiscal year;

2 or

3 ‘‘(2) such State makes such aid available to local

4 educational agencies in such a manner as to result in

5 less State aid to any local educational agency which

6 is eligible for payments under this title than such

7 agency would receive if such agency were not so eligi8 ble.

9 ‘‘(b) EXCEPTION.—

10 ‘‘(1) IN GENERAL.—Notwithstanding subsection

11 (a), if a State has in effect a program of State aid

12 for free public education for any fiscal year, which is

13 designed to equalize expenditures for free public edu14 cation among the local educational agencies of that

15 State, payments under this title for any fiscal year

16 may be taken into consideration by such State in de17 termining the relative—

18 ‘‘(A) financial resources available to local

19 educational agencies in that State; and

20 ‘‘(B) financial need of such agencies for the

21 provision of free public education for children

22 served by such agency, provided that a State

23 may consider as local resources funds received

24 under this title only in proportion to the share

25 that local tax revenues covered under a State
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1 equalization program are of total local tax reve2 nues.

3 ‘‘(2) SPECIAL RULE.—The portion of payments

4 under sections 9003(b), 9003(d) and 9003(f)(1) for

5 children described in section 9003(a)(1)(C) which are

6 attributable to the difference between the total weight7 ed student units determined under section

8 9003(a)(2)(B) and the total weighted student units

9 determined under section 9003(a)(2)(A), shall not be

10 taken into consideration by the State for the purpose

11 of this subparagraph. Whenever a State educational

12 agency or local educational agency will be adversely

13 affected by the operation of this section, such agency

14 shall be afforded notice and an opportunity for a

15 hearing prior to the reduction or termination of pay16 ments pursuant to this section.

17 ‘‘(3) DEFINITIONS.—The terms ‘State aid’ and

18 ‘equalize expenditures’ as used in this section shall be

19 defined by the Secretary by regulation, after consulta20 tion with State and local educational agencies af21 fected by this section, provided that the term ‘equalize

22 expenditures’ shall not be construed in any manner

23 adverse to a program of State aid for free public edu24 cation which provides for taking into consideration

25 the additional cost of providing free public education
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1 for particular groups or categories of pupils in meet2 ing the special educational needs of such children as

3 disabled children, economically disadvantaged chil4 dren, limited-English proficient children, and gifted

5 and talented children.

6 ‘‘(4) NOTICE AND CERTIFICATION.—(A) If a

7 State desires to take payments under this title into

8 consideration as provided in this subsection for any

9 fiscal year, that State shall, not later than 60 days

10 prior to the beginning of such fiscal year, submit no11 tice to the Secretary of its intention to do so. Such

12 notice shall be in such form and be accompanied by

13 such information as to enable the Secretary to deter14 mine the extent to which the program of State aid of

15 that State is consistent with the provisions of para16 graph (1). In addition, such notice shall be accom17 panied by such evidence as the Secretary finds nec18 essary that each local educational agency in that

19 State has been given notice of the intention of the

20 State. If the Secretary determines that the program of

21 State aid of a State submitting notice under this

22 paragraph is consistent with the provisions of para23 graph (1), the Secretary shall certify such determina24 tion to that State.
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1 ‘‘(B) Prior to certifying any determination

2 under subparagraph (A) for any State for any fiscal

3 year, the Secretary shall give the local educational

4 agencies in that State an opportunity for a hearing

5 at which such agencies may present their views with

6 respect to the consistency of the State aid program of

7 that State with the provisions of paragraph (1).

8 ‘‘(C) The Secretary shall not finally deny to any

9 State for any fiscal year certification of a determina10 tion under subparagraph (A) without first giving that

11 State an opportunity for a hearing.

12 ‘‘(5) REQUIREMENT.—Any State whose program

13 of State aid was certified by the Secretary under

14 paragraph (4) for fiscal year 1988, but whose pro15 gram was determined by the Secretary under para16 graph (4)(A) not to meet the requirements of para17 graph (1) for one or more of the fiscal years 1989

18 through 1992—

19 ‘‘(A) shall be deemed to have met the re20 quirements of paragraph (1) for each of the fiscal

21 years 1989 through 1992; and

22 ‘‘(B) shall not, beginning with fiscal year

23 1993, and notwithstanding any other provision

24 of this paragraph, take payments under this title

25 into consideration as provided under paragraph
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1 (1) for any fiscal year unless the Secretary has

2 previously certified such State’s program for

3 such fiscal year.

4 ‘‘(6) GRANDFATHER CLAUSE.—Notwithstanding

5 any other provision of law, a State shall be deemed

6 to meet the requirements of this subsection if such

7 State—

8 ‘‘(A) met the requirements of section 5(d)(2)

9 of the Act of September 30, 1950 (Public Law

10 874, 81st Congress) on July 1, 1994; and

11 ‘‘(B) continues to meet the requirements of

12 such section 5(d)(2) for each fiscal year for

13 which the determination is made.

14 ‘‘SEC. 9010. FEDERAL ADMINISTRATION.

15 ‘‘(a) PAYMENTS IN WHOLE DOLLAR AMOUNTS.—The

16 Secretary shall round any payments under this title to the

17 nearest whole dollar amount.

18 ‘‘(b) OTHER AGENCIES.—Each Federal agency admin19 istering Federal property on which children reside, and

20 each agency principally responsible for an activity that

21 may occasion assistance under this title, shall, to the maxi22 mum extent practicable, comply with requests of the Sec23 retary for information the Secretary may require to carry

24 out this title.

25 ‘‘(c) SPECIAL RULES.—
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1 ‘‘(1) CERTAIN CHILDREN ELIGIBLE UNDER SUB2 SECTION (a) OR (b) OF SECTION 3 OF PUBLIC LAW 81–

3 874.—Notwithstanding any other provision of law, for

4 any fiscal year before fiscal year 1995, the Secretary

5 shall treat as eligible under subsection (a) or (b) of

6 section 3 of the Act of September 30, 1950 (Public

7 Law 874, 81st Congress), and shall forgive the obliga8 tion of a local educational agency to repay any

9 amounts that such agency received under such section

10 for such fiscal year based on, any child who would be

11 eligible under such subsections except that such child

12 does not meet the requirements of subsection (a)(1)(B)

13 or (b)(2)(B), respectively, of such section 3, if such

14 child meets the requirements of paragraph (3) of this

15 subsection.

16 ‘‘(2) CERTAIN CHILDREN ELIGIBLE UNDER SUB17 PARAGRAPHS (A) AND (G)(ii) OF SECTION 9003(a)(1).—

18 (A) The Secretary shall treat as eligible under sub19 paragraph (A) of section 9003(a)(1) any child who

20 would be eligible under such subparagraph except that

21 the Federal property on which the child resides or on

22 which the child’s parent is employed is not in the

23 same State in which the child attends school, if such

24 child meets the requirements of paragraph (3) of this

25 subsection.
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1 ‘‘(B) The Secretary shall treat as eligible under

2 subparagraph (G) of section 9003(a)(1) any child who

3 would be eligible under such subparagraph except that

4 such child does not meet the requirements of clause

5 (ii) of such subparagraph, if such child meets the re6 quirements of paragraph (3) of this subsection.

7 ‘‘(3) REQUIREMENTS.—A child meets the re8 quirements of this paragraph if on the day preceding

9 the date of enactment—

10 ‘‘(A) such child resides—

11 ‘‘(i) in a State adjacent to the State in

12 which the local educational agency serving

13 the school such child attends is located; or

14 ‘‘(ii) with a parent employed on Fed15 eral property in a State adjacent to the

16 State in which such agency is located;

17 ‘‘(B) the schools of such agency are within

18 a more reasonable commuting distance of such

19 child’s home than the schools of the local edu20 cational agency that serves the school attendance

21 area where such child resides;

22 ‘‘(C) attending the schools of the local edu23 cational agency that serves the school attendance

24 area where such child resides will impose a sub25 stantial hardship on such child; and
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1 ‘‘(D) the State in which such child attends

2 school provides funds for the education of such

3 child on the same basis as all other public school

4 children in the State, unless otherwise permitted

5 under section 5(d)(2) of the Act of September 30,

6 1950 (Public Law 874, 81st Congress) or section

7 9009(b) of this part.

8 ‘‘SEC. 9011. ADMINISTRATIVE HEARINGS AND JUDICIAL RE9 VIEW.

10 ‘‘(a) ADMINISTRATIVE HEARINGS.—A local edu11 cational agency and a State that is adversely affected by

12 any action of the Secretary under this title shall be entitled

13 to a hearing on such action in the same manner as if such

14 agency were a person under chapter 5 of title 5, United

15 States Code.

16 ‘‘(b) JUDICIAL REVIEW OF SECRETARIAL ACTION.—

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

18 or a State aggrieved by the Secretary’s final decision

19 following an agency proceeding under subsection (a)

20 may, within 60 days after receiving notice of such de21 cision, file with the United States court of appeals for

22 the circuit in which such agency or State is located

23 a petition for review of that action. The clerk of the

24 court shall promptly transmit a copy of the petition

25 to the Secretary. The Secretary shall then file in the
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1 court the record of the proceedings on which the Sec2 retary’s action was based, as provided in section 2112

3 of title 28, United States Code.

4 ‘‘(2) FINDINGS OF FACT.—The findings of fact by

5 the Secretary, if supported by substantial evidence,

6 shall be conclusive, but the court, for good cause

7 shown, may remand the case to the Secretary to take

8 further evidence. The Secretary may thereupon make

9 new or modified findings of fact and may modify the

10 Secretary’s previous action, and shall file in the court

11 the record of the further proceedings. Such new or

12 modified findings of fact shall likewise be conclusive

13 if supported by substantial evidence.

14 ‘‘(3) REVIEW.—The court shall have exclusive ju15 risdiction to affirm the action of the Secretary or to

16 set it aside, in whole or in part. The judgment of the

17 court shall be subject to review by the Supreme Court

18 of the United States upon certiorari or certification

19 as provided in section 1254 of title 28, United States

20 Code.

21 ‘‘SEC. 9012. FORGIVENESS OF OVERPAYMENTS.

22 ‘‘Notwithstanding any other provision of law, the Sec23 retary may forgive the obligation of a local educational

24 agency to repay, in whole or in part, the amount of any

25 overpayment received under this title, or under the Act of
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1 September 30, 1950 (Public Law 874, 81st Congress) or the

2 Act of September 23, 1950 (Public Law 815, 81st Congress),

3 if the Secretary determines that the overpayment was made

4 as a result of an error made by—

5 ‘‘(1) the Secretary; or

6 ‘‘(2) the local educational agency and repayment

7 of the full amount of the overpayment will result in

8 an undue financial hardship on the agency and seri9 ously harm the agency’s educational program.

10 ‘‘SEC. 9013. DEFINITIONS.

11 ‘‘For purposes of this title, the following definitions

12 apply:

13 ‘‘(1) ARMED FORCES.—The term ‘Armed Forces’

14 means the Army, Navy, Air Force, and Marine Corps.

15 ‘‘(2) AVERAGE PER PUPIL EXPENDITURE.—The

16 term ‘average per pupil expenditure’ means—

17 ‘‘(A) the aggregate current expenditures of

18 all local educational agencies in the State; di19 vided by

20 ‘‘(B) the total number of children in average

21 daily attendance for whom such agencies pro22 vided free public education.

23 ‘‘(3) CONSTRUCTION.—The term ‘construction’

24 means—
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1 ‘‘(A) the preparation of drawings and speci2 fications for school facilities;

3 ‘‘(B) erecting, building, acquiring, altering,

4 remodeling, repairing, or extending school facili5 ties;

6 ‘‘(C) inspecting and supervising the con7 struction of school facilities; and

8 ‘‘(D) debt service for such activities.

9 ‘‘(4) CURRENT EXPENDITURES.—The term ‘cur10 rent expenditures’ means expenditures for free public

11 education, including expenditures for administration,

12 instruction, attendance and health services, pupil

13 transportation services, operation and maintenance of

14 plant, fixed charges, and net expenditures to cover

15 deficits for food services and student body activities,

16 but does not include expenditures for community serv17 ices, capital outlay, and debt service, or any expendi18 tures made from funds awarded under part A of title

19 I and title XIII. The determination of whether an ex20 penditure for the replacement of equipment is consid21 ered a current expenditure or a capital outlay shall

22 be determined in accordance with generally accepted

23 accounting principles as determined by the State.

24 ‘‘(5) FEDERAL PROPERTY.—
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1 ‘‘(A) IN GENERAL.—Except as provided in

2 subparagraphs (B) through (F), the term ‘Fed3 eral property’ means real property that is not

4 subject to taxation by any State or any political

5 subdivision of a State due to Federal agreement,

6 law, or policy, and that is—

7 ‘‘(i) owned by the United States or

8 leased by the United States from another

9 entity;

10 ‘‘(ii)(I) held in trust by the United

11 States for individual Indians or Indian

12 tribes;

13 ‘‘(II) held by individual Indians or In14 dian tribes subject to restrictions on alien15 ation imposed by the United States;

16 ‘‘(III) conveyed at any time under the

17 Alaska Native Claims Settlement Act to a

18 Native individual, Native group, or village

19 or regional corporation;

20 ‘‘(IV) public land owned by the United

21 States that is designated for the sole use and

22 benefit of individual Indians or Indian

23 tribes; or

24 ‘‘(V) used for low-rent housing, as de25 scribed in paragraph (10) that is located on
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1 land described in subclause (I), (II), (III),

2 or (IV) of this clause or on land that met

3 one of those descriptions immediately before

4 such property’s use for such housing;

5 ‘‘(iii)(I) part of a low-rent housing

6 project assisted under the United States

7 Housing Act of 1937; or

8 ‘‘(II) used to provide housing for home9 less children at closed military installations

10 pursuant to section 501 of the Stewart B.

11 McKinney Homeless Assistance Act; or

12 ‘‘(iv) owned by a foreign government

13 or by an international organization.

14 ‘‘(B) SCHOOLS PROVIDING FLIGHT TRAINING

15 TO MEMBERS OF AIR FORCE.—The term ‘Federal

16 property’ includes, so long as not subject to tax17 ation by any State or any political subdivision

18 of a State, and whether or not that tax exemp19 tion is due to Federal agreement, law, or policy,

20 any school providing flight training to members

21 of the Air Force.

22 ‘‘(C) NON-FEDERAL EASEMENTS, LEASES,

23 LICENSES, PERMITS, IMPROVEMENTS, AND CER24 TAIN OTHER REAL PROPERTY.—The term ‘Fed25 eral property’ includes, whether or not subject to
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1 taxation by a State or a political subdivision of

2 a State—

3 ‘‘(i) any non-Federal easement, lease,

4 license, permit, or other such interest in

5 Federal property as otherwise described in

6 this paragraph, but not including any non7 Federal fee-simple interest;

8 ‘‘(ii) any improvement on Federal

9 property as otherwise described in this

10 paragraph; and

11 ‘‘(iii) real property that, immediately

12 before its sale or transfer to a non-Federal

13 party, was owned by the United States and

14 otherwise qualified as Federal property de15 scribed in this paragraph, but only for one

16 year beyond the end of the fiscal year of

17 such sale or transfer.

18 ‘‘(D) CERTAIN POSTAL SERVICE PROPERTY

19 AND PIPELINES AND UTILITY LINES.—Notwith20 standing any other provision of this paragraph,

21 the term ‘Federal property’ does not include—

22 ‘‘(i) any real property under the juris23 diction of the United States Postal Service

24 that is used primarily for the provision of

25 postal services; or
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1 ‘‘(ii) pipelines and utility lines.

2 ‘‘(E) PROPERTY WITH RESPECT TO WHICH

3 STATE OR LOCAL TAX REVENUES MAY NOT BE

4 EXPENDED, ALLOCATED, OR AVAILABLE FOR

5 FREE PUBLIC EDUCATION.—Notwithstanding

6 any other provision of this paragraph, ‘Federal

7 property’ does not include any property on

8 which children reside that is otherwise described

9 in this paragraph if—

10 ‘‘(i) no tax revenues of the State or of

11 any political subdivision of the State may

12 be expended for the free public education of

13 children who reside on that Federal prop14 erty; or

15 ‘‘(ii) no tax revenues of the State are

16 allocated or available for the free public

17 education of such children.

18 ‘‘(F) PROPERTY LOCATED IN THE STATE OF

19 OKLAHOMA OWNED BY INDIAN HOUSING AUTHOR20 ITY FOR LOW-INCOME HOUSING.—The term ‘Fed21 eral property’ includes any real property located

22 in the State of Oklahoma that—

23 ‘‘(i) is owned by an Indian housing

24 authority and used for low-income housing

25 (including housing assisted under the mu-
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1 tual help ownership opportunity program

2 under section 202 of the United States

3 Housing Act of 1937); and

4 ‘‘(ii) at any time—

5 ‘‘(I) was designated by treaty as

6 tribal land; or

7 ‘‘(II) satisfied the definition of

8 Federal property under section

9 403(1)(A) of the Act of September 30,

10 1950 (Public Law 874, 81st Congress)

11 (as such Act was in existence on the

12 day preceding the date of enactment of

13 the Improving America’s Schools Act of

14 1994).

15 ‘‘(6) FREE PUBLIC EDUCATION.—The term ‘free

16 public education’ means education that is provided—

17 ‘‘(A) at public expense, under public super18 vision and direction, and without tuition charge;

19 and

20 ‘‘(B) as elementary or secondary education,

21 as determined under State law, except that, not22 withstanding State law, such term—

23 ‘‘(i) includes preschool education; and

24 ‘‘(ii) does not include any education

25 provided beyond grade 12.
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1 ‘‘(7) INDIAN LANDS.—The term ‘Indian lands’

2 means any Federal property described in paragraph

3 (5)(A)(ii) or (5)(F).

4 ‘‘(8) LOCAL CONTRIBUTION PERCENTAGE.—

5 ‘‘(A) IN GENERAL.—The term ‘local con6 tribution percentage’ means the percentage of

7 current expenditures in the State derived from

8 local and intermediate sources, as reported to

9 and verified by the National Center for Edu10 cation Statistics.

11 ‘‘(B) HAWAII AND DISTRICT OF COLUM12 BIA.—Notwithstanding subparagraph (A), the

13 local contribution percentage for Hawaii and for

14 the District of Columbia shall be the average

15 local contribution percentage for all States.

16 ‘‘(9) LOCAL EDUCATIONAL AGENCY.—

17 ‘‘(A) IN GENERAL.—Except as provided in

18 subparagraph (B), the term ‘local educational

19 agency’—

20 ‘‘(i) means a board of education or

21 other legally constituted local school author22 ity having administrative control and di23 rection of free public education in a county,

24 township, independent school district, or

25 other school district; and
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1 ‘‘(ii) includes any State agency that

2 directly operates and maintains facilities

3 for providing free public education.

4 ‘‘(B) EXCEPTION.—The term ‘local edu5 cational agency’ does not include any agency or

6 school authority that the Secretary determines on

7 a case-by-case basis—

8 ‘‘(i) was constituted or reconstituted

9 primarily for the purpose of receiving as10 sistance under this title or the Act of Sep11 tember 30, 1950 (Public Law 874, 81st Con12 gress) or increasing the amount of such as13 sistance; or

14 ‘‘(ii) is not constituted or reconstituted

15 for legitimate educational purposes.

16 ‘‘(10) LOW-RENT HOUSING.—The term ‘low-rent

17 housing’ means housing located on property that is

18 described in paragraph (5)(A)(iii).

19 ‘‘(11) REVENUE DERIVED FROM LOCAL

20 SOURCES.—The term ‘revenue derived from local

21 sources’ means—

22 ‘‘(A) revenue produced within the bound23 aries of a local educational agency and available

24 to such agency for such agency’s use; or
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1 ‘‘(B) funds collected by another govern2 mental unit, but distributed back to a local edu3 cational agency in the same proportion as such

4 funds were collected as a local revenue source.

5 ‘‘(12) SCHOOL FACILITIES.—The term ‘school fa6 cilities’ includes—

7 ‘‘(A) classrooms and related facilities; and

8 ‘‘(B) equipment, machinery, and utilities

9 necessary or appropriate for school purposes.

10 ‘‘SEC. 9014. AUTHORIZATION OF APPROPRIATIONS.

11 ‘‘(a) PAYMENTS FOR FEDERAL ACQUISITION OF REAL

12 PROPERTY.—For the purpose of making payments under

13 section 9002, there are authorized to be appropriated

14 $16,750,000 for fiscal year 1995, and such sums as may

15 be necessary for each of the 4 succeeding fiscal years.

16 ‘‘(b) BASIC PAYMENTS; PAYMENTS FOR HEAVILY IM17 PACTED LOCAL EDUCATIONAL AGENCIES.—For the purpose

18 of making payments under subsections (b) and (f) of section

19 9003, there are authorized to be appropriated $775,000,000

20 for fiscal year 1995 and such sums as may be necessary

21 for each of the 4 succeeding fiscal years, of which 6 percent

22 shall be available, until expended, for each fiscal year to

23 carry out section 9003(f).

24 ‘‘(c) PAYMENTS FOR CHILDREN WITH DISABIL25 ITIES.—For the purpose of making payments under section
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1 9003(d), there are authorized to be appropriated

2 $45,000,000 for fiscal year 1995 and such sums as may be

3 necessary for each of the 4 succeeding fiscal years.

4 ‘‘(d) PAYMENTS FOR INCREASES IN MILITARY CHIL5 DREN.—For the purpose of making payments under section

6 9006, there are authorized to be appropriated $2,000,000

7 for fiscal year 1995 and such sums as may be necessary

8 for each of the 4 succeeding fiscal years.

9 ‘‘(e) CONSTRUCTION.—For the purpose of carrying out

10 section 9007, there are authorized to be appropriated

11 $25,000,000 for fiscal year 1995 and such sums as may be

12 necessary for each of the 4 succeeding fiscal years.

13 ‘‘(f) FACILITIES MAINTENANCE.—For the purpose of

14 carrying out section 9008, there are authorized to be appro15 priated $2,000,000 for fiscal year 1995 and such sums as

16 may be necessary for each of the 4 succeeding fiscal years.

17 ‘‘PART B—EMERGENCY IMMIGRANT EDUCATION

18 PROGRAM

19 ‘‘SEC. 9201. FINDINGS; PURPOSE; DEFINITION.

20 ‘‘(a) FINDINGS.—The Congress finds that—

21 ‘‘(1) the education of our Nation’s children and

22 youth is one of the most sacred government respon23 sibilities;

24 ‘‘(2) local educational agencies have struggled to

25 fund adequately education services;
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1 ‘‘(3) in the case of Plyler v. Doe, the Supreme

2 Court held that States have a responsibility under the

3 Equal Protection Clause of the Constitution to edu4 cate all children, regardless of immigration status;

5 and

6 ‘‘(4) immigration policy is solely a responsibility

7 of the Federal Government.

8 ‘‘(b) PURPOSE.—The purpose of this part is to assist

9 eligible local educational agencies that experience unexpect10 edly large increases in their student population due to im11 migration to—

12 ‘‘(1) provide high-quality instruction to immi13 grant children and youth; and

14 ‘‘(2) help such children and youth—

15 ‘‘(A) with their transition into American

16 society; and

17 ‘‘(B) meet the same challenging State per18 formance standards expected of all children and

19 youth.

20 ‘‘(c) DEFINITION.—For the purpose of this subpart, the

21 term ‘immigrant children and youth’ means individuals

22 who—

23 ‘‘(1) are aged three through 21;

24 ‘‘(2) were not born in any State; and
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1 ‘‘(3) have not been attending one or more schools

2 in any one or more States for more than three full

3 academic years.

4 ‘‘SEC. 9202. STATE ADMINISTRATIVE COSTS.

5 ‘‘For any fiscal year, a State educational agency may

6 reserve not more than 1.5 percent of the amount allocated

7 to such agency under section 9204 to pay the costs of per8 forming such agency’s administrative functions under this

9 part.

10 ‘‘SEC. 9203. WITHHOLDING.

11 ‘‘Whenever the Secretary, after reasonable notice and

12 opportunity for a hearing to any State educational agency,

13 finds that there is a failure to meet the requirement of any

14 provision of this part, the Secretary shall notify that agency

15 that further payments will not be made to the agency under

16 this part, or in the discretion of the Secretary, that the

17 State educational agency shall not make further payments

18 under this part to specified local educational agencies whose

19 actions cause or are involved in such failure until the Sec20 retary is satisfied that there is no longer any such failure

21 to comply. Until the Secretary is so satisfied, no further

22 payments shall be made to the State educational agency

23 under this part, or payments by the State educational agen24 cy under this part shall be limited to local educational
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1 agencies whose actions did not cause or were not involved

2 in the failure, as the case may be.

3 ‘‘SEC. 9204. STATE ALLOCATIONS.

4 ‘‘(a) PAYMENTS.—The Secretary shall, in accordance

5 with the provisions of this section, make payments to State

6 educational agencies for each of the fiscal years 1995

7 through 1999 for the purpose set forth in section 9201(b).

8 ‘‘(b) ALLOCATIONS.—

9 ‘‘(1) IN GENERAL.—Except as provided in sub10 sections (c), (d) and (e), of the amount appropriated

11 for each fiscal year for this part, each State partici12 pating in the program assisted under this part shall

13 receive an allocation equal to the proportion of such

14 State’s number of immigrant children and youth who

15 are enrolled in elementary and secondary public

16 schools under the jurisdiction of each local edu17 cational agency described in paragraph (2) within

18 such State, and in elementary and secondary

19 nonpublic schools within the district served by each

20 such local educational agency, relative to the total

21 number of immigrant children and youth so enrolled

22 in all the States participating in the program as23 sisted under this part.

24 ‘‘(2) ELIGIBLE LOCAL EDUCATIONAL AGEN25 CIES.—The local educational agencies referred to in
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1 paragraph (1) are those local educational agencies in

2 which the sum of the number of immigrant children

3 and youth who are enrolled in elementary or second4 ary public schools under the jurisdiction of such agen5 cies, and in elementary or secondary nonpublic

6 schools within the districts served by such agencies,

7 during the fiscal year for which the payments are to

8 be made under this part, is equal to—

9 ‘‘(A) at least 500; or

10 ‘‘(B) at least 3 percent of the total number

11 of students enrolled in such public or nonpublic

12 schools during such fiscal year,

13 whichever number is less.

14 ‘‘(c) DETERMINATIONS OF NUMBER OF CHILDREN AND

15 YOUTH.—

16 ‘‘(1) IN GENERAL.—Determinations by the Sec17 retary under this section for any period with respect

18 to the number of immigrant children and youth shall

19 be made on the basis of data or estimates provided to

20 the Secretary by each State educational agency in ac21 cordance with criteria established by the Secretary,

22 unless the Secretary determines, after notice and op23 portunity for a hearing to the affected State edu24 cational agency, that such data or estimate are clear25 ly erroneous.
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1 ‘‘(2) SPECIAL RULE.—No such determination

2 with respect to the number of immigrant children and

3 youth shall operate because of an underestimate or

4 overestimate to deprive any State educational agency

5 of the allocation under this section that such State

6 would otherwise have received had such determination

7 been made on the basis of accurate data.

8 ‘‘(d) REALLOCATION.—Whenever the Secretary deter9 mines that any amount of a payment made to a State

10 under this part for a fiscal year will not be used by such

11 State for carrying out the purpose for which the payment

12 was made, the Secretary shall make such amount available

13 for carrying out such purpose to one or more other States

14 to the extent the Secretary determines that such other States

15 will be able to use such additional amount for carrying out

16 such purpose. Any amount made available to a State from

17 any appropriation for a fiscal year in accordance with the

18 preceding sentence shall, for purposes of this part, be re19 garded as part of such State’s payment (as determined

20 under subsection (b)) for such year, but shall remain avail21 able until the end of the succeeding fiscal year.

22 ‘‘(e) RESERVATION OF FUNDS.—

23 ‘‘(1) IN GENERAL.—Notwithstanding any other

24 provision of this part, if the amount appropriated to

25 carry out this part exceeds $50,000,000 for a fiscal
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1 year, a State educational agency may reserve not

2 more than 20 percent of such agency’s payment under

3 this part for such year to award grants, on a com4 petitive basis, to local educational agencies within the

5 State as follows:

6 ‘‘(A) At least one-half of such grants shall

7 be made available to eligible local educational

8 agencies (as described in subsection (b)(2)) with9 in the State with the highest numbers and per10 centages of immigrant children and youth.

11 ‘‘(B) Funds reserved under this paragraph

12 and not made available under subparagraph (A)

13 may be distributed to local educational agencies

14 within the State experiencing a sudden influx of

15 immigrant children and youth which are other16 wise not eligible for assistance under this part.

17 ‘‘(2) USE OF GRANT FUNDS.—Each local edu18 cational agency receiving a grant under paragraph

19 (1) shall use such grant funds to carry out the activi20 ties described in section 9207.

21 ‘‘(3) INFORMATION.—Local educational agencies

22 with the highest number of immigrant children and

23 youth receiving funds under paragraph (1) may make

24 information available on serving immigrant children
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1 and youth to local educational agencies in the State

2 with sparse numbers of such children.

3 ‘‘(4) DURATION.—Grants awarded under para4 graph (1) shall be for a period of not more than two

5 years.

6 ‘‘(5) APPLICATIONS.—(A) Each eligible local

7 educational agency desiring a grant under this sub8 section shall submit to the Secretary an application

9 in such form, at such time, and containing such in10 formation and assurances as the Secretary may re11 quire.

12 ‘‘(B) Each such application shall—

13 ‘‘(i) describe—

14 ‘‘(I) the need for the proposed program,

15 including data on the number of immigrant

16 children and youth in the local educational

17 agency to be served and their characteris18 tics, such as language spoken, dropout rates,

19 proficiency in English and the native lan20 guage, and academic standing in relation to

21 their English proficient peers; and

22 ‘‘(II) the program to be implemented

23 and how such program’s design relates to

24 the linguistic and academic needs of the im-
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1 migrant children and youth to be served;

2 and

3 ‘‘(ii) provide an assurance that the appli4 cant will not reduce the level of State and local

5 funds that the applicant expends for instruc6 tional programs for immigrant children and

7 youth if the applicant receives an award under

8 this part.

9 ‘‘SEC. 9205. STATE APPLICATIONS.

10 ‘‘(a) SUBMISSION.—No State educational agency shall

11 receive any payment under this part for any fiscal year

12 unless such agency submits an application to the Secretary

13 at such time, in such manner, and containing or accom14 panied by such information, as the Secretary may reason15 ably require. Each such application shall—

16 ‘‘(1) provide that the educational programs, serv17 ices, and activities for which payments under this

18 part are made will be administered by or under the

19 supervision of the agency;

20 ‘‘(2) provide assurances that payments under

21 this part will be used for purposes set forth in sections

22 9201 and 9207, including a description of how local

23 educational agencies receiving funds under this part

24 will use such funds to meet such purposes, and how
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1 the program designs are consistent with other edu2 cation improvement plans;

3 ‘‘(3) provide an assurance that local educational

4 agencies receiving funds under this part will coordi5 nate the use of such funds with programs assisted

6 under title VII or title I;

7 ‘‘(4) provide assurances that such payments will

8 be distributed among local educational agencies with9 in that State on the basis of the number of immigrant

10 children and youth counted with respect to each such

11 local educational agency under section 9204(b)(1);

12 ‘‘(5) provide assurances that the State edu13 cational agency will not finally disapprove in whole

14 or in part any application for funds received under

15 this part without first affording the local educational

16 agency submitting an application for such funds rea17 sonable notice and opportunity for a hearing;

18 ‘‘(6) provide for making such reports as the Sec19 retary may reasonably require to perform the Sec20 retary’s functions under this part;

21 ‘‘(7) provide assurances—

22 ‘‘(A) that to the extent consistent with the

23 number of immigrant children and youth en24 rolled in the elementary or secondary nonpublic

25 schools within the district served by a local edu-
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1 cational agency, such agency, after consultation

2 with appropriate officials of such schools, shall

3 provide for the benefit of such children and youth

4 secular, neutral, and nonideological services, ma5 terials, and equipment necessary for the edu6 cation of such children and youth;

7 ‘‘(B) that the control of funds provided

8 under this part to any materials, equipment,

9 and property repaired, remodeled, or constructed

10 with those funds shall be in a public agency for

11 the uses and purposes provided in this part, and

12 a public agency shall administer such funds and

13 property; and

14 ‘‘(C) that the provision of services pursuant

15 to this paragraph shall be provided by employees

16 of a public agency or through contract by such

17 public agency with a person, association, agency,

18 or corporation who or which, in the provision of

19 such services, is independent of such elementary

20 or secondary nonpublic school and of any reli21 gious organization, and such employment or con22 tract shall be under the control and supervision

23 of such public agency, and the funds provided

24 under this paragraph shall not be commingled

25 with State or local funds; and
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1 ‘‘(8) provide an assurance that State and local

2 educational agencies receiving funds under this part

3 will comply with the requirements of section 1120(b).

4 ‘‘(b) APPLICATION REVIEW.—

5 ‘‘(1) IN GENERAL.—The Secretary shall review

6 all applications submitted pursuant to this section by

7 State educational agencies.

8 ‘‘(2) APPROVAL.—The Secretary shall approve

9 any application submitted by a State educational

10 agency that meets the requirements of this section.

11 ‘‘(3) DISAPPROVAL.—The Secretary shall dis12 approve any application submitted by a State edu13 cational agency which does not meet the requirements

14 of this section, but shall not finally disapprove an ap15 plication except after reasonable notice, provision of

16 technical assistance, and providing an opportunity

17 for a hearing to the State.

18 ‘‘SEC. 9206. ADMINISTRATIVE PROVISIONS.

19 ‘‘(a) NOTIFICATION OF AMOUNT.—The Secretary, not

20 later than June 1 of each year, shall notify each State edu21 cational agency that has an application approved under

22 section 9205 of the amount of such agency’s allocation

23 under section 9204 for the succeeding year.

24 ‘‘(b) SERVICES TO CHILDREN ENROLLED IN

25 NONPUBLIC SCHOOLS.—If by reason of any provision of
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1 law a local educational agency is prohibited from providing

2 educational services for children enrolled in elementary and

3 secondary nonpublic schools, as required by section

4 9205(a)(7), or if the Secretary determines that a local edu5 cational agency has substantially failed or is unwilling to

6 provide for the participation on an equitable basis of chil7 dren enrolled in such schools, the Secretary may waive such

8 requirement and shall arrange for the provision of services

9 to such children through arrangements which shall be sub10 ject to the requirements of this part. Such waivers shall be

11 subject to consultation, withholding, notice, and judicial re12 view requirements in accordance with the provisions of title

13 I.

14 ‘‘SEC. 9207. USES OF FUNDS.

15 ‘‘(a) USE OF FUNDS.—Funds awarded under this part

16 shall be used to pay for enhanced instructional opportuni17 ties for immigrant children and youth, which may in18 clude—

19 ‘‘(1) family literacy, parent outreach, and train20 ing activities designed to assist parents to become ac21 tive participants in the education of their children;

22 ‘‘(2) salaries of personnel, including teacher

23 aides who have been specifically trained, or are being

24 trained, to provide services to immigrant children

25 and youth;
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1 ‘‘(3) tutorials, mentoring, and academic or ca2 reer counseling for immigrant children and youth;

3 ‘‘(4) identification and acquisition of curricular

4 materials, educational software, and technologies to be

5 used in the program;

6 ‘‘(5) basic instructional services which are di7 rectly attributable to the presence in the school dis8 trict of immigrant children, including the costs of

9 providing additional classroom supplies, overhead

10 costs, costs of construction, acquisition or rental of

11 space, costs of transportation, or such other costs as

12 are directly attributable to such additional basic in13 structional services; and

14 ‘‘(6) such other activities, related to the purposes

15 of this part, as the Secretary may authorize.

16 ‘‘(b) CONSORTIA.—A local educational agency that re17 ceives a grant under this part may collaborate or form a

18 consortium with one or more local educational agencies, in19 stitutions of higher education, and nonprofit organizations

20 to carry out the program described in an application ap21 proved under this part.

22 ‘‘(c) SUBGRANTS.—A local educational agency that re23 ceives a grant under this part may, with the approval of

24 the Secretary, make a subgrant to, or enter into a contract

25 with, an institution of higher education, a nonprofit orga-
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1 nization, or a consortium of such entities to carry out a

2 program described in an application approved under this

3 part, including a program to serve out-of-school youth.

4 ‘‘(d) CONSTRUCTION.—Nothing in this part shall be

5 construed to prohibit a local educational agency from serv6 ing immigrant children simultaneously with students with

7 similar educational needs, in the same educational settings

8 where appropriate.

9 ‘‘SEC. 9208. REPORTS.

10 ‘‘(a) BIENNIAL REPORT.—Each State educational

11 agency receiving funds under this part shall submit, once

12 every 2 years, a report to the Secretary concerning the ex13 penditure of funds by local educational agencies under this

14 part. Each local educational agency receiving funds under

15 this part shall submit to the State educational agency such

16 information as the State educational agency determines

17 may be necessary for such report.

18 ‘‘(b) REPORT TO CONGRESS.—The Secretary shall sub19 mit, once every 2 years, a report to the appropriate commit20 tees of the Congress concerning programs assisted under this

21 part in accordance with section 10701.

22 ‘‘SEC. 9209. AUTHORIZATION OF APPROPRIATIONS.

23 ‘‘For the purpose of carrying out this part, there are

24 authorized to be appropriated $150,000,000 for fiscal year
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1 1995, and such sums as may be necessary for each of the

2 4 succeeding fiscal years.

3 ‘‘SEC. 9210. COMMUNICATIONS BETWEEN FEDERALLY FUND4 ED GOVERNMENT AGENCIES AND THE IMMI5 GRATION AND NATURALIZATION SERVICE.

6 ‘‘Notwithstanding any other provision of law, no Fed7 eral, State, or local government entity receiving Federal

8 funds shall be prohibited or in any way restricted from

9 communicating with the Immigration and Naturalization

10 Service regarding the immigration status, legal or illegal,

11 of an alien in the United States.

12 ‘‘PART C—NATIVE HAWAIIAN EDUCATION

13 ‘‘SEC. 9301. SHORT TITLE.

14 ‘‘This part may be cited as the ‘Native Hawaiian Edu15 cation Act’.

16 ‘‘SEC. 9302. FINDINGS.

17 ‘‘The Congress finds and declares as follows:

18 ‘‘(1) Native Hawaiians are a distinct and

19 unique indigenous people with a historical continuity

20 to the original inhabitants of the Hawaiian archipel21 ago, whose society was organized as a nation and

22 internationally recognized as such by the United

23 States, Britain, France and Japan, as evidenced by

24 treaties governing friendship, commerce, and naviga25 tion.
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1 ‘‘(2) At the time of the arrival of the first non2 indigenous people in Hawai‘i in 1778, the Native

3 Hawaiian people lived in a highly organized, self-suf4 ficient subsistence social system based on a communal

5 land tenure system with a sophisticated language,

6 culture, and religion.

7 ‘‘(3) From 1826 until 1893, the United States

8 recognized the sovereignty and independence of the

9 Kingdom of Hawai‘i, which was established in 1810

10 under Kamehameha I, extended full and complete

11 diplomatic recognition to the Kingdom of Hawai‘i,

12 and entered into treaties and conventions with the

13 Kingdom of Hawai‘i to govern friendship, commerce

14 and navigation in 1826, 1842, 1849, 1875, and 1887.

15 ‘‘(4) In 1893, the sovereign, independent, inter16 nationally recognized, and indigenous government of

17 Hawai‘i, the Kingdom of Hawai‘i, was overthrown by

18 a small group of non-Hawaiians, including United

19 States citizens, who were assisted in their efforts by

20 the United States Minister, a United States naval

21 representative, and armed naval forces of the United

22 States. Because of the participation of United States

23 agents and citizens in the overthrow of the Kingdom

24 of Hawai‘i, the Congress, on behalf of the people of the

25 United States, apologized to Native Hawaiians for
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1 the overthrow and the deprivation of the rights of Na2 tive Hawaiians to self-determination through Public

3 Law 103–150 (107 Stat. 1510).

4 ‘‘(5) In 1898, the joint resolution entitled ‘A

5 Joint Resolution to provide for annexing the Hawai6 ian Islands to the United States’, approved July 7,

7 1898 (30 Stat. 750), ceded absolute title of all lands

8 held by the Republic of Hawai‘i, including the gov9 ernment and crown lands of the former Kingdom of

10 Hawai‘i, to the United States, but mandated that rev11 enue generated from these lands be used ‘solely for the

12 benefit of the inhabitants of the Hawaiian Islands for

13 educational and other public purposes’.

14 ‘‘(6) By 1919, the Native Hawaiian population

15 had declined from an estimated 1,000,000 in 1778 to

16 an alarming 22,600, and in recognition of this severe

17 decline, the Congress in 1921 enacted the Hawaiian

18 Homes Commission Act, 1920, which designated ap19 proximately 200,000 acres of ceded public lands for

20 homesteading by Native Hawaiians.

21 ‘‘(7) Through the enactment of the Hawaiian

22 Homes Commission Act, 1920, the Congress affirmed

23 the special relationship between the United States and

24 the Native Hawaiians, as expressed by then Secretary

25 of the Interior Franklin K. Lane, who was quoted in
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1 the committee report for the Hawaiian Homes Com2 mission Act, 1920, as saying: ‘One thing that im3 pressed me . . . was the fact that the natives of the

4 island who are our wards, I should say, and for

5 whom in a sense we are trustees, are falling off rap6 idly in numbers and many of them are in poverty.’.

7 ‘‘(8) In 1959, under the Act entitled ‘An Act to

8 provide for the admission of the State of Hawaii into

9 the Union’, approved March 18, 1959 (73 Stat. 4),

10 the United States transferred responsibility for the

11 administration of the Hawaiian Home Lands to the

12 State of Hawai‘i but reaffirmed the special relation13 ship which existed between the United States and the

14 Hawaiian people by retaining the exclusive power to

15 enforce the trust, including the power to approve land

16 exchanges and legislative amendments affecting the

17 rights of beneficiaries under such Act.

18 ‘‘(9) In 1959, under the Act entitled ‘An Act to

19 provide for the admission of the State of Hawaii into

20 the Union’, approved March 18, 1959 (73 Stat. 4),

21 the United States ceded to the State of Hawai‘i title

22 to the public lands formerly held by the United

23 States, but mandated that such lands be held by the

24 State ‘in public trust’ and reaffirmed the special rela25 tionship which existed between the United States and
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1 the Hawaiian people by retaining the legal respon2 sibility to enforce the public trust responsibility of the

3 State of Hawai‘i for the betterment of the conditions

4 of Native Hawaiians, as defined in section 201(a) of

5 the Hawaiian Homes Commission Act, 1920.

6 ‘‘(10) The United States assumed special respon7 sibilities for Native Hawaiian lands and resources at

8 the time of the annexation of the Territory in 1898,

9 upon adoption of the Hawaiian Homes Commission

10 Act, 1920, and upon admission of the State of

11 Hawai‘i into the Union in 1959, and has retained

12 certain of those responsibilities.

13 ‘‘(11) In recognition of the special relationship

14 which exists between the United States and the Native

15 Hawaiian people, the Congress has extended to Native

16 Hawaiians the same rights and privileges accorded to

17 American Indian, Alaska Native, Eskimo, and Aleut

18 communities under the Native American Programs

19 Act of 1974, the American Indian Religious Freedom

20 Act, the National Museum of the American Indian

21 Act, the Native American Graves Protection and Re22 patriation Act, the National Historic Preservation

23 Act, and the Native American Languages Act.

24 ‘‘(12) In recognition of the special relationship

25 which exists between the United States and the Native
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1 Hawaiian people, the Congress has enacted numerous

2 special provisions of law for the benefit of Native Ha3 waiians in the areas of health, education, labor, and

4 housing.

5 ‘‘(13) In 1981, the Senate instructed the Office

6 of Education to submit to the Congress a comprehen7 sive report on Native Hawaiian education. The re8 port, entitled the ‘Native Hawaiian Educational As9 sessment Project’, was released in 1983 and docu10 mented that Native Hawaiians scored below parity

11 with national norms on standardized achievement

12 tests, were disproportionately represented in many

13 negative social and physical statistics, indicative of

14 special educational needs, and had educational needs

15 which were related to their unique cultural situation,

16 such as different learning styles and low self-image.

17 ‘‘(14) In recognition of the educational needs of

18 Native Hawaiians, in 1988, the Congress enacted title

19 IV of the Augustus F. Hawkins-Robert T. Stafford El20 ementary and Secondary School Improvement

21 Amendments of 1988 to authorize and develop supple22 mental educational programs to benefit Native Ha23 waiians.

24 ‘‘(15) In 1993, the Kamehameha Schools Bishop

25 Estate released a ten-year update of the Native Ha-
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1 waiian Educational Assessment Project, which found

2 that despite the successes of the programs established

3 under title IV of the Augustus F. Hawkins-Robert T.

4 Stafford Elementary and Secondary School Improve5 ment Amendments of 1988, many of the same edu6 cational needs still exist for Native Hawaiians. For

7 example—

8 ‘‘(A) educational risk factors continue to

9 start even before birth for many Native Hawai10 ian children, including—

11 ‘‘(i) late or no prenatal care;

12 ‘‘(ii) half of Native Hawaiian women

13 who give birth are unmarried; and

14 ‘‘(iii) high rates of births to teenage

15 parents;

16 ‘‘(B) Native Hawaiian students continue to

17 begin their school experience lagging behind other

18 students in terms of readiness factors such as vo19 cabulary test scores;

20 ‘‘(C) Native Hawaiian students continue to

21 score below national norms on standardized edu22 cation achievement tests at all grade levels;

23 ‘‘(D) both public and private schools con24 tinue to show a pattern of lower percentages of

25 Native Hawaiian students in the uppermost
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1 achievement levels and in gifted and talented

2 programs;

3 ‘‘(E) Native Hawaiian students continue to

4 be overrepresented among students qualifying for

5 special education programs provided to students

6 with learning disabilities, mild mental retarda7 tion, emotional impairment, and other such dis8 abilities;

9 ‘‘(F) Native Hawaiians continue to be

10 underrepresented in institutions of higher edu11 cation and among adults who have completed

12 four or more years of college;

13 ‘‘(G) Native Hawaiians continue to be dis14 proportionately represented in many negative so15 cial and physical statistics, indicative of special

16 educational needs, for example—

17 ‘‘(i) Native Hawaiian students are

18 more likely to be retained in grade level and

19 to be excessively absent in secondary school;

20 ‘‘(ii) Native Hawaiian students are the

21 highest users of drugs and alcohol; and

22 ‘‘(iii) Native Hawaiian children con23 tinue to be disproportionately victimized by

24 child abuse and neglect; and
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1 ‘‘(H) Native Hawaiians now comprise over

2 23 percent of the students served by the State of

3 Hawai‘i Department of Education and there are

4 and will continue to be geographically rural, iso5 lated areas with a high Native Hawaiian popu6 lation density.

7 ‘‘(16) The findings described in paragraphs (1)

8 through (15) are contrary to the high rate of literacy

9 and integration of traditional culture and Western

10 education achieved by Native Hawaiians through a

11 Hawaiian language-based public school system estab12 lished in 1840 by Kamehameha III.

13 ‘‘(17) After the overthrow of the Kingdom of

14 Hawai‘i in 1893, Hawaiian medium schools were

15 banned. After annexation, throughout the territorial

16 and statehood period, and until 1986, use of Hawai17 ian as a medium of education in public schools was

18 declared unlawful, thereby causing incalculable harm

19 to a culture that placed a very high value on the

20 power of language, as exemplified in the traditional

21 saying: ‘I ka ‘ ̄olelo no ke ola; I ka ‘ ̄olelo no ka make.

22 In the language rests life; In the language rests

23 death.’.

24 ‘‘(18) Despite the consequences of over 100 years

25 of nonindigenous influence, the Native Hawaiian peo-
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1 ple are determined to preserve, develop, and transmit

2 to future generations their ancestral territory, and

3 their cultural identity in accordance with their own

4 spiritual and traditional beliefs, customs, practices,

5 language, and social institutions.

6 ‘‘(19) The State of Hawai‘i, in the constitution

7 and statutes of the State of Hawai‘i—

8 ‘‘(A) acknowledges the distinct land rights

9 of Native Hawaiian people as beneficiaries of the

10 public lands trust;

11 ‘‘(B) reaffirms and protects the unique right

12 of the Native Hawaiian people to practice and

13 perpetuate their culture and religious customs,

14 beliefs, practices, and language; and

15 ‘‘(C) recognizes the traditional language of

16 the Native Hawaiian people as an official lan17 guage of the State of Hawai‘i, which may be

18 used as the language of instruction for all sub19 jects and grades in the public school system.

20 ‘‘(20) It continues to be the policy of the Federal

21 Government to encourage the maximum participation

22 of Native Hawaiians in planning and management of

23 Native Hawaiian education programs.

24 ‘‘SEC. 9303. PURPOSE.

25 ‘‘It is the purpose of this part to—
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1 ‘‘(1) authorize and develop supplemental edu2 cational programs to benefit Native Hawaiians;

3 ‘‘(2) provide direction and guidance to appro4 priate Federal, State, and local agencies to focus re5 sources, including resources made available under this

6 part, on Native Hawaiian education, through the es7 tablishment of a Native Hawaiian Education Coun8 cil, and five island councils; and

9 ‘‘(3) supplement and expand existing programs

10 and authorities in the area of Native Hawaiian edu11 cation to further such purposes.

12 ‘‘SEC. 9304. NATIVE HAWAIIAN CURRICULUM DEVELOP13 MENT, TEACHER TRAINING AND RECRUIT14 MENT PROGRAM.

15 ‘‘(a) GENERAL AUTHORITY.—The Secretary is author16 ized to make direct grants, to Native Hawaiian educational

17 organizations or educational entities with experience in de18 veloping or operating Native Hawaiian programs or pro19 grams of instruction conducted in the Native Hawaiian

20 language, for the following purposes:

21 ‘‘(1) CURRICULA.—The development of curricula

22 to address the needs of Native Hawaiian students,

23 particularly elementary and secondary school stu24 dents, which may include programs of instruction

25 conducted in the Native Hawaiian language, and
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1 mathematics and science curricula incorporating the

2 relevant application of Native Hawaiian culture and

3 traditions.

4 ‘‘(2) PRETEACHER TRAINING.—The development

5 and implementation of preteacher training programs

6 in order to ensure that student teachers within the

7 State of Hawai‘i, particularly student teachers who

8 are likely to be employed in schools with a high con9 centration of Native Hawaiian students, are prepared

10 to better address the unique needs of Native Hawai11 ian students, within the context of Native Hawaiian

12 culture, language and traditions.

13 ‘‘(3) INSERVICE TEACHER TRAINING.—The devel14 opment and implementation of inservice teacher

15 training programs, in order to ensure that teachers,

16 particularly teachers employed in schools with a high

17 concentration of Native Hawaiian students, are pre18 pared to better address the unique needs of Native

19 Hawaiian students, within the context of Native Ha20 waiian culture, language and traditions.

21 ‘‘(4) TEACHER RECRUITMENT.—The development

22 and implementation of teacher recruitment programs

23 to meet the objectives of—
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1 ‘‘(A) enhancing teacher recruitment within

2 communities with a high concentration of Native

3 Hawaiian students; and

4 ‘‘(B) increasing the numbers of teachers who

5 are of Native Hawaiian ancestry.

6 ‘‘(b) PRIORITY.—In awarding grants under this sec7 tion, the Secretary shall give priority to awarding grants

8 for activities described in subsection (a) that focus on the

9 needs of at-risk youth or that employ a program of instruc10 tion conducted in the Native Hawaiian language.

11 ‘‘(c) ADMINISTRATIVE COSTS.—Not more than 7 per12 cent of the funds appropriated to carry out the provisions

13 of this section for any fiscal year may be used for adminis14 trative purposes.

15 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There

16 are authorized to be appropriated $2,000,000 for fiscal year

17 1995, and such sums as may be necessary for each of the

18 4 succeeding fiscal years, to carry out this section. Funds

19 appropriated under the authority of this subsection shall

20 remain available until expended.

21 ‘‘SEC. 9305. NATIVE HAWAIIAN COMMUNITY-BASED EDU22 CATION LEARNING CENTERS.

23 ‘‘(a) GENERAL AUTHORITY.—The Secretary is author24 ized to make direct grants, to collaborative efforts between

25 community-based Native Hawaiian organizations and com-
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1 munity colleges, to develop, establish, and operate a mini2 mum of three community-based education learning centers.

3 ‘‘(b) PURPOSE.—The learning centers described in sub4 section (a) shall meet the needs of families and communities

5 through interdepartmental and interagency coordination of

6 new and existing public and private programs and services,

7 which may include—

8 ‘‘(1) preschool programs;

9 ‘‘(2) after-school programs; and

10 ‘‘(3) vocational and adult education programs.

11 ‘‘(c) ADMINISTRATIVE COSTS.—Not more than 7 per12 cent of the funds appropriated to carry out the provisions

13 of this section for any fiscal year may be used for adminis14 trative purposes.

15 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There

16 are authorized to be appropriated $1,000,000 for fiscal year

17 1995, and such sums as may be necessary for each of the

18 4 succeeding fiscal years, to carry out this section. Funds

19 appropriated under the authority of this subsection shall

20 remain available until expended.

21 ‘‘SEC. 9306. NATIVE HAWAIIAN FAMILY-BASED EDUCATION

22 CENTERS.

23 ‘‘(a) GENERAL AUTHORITY.—The Secretary is author24 ized to make direct grants, to Native Hawaiian educational

25 organizations or educational entities with experience in de-
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1 veloping or operating Native Hawaiian programs or pro2 grams of instruction conducted in the Native Hawaiian

3 language, to expand the operation of Family-Based Edu4 cation Centers throughout the Hawaiian Islands. The pro5 grams of such centers may be conducted in the Hawaiian

6 language, the English language, or a combination thereof,

7 and shall include—

8 ‘‘(1) parent-infant programs for prenatal

9 through three-year-olds;

10 ‘‘(2) preschool programs for four- and five-year11 olds;

12 ‘‘(3) continued research and development; and

13 ‘‘(4) a long-term followup and assessment pro14 gram.

15 ‘‘(b) ADMINISTRATIVE COSTS.—Not more than 7 per16 cent of the funds appropriated to carry out the provisions

17 of this section for any fiscal year may be used for adminis18 trative purposes.

19 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—In addi20 tion to any other amount authorized to be appropriated for

21 the centers described in subsection (a), there are authorized

22 to be appropriated $6,000,000 for fiscal year 1995, and

23 such sums as may be necessary for each of the 4 succeeding

24 fiscal years, to carry out this section. Funds appropriated
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1 under the authority of this subsection shall remain avail2 able until expended.

3 ‘‘SEC. 9307. NATIVE HAWAIIAN HIGHER EDUCATION PRO4 GRAM.

5 ‘‘(a) GENERAL AUTHORITY.—

6 ‘‘(1) IN GENERAL.—The Secretary is authorized

7 to make direct grants, to Native Hawaiian edu8 cational organizations or educational entities with ex9 perience in developing or operating Native Hawaiian

10 programs or programs of instruction conducted in the

11 Native Hawaiian language, to enable such organiza12 tions or entities to provide a program of bacca13 laureate and post-baccalaureate fellowship assistance

14 to Native Hawaiian students.

15 ‘‘(2) MANDATORY ACTIVITIES.—Such program

16 shall include—

17 ‘‘(A) full or partial fellowship support for

18 Native Hawaiian students enrolled at two- or

19 four-year degree granting institutions of higher

20 education with fellowship awards to be based on

21 academic potential and financial need; and

22 ‘‘(B) full or partial fellowship support for

23 Native Hawaiian students enrolled at post-bac24 calaureate degree granting institutions of higher

25 education with priority given to providing fel-
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1 lowship support for professions in which Native

2 Hawaiians are underrepresented and with fel3 lowship awards to be based on academic poten4 tial and financial need;

5 ‘‘(3) PERMITTED ACTIVITIES.—Such program

6 may also include—

7 ‘‘(A) counseling and support services for

8 students receiving fellowship assistance under

9 paragraph (1);

10 ‘‘(B) college preparation and guidance

11 counseling at the secondary school level for stu12 dents who may be eligible for fellowship support

13 pursuant to subsection (a)(2)(A);

14 ‘‘(C) appropriate research and evaluation of

15 the activities authorized by this section; and

16 ‘‘(D) implementation of faculty development

17 programs for the improvement and matricula18 tion of Native Hawaiian students.

19 ‘‘(b) SPECIAL CONDITIONS REQUIRED.—For the pur20 pose of fellowships awarded under subsection (a), fellowship

21 conditions shall be established whereby fellowship recipients

22 obtain an enforceable contract obligation to provide their

23 professional services, either during the fellowship period or

24 upon completion of a baccalaureate or post-baccalaureate

25 degree program, to the Native Hawaiian community.
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1 ‘‘(c) ADMINISTRATIVE COSTS.—Not more than 7 per2 cent of the funds appropriated to carry out the provisions

3 of this section for any fiscal year may be used for adminis4 trative purposes.

5 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There

6 are authorized to be appropriated $2,000,000 for fiscal year

7 1995, and such sums as may be necessary for each of the

8 4 succeeding fiscal years, to carry out this section. Funds

9 appropriated under the authority of this subsection shall

10 remain available until expended.

11 ‘‘SEC. 9308. NATIVE HAWAIIAN GIFTED AND TALENTED PRO12 GRAM.

13 ‘‘(a) GENERAL AUTHORITY.—The Secretary is author14 ized to make a grant, to a Native Hawaiian educational

15 organization or an educational entity with experience in

16 developing or operating Native Hawaiian programs or pro17 grams of instruction conducted in the Native Hawaiian

18 language, for a gifted and talented program designed to—

19 ‘‘(1) address the special needs of Native Hawai20 ian elementary and secondary school students who are

21 gifted and talented students; and

22 ‘‘(2) provide those support services to the fami23 lies of such students that are needed to enable such

24 students to benefit from the program.
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1 ‘‘(b) USES OF FUNDS.—The program funded under

2 this section may include—

3 ‘‘(1) the identification of the special needs of Na4 tive Hawaiian gifted and talented students, particu5 larly with respect to—

6 ‘‘(A) the emotional and psychosocial needs

7 of such students; and

8 ‘‘(B) the provision of those support services

9 to the families of such students that are needed

10 to enable such students to benefit from the pro11 gram;

12 ‘‘(2) the conduct of educational, psychosocial,

13 and developmental activities which hold reasonable

14 promise of resulting in substantial progress toward

15 meeting the educational needs of such students, in16 cluding demonstrating and exploring the use of the

17 Native Hawaiian language and exposure to Native

18 Hawaiian cultural traditions;

19 ‘‘(3) leadership programs designed to—

20 ‘‘(A) replicate programs throughout the

21 State of Hawai‘i for gifted and talented students

22 who are not served under this section; and

23 ‘‘(B) coordinate with other Native American

24 gifted and talented leadership programs, includ25 ing the dissemination of information derived
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1 from the program conducted under this section;

2 and

3 ‘‘(4) appropriate research, evaluation, and relat4 ed activities pertaining to—

5 ‘‘(A) the needs of such students; and

6 ‘‘(B) the provision of those support services

7 to the families of such students that are needed

8 to enable such students to benefit from the pro9 gram.

10 ‘‘(c) ADMINISTRATIVE COSTS.—Not more than 7 per11 cent of the funds appropriated to carry out the provisions

12 of this section for any fiscal year may be used for adminis13 trative purposes.

14 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—In addi15 tion to any other amount authorized to be appropriated for

16 the program described in this section, there are authorized

17 to be appropriated $1,500,000 for fiscal year 1995, and

18 such sums as may be necessary for each of the 4 succeeding

19 fiscal years, to carry out this section. Funds appropriated

20 under the authority of this subsection shall remain avail21 able until expended.

22 ‘‘SEC. 9309. NATIVE HAWAIIAN SPECIAL EDUCATION PRO23 GRAM.

24 ‘‘(a) GENERAL AUTHORITY.—The Secretary is author25 ized to make grants to, or enter into contracts with, Native
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1 Hawaiian educational organizations or educational entities

2 with experience in developing or operating Native Hawai3 ian programs or programs of instruction conducted in the

4 Native Hawaiian language, to operate a program to ad5 dress the special education needs of Native Hawaiian stu6 dents. Such program may include—

7 ‘‘(1) the identification of Native Hawaiian stu8 dents with learning disabilities, mental or physical

9 disabilities, emotional impairments, or who are other10 wise in need of special educational services;

11 ‘‘(2) the identification of the special education

12 needs of such students, particularly with respect to—

13 ‘‘(A) the emotional and psychosocial needs

14 of such students; and

15 ‘‘(B) the provision of those support services

16 to the families of such students that are needed

17 to enable such students to benefit from the pro18 gram;

19 ‘‘(3) the conduct of educational activities consist20 ent with part B of the Education of Individuals with

21 Disabilities Education Act which hold reasonable

22 promise of resulting in substantial progress toward

23 meeting the educational needs of such students;

24 ‘‘(4) the conduct of educational, psychosocial,

25 and developmental activities which hold reasonable
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1 promise of resulting in substantial progress toward

2 meeting the educational needs of such students, in3 cluding demonstrating and exploring the use of the

4 Native Hawaiian language and exposure to Native

5 Hawaiian cultural traditions; and

6 ‘‘(5) appropriate research, evaluation, and relat7 ed activities pertaining to—

8 ‘‘(A) the needs of such students;

9 ‘‘(B) the provision of those support services

10 to the families of such students that are needed

11 to enable such student to benefit from the pro12 gram; and

13 ‘‘(C) the outcomes and benefits of activities

14 assisted under this section upon such students.

15 ‘‘(b) ADMINISTRATIVE COSTS.—Not more than 7 per16 cent of the funds appropriated to carry out the provisions

17 of this section for any fiscal year may be used for adminis18 trative purposes.

19 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—In addi20 tion to any other amount authorized to be appropriated for

21 the program described in this section, there are authorized

22 to be appropriated $2,000,000 for fiscal year 1995, and

23 such sums as may be necessary for each of the 4 succeeding

24 fiscal years, to carry out this section. Funds appropriated
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1 under the authority of this subsection shall remain avail2 able until expended.

3 ‘‘SEC. 9310. NATIVE HAWAIIAN EDUCATION COUNCIL AND

4 ISLAND COUNCILS.

5 ‘‘(a) ESTABLISHMENT OF NATIVE HAWAIIAN EDU6 CATION COUNCIL.—In order to better effectuate the purposes

7 of this part through the coordination of educational and

8 related services and programs available to Native Hawai9 ians, including those programs receiving funding under this

10 part, the Secretary is authorized to establish a Native Ha11 waiian Education Council (hereafter in this part referred

12 to as the ‘Education Council’).

13 ‘‘(b) COMPOSITION OF EDUCATION COUNCIL.—The

14 Education Council shall consist of not more than 25 mem15 bers, including a representative of—

16 ‘‘(1) each recipient of funds from the Secretary

17 under this part;

18 ‘‘(2) the State of Hawai‘i Department of Edu19 cation;

20 ‘‘(3) the State of Hawai‘i Office of Hawaiian Af21 fairs;

22 ‘‘(4) Native Hawaiian educational organiza23 tions, such as Alu Like, Inc., Kamehameha Schools

24 Bishop Estate, Hawaiian Language Immersion Advi-
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1 sory Council, Aha Punana Leo, and the Queen

2 Lili‘uokalani Trust and Children’s Center; and

3 ‘‘(5) each Native Hawaiian education island

4 council established under subsection (f).

5 ‘‘(c) CONDITIONS AND TERMS.—At least three-fourths

6 of the members of the Education Council shall be Native

7 Hawaiians. Members of the Education Council shall be ap8 pointed for three-year terms.

9 ‘‘(d) ADMINISTRATIVE GRANT FOR THE EDUCATION

10 COUNCIL.—The Secretary shall make a direct grant to the

11 Education Council in order to enable the Education Coun12 cil to—

13 ‘‘(1) coordinate the educational and related serv14 ices and programs available to Native Hawaiians, in15 cluding the programs assisted under this part, and

16 assess the extent to which such services and programs

17 meet the needs of Native Hawaiians; and

18 ‘‘(2) provide direction and guidance, through the

19 issuance of reports and recommendations, to appro20 priate Federal, State, and local agencies in order to

21 focus and improve the use of resources, including re22 sources made available under this part, on Native

23 Hawaiian education.

24 ‘‘(e) ADDITIONAL DUTIES OF THE EDUCATION COUN25 CIL.—
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1 ‘‘(1) IN GENERAL.—The Education Council shall

2 provide copies of any reports and recommendations

3 issued by the Education Council to the Secretary, the

4 Committee on Indian Affairs of the Senate, and the

5 Committee on Education and Labor of the House of

6 Representatives, including any information that the

7 Education Council provides to the Secretary pursuant

8 to subsection (i)(1).

9 ‘‘(2) ANNUAL REPORT.—The Education Council

10 shall present to the Secretary an annual report on the

11 Education Council’s activities.

12 ‘‘(3) ISLAND COUNCIL SUPPORT AND ASSIST13 ANCE.—The Education Council shall provide such ad14 ministrative support and financial assistance to the

15 island councils established pursuant to subsection (f)

16 as the Secretary deems appropriate.

17 ‘‘(f) ESTABLISHMENT OF ISLAND COUNCILS.—

18 ‘‘(1) IN GENERAL.—In order to better effectuate

19 the purposes of this part and to ensure the adequate

20 representation of island and community interests

21 within the Education Council, the Office of Hawaiian

22 Affairs of the State of Hawai‘i is authorized to facili23 tate the establishment of Native Hawaiian education

24 island councils (hereafter in this part referred to as

25 ‘island councils’) for the following islands:
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1 ‘‘(A) Hawai‘i.

2 ‘‘(B) Maui and Lana‘i.

3 ‘‘(C) Moloka‘i.

4 ‘‘(D) Kaua‘i and Ni‘ihau.

5 ‘‘(E) O‘ahu.

6 ‘‘(2) COMPOSITION OF ISLAND COUNCILS.—Each

7 island council shall consist of parents, students, and

8 other community members who have an interest in

9 the education of Native Hawaiians, and shall be rep10 resentative of the educational needs of all age groups,

11 from preschool through adulthood. At least three12 fourths of the members of each island council shall be

13 Native Hawaiians

14 ‘‘(g) ADMINISTRATIVE PROVISIONS RELATING TO EDU15 CATION COUNCIL AND ISLAND COUNCILS.—The Education

16 Council and each island council shall meet at the call of

17 the chairperson of the respective council, or upon the request

18 of the majority of the members of the respective council, but

19 in any event not less than four times during each calendar

20 year. The provisions of the Federal Advisory Committee Act

21 shall not apply to the Education Council and each island

22 council.

23 ‘‘(h) COMPENSATION.—Members of the Education

24 Council and each island council shall not receive any com-
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1 pensation for services on the Education Council and each

2 island council, respectively.

3 ‘‘(i) REPORT.—Not later than four years after the date

4 of the enactment of the Improving America’s Schools Act

5 of 1994, the Secretary shall prepare and submit to the Com6 mittee on Indian Affairs of the Senate, and the Committee

7 on Education and Labor of the House of Representatives,

8 a report which summarizes the annual reports of the Edu9 cation Council, describes the allocation and utilization of

10 funds under this part, and contains recommendations for

11 changes in Federal, State, and local policy to advance the

12 purposes of this part.

13 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There are

14 authorized to be appropriated $500,000 for fiscal year 1995,

15 and such sums as may be necessary for each of the 4 suc16 ceeding fiscal years, to carry out this section. Funds appro17 priated under the authority of this subsection shall remain

18 available until expended.

19 ‘‘SEC. 9311. ADMINISTRATIVE PROVISIONS.

20 ‘‘(a) APPLICATION REQUIRED.—No grant may be

21 made under this part, nor any contract be entered into

22 under this part, unless an application is submitted to the

23 Secretary in such form, in such manner, and containing

24 such information as the Secretary may determine necessary

25 to carry out the provisions of this part.
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1 ‘‘(b) SPECIAL RULE.—Each application submitted

2 under this part shall be accompanied by the comments of

3 each local educational agency serving students who will

4 participate in the program for which assistance is sought.

5 ‘‘SEC. 9312. DEFINITIONS.

6 ‘‘For the purposes of this part—

7 ‘‘(1) the term ‘Native Hawaiian’ means any in8 dividual who is a descendant of the aboriginal people,

9 who prior to 1778, occupied and exercised sovereignty

10 in the area that now comprises the State of Hawai‘i,

11 as evidenced by—

12 ‘‘(A) genealogical records;

13 ‘‘(B) Ku ̄puna (elders) or Kama‘ ̄aina (long14 term community residents) verification; or

15 ‘‘(C) certified birth records;

16 ‘‘(2) the term ‘Native Hawaiian educational or17 ganization’ means a private nonprofit organization

18 that—

19 ‘‘(A) serves the interests of Native Hawai20 ians;

21 ‘‘(B) has a demonstrated expertise in the

22 education of Native Hawaiians; and

23 ‘‘(C) has Native Hawaiians in substantive

24 and policymaking positions within the organiza25 tion;
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1 ‘‘(3) the term ‘Native Hawaiian language’ means

2 the single Native American language indigenous to

3 the original inhabitants of the State of Hawai‘i;

4 ‘‘(4) the term ‘Office of Hawaiian Affairs’ means

5 the Office of Hawaiian Affairs established by the Con6 stitution of the State of Hawai‘i; and

7 ‘‘(5) the term ‘Native Hawaiian community8 based organization’ means any organization which is

9 composed primarily of Native Hawaiians from a spe10 cific community and which assists in the social, cul11 tural and educational development of Native Hawai12 ians in that community.

13 ‘‘PART D—TERRITORIAL ASSISTANCE

14 ‘‘SEC. 9401. GENERAL ASSISTANCE FOR THE VIRGIN IS15 LANDS.

16 ‘‘There are authorized to be appropriated $5,000,000

17 for fiscal year 1995 and for each of the 4 succeeding fiscal

18 years, for the purpose of providing general assistance to im19 prove public education in the Virgin Islands.

20 ‘‘TITLE X—GENERAL

21 PROVISIONS

22 ‘‘PART A—DEFINITIONS

23 ‘‘SEC. 10101. DEFINITIONS.

24 ‘‘Except as otherwise provided, for the purposes of this

25 Act, the following terms have the following meanings:
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1 ‘‘(1) AVERAGE DAILY ATTENDANCE.—(A) Except

2 as provided otherwise by State law or this paragraph,

3 the term ‘average daily attendance’ means—

4 ‘‘(i) the aggregate number of days of attend5 ance of all students during a school year; divided

6 by

7 ‘‘(ii) the number of days school is in session

8 during such school year.

9 ‘‘(B) The Secretary shall permit the conversion

10 of average daily membership (or other similar data)

11 to average daily attendance for local educational

12 agencies in States that provide State aid to local edu13 cational agencies on the basis of average daily mem14 bership or such other data.

15 ‘‘(C) If the local educational agency in which a

16 child resides makes a tuition or other payment for the

17 free public education of the child in a school located

18 in another school district, the Secretary shall, for pur19 poses of this Act—

20 ‘‘(i) consider the child to be in attendance

21 at a school of the agency making such payment;

22 and

23 ‘‘(ii) not consider the child to be in attend24 ance at a school of the agency receiving such

25 payment.
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1 ‘‘(D) If a local educational agency makes a tui2 tion payment to a private school or to a public school

3 of another local educational agency for a child with

4 disabilities, as defined in section 602(a)(1) of the In5 dividuals with Disabilities Education Act, the Sec6 retary shall, for the purposes of this Act, consider

7 such child to be in attendance at a school of the agen8 cy making such payment.

9 ‘‘(2) AVERAGE PER-PUPIL EXPENDITURE.—The

10 term ‘average per-pupil expenditure’ means, in the

11 case of a State or of the United States—

12 ‘‘(A) without regard to the source of

13 funds—

14 ‘‘(i) the aggregate current expenditures,

15 during the third preceding fiscal year (or, if

16 satisfactory data for that year are not

17 available, during the most recent preceding

18 fiscal year for which satisfactory data are

19 available) of all local educational agencies

20 in the State or, in the case of the United

21 States for all States (which, for the purpose

22 of this paragraph, means the 50 States and

23 the District of Columbia); plus
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1 ‘‘(ii) any direct current expenditures

2 by the State for operation of such agencies;

3 divided by

4 ‘‘(B) the aggregate number of children in

5 average daily attendance to whom such agencies

6 provided free public education during such pre7 ceding year.

8 ‘‘(3) CHARTER SCHOOL.—The term ‘charter

9 school’ means a public school operated under public

10 supervision and direction, that is nonsectarian, pro11 vides elementary or secondary education, or both, does

12 not change tuition, and complies with relevant Fed13 eral education laws.

14 ‘‘(4) CHILD.—The term ‘child’ means any person

15 within the age limits for which the applicable State

16 provides free public education.

17 ‘‘(5) COMMUNITY-BASED ORGANIZATION.—The

18 term ‘community-based organization’ means a public

19 or private nonprofit organization of demonstrated ef20 fectiveness that—

21 ‘‘(A) is representative of a community or

22 significant segments of a community; and

23 ‘‘(B) provides educational or related services

24 to individuals in the community.
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1 ‘‘(6) CONSOLIDATED STATE APPLICATION.—The

2 term ‘consolidated State application’ means an appli3 cation submitted by a State educational agency pur4 suant to section 10302.

5 ‘‘(7) COUNTY.—The term ‘county’ means one of

6 those divisions of a State used by the Secretary of

7 Commerce in compiling and reporting data regarding

8 counties.

9 ‘‘(8) COVERED PROGRAM.—The term ‘covered

10 program’ means each of the programs authorized

11 by—

12 ‘‘(A) part A of title I;

13 ‘‘(B) part D of title I;

14 ‘‘(C) part A of title II (other than section

15 2114);

16 ‘‘(D) subpart 1 of part A of title V (other

17 than section 5114);

18 ‘‘(E) subpart 2 of part A of title III; and

19 ‘‘(F) title XIII.

20 ‘‘(9) CURRENT EXPENDITURES.—The term ‘cur21 rent expenditures’ means expenditures for free public

22 education—

23 ‘‘(A) including expenditures for administra24 tion, instruction, attendance and health services,

25 pupil transportation services, operation and
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1 maintenance of plant, fixed charges, and net ex2 penditures to cover deficits for food services and

3 student body activities; but

4 ‘‘(B) not including expenditures for commu5 nity services, capital outlay, and debt service, or

6 any expenditures made from funds received

7 under title I, part A of title II, and title XIII.

8 ‘‘(10) DEPARTMENT.—The term ‘Department’

9 means the Department of Education.

10 ‘‘(11) EDUCATIONAL SERVICE AGENCY.—The

11 term ‘educational service agency’ means regional pub12 lic multiservice agencies authorized by State statute

13 to develop, manage, and provide services or programs

14 to local educational agencies.

15 ‘‘(12) ELEMENTARY SCHOOL.—The term ‘elemen16 tary school’ means a day or residential school that

17 provides elementary education, as determined under

18 State law.

19 ‘‘(13) FREE PUBLIC EDUCATION.—The term ‘free

20 public education’ means education that is provided—

21 ‘‘(A) at public expense, under public super22 vision and direction, and without tuition charge;

23 and

24 ‘‘(B) as elementary or secondary school edu25 cation as determined under applicable State law,
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1 except that such term does not include any edu2 cation provided beyond grade 12.

3 ‘‘(14) GIFTED AND TALENTED.—The term ‘gifted

4 and talented’, when used with respect to students,

5 children or youth, means students, children or youth

6 who give evidence of high performance capability in

7 areas such as intellectual, creative, artistic, or leader8 ship capacity, or in specific academic fields, and who

9 require services or activities not ordinarily provided

10 by the school in order to fully develop such capabili11 ties.

12 ‘‘(15) INSTITUTION OF HIGHER EDUCATION.—

13 The term ‘institution of higher education’ has the

14 meaning given that term in section 1201 of the High15 er Education Act of 1965.

16 ‘‘(16) INTEROPERABLE AND INTEROPER17 ABILITY.—The terms ‘interoperable’ and ‘interoper18 ability’ refer to the ability to easily exchange data

19 with, and connect to, other hardware and software in

20 order to provide the greatest accessibility to such data

21 for all students.

22 ‘‘(17) LOCAL EDUCATIONAL AGENCY.—(A) The

23 term ‘local educational agency’ means a public board

24 of education or other public authority legally con25 stituted within a State for either administrative con-
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1 trol or direction of, or to perform a service function

2 for, public elementary or secondary schools in a city,

3 county, township, school district, or other political

4 subdivision of a State, or for such combination of

5 school districts or counties as are recognized in a

6 State as an administrative agency for its public ele7 mentary or secondary schools.

8 ‘‘(B) The term includes any other public institu9 tion or agency having administrative control and di10 rection of a public elementary or secondary school.

11 ‘‘(C) The term includes an elementary or second12 ary school funded by the Bureau of Indian Affairs but

13 only to the extent that such inclusion makes such

14 school eligible for programs for which specific eligi15 bility is not provided to such school in another provi16 sion of law, except that such school shall not be sub17 ject to the jurisdiction of any State educational agen18 cy other than the Bureau of Indian Affairs.

19 ‘‘(18) OTHER STAFF.—The term ‘other staff’

20 means pupil services personnel, librarians, career

21 guidance and counseling personnel, education aides,

22 and other instructional and administrative personnel.

23 ‘‘(19) OUTLYING AREA.—The term ‘outlying

24 area’ means the Virgin Islands, Guam, American

25 Samoa, the Commonwealth of the Northern Mariana
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1 Islands, the Republic of the Marshall Islands, the Fed2 erated States of Micronesia, and Palau.

3 ‘‘(20) PARENT.—The term ‘parent’ includes a

4 legal guardian or other person standing in loco

5 parentis.

6 ‘‘(21) PUBLIC TELECOMMUNICATION ENTITY.—

7 The term ‘public telecommunication entity’ has the

8 same meaning given to such term in section 397(12)

9 of the Communications Act of 1934.

10 ‘‘(22) PUPIL SERVICES PERSONNEL; PUPIL SERV11 ICES.—

12 ‘‘(A) The term ‘pupil services personnel’

13 means school counselors, school social workers,

14 school psychologists, and other qualified profes15 sional personnel involved in providing assess16 ment, diagnosis, counseling, educational, thera17 peutic, and other necessary services (including

18 related services as such term is defined in section

19 602 of the Individuals with Disabilities Edu20 cation Act) as part of a comprehensive program

21 to meet student needs.

22 ‘‘(B) The term ‘pupil services’ means the

23 services provided by pupil services personnel.

24 ‘‘(23) SECONDARY SCHOOL.—The term ‘second25 ary school’ means a day or residential school that
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1 provides secondary education, as determined under

2 State law, except that such term does not include any

3 education beyond grade 12.

4 ‘‘(24) SECRETARY.—The term ‘Secretary’ means

5 the Secretary of Education.

6 ‘‘(25) STATE.—The term ‘State’ means each of

7 the 50 States, the District of Columbia, the Common8 wealth of Puerto Rico, and each of the outlying areas.

9 ‘‘(26) STATE EDUCATIONAL AGENCY.—The term

10 ‘State educational agency’ means the agency pri11 marily responsible for the State supervision of public

12 elementary and secondary schools.

13 ‘‘(27) TECHNOLOGY.—The term ‘technology’

14 means the latest state-of-the-art technology products

15 and services, such as closed circuit television systems,

16 educational television or radio programs and services,

17 cable television, satellite, copper and audio laser and

18 CD–ROM disks, video and audio tapes, including

19 interactive forms of such products and services, or

20 other technologies.

21 ‘‘SEC. 10102. APPLICABILITY OF THIS TITLE.

22 ‘‘Parts B through F of this title do not apply to part

23 A of title IX.
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1 ‘‘PART B—FLEXIBILITY IN THE USE OF

2 ADMINISTRATIVE AND OTHER FUNDS

3 ‘‘SEC. 10201. CONSOLIDATION OF STATE ADMINISTRATIVE

4 FUNDS FOR ELEMENTARY AND SECONDARY

5 EDUCATION PROGRAMS.

6 ‘‘(a) CONSOLIDATION OF ADMINISTRATIVE FUNDS.—

7 ‘‘(1) IN GENERAL.—A State educational agency

8 may consolidate the amounts specifically made avail9 able to such agency for State administration under

10 one or more of the programs specified under para11 graph (2).

12 ‘‘(2) APPLICABILITY.—This section applies to

13 programs under title I, those covered programs de14 scribed in subparagraphs (C), (D), (E), and (F) of

15 section 10101(7), and administrative funds under sec16 tion 308(c) of the Goals 2000: Educate America Act.

17 ‘‘(b) USE OF FUNDS.—

18 ‘‘(1) IN GENERAL.—A State educational agency

19 shall use the amount available under this section for

20 the administration of the programs included in the

21 consolidation under subsection (a).

22 ‘‘(2) ADDITIONAL USES.—A State educational

23 agency may also use funds available under this sec24 tion for administrative activities designed to enhance

25 the effective and coordinated use of funds under the
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1 programs included in the consolidation under sub2 section (a), such as—

3 ‘‘(A) the coordination of such programs

4 with other Federal and non-Federal programs;

5 ‘‘(B) the establishment and operation of

6 peer-review mechanisms under this Act;

7 ‘‘(C) the administration of this title;

8 ‘‘(D) the dissemination of information re9 garding model programs and practices; and

10 ‘‘(E) technical assistance under programs

11 specified in subsection (a)(2).

12 ‘‘(c) RECORDS.—A State educational agency that con13 solidates administrative funds under this section shall not

14 be required to keep separate records, by individual program,

15 to account for costs relating to the administration of pro16 grams included in the consolidation under subsection (a).

17 ‘‘(d) REVIEW.—To determine the effectiveness of State

18 administration under this section, the Secretary may peri19 odically review the performance of State educational agen20 cies in using consolidated administrative funds under this

21 section and take such steps as the Secretary finds appro22 priate to ensure the effectiveness of such administration.

23 ‘‘(e) UNUSED ADMINISTRATIVE FUNDS.—If a State

24 educational agency does not use all of the funds available

25 to such agency under this section for administration, such
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1 agency may use such funds during the applicable period

2 of availability as funds available under one or more pro3 grams included in the consolidation under subsection (a).

4 ‘‘(f) CONSOLIDATION OF FUNDS FOR STANDARDS AND

5 ASSESSMENT DEVELOPMENT.—In order to develop State

6 content standards, State student performance standards, or

7 assessments, a State educational agency may consolidate

8 the amounts made available to such agency for such pur9 poses under title I of this Act and title III of the Goals

10 2000: Educate America Act.

11 ‘‘SEC. 10202. SINGLE LOCAL EDUCATIONAL AGENCY STATES.

12 ‘‘A State educational agency that also serves as a local

13 educational agency, in such agency’s applications or State

14 plans under this Act, shall describe how such agency will

15 eliminate duplication in the conduct of administrative

16 functions.

17 ‘‘SEC. 10203. CONSOLIDATION OF FUNDS FOR LOCAL AD18 MINISTRATION.

19 ‘‘(a) GENERAL AUTHORITY.—In accordance with regu20 lations issued by the Secretary, a local educational agency,

21 with the approval of its State educational agency, may con22 solidate and use for the administration of one or more cov23 ered programs for any fiscal year not more than the per24 centage, determined by its State educational agency, of the
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1 total amount available to that local educational agency

2 under those covered programs.

3 ‘‘(b) STATE PROCEDURES.—Within one year from the

4 date of enactment of the Improving America’s Schools Act

5 of 1994, a State educational agency, in collaboration with

6 local educational agencies in the State, shall establish proce7 dures for responding to requests from local educational

8 agencies to consolidate administrative funds under sub9 section (a) and for establishing limitations on the amount

10 of funds under covered programs that may be used for ad11 ministration on a consolidated basis.

12 ‘‘(c) CONDITIONS.—A local educational agency that

13 consolidates administrative funds under this section for any

14 fiscal year shall not use any other funds under the programs

15 included in the consolidation for administration for that

16 fiscal year.

17 ‘‘(d) USES OF ADMINISTRATIVE FUNDS.—A local edu18 cational agency that consolidates administrative funds

19 under this section may use such consolidated funds for the

20 administration of covered programs and for the purposes

21 described in section 10201(b)(2).

22 ‘‘(e) RECORDS.—A local educational agency that con23 solidates administrative funds under this section shall not

24 be required to keep separate records, by individual covered
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1 program, to account for costs relating to the administration

2 of covered programs included in the consolidation.

3 ‘‘SEC. 10204. ADMINISTRATIVE FUNDS STUDY.

4 ‘‘(a) STUDY.—

5 ‘‘(1) IN GENERAL.—The Secretary shall conduct

6 a study of the use of funds under this Act for the ad7 ministration, by State and local educational agencies,

8 of all covered programs, including the percentage of

9 grant funds used for such purpose in all covered pro10 grams.

11 ‘‘(2) RESULTS.—Based on the results of the

12 study described in paragraph (1), the Secretary shall,

13 within one year of the completion of such study, pro14 mulgate final regulations regarding the use of funds

15 for administration under all covered programs, in16 cluding the use of such funds on a consolidated basis

17 and limitations on the amount of such funds that

18 may be used for administration.

19 ‘‘(b) REPORT.—The Secretary shall complete the study

20 conducted under this section not later than 1 year after the

21 date of enactment of the Improving America’s Schools Act

22 of 1994 and shall submit to the President and the appro23 priate committees of the Congress a report regarding such

24 study within 30 days of the completion of such study.
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1 ‘‘SEC. 10205. CONSOLIDATED SET-ASIDE FOR DEPARTMENT

2 OF THE INTERIOR FUNDS.

3 ‘‘(a) GENERAL AUTHORITY.—

4 ‘‘(1) TRANSFER.—The Secretary shall transfer to

5 the Department of the Interior, as a consolidated

6 amount for covered programs, the Indian education

7 programs under part A of title VI of this Act, and the

8 education for homeless children and youth program

9 under subtitle B of title VII of the Stewart B. McKin10 ney Homeless Assistance Act, the amounts allotted to

11 the Department of the Interior under those programs.

12 ‘‘(2) AGREEMENT.—(A) The Secretary and the

13 Secretary of the Interior shall enter into an agree14 ment, consistent with the requirements of the pro15 grams specified in paragraph (1), for the distribution

16 and use of those funds under terms that the Secretary

17 determines best meet the purposes of those programs.

18 ‘‘(B) The agreement shall—

19 ‘‘(i) set forth the plans of the Secretary of

20 the Interior for the use of the amount trans21 ferred, the steps to be taken to achieve the Na22 tional Education Goals, and performance meas23 ures to assess program effectiveness, including

24 measurable goals and objectives; and

25 ‘‘(ii) be developed in consultation with In26 dian tribes.
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1 ‘‘(b) ADMINISTRATION.—The Department of the Inte2 rior may use not more than 1.5 percent of the funds consoli3 dated under this section for such department’s costs related

4 to the administration of the funds transferred under this

5 section.

6 ‘‘SEC. 10206. AVAILABILITY OF UNNEEDED PROGRAM

7 FUNDS.

8 ‘‘With the approval of its State educational agency,

9 a local educational agency that determines for any fiscal

10 year that funds under a covered program other than part

11 A of title I are not needed for the purpose of that covered

12 program may use such funds, not to exceed 5 percent of

13 the total amount of such local educational agency’s funds

14 under that covered program, for the purpose of another cov15 ered program.

16 ‘‘PART C—COORDINATION OF PROGRAMS; CON17 SOLIDATED STATE AND LOCAL APPLICA18 TIONS

19 ‘‘SEC. 10301. PURPOSE.

20 ‘‘It is the purpose of this part to improve teaching and

21 learning by encouraging greater cross-program coordina22 tion, planning, and service delivery under this Act and en23 hanced integration of programs under this Act with edu24 cational activities carried out with State and local funds.
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1 ‘‘SEC. 10302. OPTIONAL CONSOLIDATED STATE APPLICA2 TION.

3 ‘‘(a) GENERAL AUTHORITY.—

4 ‘‘(1) SIMPLIFICATION.—In order to simplify ap5 plication requirements and reduce burden for State

6 educational agencies under this Act, the Secretary, in

7 accordance with subsection (b), shall establish proce8 dures and criteria under which a State educational

9 agency may submit a consolidated State plan or ap10 plication meeting the requirements of this section for

11 each of the covered programs in which the State par12 ticipates.

13 ‘‘(2) ADDITIONAL PROGRAMS.—A State edu14 cational agency may also include in its consolidated

15 plan or application—

16 ‘‘(A) the Even Start program under part C

17 of title I;

18 ‘‘(B) the education for neglected and delin19 quent youth program under part E of title I;

20 ‘‘(C) part A of title II of the Carl D. Per21 kins Vocational and Applied Technology Edu22 cation Act; and

23 ‘‘(D) such other programs as the Secretary

24 may designate.

25 ‘‘(3) CONSOLIDATED APPLICATIONS AND

26 PLANS.—A State educational agency that submits a
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1 consolidated State plan or application under this sec2 tion shall not be required to submit separate State

3 plans or applications under any of the programs to

4 which the consolidated application under this section

5 applies.

6 ‘‘(b) COLLABORATION.—

7 ‘‘(1) IN GENERAL.—In establishing criteria and

8 procedures under this section, the Secretary shall col9 laborate with State educational agencies and, as ap10 propriate, with other State agencies, local educational

11 agencies, public and private nonprofit agencies, orga12 nizations, and institutions, private schools, and rep13 resentatives of parents, students, and teachers.

14 ‘‘(2) CONTENTS.—Through the collaborative

15 process described in subsection (b), the Secretary shall

16 establish, for each program under the Act to which

17 this section applies, the descriptions, information, as18 surances, and other material required to be included

19 in a consolidated State plan or application.

20 ‘‘SEC. 10303. GENERAL APPLICABILITY OF STATE EDU21 CATIONAL AGENCY ASSURANCES.

22 ‘‘(a) ASSURANCES.—A State educational agency that

23 submits a State plan or application under this Act, whether

24 separately or under section 10302, shall have on file with

25 the Secretary a single set of assurances, applicable to each
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1 program for which a plan or application is submitted, that

2 provides that—

3 ‘‘(1) each such program will be administered in

4 accordance with all applicable statutes, regulations,

5 program plans, and applications;

6 ‘‘(2)(A) the control of funds provided under each

7 such program and title to property acquired with

8 program funds will be in a public agency, in a non9 profit private agency, institution, or organization, or

10 in an Indian tribe if the statute authorizing the pro11 gram provides for assistance to such entities; and

12 ‘‘(B) the public agency, nonprofit private agen13 cy, institution, or organization, or Indian tribe will

14 administer such funds and property to the extent re15 quired by the authorizing statutes;

16 ‘‘(3) the State will adopt and use proper methods

17 of administering each such program, including—

18 ‘‘(A) the enforcement of any obligations im19 posed by law on agencies, institutions, organiza20 tions and other recipients responsible for carry21 ing out each program;

22 ‘‘(B) the correction of deficiencies in pro23 gram operations that are identified through au24 dits, monitoring, or evaluation; and
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1 ‘‘(C) the adoption of written procedures for

2 the receipt and resolution of complaints alleging

3 violations of law in the administration of such

4 programs;

5 ‘‘(4) the State will cooperate in carrying out any

6 evaluation of each such program conducted by or for

7 the Secretary or other Federal officials;

8 ‘‘(5) the State will use such fiscal control and

9 fund accounting procedures as will ensure proper dis10 bursement of, and accounting for, Federal funds paid

11 to the State under each such program;

12 ‘‘(6) the State will—

13 ‘‘(A) make reports to the Secretary as may

14 be necessary to enable the Secretary to perform

15 the Secretary’s duties under each such program;

16 and

17 ‘‘(B) maintain such records, provide such

18 information to the Secretary, and afford access

19 to the records as the Secretary may find nec20 essary to carry out the Secretary’s duties; and

21 ‘‘(7) before the application was submitted to the

22 Secretary, the State has afforded a reasonable oppor23 tunity for public comment on the application and has

24 considered such comment.
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1 ‘‘(b) GEPA PROVISION.—Section 435 of the General

2 Education Provisions Act does not apply to programs under

3 this Act.

4 ‘‘SEC. 10304. CONSOLIDATED LOCAL APPLICATIONS.

5 ‘‘(a) GENERAL AUTHORITY.—A local educational

6 agency receiving funds under more than one covered pro7 gram may submit plans or applications to the State edu8 cational agency under such programs on a consolidated

9 basis.

10 ‘‘(b) REQUIRED CONSOLIDATED APPLICATIONS.—A

11 State educational agency that has submitted and had ap12 proved a consolidated State plan or application under sec13 tion 10302 may require local educational agencies in the

14 State receiving funds under more than one program in15 cluded in the consolidated State plan or application to sub16 mit consolidated local plans or applications under such

17 programs.

18 ‘‘(c) COLLABORATION.—A State educational agency

19 shall collaborate with local educational agencies in the State

20 in establishing procedures for the submission of the consoli21 dated plans or applications under this section.

22 ‘‘SEC. 10305. OTHER GENERAL ASSURANCES.

23 ‘‘(a) ASSURANCES.—Any applicant other than a State

24 educational agency that submits a plan or application

25 under this Act, whether separately or pursuant to section
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1 10304, shall have on file with the State educational agency

2 a single set of assurances, applicable to each program for

3 which a plan or application is submitted, that provides

4 that—

5 ‘‘(1) each such program will be administered in

6 accordance with all applicable statutes, regulations,

7 program plans, and applications;

8 ‘‘(2)(A) the control of funds provided under each

9 such program and title to property acquired with

10 program funds will be in a public agency or in a

11 nonprofit private agency, institution, organization, or

12 Indian tribe, if the statute authorizing the program

13 provides for assistance to such entities; and

14 ‘‘(B) the public agency, nonprofit private agen15 cy, institution, or organization, or Indian tribe will

16 administer such funds and property to the extent re17 quired by the authorizing statutes;

18 ‘‘(3) the applicant will adopt and use proper

19 methods of administering each such program, includ20 ing—

21 ‘‘(A) the enforcement of any obligations im22 posed by law on agencies, institutions, organiza23 tions, and other recipients responsible for carry24 ing out each program; and
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1 ‘‘(B) the correction of deficiencies in pro2 gram operations that are identified through au3 dits, monitoring, or evaluation;

4 ‘‘(4) the applicant will cooperate in carrying out

5 any evaluation of each such program conducted by or

6 for the State educational agency or the Secretary or

7 other Federal officials;

8 ‘‘(5) the applicant will use such fiscal control

9 and fund accounting procedures as will ensure proper

10 disbursement of, and accounting for, Federal funds

11 paid to such applicant under each such program;

12 ‘‘(6) the applicant will—

13 ‘‘(A) make reports to the State educational

14 agency and the Secretary as may be necessary to

15 enable such agency and the Secretary to perform

16 their duties under each such program; and

17 ‘‘(B) maintain such records, provide such

18 information, and afford access to the records as

19 the State educational agency or the Secretary

20 may find necessary to carry out the State edu21 cational agency’s or the Secretary’s duties; and

22 ‘‘(7) before the plan or application was submit23 ted, the applicant is afforded a reasonable oppor24 tunity for public comment on the plan or application

25 and has considered such comment.
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1 ‘‘(b) GEPA PROVISION.—Section 436 of the General

2 Education Provisions Act does not apply to programs under

3 this Act.

4 ‘‘SEC. 10306. RELATIONSHIP OF STATE AND LOCAL PLANS

5 TO PLANS UNDER THE GOALS 2000: EDUCATE

6 AMERICA ACT.

7 ‘‘(a) STATE PLANS.—

8 ‘‘(1) IN GENERAL.—Each State plan submitted

9 under the following programs shall be integrated with

10 each other and the State’s plan, if any, either ap11 proved or being developed, under title III of the Goals

12 2000: Educate America Act:

13 ‘‘(A) Part A of title I (making high-poverty

14 schools work).

15 ‘‘(B) Part D of title I (education of migra16 tory children).

17 ‘‘(C) Part E of title I (education of ne18 glected and delinquent youth).

19 ‘‘(D) Part A of title II (professional devel20 opment).

21 ‘‘(E) Subpart 1 of part A of title V (safe

22 and drug-free schools).

23 ‘‘(F) Part D of title VI (Indian education).

24 ‘‘(2) SPECIAL RULE.—Notwithstanding any

25 other provision of this Act, if a requirement relating
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1 to a State plan referred to in paragraph (1) is al2 ready satisfied by the State’s approved plan under

3 title III of the Goals 2000: Educate America Act, the

4 State plan referred to in paragraph (1) need not sep5 arately address that requirement.

6 ‘‘(3) AMENDMENT.—Any State plan referred to

7 in paragraph (1) may, if necessary, be submitted as

8 an amendment to the State’s plan under title III of

9 the Goals 2000: Educate America Act.

10 ‘‘(b) LOCAL PLANS.—

11 ‘‘(1) IN GENERAL.—Each local educational agen12 cy plan submitted under the following programs shall

13 be integrated with each other and its plan, if any, ei14 ther approved or being developed, under title III of

15 the Goals 2000: Educate America Act:

16 ‘‘(A) Part A of title I (making high-poverty

17 schools work).

18 ‘‘(B) Part A of title II (professional develop19 ment).

20 ‘‘(C) Subpart 1 of part A of title V (safe

21 and drug-free schools).

22 ‘‘(D) Part A of title VI (Indian education).

23 ‘‘(E) Subpart 1 of part A of title VII (bilin24 gual education).
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1 ‘‘(F) Part B of title IX (emergency immi2 grant education).

3 ‘‘(2) PLAN OF OPERATION.—Each plan of oper4 ation included in an application submitted by an eli5 gible entity under part C of title I (Even Start) shall

6 be consistent with, and promote the goals of, the State

7 and local plans, either approved or being developed,

8 under title III of the Goals 2000: Educate America

9 Act or, if those plans are not approved or being devel10 oped, with the State and local plans under sections

11 1111 and 1112 of this Act.

12 ‘‘(3) SPECIAL RULE.—Notwithstanding any

13 other provision of this Act, if a requirement relating

14 to a local plan referred to in paragraph (1) is already

15 satisfied by the local educational agency’s approved

16 plan under title III of the Goals 2000: Educate Amer17 ica Act, the local plan referred to in paragraph (1)

18 need not separately address that requirement.

19 ‘‘(4) SUBMISSION.—Any local plan referred to in

20 paragraph (1) may, if necessary, be submitted as an

21 amendment to the local educational agency’s plan

22 under title III of the Goals 2000: Educate America

23 Act.
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1 ‘‘PART D—WAIVERS

2 ‘‘SEC. 10401. WAIVERS OF STATUTORY AND REGULATORY

3 REQUIREMENTS.

4 ‘‘(a) WAIVER AUTHORITY.—Except as provided in sub5 section (c), the Secretary may waive any requirement of

6 this Act or of the General Education Provisions Act, or of

7 the regulations issued under such Acts, for a State edu8 cational agency, local educational agency, Indian tribe, or

9 other agency, organization, or institution that receives

10 funds under a program authorized by this Act from the De11 partment and that requests such a waiver, if—

12 ‘‘(1) the Secretary determines that such require13 ment impedes the ability of the State educational

14 agency or other recipient to achieve more effectively

15 the purposes of this Act;

16 ‘‘(2) in the case of a waiver proposal submitted

17 by a State educational agency, the State educational

18 agency—

19 ‘‘(A) provides all interested local edu20 cational agencies in the State with notice and an

21 opportunity to comment on the proposal;

22 ‘‘(B) submits the comments to the Secretary;

23 and

24 ‘‘(C) provides notice and information to the

25 public regarding the waiver proposal in the

26 manner that such agency customarily provides
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1 similar notices and information to the public;

2 and

3 ‘‘(3) in the case of a waiver proposal submitted

4 by a local educational agency or other agency, insti5 tution, or organization that receives funds under this

6 Act from a State educational agency—

7 ‘‘(A) such request has been reviewed by the

8 State educational agency and is accompanied by

9 the comments, if any, of such State educational

10 agency; and

11 ‘‘(B) notice and information regarding the

12 waiver proposal has been provided to the public

13 by the agency, institution, or organization re14 questing the waiver in the manner that such

15 agency, institution, or organization customarily

16 provides similar notices and information to the

17 public.

18 ‘‘(b) WAIVER PERIOD.—

19 ‘‘(1) IN GENERAL.—A waiver under this section

20 shall be for a period not to exceed 4 years.

21 ‘‘(2) EXTENSION.—The Secretary may extend the

22 period described in paragraph (1) if the Secretary de23 termines that—

24 ‘‘(A) the waiver has been effective in ena25 bling the State or affected recipients to carry out
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1 the activities for which the waiver was requested

2 and the waiver has contributed to improved per3 formance; and

4 ‘‘(B) such extension is in the public interest.

5 ‘‘(c) WAIVERS NOT AUTHORIZED.—The Secretary may

6 not waive, under this section, any statutory or regulatory

7 requirement relating to—

8 ‘‘(1) comparability of services;

9 ‘‘(2) maintenance of effort;

10 ‘‘(3) the equitable participation of students at11 tending private schools;

12 ‘‘(4) parental participation and involvement;

13 ‘‘(5) the distribution of funds to States or to

14 local educational agencies or other recipients of funds

15 under this Act;

16 ‘‘(6) applicable civil rights requirements; or

17 ‘‘(7) the requirements of sections 438 and 439 of

18 the General Education Provisions Act.

19 ‘‘(d) TERMINATION OF WAIVERS.—The Secretary shall

20 terminate a waiver under this section if the Secretary deter21 mines that the performance of the State or other recipient

22 affected by the waiver has been inadequate to justify a con23 tinuation of the waiver or if the waiver is no longer nec24 essary to achieve its original purposes.
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1 ‘‘(e) PUBLICATION.—A notice of the Secretary’s deci2 sion to grant each waiver under subsection (a) shall be pub3 lished in the Federal Register and the Secretary shall pro4 vide for the dissemination of such notice to State edu5 cational agencies, interested parties, including educators,

6 parents, students, advocacy, and civil rights organizations,

7 other interested parties, and the public.

8 ‘‘PART E—UNIFORM PROVISIONS

9 ‘‘SEC. 10501. MAINTENANCE OF EFFORT.

10 ‘‘(a) IN GENERAL.—A local educational agency may

11 receive funds under a covered program for any fiscal year

12 only if the State educational agency finds that either the

13 combined fiscal effort per student or the aggregate expendi14 tures of that agency and the State with respect to the provi15 sion of free public education by that agency for the preced16 ing fiscal year was not less than 90 percent of such com17 bined fiscal effort or aggregate expenditures for the second

18 preceding fiscal year.

19 ‘‘(b) REDUCTION IN CASE OF FAILURE TO MEET.—

20 ‘‘(1) IN GENERAL.—The State educational agen21 cy shall reduce the amount of the allocation of funds

22 under a covered program in any fiscal year in the

23 exact proportion to which a local educational agency

24 fails to meet the requirement of subsection (a) by fall25 ing below 90 percent of both the combined fiscal effort
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1 per student and aggregate expenditures (using the

2 measure most favorable to such local agency).

3 ‘‘(2) SPECIAL RULE.—No such lesser amount

4 shall be used for computing the effort required under

5 subsection (a) for subsequent years.

6 ‘‘(c) WAIVER.—The Secretary may waive the require7 ments of this section if the Secretary determines that such

8 a waiver would be equitable due to—

9 ‘‘(1) exceptional or uncontrollable circumstances

10 such as a natural disaster; or

11 ‘‘(2) a precipitous decline in the financial re12 sources of the local educational agency.

13 ‘‘SEC. 10502. PROHIBITION REGARDING STATE AID.

14 ‘‘No State shall take into consideration payments

15 under this Act in determining the eligibility of any local

16 educational agency in that State for State aid, or the

17 amount of State aid, with respect to free public education

18 of children.

19 ‘‘SEC. 10503. PARTICIPATION BY PRIVATE SCHOOL CHIL20 DREN AND TEACHERS.

21 ‘‘(a) PRIVATE SCHOOL PARTICIPATION.—

22 ‘‘(1) IN GENERAL.—Except as otherwise provided

23 in this Act, to the extent consistent with the number

24 of eligible children in a State educational agency,

25 local educational agency, or intermediate educational
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1 agency or consortium receiving financial assistance

2 under a program specified in subsection (b), who are

3 enrolled in private elementary and secondary schools

4 in such agency or consortium, such agency or consor5 tium shall, after timely and meaningful consultation

6 with appropriate private school officials, provide such

7 children, their teachers, administrators, and other

8 staff, on an equitable basis, special educational serv9 ices or other benefits under such program.

10 ‘‘(2) SECULAR, NEUTRAL, AND NONIDEOLOGICAL

11 SERVICES OR BENEFITS.—Educational services or

12 other benefits, including materials and equipment,

13 provided under this section, must be secular, neutral,

14 and nonideological.

15 ‘‘(3) SPECIAL RULE.—Educational services and

16 other benefits provided under this section for such pri17 vate school children, teachers, and other educational

18 personnel shall be equitable in comparison to services

19 and other benefits for public school children, teachers,

20 administrators, and other staff participating in such

21 program.

22 ‘‘(4) EXPENDITURES.—Expenditures for edu23 cational services and other benefits provided under

24 this section to eligible private school children, their

25 teachers, and other educational personnel serving such
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1 children shall be equal, taking into account the num2 ber and educational needs of the children to be served,

3 to the expenditures for participating public school

4 children.

5 ‘‘(5) PROVISION OF SERVICES.—Such agency or

6 consortium may provide such services directly or

7 through contracts with public and private agencies,

8 organizations, and institutions.

9 ‘‘(b) APPLICABILITY.—

10 ‘‘(1) IN GENERAL.—This section applies to—

11 ‘‘(A) part A of title I;

12 ‘‘(B) part D of title I;

13 ‘‘(C) part A of title II (other than section

14 2114);

15 ‘‘(D) part A of title III;

16 ‘‘(E) part B of title III;

17 ‘‘(F) part D of title III;

18 ‘‘(G) subpart 1 of part A of title V (other

19 than section 5114);

20 ‘‘(H) title VII;

21 ‘‘(I) part B of title IX; and

22 ‘‘(J) title XIII.

23 ‘‘(2) DEFINITION.—For the purposes of this sec24 tion, the term ‘eligible children’ means children eligi-
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1 ble for services under a program described in para2 graph (1).

3 ‘‘(c) CONSULTATION.—

4 ‘‘(1) IN GENERAL.—To ensure timely and mean5 ingful consultation, such agency or consortium shall

6 consult with appropriate private school officials dur7 ing the design and development of the programs

8 under this Act, on issues such as—

9 ‘‘(A) how the children’s needs will be identi10 fied;

11 ‘‘(B) what services will be offered;

12 ‘‘(C) how and where the services will be pro13 vided; and

14 ‘‘(D) how the services will be assessed.

15 ‘‘(2) TIMING.—Such consultation shall occur be16 fore the agency or consortium makes any decision

17 that affects the opportunities of eligible private school

18 children, teachers, and other educational personnel to

19 participate in programs under this Act.

20 ‘‘(3) DISCUSSION REQUIRED.—Such consultation

21 shall include a discussion of service delivery mecha22 nisms that an agency or consortium could use to pro23 vide equitable services to eligible private school chil24 dren, teachers, administrators, and other staff.

25 ‘‘(d) PUBLIC CONTROL OF FUNDS.—
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1 ‘‘(1) IN GENERAL.—The control of funds used to

2 provide services under this section, and title to mate3 rials, equipment, and property purchased with such

4 funds, shall be in a public agency for the uses and

5 purposes provided in this Act, and a public agency

6 shall administer such funds and property.

7 ‘‘(2) PROVISION OF SERVICES.—(A) The provi8 sion of services under this section shall be provided—

9 ‘‘(i) by employees of a public agency; or

10 ‘‘(ii) through contract by such public agency

11 with an individual, association, agency, or orga12 nization.

13 ‘‘(B) In the provision of such services, such em14 ployee, person, association, agency, or organization

15 shall be independent of such private school and of any

16 religious organization, and such employment or con17 tract shall be under the control and supervision of

18 such public agency.

19 ‘‘(C) Funds used to provide services under this

20 section shall not be commingled with non-Federal

21 funds.

22 ‘‘SEC. 10504. STANDARDS FOR BY-PASS.

23 ‘‘If, by reason of any provision of law, a State, local,

24 or intermediate educational agency or consortium of such

25 agencies is prohibited from providing for the participation
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1 in programs of children enrolled in, or teachers or other

2 educational personnel from, private elementary and second3 ary schools, on an equitable basis, or if the Secretary deter4 mines that such agency or consortium has substantially

5 failed or is unwilling to provide for such participation, as

6 required by section 10503, the Secretary shall—

7 ‘‘(1) waive the requirements of that section for

8 such agency or consortium; and

9 ‘‘(2) arrange for the provision of equitable serv10 ices to such children, teachers, or other educational

11 personnel through arrangements that shall be subject

12 to the requirements of this section and of sections

13 10503, 10505, and 10506.

14 ‘‘SEC. 10505. COMPLAINT PROCESS FOR PARTICIPATION OF

15 PRIVATE SCHOOL CHILDREN.

16 ‘‘(a) PROCEDURES FOR COMPLAINTS.—The Secretary

17 shall develop and implement written procedures for receiv18 ing, investigating, and resolving complaints from parents,

19 teachers, or other individuals and organizations concerning

20 violations by an agency or consortium of section 10503 of

21 this Act. Such individual or organization shall submit such

22 complaint to the State educational agency for a written res23 olution by such agency within a reasonable period of time.

24 ‘‘(b) APPEALS TO THE SECRETARY.—Such resolution

25 may be appealed by an interested party to the Secretary
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1 within 30 days after the State educational agency resolves

2 the complaint or fails to resolve the complaint within a rea3 sonable period of time. Such appeal shall be accompanied

4 by a copy of the State educational agency’s resolution, and

5 a complete statement of the reasons supporting the appeal.

6 The Secretary shall investigate and resolve each such appeal

7 within 120 days after receipt of the appeal.

8 ‘‘SEC. 10506. BY-PASS DETERMINATION PROCESS.

9 ‘‘(a) REVIEW.—

10 ‘‘(1) IN GENERAL.—(A) The Secretary shall not

11 take any final action under section 10504 until the

12 agency or consortium affected by such action has had

13 an opportunity, for at least 45 days after receiving

14 written notice thereof, to submit written objections

15 and to appear before the Secretary to show cause why

16 that action should not be taken.

17 ‘‘(B) Pending final resolution of any investiga18 tion or complaint that could result in a determina19 tion under this section, the Secretary may withhold

20 from the allocation of the affected State or local edu21 cational agency the amount estimated by the Sec22 retary to be necessary to pay the cost of those services.

23 ‘‘(2) PETITION FOR REVIEW.—(A) If such af24 fected agency or consortium is dissatisfied with the

25 Secretary’s final action after a proceeding under
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1 paragraph (1), such agency or consortium may, with2 in 60 days after notice of such action, file with the

3 United States court of appeals for the circuit in

4 which such State is located a petition for review of

5 that action.

6 ‘‘(B) A copy of the petition shall be forthwith

7 transmitted by the clerk of the court to the Secretary.

8 ‘‘(C) The Secretary thereupon shall file in the

9 court the record of the proceedings on which the Sec10 retary based this action, as provided in section 2112

11 of title 28, United States Code.

12 ‘‘(3) FINDINGS OF FACT.—(A) The findings of

13 fact by the Secretary, if supported by substantial evi14 dence, shall be conclusive, but the court, for good

15 cause shown, may remand the case to the Secretary

16 to take further evidence and the Secretary may there17 upon make new or modified findings of fact and may

18 modify the Secretary’s previous action, and shall file

19 in the court the record of the further proceedings.

20 ‘‘(B) Such new or modified findings of fact shall

21 likewise be conclusive if supported by substantial evi22 dence.

23 ‘‘(4) JURISDICTION.—(A) Upon the filing of such

24 petition, the court shall have jurisdiction to affirm the
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1 action of the Secretary or to set it aside, in whole or

2 in part.

3 ‘‘(B) The judgment of the court shall be subject

4 to review by the Supreme Court of the United States

5 upon certiorari or certification as provided in section

6 1254 of title 28, United States Code.

7 ‘‘(b) DETERMINATION.—Any determination by the

8 Secretary under this section shall continue in effect until

9 the Secretary determines, in consultation with such agency

10 or consortium and representatives of the affected private

11 school children, teachers, or other educational personnel that

12 there will no longer be any failure or inability on the part

13 of such agency or consortium to meet the applicable require14 ments of section 10503 or any other provision of this Act.

15 ‘‘(c) PAYMENT FROM STATE ALLOTMENT.—When the

16 Secretary arranges for services pursuant to this section, the

17 Secretary shall, after consultation with the appropriate

18 public and private school officials, pay the cost of such serv19 ices, including the administrative costs of arranging for

20 those services, from the appropriate allocation or allocations

21 under this Act.

22 ‘‘(d) PRIOR DETERMINATION.—Any by-pass deter23 mination by the Secretary under this Act as in effect on

24 the day preceding the date of enactment of the Improving

25 America’s Schools Act of 1994 shall remain in effect to the
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1 extent the Secretary determines that such determination is

2 consistent with the purpose of this section.

3 ‘‘SEC. 10507. PROHIBITION AGAINST FUNDS FOR RELIGIOUS

4 WORSHIP OR INSTRUCTION.

5 ‘‘Nothing contained in this Act shall be construed to

6 authorize the making of any payment under this Act for

7 religious worship or instruction.

8 ‘‘PART F—OTHER PROVISIONS

9 ‘‘SEC. 10601. STATE RECOGNITION OF EXEMPLARY PER10 FORMANCE.

11 ‘‘(a) RECOGNITION.—

12 ‘‘(1) IN GENERAL.—A State educational agency

13 may implement a program of State recognition

14 awards under one or more covered programs (other

15 than parts A and C of title I).

16 ‘‘(2) RECIPIENTS.—Such recognition awards

17 shall be made by the State educational agency to re18 cipients of assistance under this Act in the State that

19 the State educational agency determines have carried

20 out grant-related activities in an exemplary fashion

21 and have demonstrated outstanding performance

22 measured in accordance with this section.

23 ‘‘(3) FUNDING.—A State desiring to make mone24 tary awards under this section may reserve a portion

25 of the total amount available for grants within the
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1 State under such programs for any fiscal year, not to

2 exceed 1 percent, for the purpose of making recogni3 tion awards to qualifying recipients under such pro4 grams. In implementing this section, a State may re5 duce the amount of funds the State would otherwise

6 allocate to recipients in accordance with the applica7 ble statute governing such allocation to the extent nec8 essary.

9 ‘‘(b) CONDITIONS.—A State educational agency may

10 make recognition awards under this section if—

11 ‘‘(1) in selecting awardees, such agency takes

12 into account improvements in performance (rather

13 than comparisons with other schools and school dis14 tricts), and successful cooperative efforts among teach15 ers, administrators, and other school personnel in

16 achieving educational reform;

17 ‘‘(2) such agency employs peer review procedures

18 in identifying recipients eligible for awards, the iden19 tity of the awardees, and the amount of the awards;

20 ‘‘(3) such agency determines that the awardee is

21 in compliance with applicable civil rights require22 ments; and

23 ‘‘(4) such agency submits to the Secretary a de24 scription of the criteria used in making such awards.
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1 ‘‘SEC. 10602. APPLICABILITY TO HOME SCHOOLS.

2 ‘‘Nothing in this Act shall be construed to affect home

3 schools.

4 ‘‘SEC. 10603. GENERAL PROVISION REGARDING NONRECIP5 IENT NONPUBLIC SCHOOLS.

6 ‘‘Nothing in this Act shall be construed to permit,

7 allow, encourage, or authorize any Federal control over any

8 aspect of any private, religious, or home school, whether or

9 not a home school is treated as a private school or home

10 school under State law. This section shall not be construed

11 to bar private, religious, or home schools from participation

12 in programs or services under this Act.

13 ‘‘SEC. 10604. PROHIBITION ON FEDERAL MANDATES, DIREC14 TION, AND CONTROL.

15 ‘‘Nothing in this Act shall be construed to authorize

16 an officer or employee of the Federal Government to man17 date, direct, or control a State, local educational agency,

18 or school’s curriculum, program of instruction, or allocation

19 of State or local resources, or mandate a State or any sub20 division thereof to spend any funds or incur any costs not

21 paid for under this Act.

22 ‘‘SEC. 10605. REPORT.

23 ‘‘The Secretary shall report to the Congress within 180

24 days of the date of enactment of the Improving America’s

25 Schools Act of 1994 regarding how the Secretary shall en26 sure that audits conducted by Department employees of ac-
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1 tivities assisted under this Act comply with changes to this

2 Act made by the Improving America’s Schools Act of 1994,

3 particularly with respect to permitting children with simi4 lar educational needs to be served in the same educational

5 settings, where appropriate.

6 ‘‘SEC. 10606. REQUIRED PARTICIPATION PROHIBITED.

7 ‘‘Notwithstanding any other provision of law, no State

8 shall be required to participate in any program under the

9 Goals 2000: Education America Act, or to have content

10 standards or student performance standards approved or

11 certified under such Act, in order to receive assistance under

12 this Act.

13 ‘‘SEC. 10607. SCHOOL PRAYER

14 ‘‘Any State or local education agency that is adjudged

15 by a Federal court of competent jurisdiction to have will16 fully violated a Federal court order mandating that such

17 local educational agency remedy a violation of the constitu18 tional right of any student with respect to prayer in public

19 schools, in addition to any other judicial remedies, shall

20 be ineligible to receive Federal funds until such time as the

21 local educational agency complies with such order. Funds

22 that are withheld under this section shall not be reimbursed

23 for the period during which the local educational agency

24 was in willful noncompliance.
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1 ‘‘SEC. 10608. PRIVATELY MANAGED SCHOOLS.

2 ‘‘Nothing in this Act shall be construed to deny States

3 or local educational agencies the opportunity to use Federal

4 funds to contract with private management firms.

5 ‘‘SEC. 10609. POLICY REGARDING CRIMINAL JUSTICE SYS6 TEM REFERRAL.

7 ‘‘(a) IN GENERAL.—No funds shall be made available

8 under this Act to any local educational agency unless such

9 agency has a policy requiring referral to the criminal jus10 tice or juvenile delinquency system of any student who

11 brings a firearm or weapon to a school served by such agen12 cy.

13 ‘‘(b) DEFINITIONS.—For the purpose of this section,

14 the terms ‘firearm’ and ‘school’ have the same meaning

15 given to such terms by section 921(a) of title 18, United

16 States Code.

17 ‘‘PART G—EVALUATIONS

18 ‘‘SEC. 10701. EVALUATIONS.

19 ‘‘(a) EVALUATIONS.—

20 ‘‘(1) IN GENERAL.—Except as provided in para21 graph (2), the Secretary is authorized to reserve not

22 more than 0.50 percent of the amount appropriated

23 to carry out each program authorized under this

24 Act—
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1 ‘‘(A) to carry out program evaluations and

2 studies of program effectiveness under this Act in

3 accordance with subsection (b);

4 ‘‘(B) to evaluate the aggregate short- and

5 long-term effects and cost efficiencies across Fed6 eral programs authorized under this Act and re7 lated preschool, elementary and secondary Fed8 eral programs under other Federal law;

9 ‘‘(C) to evaluate the short- and long-term ef10 fects of demonstration projects that show the

11 most promise of enabling children served under

12 this Act to meet challenging standards in accord13 ance with subsection (c); and

14 ‘‘(D) to strengthen the usefulness of grant

15 recipient evaluations for continuous program

16 progress through improving the quality, timeli17 ness, efficiency, and utilization of program infor18 mation on program performance.

19 ‘‘(2) SPECIAL RULE.—(A) Paragraph (1) shall

20 not apply to any program under title I.

21 ‘‘(B) If funds are made available under any pro22 gram assisted under this Act (other than a program

23 under title I) for evaluation activities, then the Sec24 retary shall use such funds to carry out paragraph

25 (1).
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1 ‘‘(b) NATIONAL EVALUATIONS.—

2 ‘‘(1) IN GENERAL.—The Secretary shall use not

3 more than 90 percent of the funds made available

4 under subsection (a) to carry out—

5 ‘‘(A) independent studies of programs au6 thorized under this Act that are coordinated with

7 research supported through the Office of Edu8 cational Research and Improvement, and use

9 rigorous methodological designs and techniques,

10 including longitudinal designs, control groups,

11 and random assignment as appropriate, to deter12 mine—

13 ‘‘(i) the success of such programs in

14 meeting the measurable goals and objectives,

15 through appropriate targeting, quality serv16 ices, and efficient administration, and in

17 contributing to achieving the National Edu18 cation Goals, with a priority on assessing

19 program impact on student performance;

20 ‘‘(ii) the short- and long-term effects of

21 program participation on program partici22 pants, as appropriate;

23 ‘‘(iii) the cost and efficiency of such

24 programs; and
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1 ‘‘(iv) to the extent feasible, the cost of

2 serving all students eligible to be served

3 under such programs;

4 ‘‘(B) in collaboration with the national as5 sessment conducted pursuant to section 1601,

6 conduct a comprehensive evaluation of how the

7 Federal Government has assisted the States to re8 form their educational systems through the var9 ious education laws enacted during the 103d

10 Congress, which evaluation shall—

11 ‘‘(i) encompass the changes made in

12 Federal programs pursuant to the Improv13 ing America’s Schools Act of 1994 as well

14 as in any other law enacted during the

15 103d Congress that amended a Federal pro16 gram assisting preelementary, elementary,

17 or secondary education;

18 ‘‘(ii) encompass new initiatives such as

19 initiatives under the Goals 2000: Educate

20 America Act, and the School-to-Work Op21 portunities Act of 1994, and be coordinated

22 with evaluations of such Acts;

23 ‘‘(iii) include a comprehensive review

24 of the programs developed under the Acts
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1 described in clauses (i) and (ii) to deter2 mine such programs’ overall effect on—

3 ‘‘(I) the readiness of children for

4 schooling;

5 ‘‘(II) the improvement in edu6 cational attainment of students in ele7 mentary and secondary education; and

8 ‘‘(III) the improvement in skills

9 needed by students to obtain employ10 ment or pursue further education upon

11 completion of secondary school or fur12 ther education;

13 ‘‘(iv) include a comprehensive review of

14 the programs under the Acts described in

15 clauses (i) and (ii) to determine such pro16 grams’ overall effect—

17 ‘‘(I) on school reform efforts un18 dertaken by States; and

19 ‘‘(II) on student populations that

20 have been the traditional beneficiaries

21 of Federal assistance in order to deter22 mine whether such population’s edu23 cational attainment has been improved

24 as a result of such programs;
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1 ‘‘(v) evaluate how the National Assess2 ment Governing Board, the Advisory Coun3 cil on Education Statistics, the National

4 Education Goals Panel, and the National

5 Education Statistics and Improvement

6 Council (and any other Federal board estab7 lished to analyze, address, or approve edu8 cation standards and assessments) coordi9 nate, interact, or duplicate efforts to assist

10 the States in reforming the educational sys11 tems of States; and

12 ‘‘(vi) include a review of the programs

13 under the Acts described in clauses (i) and

14 (ii) in such detail as the Secretary deems

15 appropriate, and may involve cooperation

16 with other Federal departments and agen17 cies in order to incorporate evaluations and

18 recommendations of such departments and

19 agencies; and

20 ‘‘(C) a study of the waivers granted under

21 section 10401, which study shall include—

22 ‘‘(i) data on the total number of waiver

23 requests that were granted and the total

24 number of such requests that were denied,

25 disaggregated by the statutory or regulatory
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1 requirement for which the waivers were re2 quested; and

3 ‘‘(ii) an analysis, based on an appro4 priate sample of agencies, tribes, organiza5 tions, and institutions receiving waivers, of

6 the effectiveness of such waivers in improv7 ing student performance outcomes.

8 ‘‘(2) INDEPENDENT PANEL.—The Secretary shall

9 appoint an independent panel to review the plan for

10 the evaluation described in paragraph (1), to advise

11 the Secretary on such evaluation’s progress, and to

12 comment, if the panel so wishes, on the final report

13 described in paragraph (3).

14 ‘‘(3) REPORT.—The Secretary shall submit a

15 final report on the evaluation described in this sub16 section by January 1, 1998, to the Committee on

17 Education and Labor of the House of Representatives

18 and to the Committee on Labor and Human Re19 sources of the Senate.

20 ‘‘(c) EVALUATION OF DEMONSTRATIONS OF INNOVA21 TIVE PRACTICES.—The Secretary shall use at least 10 per22 cent of funds reserved under subsection (a) for evaluation

23 of demonstration projects assisted under this Act in order

24 to improve student achievement. Such evaluation shall—
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1 ‘‘(1) identify specific intervention strategies and

2 implementation of such strategies that, based on the3 ory, research and evaluation, offer the promise of im4 proved achievement of program objectives;

5 ‘‘(2) use rigorous methodological designs and

6 techniques, including longitudinal designs, control

7 groups, and random assignment, to the extent feasible,

8 to produce reliable evidence of effectiveness;

9 ‘‘(3) assess at the end the reauthorization period

10 of each demonstration project the knowledge gained in

11 identifying and disseminating effective management

12 and educational practices; and

13 ‘‘(4) to the extent feasible, the cost of serving all

14 students eligible to be served under such demonstra15 tion projects.

16 ‘‘(d) RECIPIENT EVALUATION AND QUALITY ASSUR17 ANCE IMPROVEMENT.—The Secretary is authorized to pro18 vide guidance, technical assistance, and model programs to

19 recipients of assistance under this Act to strengthen infor20 mation for quality assurance and performance information

21 feedback at State and local levels. Such guidance and assist22 ance shall promote the development, measurement and re23 porting of valid, reliable, timely and consistent performance

24 indicators within a program in order to promote continu-
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1 ous program improvement. Nothing in this subsection shall

2 be construed to establish a national data system.

3 ‘‘TITLE XI—CULTURAL PARTNER4 SHIPS FOR AT-RISK CHIL5 DREN AND YOUTH

6 ‘‘SEC. 11101. SHORT TITLE.

7 ‘‘This title may be cited as the ‘Cultural Partnerships

8 for At-Risk Children and Youth Act of 1994’.

9 ‘‘SEC. 11102. FINDINGS.

10 ‘‘The Congress finds that—

11 ‘‘(1) with local school budget cuts there are inad12 equate arts and cultural programs available for chil13 dren and youth in schools, especially at the elemen14 tary school level;

15 ‘‘(2) children and youth who receive instruction

16 in the arts and humanities, or who are involved in

17 cultural activities, remain in school longer and are

18 more successful than children who do not receive such

19 instruction;

20 ‘‘(3) school-university partnerships that upgrade

21 teacher training in the arts and humanities have sig22 nificantly contributed to improved instruction and

23 achievement levels of school-aged children; and

24 ‘‘(4) museum outreach, cultural activities and

25 informal education for at-risk children and youth
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1 have contributed significantly to the educational

2 achievement and enhanced interest in learning of at3 risk children and youth.

4 ‘‘SEC. 11103. DEMONSTRATION PROGRAM.

5 ‘‘(a) GRANTS AUTHORIZED.—

6 ‘‘(1) GRANT FROM SECRETARY.—(A) The Sec7 retary, by grant, shall award all funds appropriated

8 under section 11108 to the Committee established

9 under subsection (b) to enable such Committee to

10 award subgrants in accordance with paragraph (2).

11 ‘‘(B) The Committee established under subsection

12 (b) may reserve not more than 5 percent of the grant

13 funds received under paragraph (1) in each fiscal

14 year for the costs of administration.

15 ‘‘(2) SUBGRANTS.—(A) From grant funds re16 ceived under paragraph (1)(A) and not reserved

17 under paragraph (1)(B), the Committee established

18 under subsection (b) shall award subgrants to eligible

19 entities to enable such entities to improve the edu20 cational performance and potential of at-risk children

21 and youth by providing comprehensive and coordi22 nated educational and cultural services to such chil23 dren and youth.

24 ‘‘(B) Each eligible recipient may reserve not

25 more than 5 percent of any subgrant funds received
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1 under this part in each fiscal year for the costs of ad2 ministration.

3 ‘‘(3) ELIGIBLE ENTITIES.—For purposes of this

4 title, the term ‘eligible entity’ means—

5 ‘‘(A) for purposes of determining eligibility

6 for a subgrant under this title to serve in-school

7 children and youth, a partnership between—

8 ‘‘(i) a local educational agency or an

9 individual school that is eligible to partici10 pate in a schoolwide program under section

11 1114; and

12 ‘‘(ii) at least 1 institution of higher

13 education, museum, local arts agency, or

14 cultural entity that is accessible to individ15 uals within the school district of such local

16 educational agency or school, and that has

17 a history of providing quality services to the

18 community, which may include—

19 ‘‘(I) a nonprofit institution of

20 higher education, local arts agency,

21 cultural institution, or zoological or

22 botanical facility; or

23 ‘‘(II) a private for-profit entity

24 with an effective history of training
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1 children and youth in the arts or hu2 manities; and

3 ‘‘(B) for purposes of determining eligibility

4 for a subgrant under this title to serve out-of5 school youth, a partnership between—

6 ‘‘(i) at least 1 entity described in

7 clause (i) or (ii) of subparagraph (A); and

8 ‘‘(ii) at least 1 entity described in

9 clause (ii) of subparagraph (A).

10 ‘‘(b) NATIONAL COMMITTEE ON CULTURAL PARTNER11 SHIPS FOR AT-RISK CHILDREN AND YOUTH.—

12 ‘‘(1) ESTABLISHMENT.—There is established a

13 committee to be known as the National Committee on

14 Cultural Partnerships for At-Risk Children and

15 Youth (referred to in this title as the ‘Committee’).

16 ‘‘(2) MEMBERSHIP.—The Committee shall be

17 comprised of 8 members, of whom—

18 ‘‘(A) 2 members shall be appointed by the

19 Secretary of Education;

20 ‘‘(B) 2 members shall be appointed by the

21 Chairperson of the National Endowment for the

22 Humanities;

23 ‘‘(C) 2 members shall be appointed by the

24 Chairperson of the National Endowment for the

25 Arts; and
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1 ‘‘(D) 2 members shall be appointed by the

2 Director of the Institute of Museum Services.

3 ‘‘(c) AWARD OF SUBGRANTS.—

4 ‘‘(1) IN GENERAL.—The Committee shall award

5 subgrants under this title to eligible entities seeking to

6 carry out programs designed to—

7 ‘‘(A) promote and enhance educational and

8 cultural activities;

9 ‘‘(B) provide integration of community cul10 tural resources into the regular curriculum and

11 school day;

12 ‘‘(C) focus school and cultural resources in

13 the community on coordinated cultural services

14 to address the needs of at-risk children and

15 youth;

16 ‘‘(D) provide effective cultural programs to

17 facilitate the transition from preschool programs

18 to elementary school programs, including pro19 grams under the Head Start Act and part H of

20 the Individuals with Disabilities Education Act;

21 ‘‘(E) facilitate school-to-work transition

22 from secondary schools and alternative schools to

23 job training, higher education, and employment

24 through educational programs and activities that

25 utilize school resources;
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1 ‘‘(F) increase parental and community in2 volvement in the educational, social, and cul3 tural development of at-risk children and youth;

4 or

5 ‘‘(G) develop programs and strategies

6 that—

7 ‘‘(i) provide high-quality coordinated

8 educational and cultural services; and

9 ‘‘(ii) are designed to integrate such co10 ordination into the regular curriculum and

11 to replicate the services in other schools.

12 ‘‘(2) SPECIAL RULE.—Subgrants awarded under

13 this title shall be of sufficient size, scope, and quality

14 to be effective.

15 ‘‘(3) COORDINATION.—(A) The Committee shall

16 award subgrants under this title only to eligible enti17 ties that agree to coordinate activities carried out

18 under this part with other Federal, State, and local

19 programs designed to serve the purposes and target

20 populations described in this title.

21 ‘‘(B) The Committee shall award subgrants

22 under this title so as to ensure nonduplication of serv23 ices provided by subgrant recipients and services pro24 vided by—
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1 ‘‘(i) the National Endowment for the Hu2 manities;

3 ‘‘(ii) the National Endowment for the Arts;

4 and

5 ‘‘(iii) the Institute for Museum Services.

6 ‘‘(4) GEOGRAPHIC DISTRIBUTION.—In awarding

7 subgrants under this title the Committee, to the extent

8 feasible, shall ensure an equitable geographic distribu9 tion of such subgrants.

10 ‘‘(5) PRIORITY.—In awarding subgrants under

11 this title the Committee may give priority to eligible

12 entities that provide comprehensive services that ex13 tend beyond traditional school or service hours.

14 ‘‘(6) RENEWAL.—The recipient of a subgrant

15 under this title may be eligible for funding for a max16 imum of 5 years, if the Committee determines that the

17 eligible recipient has made satisfactory progress to18 ward the achievement of the program goals described

19 in the application.

20 ‘‘(7) CRITERIA AND PROCEDURES.—The Com21 mittee shall establish and transmit to the Secretary

22 criteria and procedures for awarding subgrants under

23 this title. The Secretary shall publish such criteria

24 and procedures in the Federal Register.

25 ‘‘(d) APPLICATION.—
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1 ‘‘(1) IN GENERAL.—Each eligible entity seeking

2 a subgrant under this title shall submit an applica3 tion to the Committee at such time, in such manner,

4 and accompanied by such information as the Com5 mittee may reasonably require.

6 ‘‘(2) CONTENTS.—Each application submitted to

7 the Committee pursuant to paragraph (1) shall—

8 ‘‘(A) describe the cultural entity or entities

9 that will participate in the partnership;

10 ‘‘(B) describe the target population to be

11 served;

12 ‘‘(C) describe the services to be provided;

13 ‘‘(D) describe a plan for evaluating the suc14 cess of the program;

15 ‘‘(E) in the case of each local educational

16 agency or school participating in the eligible re17 cipient partnership, describe how the activities

18 assisted under this title will be perpetuated be19 yond the duration of the subgrant;

20 ‘‘(F) describe the manner in which the eligi21 ble entity will seek to improve the educational

22 achievement or future potential of at-risk chil23 dren and youth through more effective coordina24 tion of cultural services in the community;
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1 ‘‘(G) describe the overall and operational

2 goals of the program; and

3 ‘‘(H) describe training that will be provided

4 to individuals who are not trained to work with

5 children and youth, and how teachers will be in6 volved.

7 ‘‘(e) TARGET POPULATION.—To be eligible for a

8 subgrant under this title, an eligible entity shall serve—

9 ‘‘(1) students enrolled in schools participating in

10 a schoolwide program under section 1114 and the

11 families of such students to the extent practicable;

12 ‘‘(2) out-of-school children and youth at risk of

13 disadvantages resulting from teenage parenting, sub14 stance abuse, recent migration, disability, limited15 English proficiency, illiteracy, being the child of a

16 teenage parent, living in a single parent household, or

17 dropping out of school; or

18 ‘‘(3) any combination of in-school and out-of19 school at-risk children and youth.

20 ‘‘SEC. 11104. AUTHORIZED ACTIVITIES.

21 ‘‘(a) IN GENERAL.—Subgrants awarded under this

22 title may be used—

23 ‘‘(1) to plan, develop, acquire, expand, and im24 prove school-based or community-based coordinated

25 educational and cultural programs to strengthen the
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1 educational performance and future potential of in2 school or out-of-school at-risk children and youth

3 through grants, cooperative agreements, contracts for

4 services, or administrative coordination;

5 ‘‘(2) to provide at-risk students with integrated

6 cultural activities designed to develop a love of learn7 ing that fosters the smooth transition of preschool

8 children to elementary school;

9 ‘‘(3) to design collaborative cultural activities for

10 students in secondary or alternative schools that en11 sure the smooth transition to job training, higher edu12 cation, or full employment;

13 ‘‘(4) to provide child care for children of at-risk

14 students who would not otherwise be able to partici15 pate in the program;

16 ‘‘(5) to provide transportation necessary for par17 ticipation in the program;

18 ‘‘(6) to develop curriculum materials in the arts;

19 ‘‘(7) for staff development activities that encour20 age the integration of the arts into the curriculum;

21 ‘‘(8) for stipends that allow local arts and hu22 manities professionals to work with at-risk children

23 and youth in schools;

24 ‘‘(9) for training individuals who are not

25 trained to work with children and youth;
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1 ‘‘(10) for cultural programs that encourage the

2 active participation of parents in the education of

3 their children;

4 ‘‘(11) for programs that use the arts and culture

5 to reform current school practices, including lengthen6 ing the school day or academic year;

7 ‘‘(12) for equipment or supplies that the Com8 mittee determines appropriate; and

9 ‘‘(13) for evaluation, administration, and super10 vision.

11 ‘‘(b) TEACHERS.—Each recipient of a subgrant under

12 this title serving in-school children and youth shall carry

13 out the activities described in the application with the in14 volvement of a certified teacher or trained instructor.

15 ‘‘SEC. 11105. PLANNING SUBGRANTS.

16 ‘‘(a) IN GENERAL.—The Committee may award plan17 ning subgrants to eligible entities under this title.

18 ‘‘(b) AMOUNT.—A planning subgrant shall be in an

19 amount not to exceed $50,000.

20 ‘‘(c) DURATION.—A planning subgrant shall be for a

21 period of not more than 1 year.

22 ‘‘(d) LIMITATIONS.—An eligible entity may receive not

23 more than 1 planning subgrant under this section.
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1 ‘‘SEC. 11106. PAYMENTS; AMOUNTS OF AWARD; COST SHARE;

2 LIMITATIONS.

3 ‘‘(a) PAYMENTS.—The Secretary shall pay to each eli4 gible entity having an application approved under section

5 11103, the Federal share of the cost of the activities de6 scribed in the application.

7 ‘‘(b) COST SHARE.—

8 ‘‘(1) FEDERAL SHARE.—The Federal share of a

9 subgrant under this title shall be 80 percent of the

10 cost of carrying out the activities described in the ap11 plication.

12 ‘‘(2) NON-FEDERAL SHARE.—The non-Federal

13 share of a subgrant under this title shall be 20 per14 cent of the cost of carrying out the activities described

15 in the application and may be in cash or in kind,

16 fairly evaluated, including the provision of equip17 ment, services, or facilities.

18 ‘‘(c) LIMITATIONS.—

19 ‘‘(1) NONINSTRUCTIONAL SERVICES.—Not more

20 than 25 percent of the subgrant funds provided in

21 any fiscal year under this title may be used for

22 noninstructional activities such as the activities de23 scribed in paragraphs (4), (5), and (12) of section

24 11104(a).

25 ‘‘(2) SUPPLEMENT AND NOT SUPPLANT.—

26 Subgrant funds awarded under this title shall be used
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1 to supplement and not supplant the amount of funds

2 made available from non-Federal sources, for the ac3 tivities assisted under this title.

4 ‘‘SEC. 11107. MODELS.

5 ‘‘The Secretary, in consultation with the Committee,

6 shall disseminate information concerning successful models

7 under this title through the National Diffusion Network.

8 ‘‘SEC. 11108. AUTHORIZATION OF APPROPRIATIONS.

9 ‘‘(a) AUTHORIZATION.—Subject to subsection (b), there

10 are authorized to be appropriated to carry out this title,

11 $20,000,000 for fiscal year 1995, and such sums as may

12 be necessary for each of the 4 succeeding fiscal years.

13 ‘‘(b) LIMITATIONS.—

14 ‘‘(1) CONTINGENT APPROPRIATIONS.—Notwith15 standing any other provision of law, no amounts

16 shall be made available to carry out this title in any

17 fiscal year unless there is appropriated—

18 ‘‘(A) not less than $177,000,000 for the Na19 tional Endowment for the Humanities under the

20 National Foundation on the Arts and the Hu21 manities Act of 1965;

22 ‘‘(B) not less than $170,000,000 for the Na23 tional Endowment for the Arts under such Act;

24 and
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1 ‘‘(C) not less than $28,000,000 for the Insti2 tute for Museum Services under the Museum

3 Services Act.

4 ‘‘(2) PLANNING SUBGRANTS.—Not more than 10

5 percent of the amount appropriated in each fiscal

6 year pursuant to subsection (a) shall be used for plan7 ning subgrants under section 11105.

8 ‘‘TITLE XII—DISCLOSURE

9 REQUIREMENTS

10 ‘‘SEC. 12001. DEFINITIONS.

11 ‘‘As used in this title:

12 ‘‘(1) DISABILITY.—The term ‘disability’ has the

13 same meaning given to such term by section 3(2) of

14 the Americans with Disabilities Act of 1990.

15 ‘‘(2) EDUCATIONAL ORGANIZATION.—(A) Except

16 as provided in subparagraphs (B) and (C), the term

17 ‘educational organization’ means any organization or

18 entity that—

19 ‘‘(i) provides an educational program for a

20 fee; and

21 ‘‘(ii) recruits students through means such

22 as commercial media, direct mailings, school re23 cruitment programs, school administrators,

24 teachers or staff, or current or former partici-
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1 pants in an educational program offered by such

2 organization or entity.

3 ‘‘(B) Such term does not include—

4 ‘‘(i) a local educational agency, a State

5 educational agency, a State department of edu6 cation, or an elementary or secondary school;

7 ‘‘(ii) an institution of higher education; or

8 ‘‘(iii) a local organization sponsored by an

9 elementary or secondary school, a recreational

10 organization, an entertainment organization, a

11 local sports activity group, or a social club.

12 ‘‘(C) For the purpose of section 12002 only, such

13 term—

14 ‘‘(i) except as provided in clause (ii), does

15 not include an organization or entity that pro16 vides an educational program if such organiza17 tion or entity recruits, for participation in such

18 program, solely through a local school official;

19 and

20 ‘‘(ii) includes any such organization or en21 tity that offers a local school official, teacher or

22 other school personnel compensation or any other

23 benefit for such recruitment, except that payment

24 of the expenses incurred by a local school official,

25 teacher or other school personnel in performing
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1 chaperone activities related to such program

2 shall not be considered compensation or a benefit

3 for such recruitment.

4 ‘‘(3) EDUCATIONAL PROGRAM.—(A) Except as

5 provided in subparagraph (B), the term ‘educational

6 program’ means a special honors program, seminar,

7 citizenship experience, government study program,

8 educational vacation, student exchange program, or

9 other educational experience or honor—

10 ‘‘(i) that is generally directed toward mi11 nors or secondary school students;

12 ‘‘(ii) for which a tuition or enrollment fee

13 is charged;

14 ‘‘(iii) that is offered away from a student’s

15 regular place of school attendance;

16 ‘‘(iv) that includes not less than 1 super17 vised night away from home; and

18 ‘‘(v) that is intended to enhance a student’s

19 regular course of study.

20 ‘‘(B) Such term does not include a recreational

21 program, or a social or religious activity.

22 ‘‘(4) LOCAL SCHOOL OFFICIAL.—The term ‘local

23 school official’ means the highest administrative offi24 cial serving a school district, or such individual’s des25 ignee.
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1 ‘‘(5) MINOR.—The term ‘minor’ means an indi2 vidual who has not attained the age of 18.

3 ‘‘(6) MEMBERSHIP ORGANIZATION.—The term

4 ‘membership organization’ includes any organization

5 that maintains a membership list or collects dues or

6 membership fees from its members.

7 ‘‘(7) RECREATIONAL ORGANIZATION.—The term

8 ‘recreational organization’ includes any organization

9 or entity that has as its primary function pleasure,

10 amusement, or sports activities.

11 ‘‘(8) RECREATIONAL PROGRAM.—The term ‘rec12 reational program’ includes any activity or service

13 that is intended as an entertainment pastime.

14 ‘‘SEC. 12002. DISCLOSURE REQUIREMENTS.

15 ‘‘Each educational organization, prior to enrolling a

16 minor and prior to accepting funds for the cost of a minor’s

17 participation in an educational program operated by such

18 organization, shall disclose the following information in

19 written form to the minor or the minor’s parent:

20 ‘‘(1) METHOD OF SOLICITATION AND SELEC21 TION.—The method of solicitation and selection of

22 participants in the educational program, including—

23 ‘‘(A) the origin of any mailing list used for

24 such solicitation and selection;
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1 ‘‘(B) any recruitment through a local school

2 official, teacher or school personnel, including

3 any compensation or other benefit offered to such

4 official, teacher or personnel for the recommenda5 tion of a minor for participation in the edu6 cational program;

7 ‘‘(C) any open enrollment activity, includ8 ing the method of outreach; and

9 ‘‘(D) any cooperation with, or sponsorship

10 by, a membership organization, including a de11 scription of the cooperation or sponsorship and

12 the name of each such organization.

13 ‘‘(2) COSTS AND FEES.—Information regarding

14 the cost of the educational program and information

15 regarding the distribution of any enrollment fee, in16 cluding—

17 ‘‘(A) the amount paid for, and the percent18 age of the total educational program cost of, each

19 feature of the educational program, including—

20 ‘‘(i) food;

21 ‘‘(ii) lodging;

22 ‘‘(iii) transportation;

23 ‘‘(iv) program staffing;

24 ‘‘(v) textbooks, syllabi, or other scholas25 tic educational program materials;
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1 ‘‘(vi) speaker fees; and

2 ‘‘(vii) administrative expenses, includ3 ing expenses related to—

4 ‘‘(I) the preparation of non-scho5 lastic educational program materials;

6 ‘‘(II) the provision of financial

7 assistance;

8 ‘‘(III) mailing list rental or other

9 recruitment activity; and

10 ‘‘(IV) administrative salaries and

11 consulting fees;

12 ‘‘(B) the identity of the organization or

13 business providing each of the features described

14 in clauses (i) through (vii) of subparagraph (A);

15 and

16 ‘‘(C) the nature of any relationship of any

17 board member, officer, or employee of the edu18 cational organization to any organization or

19 business described in subparagraph (B), includ20 ing the salary or other compensation paid by

21 such organization or business to such Board

22 member, officer, or employee.
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1 ‘‘SEC. 12003. NONDISCRIMINATORY ENROLLMENT AND

2 SERVICE POLICY.

3 ‘‘(a) IN GENERAL.—Each educational organization

4 shall include a verifiable statement in all enrollment or re5 cruitment material that the educational organization does

6 not—

7 ‘‘(1) fail or refuse to hire, or discharge, any indi8 vidual, or otherwise discriminate against any indi9 vidual with respect to compensation, terms, condi10 tions, or privileges of employment; or

11 ‘‘(2) exclude any student from participation in

12 an educational program, discriminate against any

13 student in providing the benefits associated with such

14 program (including any scholarship or financial as15 sistance, and use of any facility), or subject the stu16 dent to discrimination under such program,

17 on the basis of race, disability, or residence in a low-income

18 area.

19 ‘‘(b) CONSTRUCTION.—Nothing in this section shall be

20 construed to entitle a student to—

21 ‘‘(1) participation in an educational program or

22 any benefit associated with such program; or

23 ‘‘(2) a waiver of any fee charged for such par24 ticipation or benefit.

25 ‘‘SEC. 12004. ENFORCEMENT.

26 ‘‘The Secretary shall—
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1 ‘‘(1)(A) widely disseminate information about

2 the requirements of this title to State and local school

3 officials and parents; and

4 ‘‘(B) require educational organizations to submit

5 appropriate information or assurances regarding such

6 organizations’ compliance with this title; and

7 ‘‘(2) take whatever other steps the Secretary de8 termines are appropriate to enforce this title, includ9 ing—

10 ‘‘(A) promulgating regulations;

11 ‘‘(B) establishing a complaint process;

12 ‘‘(C) referring complaints to the relevant

13 Federal, State, or local authorities for appro14 priate action;

15 ‘‘(D) alerting educational agencies, schools,

16 and parents to the practices of educational orga17 nizations that violate the provisions of this title;

18 and

19 ‘‘(E) imposing civil fines (not to exceed

20 $1,000 per violation) on educational organiza21 tions that knowingly violate this title.
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1 ‘‘TITLE XIII—TARGETED

2 ASSISTANCE PROGRAM

3 ‘‘PART A—GENERAL PROVISIONS

4 ‘‘SEC. 13101. ALLOTMENT TO STATES.

5 ‘‘(a) RESERVATIONS.—From the sums appropriated to

6 carry out this title in any fiscal year, the Secretary shall

7 reserve not to exceed 1 percent for payments to Guam,

8 American Samoa, the Virgin Islands, the Republic of the

9 Marshall Islands, the Federated States of Micronesia, the

10 Northern Mariana Islands, and Palau, to be allotted in ac11 cordance with their respective needs for assistance under

12 this title.

13 ‘‘(b) ALLOTMENT.—From the remainder of such sums

14 the Secretary shall allot to each State an amount which

15 bears the same ratio to the amount of such remainder as

16 the school-age population of the State bears to the school17 age population of all States, except that no State shall re18 ceive less than an amount equal to one-half of 1 percent

19 of such remainder.

20 ‘‘(c) DEFINITIONS.—For purposes of this section—

21 ‘‘(1) The term ‘school-age population’ means the

22 population aged 5 through 17.

23 ‘‘(2) The term ‘States’ includes the 50 States, the

24 District of Columbia, and the Commonwealth of Puer25 to Rico.
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1 ‘‘SEC. 13102. ALLOCATION TO LOCAL EDUCATIONAL AGEN2 CIES.

3 ‘‘(a) DISTRIBUTION RULE.—From the sum made

4 available each year under section 13101, the State edu5 cational agency shall distribute not less than 80 percent to

6 local educational agencies within such State according to

7 the relative enrollments in public and private, nonprofit

8 schools within the school districts of such agencies, adjusted,

9 in accordance with criteria approved by the Secretary, to

10 provide higher per pupil allocations to local educational

11 agencies which have the greatest numbers or percentages of

12 children whose education imposes a higher than average

13 cost per child, such as—

14 ‘‘(1) children living in areas with high con15 centrations of low-income families;

16 ‘‘(2) children from low-income families; and

17 ‘‘(3) children living in sparsely populated areas.

18 ‘‘(b) CALCULATION OF ENROLLMENTS.—

19 ‘‘(1) IN GENERAL.—The calculation of relative

20 enrollments under subsection (a) shall be on the basis

21 of the total of—

22 ‘‘(A) the number of children enrolled in

23 public schools; and

24 ‘‘(B) the number of children enrolled in pri25 vate nonprofit schools that desire that their chil-
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1 dren participate in programs or projects assisted

2 under this title,

3 for the fiscal year preceding the fiscal year in which

4 the determination is made. Nothing in this subsection

5 shall diminish the responsibility of local educational

6 agencies to contact, on an annual basis, appropriate

7 officials from private nonprofit schools within the

8 areas served by such agencies in order to determine

9 whether such schools desire that their children partici10 pate in programs assisted under this title.

11 ‘‘(2) ADJUSTMENTS.—(A) Relative enrollments

12 under subsection (a) shall be adjusted, in accordance

13 with criteria approved by the Secretary under sub14 paragraph (B), to provide higher per pupil alloca15 tions only to local educational agencies which serve

16 the greatest numbers or percentages of—

17 ‘‘(i) children living in areas with high con18 centrations of low-income families;

19 ‘‘(ii) children from low-income families; or

20 ‘‘(iii) children living in sparsely populated

21 areas.

22 ‘‘(B) The Secretary shall review criteria submit23 ted by a State educational agency for adjusting allo24 cations under paragraph (1) and shall approve such

25 criteria only if the Secretary determines that such
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1 criteria are reasonably calculated to produce an ad2 justed allocation that reflects the relative needs within

3 the State’s local educational agencies based on the fac4 tors set forth in subparagraph (A).

5 ‘‘(c) PAYMENT OF ALLOCATIONS.—

6 ‘‘(1) DISTRIBUTION.—From the funds paid to a

7 State educational agency pursuant to section 13101

8 for a fiscal year, such agency shall distribute to each

9 eligible local educational agency which has submitted

10 an application as required in section 13303 the

11 amount of its allocation as determined under sub12 section (a).

13 ‘‘(2) ADDITIONAL FUNDS.—(A) Additional funds

14 resulting from higher per pupil allocations provided

15 to a local educational agency on the basis of adjusted

16 enrollments of children described in subsection (a),

17 may, at the discretion of the local educational agency,

18 be allocated for expenditures to provide services for

19 children enrolled in public and private nonprofit

20 schools in direct proportion to the number of children

21 described in subsection (a) and enrolled in such

22 schools within the local educational agency.

23 ‘‘(B) In any fiscal year, any local educational

24 agency that elects to allocate such additional funds in

25 the manner described in subparagraph (A) shall allo-
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1 cate all additional funds to schools within the local

2 educational agency in such manner.

3 ‘‘(C) The provisions of subparagraphs (A) and

4 (B) may not be construed to require any school to

5 limit the use of such additional funds to the provision

6 of services to specific students or categories of stu7 dents.

8 ‘‘PART B—STATE PROGRAMS

9 ‘‘SEC. 13201. STATE USES OF FUNDS.

10 ‘‘(a) AUTHORIZED ACTIVITIES.—A State educational

11 agency may use funds reserved for State use under this title

12 only for—

13 ‘‘(1) State administration of programs under

14 this title including—

15 ‘‘(A) supervision of the allocation of funds

16 to local educational agencies;

17 ‘‘(B) planning, supervision, and processing

18 of State funds; and

19 ‘‘(C) monitoring and evaluation of pro20 grams and activities under this title; and

21 ‘‘(2) technical assistance and direct grants to

22 local educational agencies and statewide activities

23 which assist local educational agencies to provide tar24 geted assistance as provided in section 13301.
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1 ‘‘(b) LIMITATIONS AND REQUIREMENTS.—Not more

2 than 25 percent of funds available for State programs under

3 this title in any fiscal year may be used for State adminis4 tration under subsection (a)(1).

5 ‘‘SEC. 13202. STATE APPLICATIONS.

6 ‘‘(a) APPLICATION REQUIREMENTS.—Any State which

7 desires to receive grants under this title shall submit to the

8 Secretary an application which—

9 ‘‘(1) designates the State educational agency as

10 the State agency responsible for the administration

11 and supervision of programs assisted under this title;

12 ‘‘(2) sets forth planned allocation of funds re13 served for State use under section 13102(a) among the

14 targeted assistance programs described in section

15 13301 and describes programs, projects, and activities

16 which are designed to carry out such targeted assist17 ance, together with the reasons for the selection of

18 such programs, projects, and activities;

19 ‘‘(3) provides for timely public notice and public

20 dissemination of the information provided pursuant

21 to paragraph (2);

22 ‘‘(4)(A) provides for a biennial submission of

23 data on the use of funds, the types of services fur24 nished, and the students served under this title;
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1 ‘‘(B) provides for an evaluation of the effective2 ness of programs assisted under this title;

3 ‘‘(5) provides that the State educational agency

4 will keep such records and provide such information

5 to the Secretary as may be required for fiscal audit

6 and program evaluation (consistent with the respon7 sibilities of the Secretary under this title);

8 ‘‘(6) provides assurance that, apart from tech9 nical and advisory assistance and monitoring compli10 ance with this title, the State educational agency has

11 not exercised and will not exercise any influence in

12 the decisionmaking processes of local educational

13 agencies as to the expenditures made pursuant to an

14 application under section 13301;

15 ‘‘(7) provides the following information: (A) how

16 the State will adjust its formula to comply with sec17 tion 13102(b)(2), (B) how children under section

18 13102(b)(2)(A) are defined, (C) the basis on which a

19 determination of the local educational agencies under

20 section 13102(b)(2)(A) is made, and (D) the percent21 age of the State grant which is proposed to be allotted

22 on an adjusted basis under section 13102; and

23 ‘‘(8) contains assurances that there is compliance

24 with the specific requirements of this title.
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1 ‘‘(b) PERIOD OF APPLICATION.—An application filed

2 by the State under subsection (a) shall be for a period not

3 to exceed 3 years, and may be amended annually as may

4 be necessary to reflect changes without filing a new applica5 tion.

6 ‘‘(c) AUDIT RULE.—Notwithstanding section 1745 of

7 the Omnibus Budget Reconciliation Act of 1981, local edu8 cational agencies receiving less than an average $5,000 each

9 year under this title need not be audited more frequently

10 than once every 5 years.

11 ‘‘PART C—LOCAL TARGETED ASSISTANCE

12 PROGRAMS

13 ‘‘SEC. 13301. TARGETED USE OF FUNDS.

14 ‘‘(a) GENERAL RULE.—Funds allocated for use under

15 this title shall be used by State and local educational agen16 cies for targeted assistance described in subsection (b).

17 ‘‘(b) TARGETED ASSISTANCE.—The targeted assistance

18 programs referred to in subsection (a) are—

19 ‘‘(1) programs for the acquisition and use of in20 structional and educational materials, including li21 brary books, reference materials, computer software

22 and hardware for instructional use, and other cur23 ricular materials that will be used to improve student

24 achievement;
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1 ‘‘(2) programs to improve the higher order think2 ing skills of economically disadvantaged elementary

3 and secondary school students and to prevent students

4 from dropping out of school;

5 ‘‘(3) programs to combat illiteracy in the student

6 and adult population, including parent illiteracy;

7 ‘‘(4) programs to provide for the educational

8 needs of gifted and talented children;

9 ‘‘(5) school facility repair, renovation, improve10 ment and construction;

11 ‘‘(6) school reform activities that are consistent

12 with the Goals 2000: Educate America Act for local

13 educational agencies that do not receive assistance

14 under that Act;

15 ‘‘(7) school improvement programs or activities

16 under sections 1118 and 1119; and

17 ‘‘(8) efforts to implement school uniform policies

18 to ensure the health and safety of students and the

19 school environment.

20 ‘‘SEC. 13302. AUTHORIZED ACTIVITIES.

21 ‘‘(a) IN GENERAL.—Activities authorized under this

22 part may include the planning, development, or operation

23 and expansion of programs, projects, and activities which

24 are designed to carry out the targeted assistance described

25 in section 13301. Such activities may include—
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1 ‘‘(1) training of educational personnel and edu2 cation policymakers in any of the targeted assistance

3 programs described in section 13301;

4 ‘‘(2) guidance and pupil services; and

5 ‘‘(3) any other education or related activities

6 which the State or local educational agency deter7 mines will contribute to improving the programs de8 scribed in section 13301.

9 ‘‘(b) ADMINISTRATIVE AUTHORITY.—In order to con10 duct the activities authorized by this title, each State or

11 local educational agency may use funds reserved for this

12 title to make grants to and to enter into contracts with local

13 educational agencies, educational service agencies, institu14 tions of higher education, libraries, museums, and other

15 public and private nonprofit agencies, organizations, and

16 institutions.

17 ‘‘SEC. 13303. LOCAL APPLICATIONS.

18 ‘‘(a) CONTENTS OF APPLICATION.—A local educational

19 agency or consortia of local educational agencies may re20 ceive an allocation of funds under this title for any year

21 for which an application is submitted to the State edu22 cational agency and such application is certified to meet

23 the requirements of this section. The State educational agen24 cy shall certify any such application if such application—
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1 ‘‘(1) sets forth the planned allocation of funds

2 among targeted assistance programs described in sec3 tion 13301 and describes the programs, projects, and

4 activities designed to carry out such targeted assist5 ance which the State educational agency intends to

6 support, together with the reasons for the selection of

7 such programs, projects, and activities;

8 ‘‘(2) describes how assistance under this title will

9 contribute to the goals of the program of improving

10 student achievement or improving the quality of edu11 cation for students;

12 ‘‘(3) agrees to keep such records, and provide

13 such information to the State educational agency as

14 reasonably may be required for fiscal audit and pro15 gram evaluation, consistent with the responsibilities

16 of the State agency under this title; and

17 ‘‘(4) provides, in the allocation of funds for the

18 assistance authorized by this title, and in the design,

19 planning, and implementation of such programs, for

20 systematic consultation with parents of children at21 tending elementary and secondary schools in the area

22 served by the local agency, with teachers and admin23 istrative personnel in such schools, and with other

24 groups involved in the implementation of this title

25 (such as librarians, school counselors, and other pupil
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1 services personnel) as may be considered appropriate

2 by the local educational agency.

3 ‘‘(b) PERIOD OF APPLICATION.—An application filed

4 by a local educational agency under subsection (a) shall be

5 for a period not to exceed 3 fiscal years, may provide for

6 the allocation of funds among programs and purposes au7 thorized by this title for a period of 3 years, and may be

8 amended annually as may be necessary to reflect changes

9 without filing a new application.

10 ‘‘(c) LOCAL EDUCATIONAL AGENCY DISCRETION.—

11 Subject to the limitations and requirements of this title, a

12 local educational agency shall have complete discretion in

13 determining how funds under this part shall be divided

14 among the areas of targeted assistance of this part. In exer15 cising such discretion, a local educational agency shall en16 sure that expenditures under this part carry out the pur17 poses of this title and are intended to meet the educational

18 needs within the schools of that local educational agency.

19 ‘‘PART D—AUTHORIZATION OF APPROPRIATIONS

20 ‘‘SEC. 13401. AUTHORIZATION OF APPROPRIATIONS.

21 ‘‘There are authorized to be appropriated $325,000,000

22 for fiscal year 1995, and such sums as may be necessary

23 for each of the 4 succeeding fiscal years, to carry out this

24 title.
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1 ‘‘TITLE XIV—NATIONAL

2 EDUCATION STATISTICS

3 ‘‘SEC. 14001. SHORT TITLE.

4 ‘‘This part may be cited as the ‘National Education

5 Statistics Act of 1994’.

6 ‘‘SEC. 14002. FINDINGS; PURPOSE; DEFINITIONS.

7 ‘‘(a) FINDINGS.—The Congress finds that—

8 ‘‘(1) a Department Office of Education was es9 tablished in 1867 ‘for the purpose of collecting such

10 statistics and facts as shall show the condition and

11 progress of education in the several States and Terri12 tories, and of diffusing such information respecting

13 the organization and management of schools and

14 school systems and methods of teaching as shall aid

15 the people of the United States in the establishment

16 and maintenance of efficient school systems, and oth17 erwise promote the cause of education throughout the

18 country’;

19 ‘‘(2) today, while the role of the current Depart20 ment of Education is much broader, the National

21 Center for Education Statistics within the Office of

22 Educational Research and Improvement continues to

23 perform those crucial original purposes; and

24 ‘‘(3) looking to the 21st Century, the National

25 Center for Education Statistics must be able to design
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1 and undertake, effectively and efficiently, statistical

2 activities that will aid in the reform of our Nation’s

3 educational systems.

4 ‘‘(b) PURPOSE.—It is the purpose of this part to ensure

5 the continuation of an effective mechanism for collecting

6 and reporting statistics and information showing the condi7 tion and progress of education in the United States and

8 other nations in order to promote and accelerate the im9 provement of American education.

10 ‘‘(c) DEFINITIONS.—For the purpose of this part, the

11 term—

12 ‘‘(1) ‘Assistant Secretary’ means the Assistant

13 Secretary for Educational Research and Improvement

14 provided for under section 202(b)(1)(E) of the De15 partment of Education Organization Act; and

16 ‘‘(2) ‘State’ and ‘United States’—

17 ‘‘(A) other than for the purpose of section

18 14011, mean each of the 50 States, the District

19 of Columbia, and the Commonwealth of Puerto

20 Rico; and

21 ‘‘(B) for the purpose of section 14011, in22 clude Guam, American Samoa, the Virgin Is23 lands, the Commonwealth of the Northern Mari24 ana Islands, the Republic of the Marshall Is-
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1 lands, the Federated States of Micronesia, and

2 Palau.

3 ‘‘SEC. 14003. NATIONAL CENTER FOR EDUCATION STATIS4 TICS.

5 ‘‘(a) ESTABLISHMENT.—There is established, within

6 the Office of Educational Research and Improvement estab7 lished under section 209 of the Department of Education

8 Organization Act, a National Center for Education Statis9 tics (hereafter in this part referred to as the ‘Center’).

10 ‘‘(b) COMMISSIONER AND ASSOCIATE COMMIS11 SIONERS.—

12 ‘‘(1) COMMISSIONER.—The Center shall be head13 ed by a Commissioner of Education Statistics (here14 after in this part referred to as the ‘Commissioner’)

15 who shall be appointed by the President, by and with

16 the advice and consent of the Senate, and who shall—

17 ‘‘(A) have substantial knowledge of pro18 grams encompassed by under the authority of the

19 Center;

20 ‘‘(B) be paid in accordance with section

21 5315 of title 5, United States Code; and

22 ‘‘(C) serve for a term of 4 years, with the

23 terms to expire every fourth June 21, beginning

24 in 1995.
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1 ‘‘(2) ASSOCIATE COMMISSIONERS.—The Commis2 sioner may appoint such Associate Commissioners as

3 the Commissioner determines are necessary and ap4 propriate.

5 ‘‘SEC. 14004. DUTIES OF THE CENTER.

6 ‘‘(a) DUTIES.—The Center shall collect, analyze, and

7 disseminate statistics and other information related to edu8 cation in the United States and in other nations, includ9 ing—

10 ‘‘(1) acquiring, compiling (where appropriate,

11 on a State-by-State basis), and disseminating full

12 and complete statistics on the condition and progress

13 of education in the United States, including data

14 on—

15 ‘‘(A) State and local education reform;

16 ‘‘(B) student achievement and other edu17 cational outcomes, including data on secondary

18 school completions, dropouts, and adult literacy,

19 which education statistics and data, whenever

20 feasible, shall be collected, analyzed, cross-tab21 ulated and reported by sex, race or ethnicity,

22 and socioeconomic status;

23 ‘‘(C) educational access and opportunity,

24 including data on financial aid to postsecondary

25 students;
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1 ‘‘(D) teaching, including data on curricu2 lum, instruction, the conditions of the education

3 workplace, and the supply of, and demand for,

4 teachers, which may include data on the propor5 tions of women and men cross-tabulated by race

6 or ethnicity, teaching in subjects in which such

7 individuals have been historically

8 underrepresented;

9 ‘‘(E) the learning environment, including

10 data on libraries and the incidence of crime, vio11 lence, and substance abuse;

12 ‘‘(F) the financing and management of edu13 cation, including data on revenues and expendi14 tures; and

15 ‘‘(G) the social and economic status of chil16 dren;

17 ‘‘(2) conducting and publishing reports and

18 analyses of the meaning and significance of such sta19 tistics;

20 ‘‘(3) conducting longitudinal studies, as well as

21 regular and special surveys and data collections, nec22 essary to report on the condition and progress of edu23 cation;

24 ‘‘(4) assisting public and private educational

25 agencies, organizations, and institutions in improv-
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1 ing and automating their statistical and data collec2 tion activities; and

3 ‘‘(5) acquiring and disseminating data on edu4 cational activities and student achievement in the

5 United States compared with those in foreign nations.

6 ‘‘(b) SPECIAL RULE.—The Center shall ensure that

7 education statistics and data described in subsection (a)(1),

8 whenever feasible, are collected, analyzed, cross-tabulated

9 and reported by sex, race or ethnicity, and socioeconomic

10 status;

11 ‘‘(c) TRAINING PROGRAM.—The Commissioner may es12 tablish a program to train employees of public and private

13 educational agencies, organizations, and institutions in the

14 use of the Center’s standard statistical procedures and con15 cepts and may establish a fellows program to temporarily

16 appoint such employees as temporary fellows at the Center

17 in order to assist the Center in carrying out its duties.

18 ‘‘SEC. 14005. PERFORMANCE OF DUTIES.

19 ‘‘(a) GRANTS, CONTRACTS, AND COOPERATIVE AGREE20 MENTS.—

21 ‘‘(1) IN GENERAL.—In carrying out the Commis22 sioner’s duties under this part, the Commissioner

23 may enter into grants, contracts, and cooperative

24 agreements.
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1 ‘‘(2) SPECIAL RULE.—Notwithstanding any

2 other provision of law, the grants, contracts, and co3 operative agreements awarded competitively under

4 this section may be awarded for a period of not more

5 than 5 years, and may be renewed at the discretion

6 of the Commissioner for an additional period of not

7 more than 5 years.

8 ‘‘(b) GATHERING INFORMATION.—

9 ‘‘(1) SAMPLING.—The Commissioner may use the

10 statistical method known as sampling to carry out the

11 purpose of this part.

12 ‘‘(2) SOURCE OF INFORMATION.—The Commis13 sioner may, as the Commissioner considers appro14 priate, use information collected—

15 ‘‘(A) from States, local educational agencies,

16 schools, institutions of higher education, librar17 ies, administrators, teachers, students, the gen18 eral public, and such other individuals, organi19 zations, agencies, and institutions as the Com20 missioner may consider appropriate; and

21 ‘‘(B) by other offices within the Department

22 and by other Federal departments, agencies, and

23 instrumentalities.

24 ‘‘(3) COLLECTION.—The Commissioner may—
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1 ‘‘(A) enter into interagency agreements for

2 the collection of statistics;

3 ‘‘(B) arrange with any agency, organiza4 tion, or institution for the collection of statistics;

5 and

6 ‘‘(C) assign employees of the Center to any

7 such agency, organization, or institution to as8 sist in such collection.

9 ‘‘(4) TECHNICAL ASSISTANCE AND COORDINA10 TION.—In order to maximize the effectiveness of Fed11 eral efforts to serve the educational needs of children

12 and youth, the Commissioner shall—

13 ‘‘(A) provide technical assistance to Depart14 ment offices that gather data for statistical pur15 poses; and

16 ‘‘(B) coordinate closely with other Depart17 ment offices in the collection of data.

18 ‘‘SEC. 14006. REPORTS.

19 ‘‘(a) REPORT ON THE CONDITION AND PROGRESS OF

20 EDUCATION.—The Commissioner shall, not later than June

21 1, 1995, and each succeeding June 1 thereafter, submit to

22 the President and the Congress a statistical report on the

23 condition and progress of education in the United States.

24 ‘‘(b) STATISTICAL REPORTS.—The Commissioner shall

25 issue regular statistical reports to the President and Con-
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1 gress on such education topics as the Commissioner deter2 mines to be appropriate.

3 ‘‘(c) SPECIAL REPORTS.—The Commissioner may,

4 whenever the Commissioner considers it appropriate, issue

5 special reports on particular education topics.

6 ‘‘SEC. 14007. ADVISORY COUNCIL ON EDUCATION STATIS7 TICS.

8 ‘‘(a) ESTABLISHMENT.—There is established, within

9 the Center, an Advisory Council on Education Statistics

10 (hereafter in this Act referred to as the ‘Council’).

11 ‘‘(b) MEMBERSHIP.—

12 ‘‘(1) COMPOSITION.—The Council shall be com13 posed of—

14 ‘‘(A) 15 voting members who are users of

15 education data and who are appointed by the

16 Secretary on the basis of their experience and

17 eminence within the field of education statistics,

18 of whom at least—

19 ‘‘(i) three shall be educators;

20 ‘‘(ii) three shall be education policy21 makers;

22 ‘‘(iii) three shall be professional stat23 isticians; and

24 ‘‘(iv) three shall be education research25 ers;
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1 ‘‘(B) the Director of the Bureau of the Cen2 sus and the Commissioner of the Bureau of

3 Labor Statistics, as voting, ex officio members;

4 and

5 ‘‘(C) the Assistant Secretary and the Com6 missioner, as nonvoting, ex officio members.

7 ‘‘(2) PRESIDING OFFICER.—The Secretary shall

8 appoint the presiding officer of the Council from

9 among the voting members of the Council.

10 ‘‘(3) TERMS.—Members of the Council appointed

11 under paragraph (1)(A) shall be appointed for 3-year

12 terms except that, in the case of initial appointments,

13 the Secretary shall make appointments for shorter

14 terms to the extent necessary to avoid the expiration

15 of the terms of more than 5 members in the same cal16 endar year.

17 ‘‘(4) MEETINGS.—

18 ‘‘(A) IN GENERAL.—The Council shall meet

19 at the call of the presiding officer, except that the

20 Council shall meet—

21 ‘‘(i) at least 2 times during each cal22 endar year; and

23 ‘‘(ii) in addition, whenever 8 voting

24 members request in writing that the presid25 ing officer call a meeting.
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1 ‘‘(B) QUORUM.—Nine voting members of the

2 Council shall constitute a quorum.

3 ‘‘(5) SPECIAL RULE.—The Council shall review

4 general policies for the operation of the Center and

5 shall advise the Commissioner on standards to ensure

6 that statistics and other information disseminated by

7 the Center are of high quality and are not subject to

8 partisan political influence.

9 ‘‘SEC. 14008. CONFIDENTIALITY.

10 ‘‘(a) CONFIDENTIALITY STANDARDS.—

11 ‘‘(1) IN GENERAL.—The Center shall develop and

12 enforce standards designed to protect the confidential13 ity of persons in the collection, reporting, and publi14 cation of data under this section. This section shall

15 not be construed to protect the confidentiality of in16 formation about institutions, organizations, and

17 agencies that receive grants from, or have contracts or

18 cooperative agreements with, the Federal Government.

19 ‘‘(2) PROHIBITION.—No person may—

20 ‘‘(A) use any individually identifiable in21 formation furnished under this part for any pur22 pose other than a statistical purpose;

23 ‘‘(B) make any publication whereby the

24 data furnished by any particular person under

25 this part can be identified; or
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1 ‘‘(C) permit anyone other than the individ2 uals authorized by the Commissioner to examine

3 the individual reports.

4 ‘‘(b) ADMINISTRATION.—

5 ‘‘(1) IN GENERAL.—No department, bureau,

6 agency, officer, or employee of the Federal Govern7 ment, except the Commissioner in carrying out the

8 purposes of this part, shall require, for any reason,

9 copies of reports that have been filed under this part

10 with the Center or retained by any individual re11 spondent. Copies of such reports that have been so

12 filed or retained with the Center or any of its employ13 ees, contractors, or agents shall be immune from legal

14 process, and shall not, without the consent of the indi15 vidual concerned, be admitted as evidence or used for

16 any purpose in any action, suit, or other judicial or

17 administrative proceeding. This paragraph shall

18 apply only to individually identifiable information

19 (as defined in paragraph (4)(A)).

20 ‘‘(2) EMPLOYEE OR STAFF VIOLATIONS.—Who21 ever, being or having been an employee or staff mem22 ber of the Department, having taken or subscribed the

23 oath of office, or having sworn to observe the limita24 tions imposed by subsection (a)(2), knowingly pub25 lishes or communicates any individually identifiable
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1 information (as defined in paragraph (4)(A)), the

2 disclosure of which is prohibited by subsection (a)(2),

3 and that comes into such employee or staff’s posses4 sion by reason of employment (or otherwise providing

5 services) under this part, shall be found guilty of a

6 class E felony and imprisoned for not more than 5

7 years, or fined as specified in section 3571 of title 18,

8 United States Code, or both.

9 ‘‘(3) TEMPORARY STAFF.—The Commissioner

10 may utilize temporary staff, including employees of

11 Federal, State, or local agencies or instrumentalities

12 (including local educational agencies), and employees

13 of private organizations to assist the Center in per14 forming its responsibilities, but only if such tem15 porary staff are sworn to observe the limitations im16 posed by this section.

17 ‘‘(4) DEFINITIONS.—For the purposes of this sec18 tion—

19 ‘‘(A) the term ‘individually identifiable in20 formation’ means any record, response form,

21 completed survey, or aggregation thereof from

22 which information about particular individuals

23 may be revealed; and

24 ‘‘(B) the term ‘report’ means a response

25 provided by or about an individual to an in-
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1 quiry from the Center and does not include a

2 statistical aggregation from which individually

3 identifiable information cannot be revealed.

4 ‘‘(5) VIOLATIONS.—Any person who uses any

5 data provided by the Center, in conjunction with any

6 other information or technique, to identify any indi7 vidual student, teacher, administrator, or other indi8 vidual and who knowingly discloses, publishes, or uses

9 such data for a purpose other than a statistical pur10 pose, or who otherwise violates subparagraph (A) or

11 (B) of subsection (a)(2), shall be found guilty of a

12 class E felony and imprisoned for not more than 5

13 years, or fined as specified in section 3571 of title 18,

14 United States Code, or both.

15 ‘‘(6) ACCESS TO REPORTS OR RECORDS.—Noth16 ing in this section shall restrict the right of the Sec17 retary, the Comptroller General of the United States,

18 the Director of the Congressional Budget Office, and

19 the Librarian of Congress to gain access to any re20 ports or other records, including information identify21 ing individuals, in the Center’s possession, except that

22 the same restrictions on disclosure that apply under

23 paragraphs (1) and (5) of subsection (b) shall apply

24 to such individuals.
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1 ‘‘SEC. 14009. DISSEMINATION.

2 ‘‘(a) GENERAL REQUESTS.—

3 ‘‘(1) IN GENERAL.—The Center may furnish

4 transcripts or copies of tables and other statistical

5 records and make special statistical compilations and

6 surveys for State and local officials, public and pri7 vate organizations, and individuals.

8 ‘‘(2) COMPILATIONS.—The Center shall provide

9 State and local educational agencies opportunities to

10 suggest the development of particular compilations of

11 statistics, surveys, and analyses that would assist

12 those educational agencies.

13 ‘‘(b) CONGRESSIONAL REQUESTS.—The Center shall

14 furnish such special statistical compilations and surveys as

15 the Congress may request.

16 ‘‘(c) JOINT STATISTICAL PROJECTS.—The Secretary

17 may engage in joint statistical projects related to the pur18 poses of this part, or other statistical purposes authorized

19 by law, with nonprofit organizations or agencies, and the

20 cost of such projects shall be shared equitably as determined

21 by the Secretary.

22 ‘‘(d) FEES.—

23 ‘‘(1) IN GENERAL.—Statistical compilations and

24 surveys under this section, other than those carried

25 out pursuant to subsections (b) and (c), may be made
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1 subject to the payment of the actual or estimated cost

2 of such work.

3 ‘‘(2) FUNDS RECEIVED.—All funds received in

4 payment for work or services described in this sub5 section may be used to pay directly the costs of such

6 work or services, to repay appropriations that ini7 tially bore all or part of such costs, or to refund excess

8 sums when necessary.

9 ‘‘(e) ACCESS.—

10 ‘‘(1) OTHER FEDERAL AGENCIES.—The Center

11 shall, consistent with section 14008, participate with

12 other Federal agencies having a need for educational

13 data in providing access to educational data received

14 by the Center.

15 ‘‘(2) INTERESTED PARTIES.—The Center shall,

16 in accordance with such terms and conditions as the

17 Secretary may prescribe, provide all interested par18 ties, including public and private agencies and indi19 viduals, direct access to data collected by the Center

20 for the purposes of research and acquiring statistical

21 information.

22 ‘‘SEC. 14010. COOPERATIVE EDUCATION STATISTICS SYS23 TEMS.

24 ‘‘(a) IN GENERAL.—The Commissioner may establish

25 one or more national cooperative education statistics sys-
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1 tems for the purpose of producing and maintaining, with

2 the cooperation of the States, comparable and uniform in3 formation and data on elementary and secondary edu4 cation, postsecondary education, and libraries, that are use5 ful for policymaking at the Federal, State, and local levels.

6 In carrying out this section, the Commissioner may provide

7 technical assistance, and make grants and enter into con8 tracts and cooperative agreements.

9 ‘‘(b) MODEL DATA SYSTEM.—

10 ‘‘(1) STUDY; DESIGN; PILOT.—The Commis11 sioner, working through the cooperative education sta12 tistics system, shall study, design, and pilot a model

13 data system that will yield information about spend14 ing for administration at the school, local educational

15 agency, and State educational agency levels, which

16 system shall be completed by January 1, 1997.

17 ‘‘(2) STUDY AND REPORT.—Upon the date of

18 completion of the pilot model data system described in

19 paragraph (1), the Secretary shall study the informa20 tion obtained through the use of such data system and

21 other relevant information, as well as any other data

22 systems which are in use on such date that account

23 for administrative expenses at the school, local edu24 cational agency, and State educational agency level,
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1 and shall report to the Congress not later than July

2 1, 1997, regarding—

3 ‘‘(A) the potential for the reduction of ad4 ministrative expenses at the school, local edu5 cational agency, and State educational agency

6 levels;

7 ‘‘(B) the potential usefulness of such data

8 system to reduce such administrative expenses;

9 ‘‘(C) any other methods which may be em10 ployed by schools, local educational agencies or

11 State educational agencies to reduce administra12 tive expenses and maximize the use of funds for

13 functions directly affecting student learning; and

14 ‘‘(D) if appropriate, steps which may be

15 taken to assist schools, local educational agencies

16 and State educational agencies to account for

17 and reduce administrative expenses.

18 ‘‘SEC. 14011. NATIONAL ASSESSMENT OF EDUCATIONAL

19 PROGRESS.

20 ‘‘(a) ESTABLISHMENT.—The Commissioner shall, with

21 the advice of the National Assessment Governing Board es22 tablished by section 14012, carry out, through grants, con23 tracts, or cooperative agreements with one or more qualified

24 organizations, or consortia thereof, a National Assessment
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1 of Educational Progress (hereafter in this part referred to

2 as the ‘National Assessment’).

3 ‘‘(b) PURPOSE; STATE ASSESSMENTS.—

4 ‘‘(1) PURPOSE.—The purpose of the National As5 sessment is to provide a fair and accurate presen6 tation of educational achievement in reading, writing,

7 and the other subjects included in the third National

8 Education Goal, regarding student achievement and

9 citizenship. The Commissioner, in carrying out the

10 National Assessment, shall use sampling techniques

11 that produce data that are representative on a na12 tional and regional basis and on a State basis pursu13 ant to paragraph (2). In addition, the Commissioner

14 shall—

15 ‘‘(A) collect and report data on a periodic

16 basis, but at least once every 2 years, on students

17 at ages 9, 13, and 17 and in grades 4, 8, and

18 12;

19 ‘‘(B) report achievement data on a basis

20 that ensures valid and reliable trend reporting;

21 ‘‘(C) include, whenever feasible, information

22 collected, cross-tabulated, analyzed, and reported

23 by sex, race or ethnicity and socioeconomic sta24 tus;
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1 ‘‘(D) collect and report data on students re2 ceiving services under part A of title I; and

3 ‘‘(E) ensure that achievement data are

4 made available on a timely basis following offi5 cial reporting, in a manner that facilitates fur6 ther analysis.

7 ‘‘(2) STATE ASSESSMENTS.—

8 ‘‘(A) IN GENERAL.—The Commissioner, in

9 carrying out the National Assessment, may con10 duct State assessments of student achievement in

11 grades 4, 8, and 12.

12 ‘‘(B) STATE PARTICIPATION.—States wish13 ing to participate in State assessments shall

14 enter into an agreement with the Secretary pur15 suant to subsection (d)(2). Such agreement shall

16 contain information sufficient to give States full

17 information about the process for consensus deci18 sionmaking on objectives to be tested, required in

19 section 14012(e)(5), and of the standards for

20 sampling, test administration, test security, data

21 collection, validation, and reporting.

22 ‘‘(C) STATE REVIEW AND RELEASE OF RE23 SULTS.—A participating State shall review and

24 give permission for the release of results from

25 any test of its students administered as a part
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1 of a State assessment prior to the release of such

2 data. Refusal by a State to release its data shall

3 not restrict the release of data from other States

4 that have approved the release of such data.

5 ‘‘(3) PROHIBITED DATA.—In carrying out the

6 National Assessment, the Commissioner shall not col7 lect any data that are not directly related to the ap8 praisal of educational performance, achievement, and

9 traditional demographic reporting variables, or to the

10 fair and accurate presentation of such information.

11 ‘‘(4) TECHNICAL ASSISTANCE.—In carrying out

12 the National Assessment, the Commissioner may pro13 vide technical assistance to States, localities, and

14 other parties.

15 ‘‘(c) ACCESS.—

16 ‘‘(1) PUBLIC ACCESS.—Except as provided in

17 paragraph (2), the public shall have access to all

18 data, questions, and test instruments of the National

19 Assessment.

20 ‘‘(2) PERSONALLY IDENTIFIABLE INFORMA21 TION.—

22 ‘‘(A) IN GENERAL.—The Commissioner shall

23 ensure that all personally identifiable informa24 tion about students, their educational perform25 ance, and their families, and that information
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1 with respect to individual schools, remains con2 fidential, in accordance with section 552a of title

3 5, United States Code.

4 ‘‘(B) SPECIAL RULE.—Notwithstanding any

5 other provision of law, the Secretary may decline

6 to make available to the public for a period, not

7 to exceed 10 years following their initial use,

8 cognitive questions that the Secretary intends to

9 reuse in the future.

10 ‘‘(d) PARTICIPATION.—

11 ‘‘(1) NATIONAL AND REGIONAL.—Participation

12 in the national and regional assessments by State

13 and local educational agencies shall be voluntary.

14 ‘‘(2) STATE.—Participation in assessments made

15 on a State basis shall be voluntary. The Secretary

16 shall enter into an agreement with any State that de17 sires to carry out an assessment for the State under

18 this subsection. Each such agreement shall contain

19 provisions designed to ensure that the State will—

20 ‘‘(A) participate in the assessment; and

21 ‘‘(B) pay from non-Federal sources the non22 Federal share of participation.

23 ‘‘(3) NON-FEDERAL SHARE.—
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1 ‘‘(A) IN GENERAL.—For each fiscal year,

2 the non-Federal share for the purpose of para3 graph (2)(B) shall be—

4 ‘‘(i) the cost of conducting the assess5 ment at the school level for all public schools

6 in the State sample;

7 ‘‘(ii) the cost of coordination within

8 the State; and

9 ‘‘(iii) other reasonable costs specified

10 by the Secretary in the agreement described

11 in paragraph (2).

12 ‘‘(B) SPECIAL RULE.—The non-Federal

13 share of payments under this paragraph may be

14 in cash or in kind, fairly valued.

15 ‘‘(C) ADMINISTRATIVE COSTS.—The agree16 ment described in paragraph (2) shall describe

17 the manner in which the costs of administering

18 the assessment to private nonprofit schools in19 cluded in the State sample may be met.

20 ‘‘(e) REVIEW OF NATIONAL AND STATE ASSESS21 MENTS.—The Secretary shall provide for continuing re22 views of both national and State assessments, including

23 evaluation studies by the Center and solicitation of public

24 comment on the conduct and usefulness of the National As25 sessment. The Secretary shall report to the Congress, the
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1 President, and the Nation on the findings and recommenda2 tions of such reviews. The Commissioner shall consider the

3 findings and recommendations in designing the competition

4 to select the organization, or organizations, through which

5 the Office carries out the National Assessment.

6 ‘‘(f) COVERAGE AGREEMENTS.—

7 ‘‘(1) DEPARTMENT OF DEFENSE SCHOOLS.—The

8 Secretary and the Secretary of Defense may enter into

9 an agreement, including such terms as are mutually

10 satisfactory, to include in the National Assessment el11 ementary and secondary schools operated by the De12 partment of Defense.

13 ‘‘(2) BUREAU OF INDIAN AFFAIRS SCHOOLS.—

14 The Secretary and the Secretary of the Interior may

15 enter into an agreement, including such terms as are

16 mutually satisfactory, to include in the National As17 sessment schools for Indian children operated or sup18 ported by the Bureau of Indian Affairs.

19 ‘‘SEC. 14012. NATIONAL ASSESSMENT GOVERNING BOARD.

20 ‘‘(a) ESTABLISHMENT.—There is established the Na21 tional Assessment Governing Board (hereafter in this part

22 referred to as the ‘Board’), which shall formulate policy

23 guidelines for the National Assessment.

24 ‘‘(b) MEMBERSHIP.—
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1 ‘‘(1) APPOINTMENT AND COMPOSITION.—The

2 Board shall be appointed by the Secretary and be

3 composed of—

4 ‘‘(A) two Governors, or former Governors,

5 who shall not be members of the same political

6 party;

7 ‘‘(B) two State legislators, who shall not be

8 members of the same political party;

9 ‘‘(C) two chief State school officers;

10 ‘‘(D) one superintendent of a local edu11 cational agency;

12 ‘‘(E) one member of a State board of edu13 cation;

14 ‘‘(F) one member of a local board of edu15 cation;

16 ‘‘(G) three classroom teachers representing

17 the grade levels at which the National Assessment

18 is conducted;

19 ‘‘(H) one representative of business or in20 dustry;

21 ‘‘(I) two curriculum specialists;

22 ‘‘(J) three testing and measurement experts,

23 who shall have training and experience in the

24 field of testing and measurement;
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1 ‘‘(K) one nonpublic school administrator or

2 policymaker;

3 ‘‘(L) two school principals, of whom one

4 shall be an elementary school principal and one

5 shall be a secondary school principal; and

6 ‘‘(M) four additional members who are rep7 resentatives of the general public, including par8 ents.

9 ‘‘(2) ASSISTANT SECRETARY FOR EDUCATIONAL

10 RESEARCH.—The Assistant Secretary for Educational

11 Research and Improvement shall serve as an ex

12 officio, nonvoting member of the Board.

13 ‘‘(3) SPECIAL RULE.—The Secretary and the

14 Board shall ensure at all times that the membership

15 of the Board reflects regional, racial, gender, and cul16 tural balance and diversity and that the Board exer17 cises its independent judgment, free from inappropri18 ate influences and special interests.

19 ‘‘(c) TERMS.—Members of the Board shall serve for

20 terms not to exceed 4 years which shall be staggered, as de21 termined by the Secretary. Any appointed member of the

22 Board who changes status under subsection (b) during the

23 term of the appointment of the member may continue to

24 serve as a member until the expiration of such term.
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1 ‘‘(d) VACANCIES.—As vacancies occur, new members of

2 the Board shall be appointed by the Secretary from among

3 individuals who are nominated by the Board after consulta4 tion with representatives of the groups listed in subsection

5 (b)(1). For each vacancy, the Board shall nominate at least

6 3 individuals who, by reason of experience or training, are

7 qualified in that particular Board vacancy.

8 ‘‘(e) DUTIES.—

9 ‘‘(1) IN GENERAL.—In carrying out its functions

10 under this section the Board shall—

11 ‘‘(A) select subject areas to be assessed (con12 sistent with section 14011(b)(1));

13 ‘‘(B) identify appropriate achievement goals

14 for each age and grade in each subject area to

15 be tested under the National Assessment;

16 ‘‘(C) develop assessment objectives;

17 ‘‘(D) develop test specifications;

18 ‘‘(E) design the methodology of the assess19 ment;

20 ‘‘(F) develop guidelines for analysis plans

21 and for reporting and disseminating results;

22 ‘‘(G) develop standards and procedures for

23 interstate, regional, and national comparisons;

24 and
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1 ‘‘(H) take appropriate actions needed to im2 prove the form and use of the National Assess3 ment.

4 ‘‘(2) DELEGATION.—The Board may delegate

5 any of the Board’s procedural and administrative

6 functions to its staff.

7 ‘‘(3) COGNITIVE ITEMS.—The Board shall have

8 final authority on the appropriateness of cognitive

9 items.

10 ‘‘(4) BIAS.—The Board shall take steps to ensure

11 that all items selected for use in the National Assess12 ment are free from racial, cultural, gender, or re13 gional bias.

14 ‘‘(5) GOALS STATEMENTS.—Each learning area

15 assessment shall have goal statements devised through

16 a national consensus approach, providing for active

17 participation of teachers, curriculum specialists, local

18 school administrators, parents, and concerned mem19 bers of the general public.

20 ‘‘(f) PERSONNEL.—

21 ‘‘(1) IN GENERAL.—In the exercise of its respon22 sibilities, the Board shall be independent of the Sec23 retary and the other offices and officers of the Depart24 ment.
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1 ‘‘(2) STAFF.—The Secretary may appoint, at the

2 direction of the Board, such staff as the Board re3 quires. Such appointments may include, for terms not

4 to exceed 3 years, without regard to the provisions of

5 title 5, United States Code, governing appointments

6 in the competitive service, not more than 6 technical

7 employees to administer this subsection, who may be

8 paid without regard to the provisions of chapter 51

9 and subchapter III of chapter 53 of such title relating

10 to classification and General Schedule pay rates.

11 ‘‘(g) COMMISSIONER REPORTS.—The Commissioner

12 shall report to the Board at regular intervals on the Depart13 ment’s actions to implement the decisions of the Board.

14 ‘‘(h) ADMINISTRATION.—

15 ‘‘(1) LIMITATION.—Not to exceed 10 percent of

16 the funds available for the National Assessment for

17 any fiscal year may be used for administrative ex18 penses (including staff, consultants, and contracts)

19 and to carry out the Board’s duties described in sub20 section (e).

21 ‘‘(2) APPLICABILITY OF THE FEDERAL ADVISORY

22 COMMITTEE ACT.—For the purposes of its administra23 tive functions, the Board shall have the authorities

24 authorized by the Federal Advisory Committee Act
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1 and shall be subject to the open meeting provisions of

2 that law.

3 ‘‘SEC. 14013. AUTHORIZATION OF APPROPRIATIONS.

4 ‘‘There are authorized to be appropriated $100,000,000

5 for fiscal year 1995, and such sums as may be necessary

6 for each of the 4 succeeding fiscal years, to carry out this

7 title.

8 ‘‘TITLE XV—EDUCATION

9 INFRASTRUCTURE

10 ‘‘SEC. 15001. SHORT TITLE.

11 ‘‘This title may be cited as the ‘Education Infrastruc12 ture Act of 1994’.

13 ‘‘SEC. 15002. FINDINGS.

14 ‘‘The Congress finds that—

15 ‘‘(1) improving the quality of public elementary

16 and secondary school libraries, media centers, and fa17 cilities will help our Nation meet the National Edu18 cation Goals;

19 ‘‘(2) Federal, State, and local funding for the re20 pair, renovation, alteration and construction of pub21 lic elementary and secondary school libraries, media

22 centers, and facilities has not adequately reflected

23 need; and

24 ‘‘(3) the challenges facing our Nation’s public el25 ementary and secondary schools require the concerted
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1 and collaborative efforts of all levels of government

2 and all sectors of the community.

3 ‘‘SEC. 15003. PURPOSE.

4 ‘‘It is the purpose of this title to help our Nation meet

5 the National Education Goals through the repair, renova6 tion, alteration, and construction of public elementary and

7 secondary school libraries, media centers, and facilities,

8 used for academic or vocational instruction.

9 ‘‘SEC. 15004. DEFINITIONS.

10 ‘‘For the purpose of this title—

11 ‘‘(1) the term ‘alteration’ means any change to

12 an existing property for use for a different purpose or

13 function;

14 ‘‘(2) the term ‘construction’ means the erection of

15 a building, structure, or facility, including the con16 current installation of equipment, site preparation,

17 associated roads, parking, and utilities, which pro18 vides area or cubage not previously available, includ19 ing—

20 ‘‘(A) freestanding structures, additional

21 wings, or floors, enclosed courtyards or

22 entryways, and any other means to provide usa23 ble program space that did not previously exist;

24 and
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1 ‘‘(B) the complete replacement of an exist2 ing facility, but only if such replacement is less

3 expensive than alteration, renovation, or repair

4 of the facility;

5 ‘‘(3) the term ‘eligible local education agency’

6 means a local educational agency in which—

7 ‘‘(A) at least 15 percent of the children that

8 reside in the geographic area served by such

9 agency are eligible to be counted under section

10 1123(c)(1) of this Act; or

11 ‘‘(B) the United States owns Federal prop12 erty described in paragraph (5) of section 9014

13 that has an assessed value (determined as of the

14 time or times when acquired) aggregating 90

15 percent or more of the assessed value of all real

16 property in such agency (determined as of the

17 time or times when so acquired); and

18 ‘‘(C) demonstrates in the application sub19 mitted under section 15006 that such agency has

20 urgent repair, renovation, alteration and con21 struction needs for its public elementary or sec22 ondary school libraries, media centers, and fa23 cilities used for academic or vocational instruc24 tion;
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1 ‘‘(4) the term ‘renovation’ means any change to

2 an existing property to allow its more efficient use

3 within such property’s designated purpose; and

4 ‘‘(5) the term ‘repair’ means the restoration of a

5 failed or failing real property facility, component, or

6 a building system to such a condition that such facil7 ity, component, or system may be used effectively for

8 its designated purpose, if, due to the nature or extent

9 of the deterioration or damage to such facility, com10 ponent, or system, such deterioration or damage can11 not be corrected through normal maintenance.

12 ‘‘SEC. 15005. IMPROVEMENT OF PUBLIC ELEMENTARY AND

13 SECONDARY EDUCATION FACILITIES PRO14 GRAM AUTHORIZED.

15 ‘‘(a) PROGRAM AUTHORITY.—

16 ‘‘(1) IN GENERAL.—From amounts appropriated

17 under subsection (b) for any fiscal year, the Secretary

18 shall award grants to eligible local educational agen19 cies with applications approved under section 15006

20 to carry out the authorized activities described in sec21 tion 15008.

22 ‘‘(2) SPECIAL RULE.—The Secretary may reserve

23 not more than 1 percent of the amount appropriated

24 under subsection (b) to provide assistance to Indian

25 schools in accordance with this title.
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1 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated $400,000,000 for fiscal

3 year 1995, and such sums as may be necessary for each

4 of the 4 succeeding fiscal years, to carry out this title.

5 ‘‘SEC. 15006. APPLICATIONS.

6 ‘‘(a) APPLICATIONS REQUIRED.—Each eligible local

7 educational agency desiring to receive a grant under this

8 title shall submit an application to the Secretary.

9 ‘‘(b) APPLICATION CONTENTS.—Each application de10 scribed in subsection (a) shall contain—

11 ‘‘(1) an assurance that the application was de12 veloped in consultation with parents and classroom

13 teachers;

14 ‘‘(2) a description of each architectural, civil,

15 structural, mechanical, or electrical deficiency to be

16 corrected with funds provided under this title, includ17 ing the priority for the repair of the deficiency;

18 ‘‘(3) a description of the criteria used by the ap19 plicant to determine the type of corrective action nec20 essary to meet the purpose of this title;

21 ‘‘(4) a description of the corrective action to be

22 supported with funds provided under this title;

23 ‘‘(5) a cost estimate of the proposed corrective ac24 tion;
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1 ‘‘(6) an identification of other resources, includ2 ing unused bonding capacity, that are available to

3 carry out the activities for which funds are requested

4 under this title;

5 ‘‘(7) a description of how activities supported

6 with funds provided under this title will promote en7 ergy conservation; and

8 ‘‘(8) such other information and assurances as

9 the Secretary may reasonably require.

10 ‘‘SEC. 15007. AWARD OF GRANTS.

11 ‘‘(a) CRITERIA.—The Secretary shall award grants

12 under this title on the basis of—

13 ‘‘(1) high numbers or percentages of the total

14 number of children aged 5 to 17, inclusive, residing

15 in the geographic area served by an eligible local edu16 cational agency who are counted under section

17 1123(c)(1);

18 ‘‘(2) the extent to which the eligible local edu19 cational agency lacks the fiscal capacity, including

20 the ability to raise funds through the full use of such

21 agency’s bonding capacity and otherwise, to under22 take the project without Federal assistance; and

23 ‘‘(3) such other criteria as the Secretary may

24 prescribe by regulation.
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1 ‘‘(b) SPECIAL RULE.—The Secretary shall only award

2 grants under this title if the Secretary determines that suffi3 cient funds will be provided under this title or from other

4 sources, including the issuance of bonds, to carry out the

5 activities for which assistance is sought.

6 ‘‘(c) AWARD CATEGORIES.—

7 ‘‘(1) IN GENERAL.—From the funds appro8 priated to carry out this title for each fiscal year, the

9 Secretary shall award grants to eligible local edu10 cational agencies in each of the following categories:

11 ‘‘(A) Eligible local educational agencies in

12 which the number of students enrolled is less

13 than 2,500.

14 ‘‘(B) Such agencies in which such number

15 is 2,500 or greater but less than 5,000.

16 ‘‘(C) Such agencies in which such number is

17 5,000 or greater but less than 10,000.

18 ‘‘(D) Such agencies in which such number

19 is 10,000 or greater but less than 25,000.

20 ‘‘(E) Such agencies in which such number

21 is 25,000 or greater but less than 50,000.

22 ‘‘(F) Such agencies in which such number is

23 50,000 or greater.

24 ‘‘(2) ALLOCATION AMONG CATEGORIES.—The

25 Secretary shall allocate funds under this title among
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1 the categories described in paragraph (1) on such

2 basis as the Secretary determines is appropriate, after

3 considering such factors as—

4 ‘‘(A) the relative numbers or percentages of

5 students counted under section 1123(c)(1); and

6 ‘‘(B) the relative costs of carrying out ac7 tivities under this title in eligible local edu8 cational agencies in each such category.

9 ‘‘(d) MAXIMUM AWARD AMOUNTS.—The Secretary

10 shall annually set the maximum award amounts for each

11 category described in subsection (c)(1).

12 ‘‘(e) FREQUENCY OF AWARDS.—No local educational

13 agency may receive more than one grant under this title

14 in any five-year period.

15 ‘‘SEC. 15008. AUTHORIZED ACTIVITIES.

16 ‘‘(a) IN GENERAL.—Each eligible local educational

17 agency receiving a grant under this title shall use the grant

18 funds only to—

19 ‘‘(1) ensure the health and safety of students

20 through the repair, renovation, alteration, and con21 struction of a public elementary or secondary school

22 library, media center, or facility, used for academic

23 or vocational instruction; or
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1 ‘‘(2) upgrade or alter such library, center, or fa2 cility in order to accommodate new instructional

3 technology.

4 ‘‘(b) PARTICULAR ACTIVITIES.—Subject to subsection

5 (a), each eligible local educational agency receiving a grant

6 under this title may use the grant funds for activities such

7 as—

8 ‘‘(1) meeting the requirements of section 504 of

9 the Rehabilitation Act of 1973 and the Americans

10 with Disabilities Act of 1990;

11 ‘‘(2) removal or containment of severely hazard12 ous material such as asbestos, lead, and radon using

13 a cost-effective method;

14 ‘‘(3) meeting Federal, State, or local codes relat15 ed to fire, air, light, noise, waste disposal, building

16 height, or other codes passed since the initial con17 struction of such library, center, or facility; and

18 ‘‘(4) replacing an old such library, center, or fa19 cility that is more cost-effective to tear down than to

20 renovate.

21 ‘‘SEC. 15009. REQUIREMENTS.

22 ‘‘(a) SPECIAL RULES.—

23 ‘‘(1) MAINTENANCE OF EFFORT.—An eligible

24 local educational agency may receive a grant under

25 this title for any fiscal year only if the Secretary
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1 finds that either the combined fiscal effort per student

2 or the aggregate expenditures of that agency and the

3 State with respect to the provision of free public edu4 cation by such local educational agency for the pre5 ceding fiscal year was not less than 90 percent of such

6 combined fiscal effort or aggregate expenditures for

7 the fiscal year for which the determination is made.

8 ‘‘(2) SUPPLEMENT NOT SUPPLANT.—An eligible

9 local educational agency shall use funds received

10 under this title only to supplement the amount of

11 funds that would, in the absence of such Federal

12 funds, be made available from non-Federal sources for

13 the repair, renovation, alteration, and construction of

14 school facilities used for educational purposes, and

15 not to supplant such funds.

16 ‘‘(b) GENERAL LIMITATIONS.—

17 ‘‘(1) REAL PROPERTY.—No part of any grant

18 funds under this title shall be used for the acquisition

19 of any interest in real property.

20 ‘‘(2) MAINTENANCE.—Nothing in this title shall

21 be construed to authorize the payment of maintenance

22 costs in connection with any projects constructed in

23 whole or in part with Federal funds provided under

24 this title.
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1 ‘‘(3) ENVIRONMENTAL SAFEGUARDS.—All

2 projects carried out with Federal funds provided

3 under this title shall comply with all relevant Fed4 eral, State, and local environmental laws and regula5 tions.

6 ‘‘(4) ATHLETIC AND SIMILAR FACILITIES.—No

7 funds received under this title shall be used for stadi8 ums or other facilities that are primarily used for

9 athletic contests or exhibitions or other events for

10 which admission is charged to the general public.

11 ‘‘SEC. 15010. FAIR WAGES.

12 ‘‘All laborers and mechanics employed by contractors

13 or subcontractors in the performance of any contract and

14 subcontract for the repair, renovation, alteration, or con15 struction, including painting and decorating, of any build16 ing or work that is financed in whole or in part by a grant

17 under this title, shall be paid wages not less than those de18 termined by the Secretary of Labor in accordance with the

19 Act of March 3, 1931 (commonly known as the Davis-Bacon

20 Act); as amended (40 U.S.C. 276a–276a–5). The Secretary

21 of Labor shall have the authority and functions set forth

22 in reorganization plan of No. 14 of 1950 (15 FR 3176; 64

23 Stat. 1267) and section 2 of the Act of June 1, 1934 (com24 monly known as the Copeland Anti-Kickback Act) as

25 amended (40 U.S.C. 276c, 48 Stat. 948).
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1 ‘‘SEC. 15011. FEDERAL ASSESSMENT.

2 ‘‘The Secretary shall reserve not more than 1 percent

3 of funds appropriated for each fiscal year under section

4 15005(b)—

5 ‘‘(1) to collect such data as the Secretary deter6 mines necessary at the school, local, and State levels;

7 and

8 ‘‘(2) to conduct studies and evaluations, includ9 ing national studies and evaluations, in order to—

10 ‘‘(A) monitor the progress of projects sup11 ported with funds provided under this title; and

12 ‘‘(B) evaluate the state of American public

13 elementary and secondary school libraries, media

14 centers, and facilities; and

15 ‘‘(3) to report to the Congress by July 1, 1997,

16 regarding the findings of the studies and evaluations

17 described in paragraph (2).

18 ‘‘TITLE XVI—URBAN AND RURAL

19 EDUCATION

20 ‘‘SEC. 16001. DEFINITIONS.

21 ‘‘Except as otherwise provided, for the purposes of this

22 title:

23 ‘‘(1) CENTRAL CITY.—The term ‘central city’ has

24 the same meaning used by the Bureau of the Census.

25 ‘‘(2) COMMUNITY-BASED ORGANIZATION.—The

26 term ‘community-based organization’ means a private
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1 nonprofit organization that is representative of a

2 community or significant segments of a community

3 and which has a proven record of providing effective

4 educational or related services to individuals in the

5 community.

6 ‘‘(3) COMMUNITY AS SCHOOL CONCEPT.—The

7 term ‘community as school concept’ means the mutual

8 sharing of the local public school’s and the local com9 munity’s human, financial, technical, and environ10 mental resources to help meet each others needs;

11 ‘‘(4) METROPOLITAN STATISTICAL AREA.—The

12 term ‘metropolitan statistical area’ has the same

13 meaning used by the Bureau of the Census.

14 ‘‘(5) POVERTY LEVEL.—The term ‘poverty level’

15 means the criteria of poverty used by the Bureau of

16 the Census in compiling the most recent decennial

17 census for a family of 4 in such form as those criteria

18 have been updated by increases in the Consumer Price

19 Index for All Urban Consumers.

20 ‘‘(6) RURAL ELIGIBLE LOCAL EDUCATIONAL

21 AGENCY.—The term ‘rural eligible local educational

22 agency’ means a local educational agency—

23 ‘‘(A)(i) in which at least 15 percent of the

24 children enrolled in the schools served by such
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1 agency are eligible to be counted under section

2 1123(c); and

3 ‘‘(ii) which is not in a metropolitan statis4 tical area; or

5 ‘‘(B) in which the total enrollment in the

6 schools served by such agency is less than 2,500

7 students and that does not serve schools located

8 in a metropolitan statistical area.

9 ‘‘(7) STATE.—The term ‘State’ means each of the

10 several States and the District of Columbia, but does

11 not include Guam, American Samoa, the Common12 wealth of Puerto Rico, the United States Virgin Is13 lands, the Commonwealth of the Northern Mariana

14 Islands, the Republic of the Marshall Islands, the Fed15 erated States of Micronesia, and Palau.

16 ‘‘(8) URBAN ELIGIBLE LOCAL EDUCATIONAL

17 AGENCY.—The term ‘urban eligible local educational

18 agency’ means a local educational agency that—

19 ‘‘(A) serves the largest central city in a

20 State;

21 ‘‘(B) enrolls more than 30,000 students and

22 serves a central city with a population of at least

23 200,000 in a metropolitan statistical area; or

24 ‘‘(C) enrolls between 25,000 and 30,000 stu25 dents and serves a central city with a population
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1 of at least 140,000 in a metropolitan statistical

2 area.

3 ‘‘PART A—URBAN SCHOOLS

4 ‘‘SEC. 16101. SHORT TITLE.

5 ‘‘This part may be cited as the ‘Urban Schools of

6 America (USA) Act of 1994’.

7 ‘‘SEC. 16102. FINDINGS.

8 ‘‘The Congress finds that—

9 ‘‘(1) the ability of the Nation’s major urban pub10 lic school systems to meet the Nation’s educational

11 goals will determine the country’s economic competi12 tiveness and academic standing in the world commu13 nity;

14 ‘‘(2) the quality of public education in the Na15 tion’s major urban areas has a direct effect on the

16 economic development of the Nation’s inner cities;

17 ‘‘(3) the success of urban public schools in boost18 ing the achievement of its minority youth attending

19 such schools will determine the ability of the Nation

20 to close the gap between the ‘haves and the have-nots’

21 in society;

22 ‘‘(4) the cost to America’s businesses to provide

23 remedial education to secondary school graduates is

24 approximately $30,000,000,000 per year;
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1 ‘‘(5) urban public schools enroll a disproportion2 ately large share of the Nation’s poor and at-risk

3 youth;

4 ‘‘(6) urban public schools enroll approximately

5 one-third of the Nation’s poor, 40 percent of the Na6 tion’s African-American children, and 30 percent of

7 the Nation’s Hispanic youth;

8 ‘‘(7) nearly 20 percent of the Nation’s limited9 English proficient children and 15 percent of the Na10 tion’s disabled youth are enrolled in urban public

11 schools;

12 ‘‘(8) the academic performance of students in the

13 average inner-city public school system is below that

14 of students in most other kinds of school systems;

15 ‘‘(9) urban public school systems have higher

16 dropout rates, more problems with health care, and

17 less parental participation than other kinds of school

18 systems;

19 ‘‘(10) urban preschoolers have one-half the access

20 to early childhood development programs as do other

21 children;

22 ‘‘(11) shortages of teachers in urban public school

23 systems are 2.5 times greater than such shortages in

24 other kinds of school systems;
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1 ‘‘(12) declining numbers of urban minority sec2 ondary school graduates are pursuing postsecondary

3 educational opportunities;

4 ‘‘(13) urban public school systems have greater

5 problems with teenage pregnancy, discipline, drug

6 abuse, and gangs than do other kinds of school sys7 tems;

8 ‘‘(14) 75 percent of urban public school buildings

9 are over 25 years old, 33 percent of such buildings are

10 over 50 years old, and such buildings are often in se11 rious disrepair and create poor and demoralizing

12 working and learning conditions;

13 ‘‘(15) solving the challenges facing our Nation’s

14 urban schools will require the concerted and collabo15 rative efforts of all levels of government and all sectors

16 of the community;

17 ‘‘(16) Federal and State funding of urban public

18 schools has not adequately reflected need; and

19 ‘‘(17) Federal funding that is well-targeted, flexi20 ble, and accountable would contribute significantly to

21 addressing the comprehensive needs of inner-city pub22 lic schools.

23 ‘‘SEC. 16103. PURPOSE.

24 ‘‘It is the purpose of this part to provide financial as25 sistance to—
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1 ‘‘(1) assist urban public schools in meeting Na2 tional Education Goals;

3 ‘‘(2) improve the educational and social well4 being of urban public school children;

5 ‘‘(3) close the achievement gap between urban

6 and nonurban public school children, while improving

7 the achievement level of all children nationally;

8 ‘‘(4) conduct coordinated research on urban pub9 lic education problems, solutions, and promising

10 practices;

11 ‘‘(5) improve the Nation’s global economic and

12 educational competitiveness by improving the Na13 tion’s urban schools; and

14 ‘‘(6) encourage community, parental, and busi15 ness collaboration in the improvement of urban

16 schools.

17 ‘‘Subpart 1—Urban School Improvement

18 ‘‘SEC. 16121. ALLOCATION OF FUNDS.

19 ‘‘(a) RESERVATION.—

20 ‘‘(1) IN GENERAL.—Subject to paragraph (2), the

21 Secretary shall reserve 5 percent of the amounts ap22 propriated or otherwise made available to carry out

23 this subpart for any fiscal year, to provide incentive

24 awards in accordance with section 16126.
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1 ‘‘(2) INAPPLICABILITY.—Paragraph (1) shall not

2 apply for the first year for which funds are appro3 priated to carry out this subpart.

4 ‘‘(b) FEDERAL ALLOTMENT.—From the remainder of

5 the sums not reserved under subsection (a), the Secretary

6 shall allot to each urban eligible local educational agency

7 with an approved application in each fiscal year an

8 amount which bears the same relationship to such funds

9 as the amount such urban eligible local educational agency

10 was allocated under section 1123 (or for fiscal year 1995

11 only, such section’s predecessor authority) in the preceding

12 fiscal year bears to the total amount received under such

13 section in such preceding fiscal year by all urban eligible

14 local educational agencies.

15 ‘‘(c) RESERVATION FOR COMMUNITY-BASED ORGANI16 ZATIONS AND NONPROFIT PARTNERSHIPS.—Each urban el17 igible local educational agency shall reserve not more than

18 5 percent of the amounts allotted under subsection (b) for

19 any fiscal year, to make as many grants as practicable for

20 the activities described in section 16124 to—

21 ‘‘(1) community-based organizations; or

22 ‘‘(2) nonprofit partnerships between the urban

23 eligible local educational agency and city-wide

24 collaboratives of private sector businesses or univer25 sities.
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1 ‘‘(d) PAYMENTS.—The Secretary shall make annual

2 payments only to urban eligible local educational agencies

3 that—

4 ‘‘(1) comply with the provisions of section 16125;

5 and

6 ‘‘(2) demonstrate to the satisfaction of the Sec7 retary that the data submitted pursuant to section

8 16125 shows progress toward meeting National Edu9 cation Goals.

10 ‘‘(e) ADMINISTRATIVE COSTS.—Not more than 5 per11 cent of any allotment or grant made under this subpart

12 may be used for administrative costs.

13 ‘‘SEC. 16122. APPLICATION.

14 ‘‘(a) APPLICATION REQUIRED.—

15 ‘‘(1) URBAN LOCAL EDUCATIONAL AGENCIES.—

16 ‘‘(A) IN GENERAL.—Any urban local edu17 cational agency desiring to receive an allotment

18 from the Secretary to carry out this subpart

19 shall—

20 ‘‘(i) develop and prepare an applica21 tion;

22 ‘‘(ii) submit to the State educational

23 agency the application for review and com24 ment; and
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1 ‘‘(iii) submit the application described

2 in clause (i) to the Secretary for approval.

3 ‘‘(B) DURATION.—Except as provided in

4 section 16125, the application described in clause

5 (i) may be for a period of not more than 5 years.

6 ‘‘(2) COMMUNITY-BASED ORGANIZATIONS AND

7 NONPROFIT PARTNERSHIPS.—Any community-based

8 organization or nonprofit partnership referred to in

9 section 16121(c) desiring to receive a grant from an

10 urban eligible local educational agency pursuant to

11 section 16126 shall—

12 ‘‘(A) submit an application to the urban el13 igible local educational agency;

14 ‘‘(B) describe in the application the collabo15 rative efforts undertaken with the urban eligible

16 local educational agency in designing a program

17 to meet the purposes of this subpart; and

18 ‘‘(C) describe in the application how funds

19 will be used to help meet the education goals se20 lected by the urban eligible local educational

21 agency pursuant to subsection (b).

22 ‘‘(b) CONTENTS OF URBAN LOCAL EDUCATIONAL

23 AGENCY APPLICATION.—Each application submitted by an

24 urban eligible local educational agency shall include a de25 scription of—
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1 ‘‘(1) the ranking of all schools in the urban eligi2 ble local educational agency by achievement, poverty,

3 and racial isolation and how such schools will be

4 served in accordance with section 16127(a);

5 ‘‘(2) the community served by the urban eligible

6 local educational agency and the effects of the commu7 nity on the educational conditions within the schools

8 served by the urban eligible local educational agency;

9 ‘‘(3) the academic and other goals selected by the

10 urban eligible local educational agency and their rela11 tionship to the standards set for all students under

12 the Goals 2000: Educate America Act or title I of this

13 Act;

14 ‘‘(4) how funds received under this subpart will

15 be used to meet the National Education Goals selected

16 by the urban eligible local educational agency;

17 ‘‘(5) how promising or successful models or pro18 grams will be replicated in designing activities as19 sisted under this subpart; and

20 ‘‘(6) the statistical indicators and other criteria

21 that the urban eligible local educational agency will

22 use to measure progress toward meeting National

23 Education Goals, and a description of what the urban

24 eligible local educational agency has done to ensure

25 that any assessments used to measure such progress
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1 will not have a negative effect on minority or lan2 guage minority students.

3 ‘‘SEC. 16123. PLANNING PERIOD.

4 ‘‘Any urban eligible local educational agency requiring

5 additional planning efforts to meet the provisions of this

6 subpart may use the first 6 months of the initial program

7 year for planning purposes, subject to approval by the Sec8 retary, except that not more than 15 percent of the first

9 year’s allotment shall be used for such purposes. A written

10 report of the results of such planning shall be submitted

11 to the Secretary not later than the end of the first project

12 year.

13 ‘‘SEC. 16124. USES OF FUNDS.

14 ‘‘(a) IN GENERAL.—Funds allotted under this subpart

15 shall be used by urban eligible local educational agencies,

16 community-based organizations, or nonprofit partnerships

17 to meet National Education Goals through programs de18 signed to—

19 ‘‘(1) increase the academic achievement of urban

20 public school children to at least the national average,

21 such as—

22 ‘‘(A) effective public schools programs;

23 ‘‘(B) tutoring, mentoring, and other activi24 ties to improve academic achievement directly;
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1 ‘‘(C) activities designed to increase the par2 ticipation of minority and female students in

3 entry level and advanced courses in mathematics

4 and science;

5 ‘‘(D) supplementary academic instruction;

6 ‘‘(E) efforts to improve problem-solving and

7 higher-order thinking skills;

8 ‘‘(F) programs to increase student motiva9 tion for learning; and

10 ‘‘(G) efforts to lengthen the school day or

11 school year, or to reduce class sizes;

12 ‘‘(2) ensure the readiness of all urban public

13 school children for school, such as—

14 ‘‘(A) full workday, full calendar-year com15 prehensive early childhood development pro16 grams;

17 ‘‘(B) parenting classes and parent involve18 ment activities;

19 ‘‘(C) activities designed to coordinate pre20 kindergarten and child care programs;

21 ‘‘(D) efforts to integrate developmentally

22 appropriate prekindergarten services into the

23 overall public school program;
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1 ‘‘(E) upgrading the qualifications of early

2 childhood education staff and standards for pro3 grams;

4 ‘‘(F) collaborative efforts with health and

5 social service agencies to provide comprehensive

6 services and to facilitate the transition from

7 home to school;

8 ‘‘(G) establishment of comprehensive child

9 care centers in public secondary schools for stu10 dents who are parents and their children; and

11 ‘‘(H) augmenting early childhood develop12 ment programs to meet the special educational

13 and cultural needs of limited-English proficient

14 preschool children;

15 ‘‘(3) increase the graduation rates of urban pub16 lic school students to at least the national average,

17 such as—

18 ‘‘(A) dropout prevention activities and sup19 port services for public school students at-risk of

20 dropping out of school;

21 ‘‘(B) reentry, outreach, and support activi22 ties to recruit students who have dropped out of

23 school to return to school;
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1 ‘‘(C) development of systemwide policies

2 and practices that encourage students to stay in

3 school;

4 ‘‘(D) efforts to provide individualized stu5 dent support, such as mentoring programs;

6 ‘‘(E) collaborative activities between schools,

7 parents, community groups, agencies, and insti8 tutions of higher education aimed at preventing

9 individuals from dropping out of school;

10 ‘‘(F) programs to increase student attend11 ance; and

12 ‘‘(G) alternative programs for students, es13 pecially bilingual and special education stu14 dents, who have dropped out of school or are at

15 risk of dropping out of school;

16 ‘‘(4) prepare urban public school students to

17 enter higher education, pursue careers, and exercise

18 their responsibilities as citizens, such as—

19 ‘‘(A) activities designed to increase the

20 number and percentages of students, particularly

21 minority students, enrolling in postsecondary

22 educational institutions after graduation from

23 public secondary schools;
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1 ‘‘(B) in-school youth employment, voca2 tional education, and career education programs

3 that improve the transition from school to work;

4 ‘‘(C) activities designed in collaboration

5 with colleges and universities to assist urban

6 public school graduates in completing higher

7 education;

8 ‘‘(D) efforts to increase voter registration

9 among eligible public secondary school students;

10 ‘‘(E) activities designed to promote commu11 nity service and volunteerism among students,

12 parents, teachers, and the community; and

13 ‘‘(F) civic education and other programs de14 signed to enhance responsible citizenship and un15 derstanding of the political process;

16 ‘‘(5) recruit and retain qualified teachers, such

17 as—

18 ‘‘(A) school-based management projects and

19 activities;

20 ‘‘(B) programs designed to test efforts to in21 crease the professionalization of teachers or to

22 bring teachers up to national voluntary stand23 ards;
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1 ‘‘(C) alternative routes to certification for

2 qualified individuals from business, the military,

3 and other fields;

4 ‘‘(D) efforts to recruit and retain teachers

5 in critical shortage areas, including early child6 hood teachers, mathematics and science teachers,

7 and special education and bilingual teachers;

8 ‘‘(E) upgrading the skills of teacher aides

9 and paraprofessionals to permit such individuals

10 to become certified teachers;

11 ‘‘(F) activities specifically designed to in12 crease the number of minority teachers in urban

13 schools;

14 ‘‘(G) programs designed to ‘grow your own’

15 teachers;

16 ‘‘(H) incentives for teachers to work in

17 inner-city public schools; and

18 ‘‘(I) collaborative activities with urban uni19 versities to revise and upgrade teacher training

20 programs; or

21 ‘‘(6) decrease the use of drugs and alcohol among

22 urban public school students and enhance the physical

23 and emotional health of such students, such as—
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1 ‘‘(A) activities designed to improve the self2 esteem and self-worth of urban public school stu3 dents;

4 ‘‘(B) the provision of health care services

5 and other social services and the coordination of

6 such services with other health care providers;

7 ‘‘(C) programs designed to improve safety

8 and discipline and reduce in-school violence,

9 vandalism, and gang activity;

10 ‘‘(D) activities that begin in the early

11 grades and are designed to prevent drug and al12 cohol abuse and smoking among students and

13 teachers;

14 ‘‘(E) collaborative activities with other

15 agencies, businesses, and community groups to

16 discourage the advertisement and glorification of

17 drugs and alcohol;

18 ‘‘(F) efforts to enhance health education and

19 nutrition education; and

20 ‘‘(G) alternative public schools, and schools21 within-schools programs, including bilingual and

22 special education programs for public school stu23 dents with special needs.

24 ‘‘(b) SPECIAL RULE.—Funds allotted under this sub25 part may be used for the planning, development, operation,
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1 or expansion of programs and activities that are designed

2 to assist urban public schools in meeting National Edu3 cation Goals, and may include—

4 ‘‘(1) training of teachers and other educational

5 personnel in subject areas, or in instructional tech6 nology and methods that will improve the delivery of

7 services in urban settings and assist in the achieve8 ment of the National Education Goals, including staff

9 development efforts that emphasize multicultural and

10 gender and disability bias-free curricula;

11 ‘‘(2) coordination and collaboration with other

12 municipal agencies, child care organizations, univer13 sities, or the private sector;

14 ‘‘(3) parental involvement and outreach efforts

15 and other activities designed to enhance parental en16 couragement of student learning;

17 ‘‘(4) guidance and psychological counseling, so18 cial work, and other support services that contribute

19 to progress in achieving National Education Goals;

20 ‘‘(5) efforts to acquire and improve access to edu21 cational technology;

22 ‘‘(6) programs to serve homeless children, chil23 dren in desegregation programs, immigrants, mi24 grants, or other highly mobile populations, even if
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1 such individuals do not attend a public school as2 sisted under this subpart; and

3 ‘‘(7) efforts to improve and strengthen the cur4 riculum and coordinate services across grade levels.

5 ‘‘(c) PRIORITY.—Each urban eligible local educational

6 agency submitting an application shall give priority in de7 signing the program assisted under this subpart to activi8 ties that replicate successful efforts in other urban local edu9 cational agencies or expand successful programs within the

10 urban eligible local educational agency.

11 ‘‘SEC. 16125. ACCOUNTABILITY.

12 ‘‘(a) IN GENERAL.—The Secretary may award an al13 lotment under this subpart to an urban eligible local edu14 cational agency to enable such an agency to operate a pro15 gram under this subpart for a period of not more than 5

16 years. If an urban eligible local educational agency receiv17 ing an allotment under this subpart meets the accountabil18 ity requirements described in subsection (b) at the end of

19 the 5-year period, and the requirements described in sub20 section (c) at the end of each year, as determined by the

21 Secretary, such agency shall be eligible to continue the

22 project with funds under this subpart for an additional 3-

23 year period.

24 ‘‘(b) REQUIREMENTS TO MOVE TOWARD NATIONAL

25 EDUCATION GOALS.—
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1 ‘‘(1) PROGRAM CONTINUATION.—Except as pro2 vided in paragraph (2), if after 5 years of receiving

3 an allotment under this subpart an urban eligible

4 local educational agency is able to demonstrate to the

5 satisfaction of the Secretary that such agency has in6 creased the achievement level of urban public school

7 students in the lowest 2 quartiles in the schools served

8 by such agency and assisted under this subpart as

9 measured by the statistical indicators and other cri10 teria specified in the application in excess of the aver11 age such achievement of such students in the 3-year

12 period prior to the initiation of the project, then such

13 agency shall be eligible to continue the project with

14 funds under this title for an additional 5-year period

15 upon reapplication under section 16122.

16 ‘‘(2) SPECIAL RULE.—If after 5 years of receiv17 ing an allotment under this subpart an urban eligible

18 local educational agency is able to demonstrate to the

19 Secretary that it has made significant progress in

20 school improvement, given changes in the student

21 population or other factors beyond such agency’s con22 trol, then such agency shall be considered to have met

23 the requirements of paragraph (1) so long as the

24 achievement level of the schools served by such agency
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1 and assisted under this subpart did not decline over

2 the 5-year period.

3 ‘‘(c) COLLECTION OF DATA.—Each urban eligible local

4 educational agency, community-based organization, univer5 sity, or nonprofit partnership receiving an allotment under

6 this subpart shall annually collect and submit to the Sec7 retary data based on the statistical indicators and other

8 criteria described in the application submitted by such

9 urban eligible local educational agency for the purposes of

10 monitoring progress in achieving National Education

11 Goals. Such data shall include multiple measures or indica12 tors of each variable, and may take into consideration the

13 mobility of students in the schools served under this sub14 part.

15 ‘‘SEC. 16126. INCENTIVE AWARDS TO EXEMPLARY PRO16 GRAMS.

17 ‘‘From amounts reserved pursuant to section 16121(a)

18 or otherwise made available, the Secretary is authorized to

19 make competitive awards to individual public schools par20 ticipating in a program assisted under this subpart that

21 demonstrate to the satisfaction of the Secretary success in

22 at least 3 of the following areas:

23 ‘‘(1) Unusual or exemplary progress in achieving

24 the National Education Goals through programs de25 scribed in section 16124.
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1 ‘‘(2) Exemplary or unusually effective collabo2 rative arrangements between public schools, commu3 nity-based organizations, agencies, parent groups, col4 leges and businesses.

5 ‘‘(3) Identification, review, and removal of po6 tential barriers to student performance in achieving

7 National Education Goals, including a decrease in

8 suspensions, expulsions, in-grade retentions, and abil9 ity groupings, and lack of access to course offerings

10 in pre-algebra and introductory algebra.

11 ‘‘(4) Substantial expansion of the hours that

12 public schools remain open for community use or stu13 dent after-school recreation.

14 ‘‘SEC. 16127. SPECIAL RULES.

15 ‘‘(a) RANKING OF SCHOOLS TO DETERMINE RELATIVE

16 NEED.—

17 ‘‘(1) IN GENERAL.—In order to determine which

18 public schools are most in need of services, each urban

19 eligible local educational agency desiring to receive an

20 allotment under this subpart shall separately rank all

21 public elementary and secondary schools under the ju22 risdiction of such agency on the basis of—

23 ‘‘(A) low achievement;

24 ‘‘(B) high poverty; and

25 ‘‘(C) racial isolation.
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1 ‘‘(2) PERCENTAGE OF SCHOOLS TO BE

2 SERVED.—Each urban eligible local educational agen3 cy that receives an allotment under this subpart shall

4 serve at least 10 percent, but not more than 20 per5 cent, of the public schools under the jurisdiction of

6 such agency.

7 ‘‘(3) CRITERIA FOR SCHOOLS TO BE SERVED.—

8 Subject to paragraph (2) of this subsection, each

9 urban eligible local educational agency that receives

10 an allotment under this subpart—

11 ‘‘(A) shall serve any public school that is

12 determined to be most in need with respect to all

13 3 rankings described in paragraph (1);

14 ‘‘(B) may serve any public school that is de15 termined to be most in need with respect to any

16 1 or more of such rankings; and

17 ‘‘(C) may serve any public school that re18 ceived assistance under this title in a previous

19 fiscal year.

20 ‘‘(b) FLEXIBILITY.—Each urban eligible local edu21 cational agency shall have the flexibility to serve homeless

22 children, children in schools undergoing desegregation, im23 migrants, migrants, or other highly mobile populations

24 within the program assisted under this subpart.
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1 ‘‘Subpart 2—General Provisions

2 ‘‘SEC. 16131. WHITE HOUSE CONFERENCE ON URBAN EDU3 CATION.

4 ‘‘(a) AUTHORIZATION TO CALL CONFERENCE.—

5 ‘‘(1) IN GENERAL.—The President is authorized

6 to call and conduct a White House Conference on

7 Urban Education (referred to in this section as the

8 ‘Conference’) which shall be held not earlier than No9 vember 1, 1995, and not later than October 30, 1996.

10 ‘‘(2) PURPOSE.—The purpose of the Conference

11 shall be to—

12 ‘‘(A) develop recommendations and strate13 gies for the improvement of urban education;

14 ‘‘(B) marshal the forces of the private sector,

15 governmental agencies at all levels, parents,

16 teachers, communities, and education officials to

17 assist urban public schools in achieving National

18 Education Goals; and

19 ‘‘(C) conduct the initial planning for a per20 manent national advisory commission on urban

21 education.

22 ‘‘(b) COMPOSITION OF CONFERENCE.—

23 ‘‘(1) IN GENERAL.—The Conference shall be com24 prised of 12 individuals, including—

25 ‘‘(A) representatives of urban public school

26 systems, including members of the governing
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1 body of local educational agencies, and school su2 perintendents;

3 ‘‘(B) representatives of the Congress, the De4 partment of Education, and other Federal agen5 cies;

6 ‘‘(C) State elected officials and representa7 tives from State educational agencies; and

8 ‘‘(D) individuals with special knowledge of

9 and expertise in urban education.

10 ‘‘(2) SELECTION.—The President shall select one11 third of the participants of the Conference, the Major12 ity Leader of the Senate shall select one-third of such

13 participants, and the Speaker of the House of Rep14 resentatives shall select the remaining one-third of

15 such participants.

16 ‘‘(3) REPRESENTATION.—In selecting the partici17 pants of the Conference, the President, the Majority

18 Leader of the Senate, and the Speaker of the House

19 of the House of Representatives shall ensure that the

20 participants are as representative of the ethnic, ra21 cial, and linguistic diversity of cities as is prac22 ticable.

23 ‘‘(c) REPORT.—

24 ‘‘(1) IN GENERAL.—Not later than 120 days fol25 lowing the termination of the Conference, a final re-
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1 port of the Conference, containing such findings and

2 recommendations as may be made by the Conference,

3 shall be submitted to the President. The final report

4 shall be made public and, not later than 90 days after

5 receipt by the President, transmitted to the Congress

6 together with a statement of the President containing

7 recommendations for implementing the report.

8 ‘‘(2) PUBLICATION AND DISTRIBUTION.—The

9 Conference is authorized to publish and distribute the

10 report described in this section. Copies of the report

11 shall be provided to the Federal depository libraries

12 and made available to local urban public school lead13 ers.

14 ‘‘PART B—RURAL SCHOOLS

15 ‘‘SEC. 16201. SHORT TITLE.

16 ‘‘This part may be cited as the ‘Rural Schools of Amer17 ica (RSA) Act of 1994’.

18 ‘‘SEC. 16202. FINDINGS.

19 ‘‘The Congress finds that—

20 ‘‘(1) the ability of America’s rural public school

21 systems to meet the National Education Goals will

22 contribute to the economic competitiveness and aca23 demic standing of the Nation in the world commu24 nity;
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1 ‘‘(2) the quality of public education in the rural

2 areas of the Nation has a direct effect on the economic

3 development of the rural communities of the Nation;

4 ‘‘(3) the success of rural public schools in boost5 ing the achievement of minority youth attending such

6 schools will determine the ability of the Nation to

7 close the gap between the haves and the have-nots in

8 society;

9 ‘‘(4) the cost to America’s businesses to provide

10 remedial education to secondary public school grad11 uates is approximately $21,000,000,000 per year;

12 ‘‘(5) rural public schools enroll a disproportion13 ately large share of the Nation’s poor and at-risk

14 youth;

15 ‘‘(6) approximately 60 percent of the Nation’s

16 public school districts are rural with a population of

17 less than 2,500;

18 ‘‘(7) approximately one out of every four of

19 America’s rural children are living below the poverty

20 line;

21 ‘‘(8) the academic performance of students in the

22 average rural public school system is below that of

23 students in most suburban school systems;

24 ‘‘(9) rural preschoolers have less access to early

25 childhood development programs than other children;
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1 ‘‘(10) shortages of teachers for rural public school

2 systems is greater than in other kinds of school sys3 tems;

4 ‘‘(11) a declining number of rural public second5 ary school graduates are pursuing postsecondary edu6 cation opportunities;

7 ‘‘(12) the average age of rural public school

8 buildings is more than 45 years old and such build9 ings are often in serious disrepair, creating poor and

10 demoralizing working and learning conditions;

11 ‘‘(13) solving the challenges facing the Nation’s

12 rural public schools will require the concerted and col13 laborative efforts of all levels of government and all

14 sectors of the community;

15 ‘‘(14) Federal and State funding of rural public

16 schools has not adequately reflected need; and

17 ‘‘(15) Federal funding that is well-targeted, flexi18 ble, and accountable would contribute significantly to

19 addressing the comprehensive needs of rural public

20 schools.

21 ‘‘SEC. 16203. PURPOSE.

22 ‘‘It is the purpose of this part to provide financial as23 sistance to rural public schools most in need, to encourage

24 the comprehensive restructuring of America’s rural schools,

25 the appropriate use of telecommunications technologies for
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1 learning, and to support innovative programs which im2 prove performance through programs and projects designed

3 to—

4 ‘‘(1) assist rural public schools in meeting Na5 tional Education Goals;

6 ‘‘(2) encourage rural public schools to engage in

7 school reform;

8 ‘‘(3) develop pilot projects that experiment with

9 innovative ways to teach rural public school children

10 more effectively;

11 ‘‘(4) improve the educational and social well12 being of rural public school children;

13 ‘‘(5) close the achievement gap between children

14 attending rural public schools and other children,

15 while improving the achievement level of all children

16 nationally;

17 ‘‘(6) conduct coordinated research on rural edu18 cation problems, solutions, promising practices, and

19 distance learning technologies;

20 ‘‘(7) improve the Nation’s global economic and

21 educational competitiveness by improving the Na22 tion’s rural public schools;

23 ‘‘(8) encourage community, parental, and busi24 ness collaboration in the improvement of rural public

25 schools;
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1 ‘‘(9) encourage rural school consortia for the pur2 pose of increasing efficiency and course offerings;

3 ‘‘(10) encourage a positive role for rural public

4 schools in local rural entrepreneurship and the identi5 fication of rural community economic development

6 opportunities;

7 ‘‘(11) encourage community-as-school concepts,

8 which include the role public schools can play to as9 sist with rural community economic revitalization;

10 and

11 ‘‘(12) provide meaningful inservice opportunities

12 for rural public school teachers.

13 ‘‘Subpart 1—Rural School Improvement

14 ‘‘SEC. 16221. ALLOTMENT OF FUNDS.

15 ‘‘(a) RESERVATION.—From the amount appropriated

16 or otherwise made available to carry out this subpart for

17 any fiscal year after the first fiscal year in which the Sec18 retary awards allotments to State educational agencies

19 under this subpart, the Secretary shall reserve 5 percent of

20 such funds to provide incentive awards in accordance with

21 section 16226.

22 ‘‘(b) ALLOTMENTS.—

23 ‘‘(1) FEDERAL ALLOTMENT.—From the remain24 der of the funds not reserved under subsection (a), the

25 Secretary shall allot to each State educational agency
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1 with an approved application in each fiscal year an

2 amount which bears the same relationship to such

3 funds as the amount all rural eligible local edu4 cational agencies with approved applications in the

5 State were allocated under section 1123 (or for fiscal

6 year 1995 only, such section’s predecessor authority)

7 in the preceding fiscal year bears to the total amount

8 received under such section (or predecessor authority)

9 in such preceding fiscal year by all rural eligible local

10 educational agencies with approved applications in

11 all States.

12 ‘‘(2) STATE ALLOTMENT.—

13 ‘‘(A) RESERVATION FOR ADMINISTRATIVE

14 EXPENSES.—From amounts received pursuant to

15 paragraph (1), each State educational agency

16 may reserve not more than 1 percent of such

17 amount for administrative expenses.

18 ‘‘(B) RESERVATION FOR COMMUNITY-BASED

19 ORGANIZATIONS AND NONPROFIT PARTNER20 SHIPS.—From amounts received under para21 graph (1) for any fiscal year, each State edu22 cational agency shall reserve not more than 5

23 percent to make as many grants as practicable

24 for activities in accordance with the National
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1 Education Goals and described in section 16224

2 to—

3 ‘‘(i) community-based organizations; or

4 ‘‘(ii) nonprofit partnerships among

5 rural eligible local educational agencies,

6 local colleges or universities, private sector

7 businesses, or any combination thereof, that

8 enter into a written agreement with at least

9 one rural eligible local educational agency.

10 ‘‘(C) FORMULA.—From the remainder of

11 amounts received pursuant to paragraph (1) and

12 not reserved pursuant to subparagraphs (A) and

13 (B) in each fiscal year, each State educational

14 agency shall allot to each rural eligible local edu15 cational agency with an approved application

16 an amount which bears the same relationship to

17 such funds as the amount such rural eligible

18 local educational agency was allocated under sec19 tion 1123 (or for fiscal year 1995 only, such sec20 tion’s predecessor authority) in the preceding fis21 cal year bears to the total amount received under

22 such section (or predecessor authority) in such

23 preceding fiscal year by all rural eligible local

24 educational agencies with approved applications

25 in the State.
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1 ‘‘(D) ADMINISTRATIVE COSTS.—Not more

2 than 5 percent of any rural eligible local edu3 cational agency’s allotment under this subsection

4 may be used for administrative costs.

5 ‘‘(c) REALLOTMENT.—Any amounts available for real6 lotment pursuant to subsections (a) and (b) shall be reallot7 ted in the same manner as the original allotments were

8 made.

9 ‘‘SEC. 16222. APPLICATION.

10 ‘‘(a) STATE APPLICATION.—

11 ‘‘(1) IN GENERAL.—Each State educational

12 agency desiring to receive an allotment in any fiscal

13 year to carry out the provisions of this subpart shall

14 submit an application to the Secretary at such time,

15 in such manner, and accompanied by such informa16 tion as the Secretary may reasonably require.

17 ‘‘(2) CONTENTS.—Each application submitted

18 pursuant to paragraph (1) shall—

19 ‘‘(A) describe the State’s approach to im20 proving education in rural public schools;

21 ‘‘(B) contain such information as the Sec22 retary may reasonably require in order to make

23 the allotment described in section 16221(b)(1);

24 and
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1 ‘‘(C) contain such other information or as2 surances as the Secretary determines necessary to

3 ensure compliance with this subpart.

4 ‘‘(b) LOCAL APPLICATION.—

5 ‘‘(1) IN GENERAL.—Any rural eligible local edu6 cational agency desiring to receive an allotment to

7 carry out this subpart, shall submit an application to

8 the State educational agency at such time, in such

9 manner, and accompanied by such information as the

10 State educational agency may reasonably require.

11 ‘‘(2) CONTENTS OF LOCAL EDUCATIONAL AGENCY

12 APPLICATION.—Each application submitted by a

13 rural eligible local educational agency pursuant to

14 paragraph (1) shall include a description of—

15 ‘‘(A) the community served by the rural eli16 gible local educational agency and the effects of

17 the community on the educational conditions

18 within the public schools served by the rural eli19 gible local educational agency;

20 ‘‘(B) the academic and other goals selected

21 by the rural eligible local educational agency

22 and their relationship to the standards set for all

23 students under the Goals 2000: Educate America

24 Act or title I of this Act;
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1 ‘‘(C) how funds received under this subpart

2 will be used to meet the National Educational

3 Goals selected by the rural eligible local edu4 cational agency;

5 ‘‘(D) how promising or successful models or

6 programs will be replicated in designing activi7 ties assisted under this subpart;

8 ‘‘(E) which federally funded programs and

9 activities are being expanded under this subpart;

10 and

11 ‘‘(F) the statistical indicators and other cri12 teria that the rural eligible local educational

13 agency will use to measure progress toward

14 meeting National Education Goals.

15 ‘‘(3) DURATION.—Except as provided in section

16 16225, the application described in paragraph (1)

17 may be for a period of not more than 5 years.

18 ‘‘(c) COMMUNITY-BASED ORGANIZATIONS AND NON19 PROFIT PARTNERSHIPS.—Any community-based organiza20 tion or nonprofit partnership described in section

21 16221(b)(2)(B) desiring to receive a grant from a State edu22 cational agency pursuant to such section shall—

23 ‘‘(1) prepare and submit an application to the

24 State educational agency;
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1 ‘‘(2) describe in the application the collaborative

2 efforts undertaken with a rural eligible local edu3 cational agency in designing a program to meet the

4 purposes of this part; and

5 ‘‘(3) describe in the application how funds will

6 be used to help meet the education goals selected by

7 a rural eligible local educational agency pursuant to

8 subsection (b) of this section.

9 ‘‘SEC. 16223. PLANNING PERIOD.

10 ‘‘Any rural eligible local educational agency requiring

11 additional planning efforts to meet the requirements of this

12 subpart may use the first 3 months of the initial program

13 year for planning purposes, subject to approval by the State

14 educational agency, except that not more than 10 percent

15 of the first year’s allotment shall be used for such purposes.

16 A written report of the results of the plan shall be submitted

17 to the State educational agency.

18 ‘‘SEC. 16224. USES OF FUNDS.

19 ‘‘(a) IN GENERAL.—Funds allotted under section

20 16221(b)(2) shall be used by rural eligible local educational

21 agencies, or community-based organizations or nonprofit

22 partnerships described in section 16221(b)(2)(B), to meet

23 National Education Goals through programs designed to—
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1 ‘‘(1) increase the academic achievement of rural

2 public school children to at least the national average,

3 including education reform initiatives, such as—

4 ‘‘(A) effective public schools programs;

5 ‘‘(B) tutoring, mentoring, and other activi6 ties to improve academic achievement directly;

7 ‘‘(C) supplementary academic instruction;

8 ‘‘(D) efforts to improve problem-solving and

9 higher-order critical thinking skills;

10 ‘‘(E) programs to increase student motiva11 tion for learning;

12 ‘‘(F) efforts to lengthen the school day,

13 school year, or reduce class sizes; and

14 ‘‘(G) encouraging the establishment of rural

15 school consortia to increase efficiency and course

16 offerings;

17 ‘‘(2) ensure the readiness of all rural children for

18 school, such as—

19 ‘‘(A) full workday, full calendar-year com20 prehensive early childhood development pro21 grams;

22 ‘‘(B) parenting classes, including parenting

23 classes for teenage parents, and parent involve24 ment activities;
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1 ‘‘(C) activities designed to coordinate pre2 kindergarten and child care programs;

3 ‘‘(D) efforts to integrate developmentally

4 appropriate prekindergarten services into the

5 overall public school program;

6 ‘‘(E) improving the skills of early childhood

7 education staff and standards for programs;

8 ‘‘(F) collaborative efforts with health and

9 social service agencies to provide comprehensive

10 services and to facilitate the transition from

11 home to school;

12 ‘‘(G) establishment of comprehensive child

13 care centers in public secondary schools for stu14 dent-parents and their children; and

15 ‘‘(H) augmenting early childhood develop16 ment programs to meet the special educational

17 and cultural needs of limited-English proficient

18 and migrant preschool children;

19 ‘‘(3) increase the graduation rates of rural public

20 school students to at least the national average, when

21 funds are used to serve secondary schools, such as—

22 ‘‘(A) dropout prevention activities and sup23 port services for students at-risk of dropping out

24 of school;
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1 ‘‘(B) reentry, outreach and support activi2 ties to recruit students who have dropped out of

3 school to return to school;

4 ‘‘(C) development of systemwide policies

5 and practices that encourage students to stay in

6 school;

7 ‘‘(D) efforts to provide individualized stu8 dent support;

9 ‘‘(E) collaborative activities between schools,

10 parents, community groups, agencies, and insti11 tutions of higher education aimed at preventing

12 individuals from dropping out of school;

13 ‘‘(F) programs to increase student attend14 ance; and

15 ‘‘(G) alternative programs for students, es16 pecially bilingual, special education, and mi17 grant students, who have dropped out of school

18 or are at risk of dropping out of school;

19 ‘‘(4) prepare rural public school students to enter

20 higher education, pursue careers, and exercise their

21 responsibilities as citizens, such as—

22 ‘‘(A) activities designed to increase the

23 number and percentages of students, enrolling in

24 postsecondary educational institutions after

25 graduation from secondary schools;
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1 ‘‘(B) in-school youth employment, voca2 tional education, and career education programs

3 that improve the transition from school to work;

4 ‘‘(C) activities designed in collaboration

5 with colleges and universities to assist rural pub6 lic school graduates in completing higher edu7 cation;

8 ‘‘(D) activities designed in conjunction with

9 community colleges to provide a kindergarten

10 through grade 14 experience for rural public

11 school secondary school students;

12 ‘‘(E) efforts to increase voter registration

13 among eligible public secondary school students

14 attending schools served by rural eligible local

15 educational agencies;

16 ‘‘(F) activities designed to promote commu17 nity service and volunteerism among students,

18 parents, teachers, and the community;

19 ‘‘(G) civic education, law-related education,

20 and other programs designed to enhance respon21 sible citizenship and understanding of the politi22 cal process; and

23 ‘‘(H) encouraging a positive role for rural

24 public schools in local rural entrepreneurship
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1 and the identification of rural community eco2 nomic development opportunities;

3 ‘‘(5) recruit and retain qualified teachers, such

4 as—

5 ‘‘(A) school-based management projects and

6 activities;

7 ‘‘(B) programs designed to increase the sta8 tus of the teaching profession;

9 ‘‘(C) alternative routes to certification for

10 qualified individuals from business, the military,

11 and other fields;

12 ‘‘(D) efforts to recruit and retain teachers

13 in critical shortage areas, including early child14 hood teachers, mathematics and science teachers,

15 foreign language teachers, and special education

16 and bilingual teachers;

17 ‘‘(E) upgrading the skills of existing class18 room teachers through the use of year-round, sys19 tematic, comprehensive inservice training pro20 grams;

21 ‘‘(F) upgrading the skills of teacher aides

22 and paraprofessionals to assist such individuals

23 in becoming certified teachers;
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1 ‘‘(G) efforts specifically designed to increase

2 the number of minority teachers in rural public

3 schools;

4 ‘‘(H) programs designed to encourage par5 ents and students to enter the teaching profes6 sion;

7 ‘‘(I) incentives for teachers to work in rural

8 public schools;

9 ‘‘(J) collaborative activities with colleges

10 and universities to revise and upgrade teacher

11 training programs to meet the needs of rural

12 public school students; and

13 ‘‘(K) training activities for the purpose of

14 incorporating distance learning technologies; or

15 ‘‘(6) decrease the use of drugs and alcohol among

16 rural public school students, and to enhance the phys17 ical and emotional health of such students, such as—

18 ‘‘(A) activities designed to improve the self19 esteem and self-worth of rural students;

20 ‘‘(B) the provision of health care services

21 and other social services and the coordination of

22 such services with other health care providers;

23 ‘‘(C) programs designed to improve safety

24 and discipline and reduce in-school violence and

25 vandalism;
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1 ‘‘(D) activities that begin in the early

2 grades and are designed to prevent drug and al3 cohol abuse and smoking among students;

4 ‘‘(E) collaborative activities with other

5 agencies, businesses, and community groups;

6 ‘‘(F) efforts to enhance health education and

7 nutrition education; and

8 ‘‘(G) alternative public schools, and schools9 within-schools programs, including bilingual,

10 migrant, and special education programs for

11 students with special needs.

12 ‘‘(b) SPECIAL RULE.—Funds allotted under section

13 16221(b)(2) may be used by rural eligible local educational

14 agencies, or community-based organizations or nonprofit

15 partnerships, described in section 16221(b)(2)(B), for the

16 planning, development, operation, or expansion of pro17 grams and activities that are designed to assist rural public

18 schools in meeting National Education Goals, and may in19 clude—

20 ‘‘(1) training of teachers and other educational

21 personnel in subject areas, or instructional technology

22 and methods, that will improve the delivery of serv23 ices in rural settings in any of the National Edu24 cation Goal areas, including staff development efforts
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1 which emphasize multicultural, gender, and disability

2 bias-free curricula;

3 ‘‘(2) coordination and collaboration with other

4 rural agencies, including State rural development

5 councils, child care organizations, universities, or the

6 private sector;

7 ‘‘(3) parental involvement and outreach efforts

8 and other activities designed to enhance parental en9 couragement of student learning;

10 ‘‘(4) guidance counseling, psychological, social

11 work, and other support services that contribute to

12 progress in achieving National Education Goals;

13 ‘‘(5) efforts to acquire and improve access to edu14 cational technology, including distance learning tech15 nologies;

16 ‘‘(6) programs to serve homeless children, chil17 dren in schools undergoing desegregation, immi18 grants, migrants, or other highly mobile populations,

19 even if such individuals do not attend a rural public

20 school assisted under this subpart;

21 ‘‘(7) efforts to improve, reform and strengthen

22 the curriculum, especially efforts to enhance critical

23 thinking skills among rural students, and efforts to

24 coordinate services across grade levels; and
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1 ‘‘(8) other activities designed to assist in achiev2 ing the National Education Goals.

3 ‘‘(c) PRIORITY.—Each eligible rural local educational

4 agency submitting an application under this section shall

5 give priority in designing the program assisted under this

6 subpart to activities that replicate successful efforts in other

7 local educational agencies or expand successful programs

8 within the rural eligible local educational agency.

9 ‘‘SEC. 16225. ACCOUNTABILITY.

10 ‘‘(a) IN GENERAL.—The State educational agency

11 may award an allotment under this subpart to a rural eli12 gible local educational agency to enable such an agency to

13 operate a program under this subpart for a period of not

14 more than 5 years. If a rural eligible local educational

15 agency receiving an allotment under this subpart meets the

16 accountability requirements described in subsection (b) at

17 the end of 5 years and the requirements described in sub18 section (c) at the end of each year, as determined by the

19 State educational agency, such local educational agency

20 shall be eligible to continue the project with funds under

21 this subpart for an additional 3 years if such local edu22 cational agency so desires.

23 ‘‘(b) REQUIREMENTS TO MOVE TOWARD NATIONAL

24 EDUCATION GOALS.—
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1 ‘‘(1) PROGRAM CONTINUATION.—If, after 5 years

2 of receiving an allotment under this subpart, a rural

3 eligible local educational agency is able to dem4 onstrate to the satisfaction of the State educational

5 agency that such rural eligible local educational agen6 cy has increased the achievement within the lowest 2

7 quartiles of students in rural public schools assisted

8 under this subpart as measured by the statistical in9 dicators and other criteria specified in the applica10 tion in comparison to the year prior to the initiation

11 of the project, then such agency shall be eligible to

12 continue the project with funds under this subpart for

13 an additional 5 years upon reapplication under sec14 tion 16222.

15 ‘‘(2) SPECIAL RULE.—If, after 5 years of receiv16 ing an allotment under this subpart, a rural eligible

17 local educational agency is able to demonstrate to the

18 Secretary that it has made significant progress in

19 school improvement, given changes in the student

20 population or other factors beyond such agency’s con21 trol, then such agency shall be deemed to have met the

22 requirements of paragraph (1) so long as the average

23 achievement level of the public schools assisted under

24 this subpart did not decline over the previous 5-year

25 period.
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1 ‘‘(c) COLLECTION OF DATA AND CERTIFICATION.—

2 ‘‘(1) IN GENERAL.—Each rural eligible local edu3 cational agency, community-based organizations or

4 nonprofit partnerships described in section

5 16221(b)(2)(B), receiving assistance under this sub6 part shall annually collect and submit to the State

7 educational agency data based on the statistical indi8 cators and other criteria described in the application

9 submitted by such rural eligible local educational

10 agency for the purposes of monitoring progress in

11 achieving the National Education Goals in accord12 ance with paragraph (2). Such data shall include

13 multiple measures or indicators of each variable, and

14 may take into consideration the mobility of students

15 in the public schools served under this subpart or

16 other special factors.

17 ‘‘(2) CERTIFICATION.—Each rural eligible local

18 educational agency receiving an allotment pursuant

19 to section 16221(b)(2) shall annually certify to the

20 State educational agency that such rural eligible local

21 educational agency has—

22 ‘‘(A) complied with the provisions of this

23 subsection; and
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1 ‘‘(B) made progress toward meeting Na2 tional Education Goals and the goals described

3 in section 16222(b)(2)(D).

4 ‘‘SEC. 16226. INCENTIVE AWARDS TO EXEMPLARY PRO5 GRAMS.

6 ‘‘From amounts reserved pursuant to section 16221(a)

7 or otherwise made available, the Secretary is authorized to

8 make competitive awards to rural eligible local educational

9 agencies to enable such agencies to provide assistance to in10 dividual schools participating in a program assisted under

11 this subpart that demonstrate to the satisfaction of the Sec12 retary at least 3 of the following:

13 ‘‘(1) Unusual or exemplary progress in achieving

14 the National Education Goals through programs de15 scribed in section 16224.

16 ‘‘(2) Exemplary or unusually effective collabo17 rative arrangements between the schools, community18 based organizations, agencies, parent groups, colleges,

19 and businesses.

20 ‘‘(3) Identification, review and removal of poten21 tial barriers to student performance in the National

22 Education Goal areas, such as suspensions and expul23 sions, in-grade retentions, ability grouping, lack of

24 access to course offerings, and other such barriers.
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1 ‘‘Subpart 2—General Provisions

2 ‘‘SEC. 16231. WHITE HOUSE CONFERENCE ON RURAL EDU3 CATION.

4 ‘‘(a) AUTHORIZATION TO CALL CONFERENCE.—

5 ‘‘(1) IN GENERAL.—The President is authorized

6 to call and conduct a White House Conference on

7 Rural Education (referred to in this section as the

8 ‘Conference’).

9 ‘‘(2) DATE.—The Conference described in para10 graph (1) shall be held not earlier than November 1,

11 1995, and not later than October 30, 1996.

12 ‘‘(3) PURPOSE.—The purposes of the Conference

13 shall be to—

14 ‘‘(A) develop recommendations and strate15 gies for the improvement of rural public edu16 cation;

17 ‘‘(B) marshal the forces of the private sector,

18 governmental agencies at all levels, parents,

19 teachers, communities, and education officials to

20 assist rural public schools in achieving National

21 Education Goals, and make recommendations on

22 the roles rural public schools can play to assist

23 with local rural community economic revitaliza24 tion; and
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1 ‘‘(C) conduct the initial planning for a per2 manent national commission on rural public

3 education.

4 ‘‘(b) COMPOSITION OF CONFERENCE.—

5 ‘‘(1) IN GENERAL.—The Conference shall be com6 prised of—

7 ‘‘(A) representatives of eligible public school

8 systems, including members of the governing

9 body of local educational agencies, school super10 intendents, and classroom teachers;

11 ‘‘(B) representatives of the Congress, the De12 partment of Education, and other Federal agen13 cies;

14 ‘‘(C) State elected officials and representa15 tives from State educational agencies;

16 ‘‘(D) individuals with special knowledge of,

17 and expertise in, rural education, including in18 dividuals involved with rural postsecondary edu19 cation; and

20 ‘‘(E) individuals with special knowledge of,

21 and expertise in, rural business.

22 ‘‘(2) SELECTION.—The President shall select one23 third of the participants of the Conference, the Major24 ity Leader of the Senate shall select one-third of such

25 participants, and the Speaker of the House of Rep-
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1 resentatives shall select the remaining one-third of

2 such participants.

3 ‘‘(3) REPRESENTATION.—In selecting the partici4 pants of the Conference, the President, the Majority

5 Leader of the Senate, and the Speaker of the House

6 of Representatives shall ensure that the participants

7 are as representative of the ethnic, racial, and lan8 guage diversity of rural areas as is practicable.

9 ‘‘(c) REPORT.—

10 ‘‘(1) IN GENERAL.—Not later than 120 days fol11 lowing the termination of the Conference, a final re12 port of the Conference, containing such findings and

13 recommendations as may be made by the Conference,

14 shall be submitted to the President. The final report

15 shall be made public and, not later than 90 days after

16 receipt by the President, transmitted to the Congress

17 together with a statement of the President containing

18 recommendations for implementing the report.

19 ‘‘(2) PUBLICATION AND DISTRIBUTION.—The

20 Conference is authorized to publish and distribute the

21 report described in this section. Copies of the report

22 shall be provided to the Federal depository libraries

23 and made available to local rural school leaders and

24 teachers.
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1 ‘‘PART C—AUTHORIZATION OF APPROPRIATIONS

2 ‘‘SEC. 16301. AUTHORIZATION OF APPROPRIATIONS.

3 ‘‘(a) IN GENERAL.—There are authorized to be appro4 priated $50,000,000 for fiscal year 1995, and such sums

5 as may be necessary for each of the 4 succeeding fiscal years,

6 to carry out this title, of which—

7 ‘‘(1) 50 percent shall be made available to carry

8 out part A; and

9 ‘‘(2) 50 percent shall be made available to carry

10 out part B.

11 ‘‘(b) FEDERAL FUNDS TO SUPPLEMENT NOT SUP12 PLANT NON-FEDERAL FUNDS.—An eligible local edu13 cational agency may use funds received under this title only

14 to supplement and, to the extent practicable, increase the

15 level of funds that would, in the absence of such Federal

16 funds, be made available from non-Federal sources for the

17 education of students participating in activities assisted

18 under this title, and in no such case may such funds be

19 used to supplant funds from non-Federal sources.

20 ‘‘TITLE XVII—GUN-FREE

21 SCHOOLS

22 ‘‘SEC. 17001. GUN-FREE REQUIREMENTS.

23 ‘‘(a) SHORT TITLE.—This section may be cited as the

24 ‘‘Gun-Free Schools Act of 1994’’.

25 ‘‘(b) REQUIREMENTS.—
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1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (3), no assistance may be provided to any local

3 educational agency under this Act unless such agency

4 has in effect a policy requiring the expulsion from

5 school for a period of not less than one year of any

6 student who is determined to have brought a weapon

7 to a school under the jurisdiction of such agency, ex8 cept that such policy may allow the chief administer9 ing officer of such agency to modify such expulsion re10 quirement for a student on a case-by-case basis.

11 ‘‘(2) CONSTRUCTION.—Nothing in this title shall

12 be construed to prevent a local educational agency

13 that has expelled a student from such student’s regu14 lar school setting from providing educational services

15 to such student in an alternative setting, as provided

16 by State law, policy, or otherwise determined by such

17 local educational agency.

18 ‘‘(3) SPECIAL RULE.—(A) Any local educational

19 agency serving a State that has enacted a State law

20 prior to the date of enactment of the Improving

21 America’s Schools Act of 1994 which is in conflict

22 with the not less than 1 year expulsion requirement

23 described in paragraph (1) shall have the period of

24 time described in subparagraph (B) to comply with

25 such requirement.
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1 ‘‘(B) The period of time shall be the period be2 ginning on the date of enactment of the Improving

3 America’s Schools Act and ending 1 year after such

4 date.

5 ‘‘(4) DEFINITION.—For the purpose of this sec6 tion, the term ‘weapon’ means a firearm as such term

7 is defined in section 921 of title 18, United States

8 Code.

9 ‘‘(c) REPORT TO STATE.—Each local educational

10 agency requesting assistance from the State educational

11 agency that is to be provided from funds made available

12 to the State under this Act shall provide to the State, in

13 the application requesting such assistance—

14 ‘‘(1) an assurance that such local educational

15 agency has in effect the policy required by subsection

16 (b); and

17 ‘‘(2) a description of the circumstances surround18 ing any expulsions imposed under the policy required

19 by subsection (b), including—

20 ‘‘(A) the name of the school concerned;

21 ‘‘(B) the number of students expelled from

22 such school; and

23 ‘‘(C) the types of weapons concerned.’’.
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1 TITLE II—AMENDMENTS TO THE

2 GENERAL EDUCATION PROVI3 SIONS ACT

4 PART A—APPLICABILITY OF THE GENERAL

5 EDUCATION PROVISIONS ACT

6 SEC. 211. TITLE; APPLICABILITY; DEFINITIONS.

7 Section 400 of the General Education Provisions Act

8 (20 U.S.C. 1221 et seq.) (hereafter in this title (other than

9 part G) referred to as the ‘‘Act’’) is amended to read as

10 follows:

11 ‘‘SHORT TITLE; APPLICABILITY; DEFINITIONS

12 ‘‘SEC. 400. (a) This title may be cited as the ‘General

13 Education Provisions Act’.

14 ‘‘(b)(1) Except as otherwise provided, this title applies

15 to each applicable program of the Department of Education.

16 ‘‘(2) Except as otherwise provided, this title does not

17 apply to any contract made by the Department of Edu18 cation.

19 ‘‘(c) As used in this title, the following terms have the

20 following meanings:

21 ‘‘(1) The term ‘applicable program’ means any

22 program for which the Secretary or the Department

23 has administrative responsibility as provided by law

24 or by delegation of authority pursuant to law. The

25 term includes each program for which the Secretary
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1 or the Department has administrative responsibility

2 under the Department of Education Organization Act

3 or under Federal law effective after the effective date

4 of that Act.

5 ‘‘(2) The term ‘applicable statute’ means—

6 ‘‘(A) the Act or the title, part, section, or

7 any other subdivision of an Act, as the case may

8 be, that authorizes the appropriation for an ap9 plicable program;

10 ‘‘(B) this title; and

11 ‘‘(C) any other statute that by its terms ex12 pressly controls the administration of an appli13 cable program.

14 ‘‘(3) The term ‘Department’ means the Depart15 ment of Education.

16 ‘‘(4) The term ‘Secretary’ means the Secretary of

17 Education.

18 ‘‘(d) Nothing in this title shall be construed to affect

19 the applicability of title VI of the Civil Rights Act of 1964,

20 title IX of the Education Amendments of 1972, title V of

21 the Rehabilitation Act of 1973, the Age Discrimination Act,

22 or other statutes prohibiting discrimination, to any appli23 cable program.’’.
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1 SEC. 212. REPEAL.

2 Section 400A of the Act (20 U.S.C. 1221–3) is re3 pealed.

4 PART B—THE DEPARTMENT OF EDUCATION

5 SEC. 221. NEW HEADING FOR PART A.

6 The heading for part A of the Act is amended to read

7 as follows:

8 ‘‘PART A—FUNCTIONS OF THE DEPARTMENT OF

9 EDUCATION’’.

10 SEC. 222. GENERAL AUTHORITY OF THE SECRETARY.

11 Section 408 of the Act (20 U.S.C. 1221e–3) is amended

12 to read as follows:

13 ‘‘GENERAL AUTHORITY OF THE SECRETARY

14 ‘‘SEC. 408. The Secretary, in order to carry out func15 tions otherwise vested in the Secretary by law or by delega16 tion of authority pursuant to law, and subject to limita17 tions as may be otherwise imposed by law, is authorized

18 to make, promulgate, issue, rescind, and amend rules and

19 regulations governing the manner of operation of, and gov20 erning the applicable programs administered by, the De21 partment.’’.

22 SEC. 223. REPEALS.

23 Sections 401, 402, 403 (20 U.S.C. 1221c), 406 (20

24 U.S.C. 1221e–1), 406A (20 U.S.C. 1221e–1a), 406B (20

25 U.S.C. 1221e–1b), 406C (20 U.S.C. 1221e–1c), and 407 (20

26 U.S.C. 1221e–2) of the Act are repealed.
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1 PART C—APPROPRIATIONS AND EVALUATIONS

2 SEC. 231. AVAILABILITY OF APPROPRIATIONS.

3 (a) AMENDMENT TO HEADING.—The heading for sec4 tion 412 of the Act (20 U.S.C. 1225) is amended to read

5 as follows:

6 ‘‘AVAILABILITY OF APPROPRIATIONS ON ACADEMIC OR

7 SCHOOL-YEAR BASIS; ADDITIONAL PERIOD FOR OBLI8 GATION OF FUNDS’’.

9 (b) AMENDMENT TO TEXT.—Section 412 of the Act (20

10 U.S.C. 1225) is further amended—

11 (1) in subsection (a)—

12 (A) by striking ‘‘to educational agencies or

13 institutions’’;

14 (B) by striking ‘‘expenditure’’ and inserting

15 ‘‘obligation’’; and

16 (C) by striking ‘‘agency or institution con17 cerned’’ and inserting ‘‘recipient’’;

18 (2) in subsection (b)—

19 (A) by amending the matter preceding

20 paragraph (2) to read as follows:

21 ‘‘(b)(1)(A) Notwithstanding any other provision of

22 law, unless enacted in express limitation of this subsection,

23 any funds from appropriations to carry out any applicable

24 State formula grant program that are not obligated by a

25 recipient by the end of the fiscal year for which such funds
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1 were appropriated shall remain available for obligation by

2 such recipient during the succeeding fiscal year.

3 ‘‘(B) As used in this subsection, the term ‘applicable

4 State formula grant program’ means an applicable pro5 gram the authorizing statute or implementing regulations

6 of which provide a formula for allocating program funds

7 among eligible States.’’; and

8 (B) in paragraph (2)—

9 (i) in the matter preceding subpara10 graph (A)—

11 (I) by striking ‘‘applicable pro12 gram’’ and inserting ‘‘applicable State

13 formula grant program’’; and

14 (II) by striking ‘‘and expendi15 ture’’ and inserting ‘‘and expended’’;

16 and

17 (ii) in subparagraph (B), by striking

18 ‘‘such educational agencies or institutions’’

19 and inserting ‘‘the recipients of such funds’’;

20 and

21 (3) by striking subsection (c).

22 SEC. 232. CONTINGENT EXTENSION OF PROGRAMS.

23 Section 414 of the Act (20 U.S.C. 1226a) is amended

24 to read as follows:
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1 ‘‘CONTINGENT EXTENSION OF PROGRAMS

2 ‘‘SEC. 414. (a) The authorization of appropriations

3 for, or duration of, an applicable program shall be auto4 matically extended for two additional fiscal years unless the

5 Congress, in the regular session that ends prior to the termi6 nal fiscal year of such authorization or duration has passed

7 legislation that becomes law and extends, or has rejected leg8 islation that would have extended, the authorization or du9 ration of such program.

10 ‘‘(b) The amount authorized to be appropriated for the

11 period of automatic extension under subsection (a) of an

12 applicable program shall be the amount authorized to be

13 appropriated for such program for the terminal fiscal year

14 of the applicable program.

15 ‘‘(c) If the Secretary is required, in the terminal fiscal

16 year of an applicable program, to carry out certain acts

17 or make certain determinations that are necessary for the

18 continuation of such program, such acts or determinations

19 shall be required to be carried out or made during the pe20 riod of automatic extension under subsection (a).’’.

21 SEC. 233. BIENNIAL EVALUATION REPORT.

22 Section 417 of the Act (20 U.S.C. 1226c) is amended

23 to read as follows:

24 ‘‘BIENNIAL EVALUATION REPORT

25 ‘‘SEC. 417. Not later than March 31, 1995, and every

26 2 years thereafter, the Secretary shall transmit to the Com-
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1 mittee on Education and Labor of the House of Representa2 tives and the Committee on Labor and Human Resources

3 of the Senate an evaluation report on the effectiveness of

4 applicable programs in achieving their legislated intent and

5 purposes during the 2 preceding fiscal years. Such report

6 shall—

7 ‘‘(1) contain program profiles that include legis8 lative citations, multiyear funding histories, and leg9 islated purposes;

10 ‘‘(2) contain recent information on the progress

11 being made toward the achievement of program objec12 tives, including listings of program performance indi13 cators, data from performance measurement based on

14 the indicators, and information on the costs and bene15 fits of the applicable programs being evaluated;

16 ‘‘(3) address significant program activities, such

17 as initiatives for program improvement, regulations,

18 and program monitoring and evaluation;

19 ‘‘(4) list the principal analyses and studies sup20 porting the major conclusions in the report;

21 ‘‘(5) include available data to indicate the effec22 tiveness of the programs and projects by the race, sex,

23 disability and age of the beneficiaries of such pro24 grams and projects; and
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1 ‘‘(6) include the results of the program evalua2 tions conducted in accordance with section 10107 of

3 the Elementary and Secondary Education Act of

4 1965.’’.

5 SEC. 234. TECHNICAL AMENDMENTS.

6 (a) PAYMENTS.—Section 415 of the Act (20 U.S.C.

7 1226a–1) is amended by striking ‘‘Commissioner’’ and in8 serting ‘‘Secretary’’.

9 (b) PROGRAM PLANNING AND EVALUATION.—Section

10 420 of the Act (20 U.S.C. 1228) is amended—

11 (1) by striking ‘‘title I of’’ and all that follows

12 through ‘‘Congress)’’ and inserting ‘‘title IX of the El13 ementary and Secondary Education Act of 1965’’;

14 and

15 (2) by striking ‘‘subparagraph (C) of section

16 3(d)(2) or section 403(1)(C) of that Act’’ and insert17 ing ‘‘subsections (d) and (g) of section 9004 of such

18 Act or residing on property described in section

19 9014(10) of such Act’’.

20 SEC. 235. REPEALS.

21 Sections 411 (20 U.S.C. 1223), 413 (20 U.S.C. 1226),

22 416 (20 U.S.C. 1226b), and 419 (20 U.S.C. 1227) of the

23 Act are repealed.
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1 PART D—ADMINISTRATION OF EDUCATION

2 PROGRAMS

3 SEC. 241. JOINT FUNDING OF PROGRAMS.

4 Section 421A of the Act (20 U.S.C. 1231) is amended

5 to read as follows:

6 ‘‘JOINT FUNDING OF PROGRAMS

7 ‘‘SEC. 421A. (a)(1) The Secretary is authorized to

8 enter into arrangements with other Federal agencies to

9 jointly carry out projects of common interest, to transfer

10 to such agencies funds appropriated under any applicable

11 program, and to receive and use funds from such agencies,

12 for projects of common interest.

13 ‘‘(2) Funds transferred or received pursuant to para14 graph (1) shall be used only in accordance with the Federal

15 law authorizing the appropriation of such funds and the

16 Federal law appropriating such funds, and shall be made

17 available only to parties eligible to receive such funds under

18 such law.

19 ‘‘(3) If the Secretary enters into a agreement under

20 this subsection for the administration of a project, the agen21 cy administering the project shall use such agency’s proce22 dures to select recipients of funds under such project and

23 to administer the awards, unless the parties to the agree24 ment specify the use of procedures of another agency that

25 is a party to the agreement.
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1 ‘‘(4) If the Secretary has entered into an agreement

2 authorized under this subsection and the Secretary and the

3 heads of the other agencies participating in the agreement

4 determine that joint funding is necessary to address a spe5 cial need consistent with the purposes and authorized ac6 tivities of each program that provides funding under the

7 joint project, the Secretary and the heads of the other par8 ticipating agencies may develop a single set of criteria for

9 the jointly funded project and require each applicant for

10 such project to submit a single application for review by

11 the participating agencies.

12 ‘‘(b) The Secretary may develop the criteria for, and

13 require the submission of, joint applications under two or

14 more applicable programs under which funds are awarded

15 on a competitive basis, and may jointly review and approve

16 such applications separately from other applications under

17 such programs, when the Secretary determines that such

18 joint awards are necessary to address a special need consist19 ent with the purposes and authorized activities of each such

20 program. Any applicant for such a joint award shall meet

21 the eligibility requirements of each such program.’’.

22 SEC. 242. COLLECTION AND DISSEMINATION OF INFORMA23 TION.

24 Section 422 of the Act (20 U.S.C. 1231a) is amended

25 to read as follows:
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1 ‘‘COLLECTION AND DISSEMINATION OF INFORMATION

2 ‘‘SEC. 422. The Secretary shall—

3 ‘‘(1) prepare and disseminate to State and local

4 educational agencies and institutions information

5 concerning applicable programs, and cooperate with

6 other Federal officials who administer programs af7 fecting education in disseminating information con8 cerning such programs;

9 ‘‘(2) inform the public regarding federally sup10 ported education programs; and

11 ‘‘(3) collect data and information on applicable

12 programs for the purpose of obtaining objective meas13 urements of the effectiveness of such programs in

14 achieving the intended purposes of such programs.’’.

15 SEC. 243. REVIEW OF APPLICATIONS.

16 Section 425 of the Act (20 U.S.C. 1231b–2) is amend17 ed—

18 (1) in subsection (a)—

19 (A) by striking ‘‘Commissioner’’ and insert20 ing ‘‘Secretary’’;

21 (B) by striking ‘‘and in the case of the pro22 gram provided for in title I of the Elementary

23 and Secondary Education Act of 1965,’’;

24 (C) in the third sentence, by inserting a

25 comma after ‘‘the hearing’’; and
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1 (D) in the fourth sentence—

2 (i) by striking the comma after ‘‘guide3 lines’’; and

4 (ii) by inserting a comma after ‘‘pro5 gram’’;

6 (2) in subsection (b), by striking ‘‘Commis7 sioner’’ each place such term appears and inserting

8 ‘‘Secretary’’; and

9 (3) in subsection (d)—

10 (A) by striking ‘‘Commissioner’’ each place

11 such term appears and inserting ‘‘Secretary’’;

12 and

13 (B) by inserting before the period ‘‘or issue

14 such other orders as the Secretary may deem ap15 propriate to achieve such compliance’’.

16 SEC. 244. USE OF FUNDS WITHHELD.

17 Section 428 of the Act (20 U.S.C. 1231e) is amended

18 to read as follows:

19 ‘‘USE OF FUNDS WITHHELD

20 ‘‘SEC. 428. (a) At any time that the Secretary makes

21 an allotment or reallotment to any State under any appli22 cable program, the Secretary shall reduce such allotment or

23 reallotment by such amount as the Secretary determines

24 such allotment or reallotment would have been reduced, had

25 the data on which the allotment or reallotment is based ex26 cluded all data relating to local educational agencies of the
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1 State that, on the date of the Secretary’s action, are ineli2 gible to receive the Federal financial assistance involved be3 cause of failure to comply with title VI of the Civil Rights

4 Act of 1964, title IX of the Education Amendments of 1972,

5 section 504 of the Rehabilitation Act of 1973, or the Age

6 Discrimination Act of 1975.

7 ‘‘(b) The Secretary may use any funds withheld under

8 subsection (a)—

9 ‘‘(1) to increase the allotments or reallotments of

10 local educational agencies within the State that are

11 not described in subsection (a), or the allotments or

12 reallotment of all States, in accordance with the Fed13 eral law governing the program; or

14 ‘‘(2) for grants to local educational agencies of

15 that State in accordance with section 405 of the Civil

16 Rights Act of 1964, or for any other program admin17 istered by the Department that is designed to enhance

18 equity in education or redress discrimination on the

19 basis of race, color, national origin, sex, age, or dis20 ability.’’.

21 SEC. 245. APPLICATIONS.

22 Subsection (a) of section 430 of the Act (20 U.S.C.

23 1231g) is amended by striking ‘‘for three fiscal years’’ and

24 inserting ‘‘for more than 1 fiscal year’’.
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1 SEC. 246. REGULATIONS.

2 Section 431 of the Act (20 U.S.C. 1232) is amended

3 to read as follows:

4 ‘‘REGULATIONS

5 ‘‘SEC. 431. (a) For the purpose of this section, the term

6 ‘regulation’ means any generally applicable rule, regula7 tion, guideline, interpretation, or other requirement that—

8 ‘‘(1) is prescribed by the Secretary or the De9 partment; and

10 ‘‘(2) has legally binding effect in connection

11 with, or affecting, the provision of financial assist12 ance under any applicable program.

13 ‘‘(b) Regulations issued by the Secretary or the Depart14 ment shall contain, immediately following each substantive

15 provision of such regulations, citations to the particular sec16 tion or sections of statutory law or other legal authority

17 on which such provision is based.

18 ‘‘(c) All such regulations shall be uniformly applied

19 and enforced throughout the 50 States.

20 ‘‘(d) The Secretary shall promulgate regulations in ac21 cordance with chapter 5 of title 5, United States Code, ex22 cept that the exemption in section 553(a)(2) of such chapter

23 for public property, loans, grants, and benefits shall apply

24 only to regulations—

25 ‘‘(1) that govern a grant competition for the first

26 year of a new program; or
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1 ‘‘(2) where the Secretary determines that the re2 quirements of this subsection will cause extreme hard3 ship to the intended beneficiaries of the program af4 fected by such regulations.

5 ‘‘(e)(1) Following the enactment of any Act, or any

6 part of any Act, affecting the administration of any appli7 cable program, the Secretary shall submit to the Committee

8 on Education and Labor of the House of Representatives

9 and the Committee on Labor and Human Resources of the

10 Senate a schedule in accordance with which the Secretary

11 plans to promulgate final regulations that the Secretary de12 termines are necessary to implement such Act or part of

13 such Act. Subject to paragraph (2) of this subsection, such

14 schedule shall provide that all such final regulations shall

15 be promulgated within 480 days after the date of enactment

16 of such Act or part of such Act.

17 ‘‘(2) If in developing such schedule the Secretary deter18 mines in an exceptional case, for good cause, that a final

19 regulation cannot be promulgated within the period speci20 fied in paragraph (1), the Secretary shall include in such

21 schedule the date by which such regulation will be promul22 gated and the reasons for such determination.

23 ‘‘(3) Except as provided in the following sentence, all

24 such final regulations shall be promulgated in accordance

25 with such schedule. If the Secretary, for good cause, later
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1 determines that the Secretary cannot comply with such

2 schedule for reasons unforeseen at the time such schedule

3 was submitted, the Secretary shall notify such committees

4 of the reasons for such finding and submit a new schedule.

5 All such final regulations shall be promulgated in accord6 ance with such new schedule.

7 ‘‘(f) Concurrently with the publication of any final

8 regulations, the Secretary shall transmit a copy of such

9 final regulations to the Speaker of the House of Representa10 tives and the President pro tempore of the Senate.’’.

11 SEC. 247. RECORDS; REDUCTION IN RETENTION REQUIRE12 MENTS.

13 Section 437 of the Act (20 U.S.C. 1232f) is amended—

14 (1) in subsection (a)—

15 (A) by striking ‘‘grant, subgrant, contract,

16 subcontract, loan, or other arrangement (other

17 than procurement contracts awarded by an ad18 ministrative head of an educational agency)’’

19 and inserting ‘‘grant, subgrant, cooperative

20 agreement, loan or other arrangement’’;

21 (B) by inserting ‘‘financial or pro22 grammatic’’ before ‘‘audit.’’; and

23 (C) by striking the last sentence; and

24 (2) in subsection (b), by striking ‘‘to any records

25 of a recipient which may be related, or pertinent to,
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1 the grants, subgrants, contracts, subcontracts, loans,

2 or other arrangements’’ and inserting ‘‘to any records

3 maintained by a recipient that may be related, or

4 pertinent to, grants, subgrants, cooperative agree5 ments, loans, or other arrangements’’.

6 SEC. 247A. PRIVACY RIGHTS.

7 Section 438 of the Act (20 U.S.C. 1232g) is amended—

8 (1) in subsection (a)—

9 (A) in paragraph (1)—

10 (i) by redesignating subparagraphs (B)

11 and (C) as subparagraphs (C) and (D), re12 spectively; and

13 (ii) by inserting after subparagraph

14 (A) the following new subparagraph:

15 ‘‘(B) No funds under any applicable pro16 gram shall be made available to any State edu17 cational agency (whether or not that agency is

18 an educational agency or institution under this

19 section) that has a policy of denying, or effec20 tively prevents, the parents of students the right

21 to inspect and review the education records

22 maintained by the State educational agency on

23 their children who are or have been in attend24 ance at any school of an educational agency or
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1 institution that is subject to the provisions of

2 this section.’’;

3 (iii) in clause (iii) of subparagraph

4 (C) (as redesignated by clause (i)), by strik5 ing ‘‘(C)’’ and inserting ‘‘(D)’’; and

6 (iv) in subparagraph (D) (as redesig7 nated by clause (i)), by striking ‘‘(B)’’ and

8 inserting ‘‘(C)’’; and

9 (B) in paragraph (2), by striking ‘‘or other

10 rights’’ and inserting ‘‘rights’’;

11 (2) in subsection (b)—

12 (A) in paragraph (1)—

13 (i) in subparagraph (A), by inserting

14 ‘‘, including the educational interests of the

15 child for whom consent would otherwise be

16 required’’ before the semicolon;

17 (ii) in subparagraph (H), by striking

18 ‘‘and’’ after the semicolon;

19 (iii) in subparagraph (I), by striking

20 the period and inserting ‘‘; and’’; and

21 (iv) by adding at the end the following

22 new subparagraph:

23 ‘‘(J)(i) the entity or persons designated in

24 a Federal grand jury subpoena, in which case

25 the court shall order, for good cause shown, the
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1 educational agency or institution (and any offi2 cer, director, employee, agent, or attorney for

3 such agency or institution) on which the sub4 poena is served, to not disclose to any person the

5 existence or contents of the subpoena or any in6 formation furnished to the grand jury in re7 sponse to the subpoena; and

8 ‘‘(ii) the entity or persons designated in

9 any other subpoena issued for a law enforcement

10 purpose, in which case the court or other issuing

11 agency may order, for good cause shown, the

12 educational agency or institution (and any offi13 cer, director, employee, agent, or attorney for

14 such agency or institution) on which the sub15 poena is served, to not disclose to any person the

16 existence or contents of the subpoena or any in17 formation furnished in response to the sub18 poena.’’;

19 (B) in paragraph (2)—

20 (i) by redesignating subparagraphs (A)

21 and (B) as clauses (i) and (ii), respectively;

22 (ii) in clause (ii) (as redesignated by

23 clause (i)), by inserting ‘‘except as provided

24 in paragraph (1)(J),’’ before ‘‘such informa25 tion’’; and
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1 (iii) by adding at the end the following

2 new subparagraph:

3 ‘‘(B) If a third party outside the educational

4 agency or institution permits access to information in

5 violation of subparagraph (A)(i), or fails to destroy

6 information in violation of paragraph (1)(F), the

7 educational agency or institution shall be prohibited

8 from permitting access to information from education

9 records to that third party for a period of at least 5

10 years.’’;

11 (3) in subsection (c), by striking ‘‘The Secretary

12 shall adopt appropriate regulations to’’ and inserting

13 ‘‘Not later than 240 days after the date of enactment

14 of the Improving America’s Schools Act of 1994, the

15 Secretary shall adopt appropriate regulations, or

16 identify existing regulations, which’’;

17 (4) in subsection (e), by inserting ‘‘effectively’’

18 before ‘‘informs’’; and

19 (5) by adding at the end the following new sub20 section:

21 ‘‘(h) Nothing in this section shall prohibit an edu22 cational agency or institution from—

23 ‘‘(1) including appropriate information in the

24 education record of any student whose presence at

25 school is determined by school officials to pose a sig-
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1 nificant risk to the safety or well-being of that stu2 dent, other students, or other members of the school

3 community; or

4 ‘‘(2) disclosing such information to teachers and

5 school officials, including teachers and school officials

6 in other schools, who have legitimate educational in7 terests in the behavior of the student.’’.

8 SEC. 248. TECHNICAL AMENDMENTS.

9 (a) H EADING FOR PART C.—The heading for part C

10 of the Act (20 U.S.C. 1230 et seq.) is amended by striking

11 ‘‘COMMISSIONER OF EDUCATION’’ and inserting ‘‘SEC12 RETARY’’.

13 (b) S ECTION 427.—Section 427 of the Act (20 U.S.C.

14 1231d) is amended—

15 (1) by striking ‘‘Commissioner’’ and inserting

16 ‘‘Secretary’’; and

17 (2) in the second sentence of the matter preceding

18 paragraph (1), by inserting ‘‘is made’’ after ‘‘such de19 termination’’.

20 (c) S ECTION 430.—Section 430 of the Act (20 U.S.C.

21 1231g) is amended by striking ‘‘Commissioner’’ each place

22 such term appears and inserting ‘‘Secretary’’.

23 (d) S ECTION 433.—Section 433 of the Act (20 U.S.C.

24 1232b) is amended by striking ‘‘Except for emergency relief

25 under section 7 of the Act of September 30, 1950 (Public
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1 Law 874, Eighty-first Congress), all laborers’’ and inserting

2 ‘‘All laborers’’.

3 (e) SECTION 434.—

4 (1) A MENDMENT TO HEADING.—The heading for

5 section 434 of the Act (20 U.S.C. 1232c) is amended

6 by striking ‘‘E DUCATIONAL’’.

7 (2) A MENDMENT TO TEXT.—Section 434 of the

8 Act (20 U.S.C. 1232c) is amended—

9 (A) by striking ‘‘Commissioner’’ each place

10 such term appears and inserting ‘‘Secretary’’;

11 (B) by redesignating the matter following

12 paragraph (3) of subsection (b) as subsection (c);

13 and

14 (C) in subsection (c) (as redesignated by

15 subparagraph (B)), by striking ‘‘paragraph (3)’’

16 and inserting ‘‘subsection (b)(3)’’.

17 (f) S ECTION 435.—Section 435 of the Act (20 U.S.C.

18 1232d) is amended—

19 (1) by striking ‘‘Commissioner’’ each place such

20 term appears and inserting ‘‘Secretary’’; and

21 (2) in subsection (a)—

22 (A) by striking the comma after ‘‘submits a

23 plan’’;

24 (B) by striking ‘‘, in the case of programs

25 under chapter 1 and chapter 2 of title I of the
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1 Elementary and Secondary Education Act of

2 1965,’’; and

3 (C) by striking ‘‘title V of such Act’’ and in4 serting ‘‘part A of title V of the Elementary and

5 Secondary Education Act of 1965’’ before ‘‘title

6 V’’.

7 (g) S ECTION 436.—Section 436 of the Act (20 U.S.C.

8 1232e) is amended—

9 (1) in subsection (a), by striking ‘‘that local edu10 cation agency’’ and inserting ‘‘that local educational

11 agency’’; and

12 (2) in subsection (b)—

13 (A) in paragraph (2), by inserting a

14 comma after ‘‘program’’;

15 (B) in paragraph (4), by striking ‘‘Commis16 sioner’’ each place such term appears and insert17 ing ‘‘Secretary’’; and

18 (C) in paragraph (7)(B), by striking

19 ‘‘handicapped individuals’’ and inserting ‘‘indi20 viduals with disabilities’’.

21 (h) S ECTION 438.—Section 438 of the Act (20 U.S.C.

22 1232g) is amended—

23 (1) in subsection (a)(4)(B)(ii), by striking the

24 period and inserting a semicolon;

25 (2) in subsection (b)—
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1 (A) in paragraph (1)(C), by striking ‘‘(iii)

2 an administrative head of an education agency

3 (as defined in section 408(c)), or (iv)’’ and in4 serting ‘‘or (iii)’’;

5 (B) in paragraph (1)(H), by striking

6 ‘‘1954’’ and inserting ‘‘1986’’; and

7 (C) in paragraph (3)—

8 (i) by striking ‘‘(C) an administrative

9 head of an education agency or (D)’’ and

10 inserting ‘‘or (C)’’; and

11 (ii) by striking ‘‘education program’’

12 and inserting ‘‘education programs’’;

13 (3) in subsection (d), by inserting a comma after

14 ‘‘education’’;

15 (4) in subsection (f)—

16 (A) by striking ‘‘, or an administrative

17 head of an education agency,’’;

18 (B) by striking ‘‘enforce provisions of this

19 section’’ and inserting ‘‘enforce this section’’;

20 (C) by striking ‘‘according to the provisions

21 of’’ and inserting ‘‘in accordance with’’; and

22 (D) by striking ‘‘comply with the provisions

23 of this section’’ and inserting ‘‘comply with this

24 section’’; and

25 (5) in subsection (g)—
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1 (A) by striking ‘‘of Health, Education, and

2 Welfare’’; and

3 (B) by striking ‘‘the provisions of’’.

4 SEC. 249. REPEALS.

5 Sections 421 (20 U.S.C. 1230), 423 (20 U.S.C. 1231b),

6 424 (20 U.S.C. 1231b–1), 426 (20 U.S.C. 1231c), 426A (20

7 U.S.C. 1231c–1), and 429 (20 U.S.C. 1231f) of the Act are

8 repealed.

9 SEC. 250. EQUITY FOR STUDENTS, TEACHERS, AND OTHER

10 PROGRAM BENEFICIARIES.

11 Subpart 1 of part C of the Act (20 U.S.C. 1231 et

12 seq.) is further amended by inserting after section 425 the

13 following new section:

14 ‘‘EQUITY FOR STUDENTS, TEACHERS, AND OTHER

15 PROGRAM BENEFICIARIES

16 ‘‘SEC. 426. (a) The purpose of this section is to assist

17 the Department in implementing its mission to ensure

18 equal access to education and to promote educational excel19 lence throughout the Nation, by ensuring equal opportuni20 ties to participate for all eligible students, teachers and

21 other program beneficiaries in any project or activity car22 ried out under an applicable program and promoting the

23 ability of such students, teachers and beneficiaries to meet

24 high standards.

25 ‘‘(b) The Secretary shall require each applicant for as26 sistance under an applicable program (other than an indi-
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1 vidual) to develop and describe in such applicant’s applica2 tion the steps such applicant proposes to take to ensure eq3 uitable access to, and equitable participation in, the project

4 or activity to be conducted with such assistance, by address5 ing the special needs of students, teachers, and other pro6 gram beneficiaries in order to overcome barriers to equitable

7 participation, including barriers based on gender, race,

8 color, national origin, disability, and age.

9 ‘‘(c) The Secretary may establish criteria and provide

10 technical assistance for meeting the requirements of this sec11 tion.

12 ‘‘(d) Nothing in this section shall be construed to alter

13 in any way the rights or responsibilities established under

14 the statutes cited in section 400(d) of this Act.’’.

15 PART E—ADVISORY COMMITTEES

16 SEC. 251. REPEAL.

17 Part D of the Act (20 U.S.C. 1233 et seq.) is repealed.

18 PART F—RELATED AMENDMENTS TO OTHER

19 ACTS

20 SEC. 261. DEPARTMENT OF EDUCATION ORGANIZATION

21 ACT.

22 (a) OFFICE OF PRIVATE EDUCATION.—Title II of the

23 Department of Education Organization Act (20 U.S.C.

24 3411 et seq.) is amended by adding at the end the following

25 new section:
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1 ‘‘OFFICE OF PRIVATE EDUCATION

2 ‘‘SEC. 216. Subject to section 413, there shall be in the

3 Department an Office of Private Education to ensure the

4 maximum participation of nonpublic school students in all

5 applicable programs, as such term is defined in section

6 400(c)(1) of the General Education Provisions Act, for

7 which such children are eligible.’’.

8 (b) RULES; ACQUISITION AND MAINTENANCE OF PROP9 ERTY.—Part B of title IV of the Department of Education

10 Organization Act (20 U.S.C. 3471 et seq.) is amended—

11 (1) in section 414—

12 (A) by striking ‘‘(a)’’; and

13 (B) by striking subsection (b);

14 (2) in section 421, by inserting ‘‘and to accept

15 donations of services’’ after ‘‘personal,’’; and

16 (3) by repealing section 427.

17 PART G—CONFORMING AMENDMENTS

18 SEC. 271. THE REHABILITATION ACT OF 1973.

19 (a) S ECTION 9.—Section 9 of the Rehabilitation Act

20 of 1973 (29 U.S.C. 706) is repealed.

21 (b) S ECTION 100.—Section 100 of the Rehabilitation

22 Act of 1973 (29 U.S.C. 720) is amended by striking sub23 section (d).
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1 TITLE III—AMENDMENTS TO

2 OTHER ACTS

3 PART A—AMENDMENTS TO THE INDIVIDUALS

4 WITH DISABILITIES EDUCATION ACT

5 SEC. 311. ALLOCATIONS UNDER SECTION 611 OF THE IDEA.

6 (a) MAXIMUM AMOUNT.—Subsection (a) of section 611

7 of the Individuals with Disabilities Education Act (here8 after in this part referred to as the ‘‘Act’’) (20 U.S.C.

9 1141(a)) is amended—

10 (1) by amending paragraph (1) to read as fol11 lows:

12 ‘‘(1) Except as provided in paragraph (5), the

13 maximum amount of the grant for which a State is

14 entitled under this section for any fiscal year is—

15 ‘‘(A) the sum of—

16 ‘‘(i) the number of children with dis17 abilities in the State, aged 6 through 21,

18 who are receiving special education and re19 lated services, as determined under para20 graph (3); and

21 ‘‘(ii) if the State is eligible for a grant

22 under section 619, the number of such chil23 dren in the State, aged 3 through 5; multi24 plied by
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1 ‘‘(B) 40 percent of the average per-pupil ex2 penditure in public elementary and secondary

3 schools in the United States.’’;

4 (2) by amending paragraph (2) to read as fol5 lows:

6 ‘‘(2) For the purpose of this section, the term

7 ‘State’ means each of the 50 States, the District of Co8 lumbia, and the Commonwealth of Puerto Rico.’’; and

9 (3) in paragraph (5)(A)—

10 (A) in clause (i), by striking ‘‘and the

11 State’’ and inserting ‘‘, or the combined percent12 age of such children counted by the Secretary for

13 the purpose of making fiscal year 1994 alloca14 tions under this section and under subpart 2 of

15 part D of chapter 1 of title I of the Elementary

16 and Secondary Education Act of 1965 (as such

17 subpart was in existence on the day preceding

18 the date of enactment of the Improving Ameri19 ca’s Schools Act of 1994), whichever is greater, if

20 the State’’;

21 (B) in clause (ii)—

22 (i) by striking ‘‘and the State’’ and in23 serting ‘‘, or the combined percentage of

24 such children counted by the Secretary for

25 the purpose of making fiscal year 1994 allo-
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1 cations under this section and under sub2 part 2 of part D of chapter 1 of title I of

3 the Elementary and Secondary Education

4 Act of 1965 (as such subpart was in exist5 ence on the day preceding the date of enact6 ment of the Improving America’s Schools

7 Act of 1994), whichever is greater, if the

8 State’’; and

9 (ii) by striking ‘‘; and’’ and inserting

10 a period; and

11 (C) by striking clause (iii).

12 (b) STATE USES.—Subsection (b) of section 611 of the

13 Act (20 U.S.C. 1141(b)) is amended to read as follows:

14 ‘‘(b)(1) Notwithstanding subsections (a) and (g), no

15 State shall receive an amount under this section for any

16 of the fiscal years 1995 through 1999 that is less than the

17 sum of the amount such State received for fiscal year 1994

18 under—

19 ‘‘(A) this section; and

20 ‘‘(B) subpart 2 of part D of chapter 1 of title I

21 of the Elementary and Secondary Education Act of

22 1965 (as such subpart was in existence on the day

23 preceding the date of enactment of the Improving

24 America’s Schools Act of 1994) for children with dis25 abilities aged 3 through 21.
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1 ‘‘(2) If, for fiscal year 1998 or 1999, the number of

2 children determined under subsection (a)(3) for any State

3 is less than the total number of children with disabilities,

4 aged 3 through 21, counted for that State’s fiscal year 1994

5 grants under this section and under subpart 2 of part D

6 of chapter 1 of title I of the Elementary and Secondary

7 Education Act of 1965 (as such subpart was in existence

8 on the day preceding the date of enactment of the Improving

9 America’s Schools Act of 1994), then the amount determined

10 under paragraph (1) for that State shall be reduced by the

11 same percentage by which the number of those children so

12 declined.

13 ‘‘(3)(A) If the sums made available under this part

14 for any fiscal year are insufficient to pay the full amounts

15 that all States are eligible to receive under paragraphs (1)

16 and (2) for such year, the Secretary shall ratably reduce

17 the allocations to such States for such year.

18 ‘‘(B) If additional funds become available for making

19 payments under paragraphs (1) and (2) for such fiscal

20 year, allocations that were reduced under subparagraph (A)

21 shall be increased on the same basis as such allocations were

22 reduced.’’.

23 (c) D ISTRIBUTION.—Subsection (c) of section 611 of

24 the Act (20 U.S.C. 1141(c)) is amended—
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1 (1) by amending paragraph (1) to read as fol2 lows:

3 ‘‘(1) Of the funds received under subsection (a)

4 by any State for any fiscal year—

5 ‘‘(A) a State may use not more than 25 per6 cent of such funds in accordance with paragraph

7 (2); and

8 ‘‘(B) except as provided in paragraph (4),

9 the State shall distribute at least 75 percent of

10 such funds to local educational agencies and in11 termediate educational units, in accordance with

12 subsection (d), for use in accordance with prior13 ities established under section 612(3).’’; and

14 (2) in paragraph (2), by amending subpara15 graph (A) to read as follows:

16 ‘‘(A) From the funds that any State may

17 use under paragraph (1)(A) for any fiscal year,

18 the State—

19 ‘‘(i) may use 5 percent of the funds re20 ceived under this section or $450,000,

21 whichever is greater, for administrative

22 costs related to carrying out sections 612

23 and 613; and

24 ‘‘(ii) shall use the remainder—
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1 ‘‘(I) to provide support services

2 and direct services, subject to subpara3 graph (B), in accordance with prior4 ities established under section 612(3);

5 and

6 ‘‘(II) for the administrative costs

7 of monitoring and complaint investiga8 tion, but only to the extent that such

9 costs exceed the costs of administration

10 incurred during fiscal year 1985.’’.

11 (d) F ORMULA.—Subsection (d) of section 611 of the

12 Act (20 U.S.C. 1141(d)) is amended to read as follows:

13 ‘‘(d)(1) From the total amount of funds available for

14 any fiscal year under subsection (c)(1)(B), the State shall

15 provide to each local educational agency or intermediate

16 educational unit an amount that bears the same ratio to

17 such total amount as the number of children, aged 3 through

18 21, determined under subsection (a)(3) for such agency or

19 unit bears to the total number of such children determined

20 for all such agencies and units that apply for such funds.

21 ‘‘(2)(A) To the extent necessary, the State—

22 ‘‘(i) shall use funds available under subsection

23 (c)(2)(A)(ii) to ensure that each State agency that re24 ceived funds for fiscal year 1994 under subpart 2 of

25 part D of chapter 1 of title I of the Elementary and
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1 Secondary Education Act of 1965 (as such subpart

2 was in existence on the day preceding the date of en3 actment of the Improving America’s Schools Act of

4 1994) receives, from the sum of such funds and funds

5 provided under paragraph (1), an amount equal to—

6 ‘‘(I) the number of children, aged 6 through

7 21, determined under subsection (a)(3) for such

8 agency; multiplied by

9 ‘‘(II) the per-child amount provided under

10 such subpart for fiscal year 1994; and

11 ‘‘(ii) shall use such funds, for fiscal years 1995

12 and 1996, and may use such funds for fiscal years

13 1997, 1998 and 1999, to ensure that each local edu14 cational agency that received funds for fiscal year

15 1994 under such subpart for children who had trans16 ferred from a State-operated or State-supported school

17 or program assisted under such subpart receives, from

18 the sum of such funds and funds provided under

19 paragraph (1), an amount for each such child, aged

20 3 through 21, determined under subsection (a)(3) for

21 such agency, equal to the per-child amount the agency

22 received under such subpart for fiscal year 1994.

23 ‘‘(B) For the purpose of subparagraph (A), the number

24 of children determined under subsection (a)(3) for any

25 State agency or local educational agency shall not exceed
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1 the number of children aged 3 through 21 for whom such

2 agency received funds under such subpart for such fiscal

3 year.’’.

4 (e) J URISDICTIONS.—Paragraph (1) of section 611(e)

5 of the Act (20 U.S.C. 1141(e)(1)) is amended to read as

6 follows:

7 ‘‘(1) The jurisdictions to which this subsection

8 applies are Guam, American Samoa, the Virgin Is9 lands, the Commonwealth of the Northern Mariana

10 Islands, and Palau.’’.

11 (f) INSUFFICIENT APPROPRIATIONS.—Subsection (g) of

12 section 611 of the Act (20 U.S.C. 1141(g)) is amended to

13 read as follows:

14 ‘‘(g)(1)(A) If the sums appropriated under subsection

15 (h) for any fiscal year are not sufficient to pay in full the

16 total of the amounts that all States are eligible to receive

17 under subsection (a), each such amount shall be ratably re18 duced.

19 ‘‘(B) If additional funds become available for making

20 such payments for any fiscal year, such reduced amounts

21 shall be increased on the same basis as such payments were

22 reduced.

23 ‘‘(C) Any State that receives any such additional funds

24 shall distribute such funds in accordance with this section,

25 except that any State that has used funds available under
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1 subsection (c)(2)(A)(ii) for the purposes described in sub2 section (d)(2) may—

3 ‘‘(i) deduct, from the amount that the State

4 would otherwise be required to make available to local

5 educational agencies and intermediate educational

6 units, the same amount of such additional funds as

7 the State so used; and

8 ‘‘(ii) use such funds in accordance with sub9 section (c)(2)(A)(ii).

10 ‘‘(2)(A) In any fiscal year for which payments have

11 been reduced and additional funds have not been made

12 available under paragraph (1) to pay in full the amounts

13 for which all States are eligible under this section, each

14 State educational agency shall fix dates by which each local

15 educational agency or intermediate educational unit shall

16 report to the State agency the amount of funds available

17 to such agency under this section that such agency estimates

18 such agency will expend.

19 ‘‘(B) The State educational agency shall, in accordance

20 with this section, reallocate any funds that the State edu21 cational agency determines will not be used during the pe22 riod of availability by local educational agencies and inter23 mediate educational units, and by any such agency or unit

24 to which such funds would be available if such agency or

25 unit applied for such funds under this part, to those local
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1 educational agencies and intermediate educational units

2 that the State educational agency determines will need, and

3 be able to use, additional funds to carry out approved pro4 grams.’’.

5 SEC. 312. TREATMENT OF CHAPTER 1 STATE AGENCIES.

6 Part B of the Act (20 U.S.C. 1141 et seq.) is further

7 amended by inserting after section 614 the following new

8 section:

9 ‘‘TREATMENT OF CHAPTER 1 STATE AGENCIES

10 ‘‘SEC. 614A. (a) For the purpose of making payments

11 under sections 611 and 619 of this Act, any State agency

12 that received funds for fiscal year 1994 under subpart 2

13 of part D of chapter 1 of title I of the Elementary and

14 Secondary Education Act of 1965 (as such subpart was in

15 existence on the day preceding the date of enactment of the

16 Improving America’s Schools Act of 1994) shall be treated

17 as if the State agency were a local educational agency.

18 ‘‘(b) Any State agency which desires to receive pay19 ments under section 611(d) and section 619(c)(3) for any

20 fiscal year shall submit an application to the State edu21 cational agency. Such application shall—

22 ‘‘(1) include an assurance that all children with

23 disabilities who are participating in programs and

24 projects funded under this part receive a free appro25 priate public education, and that such children and
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1 their parents are provided all the rights and proce2 dural safeguards described in this part; and

3 ‘‘(2) meet those requirements of section 614 that

4 the Secretary finds appropriate.

5 ‘‘(c) Section 611(c)(4) shall not apply with respect to

6 a State agency that is eligible for a payment under this

7 part by application of this section.’’.

8 SEC. 313. INFANTS AND TODDLERS WITH DISABILITIES.

9 (a) AMENDMENT.—Subsection (c) of section 684 of the

10 Act (20 U.S.C. 1484) is amended—

11 (1) by redesignating paragraph (2) as para12 graph (6);

13 (2) by amending paragraph (1) to read as fol14 lows:

15 ‘‘(1) Except as provided in paragraphs (3), (4),

16 and (5) from the funds remaining for each fiscal year

17 after the reservation and payments under subsections

18 (a) and (b), the Secretary shall first allot to each

19 State an amount that bears the same ratio to the

20 amount of such remainder as the number of infants

21 and toddlers in the State bears to the number of in22 fants and toddlers in all States.’’; and

23 (3) by inserting after paragraph (1) the follow24 ing new paragraphs:
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1 ‘‘(2) For fiscal year 1995 only, the Secretary

2 shall allot $34,000,000 of the remaining funds de3 scribed in paragraph (1) among the States in propor4 tion to their relative numbers of infants and toddlers

5 with disabilities who—

6 ‘‘(A) are counted on December 1, 1994; and

7 ‘‘(B) would have been eligible to be counted

8 under section 1221(c)(1) of the Elementary and

9 Secondary Education Act of 1965 (as such sec10 tion was in effect on the day preceding the date

11 of the enactment of the Improving America’s

12 Schools Act of 1994).

13 ‘‘(3) Except as provided in paragraphs (4) and

14 (5), no State shall receive an amount under this sec15 tion for any fiscal year that is less than the greater

16 of—

17 ‘‘(A) one-half of one percent of the remain18 ing amount described in paragraph (1), exclud19 ing any amounts allotted under paragraph (2);

20 or

21 ‘‘(B) $500,000.

22 ‘‘(4)(A) Except as provided in paragraph (5), no

23 State shall receive an amount under this section for

24 any of the fiscal years 1995 through 1999 that is less
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1 than the sum of the amount such State received for

2 fiscal year 1994 under—

3 ‘‘(i) this part; and

4 ‘‘(ii) subpart 2 of part D of chapter 1 of

5 title I of the Elementary and Secondary Edu6 cation Act of 1965 (as such subpart was in exist7 ence on the day preceding the date of enactment

8 of the Improving America’s Schools Act of 1994)

9 for children with disabilities from birth through

10 age 2.

11 ‘‘(B) If, for fiscal year 1998 or 1999, the number

12 of infants and toddlers in any State, as determined

13 under paragraph (1), is less than the number of in14 fants and toddlers so determined for fiscal year 1994,

15 the amount determined under subparagraph (A) for

16 that State shall be reduced by the same percentage by

17 which the number of those infants and toddlers so de18 clined.

19 ‘‘(5)(A) If the sums made available under this

20 part for any fiscal year are insufficient to pay the

21 full amounts that all States are eligible to receive

22 under this subsection for such year, the Secretary

23 shall ratably reduce the allocations to such States for

24 such year.
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1 ‘‘(B) If additional funds become available for

2 making payments under this subsection for such fiscal

3 year, allocations that were reduced under subpara4 graph (A) shall be increased on the same basis as such

5 allocations were reduced.’’.

6 (b) EFFECTIVE DATE.—Subsection (a) and the amend7 ments made by subsection (a) shall take effect on October

8 1, 1994.

9 SEC. 314. FAMILY SUPPORT FOR FAMILIES OF CHILDREN

10 WITH DISABILITIES.

11 (a) S HORT TITLE.—This section may be cited as the

12 ‘‘Support for Families of Children With Disabilities Act of

13 1994’’.

14 (b) F AMILY SUPPORT FOR FAMILIES OF CHILDREN

15 WITH DISABILITIES.—

16 The Individuals with Disabilities Education Act (20

17 U.S.C. 1400 et seq.) is amended by adding at the end the

18 following new part:

19 ‘‘PART I—FAMILY SUPPORT

20 ‘‘SEC. 701. SHORT TITLE.

21 ‘‘This part may be cited as the ‘Families of Children

22 With Disabilities Support Act of 1994’.

23 ‘‘SEC. 702. FINDINGS, PURPOSES, AND POLICY.

24 ‘‘(a) FINDINGS.—The Congress makes the following

25 findings:
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1 ‘‘(1) It is in the best interest of our Nation to

2 preserve, strengthen, and maintain the family.

3 ‘‘(2) Families are the greatest natural resource

4 available to their children and are the major provid5 ers of support, care, and training of their children.

6 ‘‘(3) Families of children with disabilities enrich

7 the lives of all citizens through the contributions of

8 such families to the economic, health, and social fab9 ric of their community, State, and Nation.

10 ‘‘(4) A growing number of families are searching

11 for ways to empower themselves to raise their children

12 with disabilities at home and in their communities.

13 Supporting such families to enable them to care for

14 their children with disabilities at home is efficient

15 and can be cost-effective.

16 ‘‘(5) Children, including children with disabil17 ities, benefit from enduring family relationships in a

18 nurturing home environment.

19 ‘‘(6) Many families experience exceptionally high

20 financial outlays and significant physical and emo21 tional challenges in meeting the special needs of their

22 children with disabilities.

23 ‘‘(7) There are financial disincentives for fami24 lies to care for their children with disabilities at

25 home.
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1 ‘‘(8) Most families of children with disabilities

2 do not have access to family-centered and family-di3 rected services to support such families in their efforts

4 to care for their children with disabilities at home.

5 ‘‘(9) There is a need in each State for a com6 prehensive, coordinated, interagency system of family

7 support for families of children with disabilities that

8 is family-centered and family-directed, is easily acces9 sible, avoids duplication, uses existing resources more

10 efficiently, and prevents gaps in services to families

11 in all areas of the State.

12 ‘‘(10) The goals of the Nation properly include

13 the goal of providing families of children with disabil14 ities the family support necessary to accomplish the

15 following:

16 ‘‘(A) To support the family.

17 ‘‘(B) To enable families of children with

18 disabilities to nurture and enjoy their children

19 at home.

20 ‘‘(C) To enable families of children with

21 disabilities to make informed choices and deci22 sions regarding the nature of services, supports,

23 and resources made available to such families.

24 ‘‘(b) PURPOSES.—The purposes of this part are as fol25 lows:
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1 ‘‘(1) To provide financial assistance to the States

2 to support systems change activities designed to assist

3 each State to develop and implement, or expand and

4 enhance, a family-centered and family-directed, cul5 turally competent, community-centered, comprehen6 sive, statewide system of family support for families

7 of children with disabilities that is designed to—

8 ‘‘(A) ensure the full participation, choice

9 and control of families of children with disabil10 ities in decisions related to the provision of such

11 family support for their family;

12 ‘‘(B) ensure the active involvement of fami13 lies of children with disabilities in the planning,

14 development, implementation, and evaluation of

15 such a statewide system;

16 ‘‘(C) increase the availability of, funding

17 for, access to, and provision of family support

18 for families of children with disabilities;

19 ‘‘(D) promote training activities that are

20 family-centered and family-directed and that en21 hance the ability of family members of children

22 with disabilities to increase participation,

23 choice, and control in the provision of family

24 support for families of children with disabilities;
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1 ‘‘(E) increase and promote interagency co2 ordination among State agencies, and between

3 State agencies and private entities that are in4 volved in carrying out activities under section

5 708; and

6 ‘‘(F) increase the awareness of laws, regula7 tions, policies, practices, procedures, and organi8 zational structures, which facilitate or impede

9 the availability or provision of family support

10 for families of children with disabilities.

11 ‘‘(2) To enhance the ability of the Federal Gov12 ernment to—

13 ‘‘(A) identify Federal policies that facilitate

14 or impede family support for families of children

15 with disabilities, and that are consistent with the

16 principles in subsection (c);

17 ‘‘(B) provide States with technical assist18 ance and information relating to the provision of

19 family support for families of children with dis20 abilities;

21 ‘‘(C) conduct an evaluation of the program

22 of grants to States; and

23 ‘‘(D) provide funding for model demonstra24 tion and innovation projects.
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1 ‘‘(c) POLICY.—It is the policy of the United States that

2 all programs, projects, and activities receiving assistance

3 under this part shall be family-centered and family-directed

4 and shall be carried out in a manner consistent with the

5 following principles:

6 ‘‘(1) Family support for families of children

7 with disabilities must focus on the needs of the entire

8 family.

9 ‘‘(2) Families of children with disabilities should

10 be supported in determining their needs and in mak11 ing decisions concerning necessary, desirable, and ap12 propriate services.

13 ‘‘(3) Families should play decisionmaking roles

14 in policies and programs that affect the lives of such

15 families.

16 ‘‘(4) Family needs change over time and family

17 support for families of children with disabilities must

18 offer options that are flexible and responsive to the

19 unique needs and strengths and cultural values of in20 dividual families.

21 ‘‘(5) Family support for families of children

22 with disabilities is proactive and not solely in re23 sponse to a crisis.

24 ‘‘(6) Families must be supported in their efforts

25 to promote the integration and inclusion of their chil-
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1 dren with disabilities into all aspects of community

2 life.

3 ‘‘(7) Family support for families of children

4 with disabilities should promote the use of existing so5 cial networks, strengthen natural sources of support,

6 and help build connections to existing community re7 sources and services.

8 ‘‘(8) Youth with disabilities should be involved in

9 decisionmaking about their own lives, consistent with

10 the unique strengths, resources, priorities, concerns,

11 abilities, and capabilities of each such youth.

12 ‘‘(9) Services and supports must be provided in

13 a manner that demonstrates respect for individual

14 dignity, personal responsibility, self-determination,

15 personal preferences, and cultural differences of fami16 lies.

17 ‘‘(d) R ULE OF CONSTRUCTION.—Nothing in this part

18 shall be construed to prevent families from choosing an out19 of-home placement for their children with disabilities, in20 cluding institutional placement for such children.

21 ‘‘SEC. 703. DEFINITIONS.

22 ‘‘For the purposes of this part, only the following defi23 nitions shall apply:

24 ‘‘(1) CHILD WITH A DISABILITY.—The term

25 ‘child with a disability’ means an individual who
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1 from birth through 21 years of age meets the defini2 tion of disability under paragraph (4).

3 ‘‘(2) COUNCIL.—The term ‘Council’ means a

4 State Policy Council for Families of Children with

5 Disabilities established by a State under section 707.

6 ‘‘(3) CULTURALLY COMPETENT.—The term ‘cul7 turally competent’ means services, supports, or other

8 assistance that is conducted or provided in a manner

9 that—

10 ‘‘(A) is responsive to the beliefs, inter11 personal styles, attitudes, language, and behav12 iors of those individuals receiving services; and

13 ‘‘(B) has the greatest likelihood of ensuring

14 maximum participation of such individuals.

15 ‘‘(4) DISABILITY.—The term ‘disability’ means—

16 ‘‘(A) in the case of an individual 6 years of

17 age or older, a significant physical or mental

18 impairment as defined pursuant to State policy

19 to the extent that such policy is established with20 out regard to type of disability; and

21 ‘‘(B) in the case of infants and young chil22 dren, birth to age 5, inclusive, a substantial de23 velopmental delay or specific congenital or ac24 quired conditions with a high probability of re-
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1 sulting in a disability if services are not pro2 vided.

3 ‘‘(5) EXISTING COUNCIL.—The term ‘existing

4 Council’ means an entity or a committee of an entity

5 that—

6 ‘‘(A) is established by a State prior to the

7 date on which the State submits an application

8 for funding under this part;

9 ‘‘(B) has authority to advise the State with

10 respect to family support for families of children

11 with disabilities; and

12 ‘‘(C) may have the authority to carry out

13 other responsibilities and duties.

14 ‘‘(6) F AMILY.—The term ‘family’ means a group

15 of interdependent persons residing in the same house16 hold that consists of a child with a disability and one

17 or more of the following:

18 ‘‘(A) A mother, father, brother, sister or any

19 combination.

20 ‘‘(B) Extended blood relatives, such as a

21 grandparent, aunt, or uncle.

22 ‘‘(C) An adoptive parent.

23 ‘‘(D) One or more persons to whom legal

24 custody of a child with a disability has been

25 given by a court.
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1 ‘‘(E) A person providing short-term foster

2 care that includes a family reunification plan

3 with the biological family.

4 ‘‘(F) A person providing long-term foster

5 care for a child with a disability.

6 The term does not include employees who, acting in

7 their paid employment capacity, provide services to

8 children with disabilities in out-of-home settings such

9 as hospitals, nursing homes, personal care homes,

10 board and care homes, group homes, or other facili11 ties.

12 ‘‘(7) FAMILY-CENTERED AND FAMILY-DI13 RECTED.—The term ‘family-centered and family-di14 rected’ means, with respect to a service or program,

15 that the service or program—

16 ‘‘(A) facilitates the full participation,

17 choice, and control by families of children with

18 disabilities in—

19 ‘‘(i) decisions relating to the supports

20 that will meet the priorities of the family;

21 and

22 ‘‘(ii) the planning, development, imple23 mentation, and evaluation of the statewide

24 system of family support for families of

25 children with disabilities;
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1 ‘‘(B) responds to the needs of the entire fam2 ily of a child with a disability in a timely and

3 appropriate manner; and

4 ‘‘(C) is easily accessible to and usable by

5 families of children with disabilities.

6 ‘‘(8) FAMILY SATISFACTION.—The term ‘family

7 satisfaction’ means the extent to which a service or

8 support meets a need, solves a problem, or adds value

9 for a family, as determined by the individual family.

10 ‘‘(9) FAMILY SUPPORT FOR FAMILIES OF CHIL11 DREN WITH DISABILITIES.—The term ‘family support

12 for families of children with disabilities’—

13 ‘‘(A) means supports, resources, services,

14 and other assistance provided to families of chil15 dren with disabilities that are designed to—

16 ‘‘(i) support families in the efforts of

17 such families to raise their children with

18 disabilities in the family home;

19 ‘‘(ii) strengthen the role of the family

20 as primary caregiver;

21 ‘‘(iii) prevent inappropriate and un22 wanted out-of-the-home placement and

23 maintain family unity; and
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1 ‘‘(iv) reunite families with children

2 with disabilities who have been placed out

3 of the home, whenever possible; and

4 ‘‘(B) includes—

5 ‘‘(i) service coordination that includes

6 individualized planning and brokering for

7 services with families in control of decision8 making;

9 ‘‘(ii) goods and services, which may in10 clude specialized diagnosis and evaluation,

11 adaptive equipment, respite care (in and

12 out of the home), personal assistance serv13 ices, homemaker or chore services, behav14 ioral supports, assistive technology services

15 and devices, permanency or future plan16 ning, home and vehicle modifications and

17 repairs, equipment and consumable sup18 plies, transportation, specialized nutrition

19 and clothing, counseling services and men20 tal health services for family members, fam21 ily education or training services, commu22 nication services, crisis intervention, day

23 care and child care for a child with a dis24 ability, supports and services for integrated

25 and inclusive community activities, parent
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1 or family member support groups, peer sup2 port, sitter service or companion service,

3 and education aids; and

4 ‘‘(iii) financial assistance, which may

5 include discretionary cash subsidies, allow6 ances, voucher or reimbursement systems,

7 low-interest loans, or lines of credit.

8 ‘‘(10) INTEGRATION AND INCLUSION.—The term

9 ‘integration and inclusion’ with respect to children

10 with disabilities and their families means—

11 ‘‘(A) the use of the same community re12 sources that are used by and available to other

13 individuals and families;

14 ‘‘(B) the full and active participation in the

15 same community activities and utilization of the

16 same community resources as individuals with17 out disabilities, living, learning, working, and

18 enjoying life in regular contact with individuals

19 without disabilities; and

20 ‘‘(C) having friendships and relationships

21 with individuals and families of their own choos22 ing.

23 ‘‘(11) LEAD ENTITY.—The term ‘lead entity’

24 means an office or entity described in section 706.
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1 ‘‘(12) S ECRETARY.—The term ‘Secretary’ means

2 the Secretary of Health and Human Services.

3 ‘‘(13) S ERVICE COORDINATION.—The term ‘serv4 ice coordination’—

5 ‘‘(A) means those family-centered and fam6 ily-directed activities that assist and enable fam7 ilies to receive rights and procedural safeguards

8 and to gain access to social, medical, legal, edu9 cational, and other supports and services; and

10 ‘‘(B) includes—

11 ‘‘(i) follow-along services that assure,

12 through a continuing relationship between a

13 family of a child with a disability and an

14 individual or entity, that the changing

15 needs of the child and family are recognized

16 and appropriately met;

17 ‘‘(ii) the coordination and monitoring

18 of services provided to children with disabil19 ities and their families;

20 ‘‘(iii) the provision of information to

21 children with disabilities and their families

22 about the availability of services and assist23 ance to such children and their families in

24 obtaining appropriate services; and
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1 ‘‘(iv) the facilitation and organization

2 of existing social networks, and natural

3 sources of support, and community re4 sources and services.

5 ‘‘(14) STATEWIDE SYSTEM OF FAMILY SUP6 PORT.—The term ‘statewide system of family support

7 for families of children with disabilities’ means a

8 family-centered and family-directed, culturally com9 petent, community-centered, comprehensive, statewide

10 system of family support for families of children with

11 disabilities developed and implemented by a State

12 under this part that—

13 ‘‘(A) addresses the needs of all families of

14 children with disabilities, including unserved

15 and underserved populations; and

16 ‘‘(B) addresses such needs without regard to

17 the age, type of disability, race, ethnicity, or gen18 der of such children or the particular major life

19 activity for which such children need the assist20 ance.

21 ‘‘(15) SYSTEMS CHANGE ACTIVITIES.—The term

22 ‘systems change activities’ means efforts that result in

23 laws, regulations, policies, practices, or organiza24 tional structures—
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1 ‘‘(A) that are family-centered and family2 directed;

3 ‘‘(B) that facilitate and increase access to,

4 provision of, and funding for, family support

5 services for families of children with disabilities;

6 and

7 ‘‘(C) that otherwise accomplish the purposes

8 of this part.

9 ‘‘(16) UNSERVED AND UNDERSERVED POPU10 LATIONS.—The term ‘unserved and underserved popu11 lations’ includes populations such as individuals from

12 racial and ethnic minority backgrounds, disadvan13 taged individuals, individuals with limited-English

14 proficiency, individuals from underserved geographic

15 areas (rural or urban), and specific groups of indi16 viduals within the population of individuals with dis17 abilities, including individuals with disabilities at18 tributable to physical impairment, mental impair19 ment, or a combination of physical and mental im20 pairments.

21 ‘‘SEC. 704. GRANTS TO STATES.

22 ‘‘(a) I N GENERAL.—The Secretary shall make grants

23 to States on a competitive basis, in accordance with the

24 provisions of this part, to support systems change activities

25 designed to assist States to develop and implement, or ex-
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1 pand and enhance, a statewide system of family support

2 for families of children with disabilities that accomplishes

3 the purposes described in section 702.

4 ‘‘(b) AWARD PERIOD AND GRANT LIMITATION.—No

5 grant shall be awarded for a period greater than 3 years.

6 A State shall be eligible for not more than one grant.

7 ‘‘(c) AMOUNT OF GRANTS.—

8 ‘‘(1) GRANTS TO STATES.—From amounts ap9 propriated under section 716(a), the Secretary shall

10 pay to each State that has an application approved

11 under section 705, for each year of the grant period,

12 an amount that is not less than $200,000 and not

13 more than $500,000.

14 ‘‘(2) G RANTS TO TERRITORIES.—From amounts

15 appropriated under section 716(a) for any fiscal year,

16 the Secretary shall pay to each territory that has an

17 application approved under section 705 not more

18 than $100,000.

19 ‘‘(3) CALCULATION OF AMOUNTS.—The Secretary

20 shall calculate a grant amount described in para21 graph (1) or (2) on the basis of the following:

22 ‘‘(A) The amounts available for making

23 grants under this section.

24 ‘‘(B) The child population of the State or

25 territory concerned.
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1 ‘‘(4) DEFINITIONS.—As used in this subsection:

2 ‘‘(A) S TATE.—The term ‘State’ means each

3 of the 50 States of the United States, the District

4 of Columbia, and the Commonwealth of Puerto

5 Rico.

6 ‘‘(B) TERRITORY.—The term ‘territory’

7 means the United States Virgin Islands, Guam,

8 American Samoa, the Commonwealth of the

9 Northern Mariana Islands, or the Republic of

10 Palau (upon the entry into force and effect of the

11 Compact of Free Association between the United

12 States and the Republic of Palau).

13 ‘‘(d) PRIORITY FOR PREVIOUSLY PARTICIPATING

14 STATES.—Amounts appropriated for purposes of carrying

15 out the provisions of this section in each of the 2 fiscal years

16 succeeding the fiscal year in which amounts are first appro17 priated for such purposes shall first be made available to

18 a State that—

19 ‘‘(1) received a grant under this section during

20 the fiscal year preceding the fiscal year concerned;

21 and

22 ‘‘(2) is making significant progress in accord23 ance with section 710.
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1 ‘‘(e) PRIORITIES FOR DISTRIBUTION.—To the extent

2 practicable, the Secretary shall award grants to States

3 under this section in a manner that—

4 ‘‘(1) is geographically equitable; and

5 ‘‘(2) distributes the grants among States that

6 have differing levels of development of statewide sys7 tems of family support for families of children with

8 disabilities.

9 ‘‘SEC. 705. APPLICATION.

10 ‘‘A State that desires to receive a grant under this part

11 shall submit an application to the Secretary that contains

12 the following information and assurances:

13 ‘‘(1) FAMILY-CENTERED AND FAMILY-DIRECTED

14 APPROACH.—An assurance that the State will use

15 funds made available under this part to accomplish

16 the purposes described in section 702 and the goals,

17 objectives, and family-centered outcomes described in

18 section 709(b) by carrying out systems change activi19 ties in partnership with families and in a manner

20 that is family-centered and family-directed.

21 ‘‘(2) DESIGNATION OF THE LEAD ENTITY.—In22 formation identifying the lead entity, and evidence

23 documenting the abilities of such entity.
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1 ‘‘(3) STATE POLICY COUNCIL FOR FAMILIES OF

2 CHILDREN WITH DISABILITIES.—An assurance of the

3 following:

4 ‘‘(A) The State has established a Council

5 that meets the criteria set forth in section 707.

6 ‘‘(B) The lead entity will seek and consider

7 on a regular and ongoing basis advice from the

8 Council regarding the development and imple9 mentation of the strategic plan under section

10 709, and other policies and procedures of general

11 applicability pertaining to the provision of fam12 ily support for families of children with disabil13 ities in the State.

14 ‘‘(C) The lead entity will include, in its an15 nual progress reports, a summary of advice pro16 vided by the Council, including recommendations

17 from the annual report of the Council and the re18 sponse of the lead entity to such advice and rec19 ommendations.

20 ‘‘(D) The lead entity will transmit to the

21 Council any other plans, reports, and other in22 formation required under this part.

23 ‘‘(4) FAMILY INVOLVEMENT.—A description of

24 the following:
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1 ‘‘(A) The nature and extent of the involve2 ment of families of children with disabilities and

3 individuals with disabilities in the development

4 of the application.

5 ‘‘(B) Strategies for actively involving fami6 lies of children with disabilities and individuals

7 with disabilities in the development, implemen8 tation, and evaluation of the statewide system of

9 family support for families of children with dis10 abilities.

11 ‘‘(C) Strategies for actively involving fami12 lies of children with disabilities who use family

13 support services in decisions relating to such

14 services.

15 ‘‘(5) AGENCY INVOLVEMENT.—A description of

16 the nature and extent of involvement of various State

17 agencies or units within State agencies in the prepa18 ration of the application and the continuing role of

19 each agency in the statewide system of family support

20 for families of children with disabilities.

21 ‘‘(6) STATE RESOURCES.—A description of the

22 State resources and other resources that are available

23 to commit to the statewide system of family support

24 for families of children with disabilities.
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1 ‘‘(7) UNMET NEEDS.—A description of unmet

2 needs for family support for families of children with

3 disabilities within the State.

4 ‘‘(8) PRELIMINARY PLAN.—A preliminary plan

5 that contains information on the program to be car6 ried out under the grant with respect to the goals and

7 objectives of the State for the program and the activi8 ties that the State plans to carry out under the pro9 gram (including the process for appointing individ10 uals to the Council) and that is consistent with the

11 purposes of this part.

12 ‘‘(9) A CTIVITIES.—An assurance that, except for

13 the first year of the grant, the State shall expend not

14 less than 65 percent of the funds made available to a

15 State under this part for grants and contracts to con16 duct the activities described in section 708.

17 ‘‘(10) LIMIT ON ADMINISTRATIVE COSTS.—An as18 surance that the lead entity that receives funding

19 under this part in any fiscal year shall use not more

20 than 5 percent of such funds in such year for admin21 istrative expenses. Such administrative expenses shall

22 not include expenses related to the activities of the

23 Council.
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1 ‘‘(11) STRATEGIC PLAN.—A description of the

2 measures that will be taken by the State to develop

3 a strategic plan in accordance with section 709.

4 ‘‘(12) EVALUATION.—An assurance that the

5 State will conduct an annual evaluation of the state6 wide system of family support for families of children

7 with disabilities in accordance with section 710.

8 ‘‘(13) COORDINATION WITH STATE AND LOCAL

9 COUNCILS.—An assurance that the lead entity will co10 ordinate the activities funded through a grant made

11 under this part with the activities carried out by

12 other relevant councils within the State.

13 ‘‘(14) SUPPLEMENT OTHER FUNDS.—An assur14 ance, with respect to amounts received under a grant,

15 of the following:

16 ‘‘(A) Such grant will be used to supplement

17 and not supplant amounts available from other

18 sources that are expended for programs of family

19 support for families of children with disabilities,

20 including the provision of family support.

21 ‘‘(B) Such grant will not be used to pay a

22 financial obligation for family support for fami23 lies of children with disabilities that would have

24 been paid with amounts available from other
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1 sources if amounts under such grant had not

2 been available.

3 ‘‘(15) OTHER INFORMATION AND ASSURANCES.—

4 Such other information and assurances as the Sec5 retary may reasonably require.

6 ‘‘SEC. 706. DESIGNATION OF THE LEAD ENTITY.

7 ‘‘(a) D ESIGNATION.—The Chief Executive Officer of a

8 State that desires to receive a grant under section 704, shall

9 designate the office or entity (referred to in this part as

10 the ‘‘lead entity ’’) responsible for—

11 ‘‘(1) submitting the application under section

12 705 on behalf of the State;

13 ‘‘(2) administering and supervising the use of

14 the amounts made available under the grant;

15 ‘‘(3) coordinating efforts related to and super16 vising the preparation of the application;

17 ‘‘(4) coordinating the planning, development,

18 implementation (or expansion and enhancement), and

19 evaluation of a statewide system of family support

20 services for families of children with disabilities

21 among public agencies and between public agencies

22 and private agencies, including coordinating efforts

23 related to entering into interagency agreements; and
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1 ‘‘(5) coordinating efforts related to the meaning2 ful participation by families in activities carried out

3 under a grant awarded under this part.

4 ‘‘(b) QUALIFICATIONS.—In designating the lead entity,

5 the Chief Executive Officer may designate—

6 ‘‘(1) an office of the Chief Executive Officer;

7 ‘‘(2) a commission appointed by the Chief Exec8 utive Officer;

9 ‘‘(3) a public agency;

10 ‘‘(4) a council established under Federal or State

11 law; or

12 ‘‘(5) another appropriate office, agency, or en13 tity.

14 ‘‘(c) CAPABILITIES OF THE LEAD ENTITY.—The State

15 shall provide, in accordance with the requirements of sec16 tion 705, evidence that the lead entity has the capacity—

17 ‘‘(1) to promote a statewide system of family

18 support for families of children with disabilities

19 throughout the State;

20 ‘‘(2) to promote and implement systems change

21 activities;

22 ‘‘(3) to maximize access to public and private

23 funds for family support services for families of chil24 dren with disabilities;
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1 ‘‘(4) to implement effective strategies for capacity

2 building, family and professional training, and access

3 to and funding for family support services for fami4 lies of children with disabilities across agencies;

5 ‘‘(5) to promote and facilitate the implementa6 tion of family support services for families of children

7 with disabilities that are family-centered and family8 directed, and flexible, and that provide families with

9 the greatest possible decisionmaking authority and

10 control regarding the nature and use of services and

11 supports;

12 ‘‘(6) to promote leadership by families in plan13 ning, policy development, implementation, and eval14 uation of family support services for families of chil15 dren with disabilities, and parent-professional part16 nerships; and

17 ‘‘(7) to promote and develop interagency coordi18 nation and collaboration.

19 ‘‘SEC. 707. STATE POLICY COUNCIL FOR FAMILY SUPPORT

20 FOR FAMILIES OF CHILDREN WITH DISABIL21 ITIES.

22 ‘‘(a) ESTABLISHMENT.—A State that desires to receive

23 financial assistance under this part shall, prior to the re24 ceipt of funds under this part, establish a State Policy

25 Council for Families of Children with Disabilities.
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1 ‘‘(b) APPOINTMENTS.—

2 ‘‘(1) MEMBERS.—Members of the Council shall

3 be appointed by the Chief Executive Officer of the

4 State or the appropriate official within the State re5 sponsible for making appointments in accordance

6 with subsection (c). The appointing authority shall

7 select members after soliciting recommendations from

8 the State Developmental Disabilities Council, parent

9 or family organizations, and other organizations rep10 resenting the full range of disabilities covered under

11 this part. The appointing authority shall ensure that

12 the membership of the Council reasonably represents

13 the population of the State and shall establish guide14 lines for terms of Council members.

15 ‘‘(2) CHAIRPERSON.—The Council shall elect a

16 member of the Council to serve as the Chairperson of

17 the Council. The Chairperson shall be a family mem18 ber, as described in subsection (c)(1).

19 ‘‘(c) COMPOSITION.—The Council shall be composed

20 of—

21 ‘‘(1) a majority of members who are—

22 ‘‘(A) individuals who are family members of

23 children with disabilities, are eligible for family

24 support, and represent the diversity of families

25 within the State; and
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1 ‘‘(B) children with disabilities, from age 18

2 to 21, and are representative of the demographics

3 of the State;

4 ‘‘(2) members—

5 ‘‘(A) who are from State agencies with sig6 nificant responsibility for the provision of, or

7 payment for, family support services to families

8 of children with disabilities, and who have suffi9 cient authority to engage in policy planning and

10 implementation on behalf of such agencies; and

11 ‘‘(B) who are from the office of the Chief

12 Executive Officer of the State with responsibility

13 with respect to budget and finance; and

14 ‘‘(3) such additional members as the appointing

15 authority considers appropriate.

16 ‘‘(d) FUNCTIONS.—The Council shall—

17 ‘‘(1) establish formal policies regarding the oper18 ation of the Council;

19 ‘‘(2) advise and assist the lead entity in the per20 formance of responsibilities described in section

21 706(a), particularly the promotion of interagency

22 agreements and the promotion of meaningful partici23 pation by families in all aspects of the statewide sys24 tem of family support for families of children with

25 disabilities;
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1 ‘‘(3) advise and assist State agencies in the de2 velopment of policies and procedures relating to the

3 provision of family support for families of children

4 with disabilities in the State;

5 ‘‘(4) advise and assist the lead entity in the de6 velopment of all aspects of a strategic plan under sec7 tion 709, including—

8 ‘‘(A) the mission, purpose, and principles of

9 the statewide system of family support for fami10 lies of children with disabilities;

11 ‘‘(B) the statement of family-centered out12 comes;

13 ‘‘(C) the goals, objectives, and activities;

14 ‘‘(D) the quality improvement or quality

15 enhancement system;

16 ‘‘(E) the appeals process;

17 ‘‘(F) the eligibility criteria to be used for all

18 programs, projects, and activities carried out

19 under this part;

20 ‘‘(G) the analysis of the extent to which

21 family support for families of children with dis22 abilities is defined as a benefit and not as in23 come; and
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1 ‘‘(H) the approach to the evaluation of the

2 statewide system of family support for families

3 of children with disabilities;

4 ‘‘(5) advise and assist the lead entity in the im5 plementation of systems change activities;

6 ‘‘(6) advise and assist the lead entity in assess7 ing family satisfaction with the statewide system of

8 family support for families of children with disabil9 ities;

10 ‘‘(7) review, analyze, and comment on the strate11 gic plan and updates to the plan, progress reports,

12 and annual budgets;

13 ‘‘(8) advise and assist the lead entity in the

14 identification of Federal and State barriers that im15 pede the development of a statewide system of family

16 support for families of children with disabilities; and

17 ‘‘(9) prepare and submit to the Chief Executive

18 Officer of the State, the State legislature, and to the

19 Secretary an annual report on the status of family

20 support services for families of children with disabil21 ities, and make such report available to the public.

22 ‘‘(e) HEARINGS AND FORUMS.—The Council is author23 ized to hold such hearings and forums as the Council may

24 determine to be necessary to carry out the duties of the

25 Council.
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1 ‘‘(f) CONFLICT OF INTEREST.—No member of the

2 Council shall cast a vote on any matter that would provide

3 direct financial benefit to such member or otherwise give

4 the appearance of a conflict of interest under applicable

5 State law.

6 ‘‘(g) COMPENSATION AND EXPENSES.—The Council

7 may, consistent with State law, use such resources to reim8 burse members of the Council for reasonable and necessary

9 expenses of attending Council meetings and performing

10 Council duties (including child care and personal assist11 ance services), and to pay compensation to a member of

12 the Council, if such member is not employed or must forfeit

13 wages from other employment, for each day the member is

14 engaged in performing Council duties.

15 ‘‘(h) USE OF EXISTING COUNCIL.—

16 ‘‘(1) IN GENERAL.—To the extent that a State

17 has an existing Council, the existing Council shall be

18 considered in compliance with this section if the exist19 ing Council meets the requirements under paragraph

20 (2).

21 ‘‘(2) REQUIREMENTS.—An existing Council

22 shall—

23 ‘‘(A) include a majority of members who are

24 family members of children with disabilities and
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1 who are children with disabilities (from age 18

2 to 21);

3 ‘‘(B) in the case in which the existing Coun4 cil does not represent the full range of families

5 and individuals described in subsection (c)(1),

6 adopt strategies that will ensure the full partici7 pation of such families and individuals in all

8 activities carried out by the Council; and

9 ‘‘(C) carry out functions and authorities

10 that are comparable to the functions and au11 thorities described in subsections (d) through (g).

12 ‘‘(3) DOCUMENTATION OF COMPLIANCE.—Any

13 State that has an existing Council shall include in a

14 grant application submitted under section 705 and in

15 subsequent annual progress reports submitted to the

16 Secretary under section 710, a description of the

17 measures that are being taken or that are planned, to

18 ensure that the existing Council of the State complies

19 with this section.

20 ‘‘SEC. 708. AUTHORIZED ACTIVITIES.

21 ‘‘A State that receives a grant under section 704 may

22 use the funds made available through the grant to carry

23 out systems change activities, which accomplish the pur24 poses described in section 702, such as the following activi25 ties:
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1 ‘‘(1) TRAINING AND TECHNICAL ASSISTANCE.—

2 The State may support training and technical assist3 ance activities for family members, service providers,

4 community members, professionals, members of the

5 Council, students and others that will do the follow6 ing:

7 ‘‘(A) Increase family participation, choice,

8 and control in the provision of family support

9 for families of children with disabilities.

10 ‘‘(B) Promote partnerships with families of

11 children with disabilities at all levels of the serv12 ice system.

13 ‘‘(C) Develop or strengthen family-centered

14 and family-directed approaches to services, in15 cluding service coordination services, service

16 planning services, and respite care services.

17 ‘‘(D) Assist families of children with dis18 abilities in accessing natural and community

19 supports and in obtaining benefits and services.

20 ‘‘(2) INTERAGENCY COORDINATION.—The State

21 may support activities that conduct the following:

22 ‘‘(A) Identification and coordination of

23 Federal and State policies, resources, and serv24 ices, relating to the provision of family support
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1 services for families of children with disabilities,

2 including entering into interagency agreements.

3 ‘‘(B) Interagency work groups to enhance

4 public funding options and coordinate access to

5 funding for family support services for families

6 of children with disabilities, with special atten7 tion to the issues of family involvement in the

8 identification, planning, use, delivery, and eval9 uation of such services.

10 ‘‘(C) Documentation and dissemination of

11 information about interagency activities that

12 promote coordination with respect to family sup13 port services for families of children with disabil14 ities, including evidence of increased participa15 tion of State and local health, maternal and

16 child health, social service, mental health, mental

17 retardation and developmental disabilities, child

18 protection, education, early intervention, devel19 opmental disabilities councils, agencies, and de20 partments.

21 ‘‘(3) LOCAL OR REGIONAL COUNCILS.—The State

22 may support the development or enhancement of local

23 or regional councils to review the status of family

24 support for families of children with disabilities in

25 the local or regional area, to advise and assist with
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1 the planning, development, implementation, and eval2 uation of family support for families of children with

3 disabilities in such local or regional area, and to pro4 vide recommendations to the State regarding im5 provements and plans.

6 ‘‘(4) OUTREACH.—The State may conduct out7 reach activities to locate families who are eligible for

8 family support for families of children with disabil9 ities and to identify groups who are unserved or un10 derserved. Such activities may involve the creation or

11 maintenance of, support of, or provision of, assistance

12 to statewide and community parent organizations,

13 and organizations that provide family support to

14 families of children with disabilities.

15 ‘‘(5) P OLICY STUDIES.—The State may support

16 policy studies that relate to the development and im17 plementation, or expansion and enhancement, of a

18 statewide system of family support for families of

19 children with disabilities. Such studies may address

20 issues regarding eligibility and access to services.

21 ‘‘(6) HEARINGS AND FORUMS.—The State may

22 conduct hearings and forums to solicit input from

23 families of children with disabilities regarding family

24 support programs, policies, and plans for such fami-
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1 lies. Such hearings and forums may be conducted in

2 collaboration with other statewide councils.

3 ‘‘(7) P UBLIC AWARENESS AND EDUCATION.—The

4 State may develop and disseminate information relat5 ing to family support for families of children with

6 disabilities designed to provide information to such

7 families, parent groups and organizations, public and

8 private agencies that are in contact with children

9 with disabilities and families of such children, stu10 dents, policymakers, and the public. Such information

11 may relate to the nature, cost, and availability of,

12 and accessibility to, family support for families of

13 children with disabilities, the impact of family sup14 port for families of children with disabilities on other

15 benefits, and the efficacy of family support for fami16 lies of children with disabilities with respect to en17 hancing the quality of family life.

18 ‘‘(8) N EEDS ASSESSMENT.—The State may con19 duct a needs assessment, which may, in part, be based

20 on existing State data.

21 ‘‘(9) PROGRAM DATA.—The State may support

22 the compilation and evaluation of appropriate data

23 related to the statewide system of family support for

24 families of children with disabilities.
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1 ‘‘(10) PILOT DEMONSTRATION PROJECTS.—The

2 State may support pilot demonstration projects to

3 demonstrate new approaches to the provision of fam4 ily support for families of children with disabilities.

5 Such projects may include the demonstration of fam6 ily-centered and family-directed service coordination,

7 approaches to improve access to services, including

8 independent service coordination, peer support net9 works, and voucher programs.

10 ‘‘(11) O THER ACTIVITIES.—The State may sup11 port other systems change activities that accomplish

12 the purposes described in section 702.

13 ‘‘SEC. 709. STRATEGIC PLAN.

14 ‘‘(a) IN GENERAL.—Not later than 6 months after the

15 date on which assistance is received by a State under this

16 part, the lead entity of the State, in conjunction with the

17 Council, shall prepare and submit to the Secretary a strate18 gic plan designed to achieve the purposes and policy of this

19 part.

20 ‘‘(b) C ONTENTS.—The strategic plan shall include—

21 ‘‘(1) a statement of the mission, purpose, and

22 principles of the statewide system of family support

23 for families of children with disabilities in the State;
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1 ‘‘(2) a statement of family-centered outcomes to

2 be achieved by the statewide system of family support

3 for families of children with disabilities;

4 ‘‘(3) specific goals and objectives for developing

5 and implementing, or expanding and improving, the

6 system for providing family support services for fami7 lies of children with disabilities, and for achieving the

8 family-centered outcomes;

9 ‘‘(4) systemic approaches for accomplishing the

10 objectives and achieving the family-centered outcomes,

11 including interagency coordination and cooperation,

12 that builds upon state-of-the-art practices and re13 search findings;

14 ‘‘(5) a description of the specific programs,

15 projects, and activities funded under this part and

16 the manner in which the programs, projects, and ac17 tivities accomplish the objectives and achieve the fam18 ily-centered outcomes;

19 ‘‘(6) a description of an ongoing quality im20 provement or quality enhancement system, which uti21 lizes information from ongoing measurements of the

22 extent to which family-centered outcomes are

23 achieved, to improve the system;

24 ‘‘(7) a description of an appeals process that will

25 be used in resolving any disputes families of children
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1 with disabilities may have regarding the determina2 tion of eligibility or the provision of family support

3 services to the family or to the child with a disability;

4 ‘‘(8) a description of the eligibility criteria to be

5 used to carry out programs, projects, and activities

6 under this part that includes all eligible families;

7 ‘‘(9) an analysis of the extent to which family

8 support for a family of a child with a disability is

9 defined as a benefit and not as income; and

10 ‘‘(10) a description of the plan to conduct an an11 nual evaluation of the statewide system of family sup12 port for families of children with disabilities, in con13 junction with the Council, to improve such statewide

14 system and to document progress as required by sec15 tion 710.

16 ‘‘(c) PERIOD AND UPDATES.—The strategic plan shall

17 cover the period of the grant and shall be reviewed and up18 dated on an annual basis to reflect actual experience and

19 family satisfaction information over the preceding year and

20 input from the Council, families of children with disabil21 ities, and other interested parties.

22 ‘‘(d) RECOMMENDATIONS.—Prior to developing the

23 strategic plan, the State shall solicit input and rec24 ommendations from interested members of the public, either

25 by holding public hearings or through an alternative meth-
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1 od or methods determined by the lead entity in consultation

2 with the Council. The lead entity shall also obtain the com3 ments and recommendations of the Council. The lead entity,

4 in conjunction with the Council, shall consider the rec5 ommendations and attempt to reach a consensus with re6 spect to such recommendations. If the lead entity and the

7 Council are unable to reach a consensus, the lead entity

8 shall include a written explanation of the reason a consen9 sus was not reached in the strategic plan.

10 ‘‘(e) C OMMENT.—The State shall develop a procedure

11 for ensuring ongoing comment from the Council.

12 ‘‘(f) DISSEMINATION.—The State shall widely dissemi13 nate the strategic plan to families of children with disabil14 ities, parent organizations, and other interested persons.

15 ‘‘(g) CONSTRUCTION.—Nothing in this section shall be

16 construed to prevent a State from using an existing state17 wide strategic plan or parts thereof to meet the requirements

18 of this section as long as such plan or the applicable parts

19 thereof are comparable to the specifications of this section.

20 ‘‘SEC. 710. PROGRESS CRITERIA AND REPORTS.

21 ‘‘(a) GUIDELINES.—The Secretary shall develop guide22 lines to be used in assessing the extent to which a State

23 that received a grant under section 704 is making signifi24 cant progress in developing and implementing, or expand25 ing and enhancing, a statewide system of family support
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1 for families of children with disabilities consistent with the

2 purposes of this part.

3 ‘‘(b) PROGRESS REPORTS.—A State that receives a

4 grant under section 704 shall submit annually to the Sec5 retary a report that documents progress in developing and

6 implementing, or expanding and enhancing, a statewide

7 system of family support for families of children with dis8 abilities consistent with this part. Such report shall in9 clude—

10 ‘‘(1) the results of the annual evaluation of the

11 statewide system of family support for families of

12 children with disabilities;

13 ‘‘(2) a description of the unanticipated problems

14 with the achievement of the goals, objectives, and fam15 ily-centered outcomes described in the application or

16 strategic plan and the measures the State has taken

17 to rectify such problems;

18 ‘‘(3) for the annual progress report concerning

19 the first year of the grant period, the strategic plan

20 developed by the State during the first year; and

21 ‘‘(4) for the annual progress report concerning

22 subsequent years of the grant period, the updated

23 strategic plan.

24 ‘‘SEC. 711. ADMINISTRATIVE PROVISIONS.

25 ‘‘(a) EVALUATION OF GRANT APPLICATIONS.—
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1 ‘‘(1) PANELS.—The Secretary shall convene pan2 els of experts who are competent, by virtue of their

3 training or experience, to evaluate grant applications

4 under this part.

5 ‘‘(2) C OMPOSITION OF PANELS.—Panels shall be

6 composed of a majority of family members of children

7 with disabilities and individuals with disabilities,

8 and may include service providers, State administra9 tive personnel, and professionals. Panels shall include

10 a majority of individuals who are not Federal em11 ployees.

12 ‘‘(3) EXPENSES AND FEES OF THE PANEL.—A

13 member of the Panel who is not a Federal employee

14 shall receive travel, per diem and consultant fees not

15 to exceed the rate provided to other consultants used

16 by the Secretary. The Secretary may use funds avail17 able under section 716 to pay expenses and fees of a

18 member of a Panel who is not a Federal employee.

19 ‘‘(b) PROVISION OF INFORMATION.—To assist the Sec20 retary in carrying out the responsibilities of the Secretary

21 under this section, the Secretary may require States to pro22 vide relevant information, including recommendations and

23 relevant reports of the Council.

24 ‘‘(c) APPEALS.—The Secretary shall establish appeals

25 procedures for States that are found in noncompliance with
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1 the provisions of this part as the result of failure to supply

2 information required under section 705 or 710. The Sec3 retary shall take into consideration the comments of the

4 Council.

5 ‘‘(d) EFFECT ON OTHER ASSISTANCE.—This part may

6 not be construed as authorizing a Federal or State agency

7 to reduce medical or other assistance available, or to alter

8 eligibility, under any Federal law.

9 ‘‘(e) U NOBLIGATED FUNDS.—Any amount paid to a

10 State for a fiscal year and remaining unobligated at the

11 end of such year shall remain available to such State for

12 the next fiscal year for the purposes for which such amount

13 was paid.

14 ‘‘SEC. 712. TECHNICAL ASSISTANCE.

15 ‘‘(a) I N GENERAL.—The Secretary shall make grants,

16 or enter into contracts or cooperative agreements, with ap17 propriate public or private agencies and organizations, in18 cluding institutions of higher education, with documented

19 experience, expertise, and capacity, for the purpose of pro20 viding technical assistance and information with respect to

21 the development and implementation, or expansion and en22 hancement, of a statewide system of family support for fam23 ilies of children with disabilities.

24 ‘‘(b) P URPOSE.—With respect to States receiving as25 sistance under this part, the technical assistance and infor-
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1 mation described under subsection (a) shall be provided to

2 the State agency designated as the lead entity, the Council,

3 family members of children with disabilities, organizations,

4 service providers, and policymakers involved with children

5 with disabilities and their families. Such technical assist6 ance shall also be available to States that do not receive

7 assistance under this part. Such technical assistance and

8 information shall—

9 ‘‘(1) facilitate effective systems change activities;

10 ‘‘(2) promote effective approaches to the develop11 ment and implementation, or expansion and enhance12 ment of, the statewide systems of family support for

13 families of children with disabilities that increase ac14 cess to, funding for, and awareness of family support

15 for families of children with disabilities;

16 ‘‘(3) promote partnerships with families at all

17 levels of the service system;

18 ‘‘(4) foster awareness and understanding of Fed19 eral, State, and local laws, regulations, policies, prac20 tices, procedures, and organizational structures, that

21 facilitate, and overcome barriers to, funding for, and

22 access to family support for families of children with

23 disabilities;

24 ‘‘(5) foster the development and replication of ef25 fective approaches to strategic plan development,
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1 interagency coordination, training, outreach to un2 derserved groups, and public awareness activities;

3 ‘‘(6) facilitate service delivery capacity, training,

4 and the improvement of data collection and evalua5 tion systems;

6 ‘‘(7) promote effective approaches to the develop7 ment of family-centered and family-directed services,

8 including approaches to the development and meas9 urement of family-centered outcomes described in sec10 tion 709(b)(2), and the assessment of family satisfac11 tion; and

12 ‘‘(8) coordinate and facilitate an annual meeting

13 of the chairpersons of the Councils.

14 ‘‘(c) REQUEST FOR TECHNICAL ASSISTANCE.—A re15 quest for technical assistance by a lead entity in a State

16 receiving assistance under this part shall be made in con17 junction with the Council.

18 ‘‘(d) R EPORTS TO THE SECRETARY.—An entity pro19 viding the technical assistance under this section shall sub20 mit periodic reports to the Secretary regarding Federal

21 policies and procedures identified within the States that fa22 cilitate or impede the delivery of family support to families

23 of children with disabilities. The report shall include rec24 ommendations to the Secretary regarding the delivery of

25 services, coordination with other programs, and integration
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1 of the policies and principles described in section 702 in

2 other Federal legislation.

3 ‘‘SEC. 713. EVALUATION.

4 ‘‘(a) I N GENERAL.—The Secretary shall make grants,

5 or enter into contracts or cooperative agreements, with ap6 propriate public or private agencies and organizations, in7 cluding institutions of higher education, with documented

8 experience, expertise, and capacity for the purpose of con9 ducting a national evaluation of the program of grants to

10 States authorized by this part.

11 ‘‘(b) P URPOSE.—The purpose of an evaluation under

12 subsection (a) shall be to assess the status and effects of

13 State efforts to develop and implement, or expand and en14 hance, statewide systems of family support for families of

15 children with disabilities in a manner consistent with the

16 provisions of this part, particularly in terms of the impact

17 of such efforts on families of children with disabilities, and

18 to recommend amendments to this part that are necessary

19 to assist States to fully accomplish the purposes of this part.

20 The Secretary or recipient of assistance under this section

21 shall work with the States to consider and develop an infor22 mation system designed to report and compile, from infor23 mation provided by the States, including the Council, a

24 qualitative and quantitative description of the impact of
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1 the program of grants to States authorized by this part

2 on—

3 ‘‘(1) families of children with disabilities, in4 cluding families from ethnic and racial minority

5 backgrounds;

6 ‘‘(2) access to and funding for family support for

7 families of children with disabilities; and

8 ‘‘(3) the involvement of families at all levels of

9 the service system.

‘‘(c) REPORT TO CONGRESS.—Not later than 2 1 10 ⁄2 years

11 after the date of enactment of this part, the Secretary shall

12 prepare and submit to the appropriate committees of Con13 gress a report concerning the results of the evaluation con14 ducted under this section.

15 ‘‘(d) CONFLICT OF INTEREST.—The Secretary shall as16 sure that a recipient of a grant, contract, or cooperative

17 agreement under this section is independent from, and free

18 from, any financial or personal relationships with the re19 cipient of a grant, contract, or cooperative agreement se20 lected to provide technical assistance under section 712.

21 ‘‘SEC. 714. PROJECTS OF NATIONAL SIGNIFICANCE.

22 ‘‘(a) STUDY BY THE SECRETARY.—The Secretary shall

23 review Federal programs to determine the extent to which

24 such programs facilitate or impede access to, provision of,

25 and funding for family support for families of children with
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1 disabilities, consistent with the policies described in section

2 702.

3 ‘‘(b) D EMONSTRATION AND INNOVATION PROJECTS.—

4 The Secretary shall make grants or enter into contracts for

5 projects of national significance to support the development

6 of national and State policies and practices related to the

7 development and implementation, or expansion and en8 hancement, of family-centered and family-directed systems

9 of family support for families of children with disabilities.

10 ‘‘SEC. 715. CONSTRUCTION.

11 ‘‘Notwithstanding any other provision of this title,

12 nothing in parts A through H of this title shall be construed

13 to apply to this part.

14 ‘‘SEC. 716. AUTHORIZATION OF APPROPRIATIONS.

15 ‘‘(a) IN GENERAL.—There are authorized to be appro16 priated to carry out this part, $10,000,000 for fiscal year

17 1995, and such sums as may be necessary for each of the

18 fiscal years 1996 and 1997.

19 ‘‘(b) RESERVATION.—

20 ‘‘(1) I N GENERAL.—Except as provided in para21 graph (2), the Secretary shall reserve for each fiscal

22 year 10 percent, or $600,000 (whichever is greater),

23 of the amount appropriated pursuant to the authority

24 of subsection (a) to carry out—
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1 ‘‘(A) section 712, with respect to the provi2 sion of technical assistance and information to

3 States;

4 ‘‘(B) section 713, with respect to the con5 duct of the evaluations;

6 ‘‘(C) section 711(a), with respect to the eval7 uation of grant applications; and

8 ‘‘(D) section 714, with respect to the con9 duct of projects of national significance.

10 ‘‘(2) SPECIAL RULE.—The Secretary shall only

11 use funds reserved under paragraph (1) for a fiscal

12 year to carry out section 714 for such year if the

13 amount of funds reserved under such paragraph for

14 such fiscal year is $700,000 or greater.’’.

15 PART B—AMENDMENTS TO THE STEWART B.

16 MCKINNEY HOMELESS ASSISTANCE ACT

17 SEC. 321. STATE LITERACY INITIATIVES.

18 Section 702 of the Stewart B. McKinney Homeless As19 sistance Act (hereafter in this part referred to as ‘‘the Act’’)

20 (42 U.S.C. 11421) is amended to read as follows:

21 ‘‘STATE LITERACY INITIATIVES

22 ‘‘SEC. 702. (a) GENERAL AUTHORITY.—

23 ‘‘(1) GRANTS.—The Secretary of Education is

24 authorized to make grants to State educational agen25 cies to enable each such agency to implement, either

26 directly or through contracts and grants, a program
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1 of literacy training and academic remediation for

2 adult homeless individuals within the State, which

3 program shall—

4 ‘‘(A) include outreach activities; and

5 ‘‘(B) be coordinated with other agencies or

6 organizations, such as community-based organi7 zations, nonprofit literacy-action organizations,

8 and recipients of funds under the Adult Edu9 cation Act, title II of the Job Training Partner10 ship Act, the Youth Fair Chance program under

11 part H of title IV of the Job Training Partner12 ship Act, the Volunteers in Service to America

13 program under part A of title I of the Domestic

14 Volunteer Service Act of 1973, part C of this

15 title, or the Job Opportunity and Basic Skills

16 program under part F of title IV of the Social

17 Security Act.

18 ‘‘(2) E STIMATES AND AMOUNTS.—The Secretary

19 of Education, in awarding grants under this section,

20 shall give special consideration to the estimates sub21 mitted in the application submitted under subsection

22 (b) and make such awards in whatever amounts such

23 Secretary determines will best serve the purposes of

24 this section.
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1 ‘‘(b) APPLICATION.—Each State educational agency

2 desiring to receive a grant under this section shall submit

3 to the Secretary of Education an application at such time,

4 in such manner, and containing such information as the

5 Secretary may reasonably require. Each such application

6 shall include an estimate of the number of homeless individ7 uals in the State and the number of such individuals ex8 pected to be served.

9 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—For the

10 purpose of carrying out the adult literacy and academic

11 remediation programs authorized by this section, there are

12 authorized to be appropriated such sums as may be nec13 essary for each of the fiscal years 1995 through 1999.

14 ‘‘(d) D EFINITION.—As used in this section, the term

15 ‘State’ means each of the 50 States, the District of Colum16 bia, the Commonwealth of Puerto Rico, the Virgin Islands,

17 Guam, American Samoa, the Commonwealth of the North18 ern Mariana Islands, and Palau (until the effective date

19 of the Compact of Free Association with the Government

20 of Palau).’’.

21 SEC. 322. EDUCATION FOR HOMELESS CHILDREN AND

22 YOUTH.

23 Subtitle B of title VII of the Act (42 U.S.C. 11431 et

24 seq.) is amended to read as follows:
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1 ‘‘Subtitle B—Education for Homeless Children and Youth

2 ‘‘STATEMENT OF POLICY

3 ‘‘SEC. 721. It is the policy of the Congress that—

4 ‘‘(1) each State educational agency shall ensure

5 that each child of a homeless individual and each

6 homeless youth has equal access to the same free, ap7 propriate public education, including a public pre8 school education, as provided to other children and

9 youth;

10 ‘‘(2) in any State that has a compulsory resi11 dency requirement as a component of the State’s com12 pulsory school attendance laws or other laws, regula13 tions, practices, or policies that may act as a barrier

14 to the enrollment, attendance, or success in school of

15 homeless children and youth, the State will review

16 and undertake steps to revise such laws, regulations,

17 practices, or policies to ensure that homeless children

18 and youth are afforded the same free, appropriate

19 public education as provided to other children and

20 youth;

21 ‘‘(3) homelessness alone should not be sufficient

22 reason to separate students from the mainstream

23 school environment; and

24 ‘‘(4) homeless children and youth should have ac25 cess to the education and other services that such chil-
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1 dren and youth need to ensure that such children and

2 youth have an opportunity to meet the same challeng3 ing State student performance standards to which all

4 students are held.

5 ‘‘GRANTS FOR STATE AND LOCAL ACTIVITIES FOR THE

6 EDUCATION OF HOMELESS CHILDREN AND YOUTH

7 ‘‘SEC. 722. (a) G ENERAL AUTHORITY.—The Secretary

8 is authorized to make grants to States in accordance with

9 the provisions of this section to enable such States to carry

10 out the activities described in subsections (d), (e), (f), and

11 (g).

12 ‘‘(b) APPLICATION.—No State may receive a grant

13 under this section unless the State educational agency sub14 mits an application to the Secretary at such time, in such

15 manner, and containing or accompanied by such informa16 tion as the Secretary may reasonably require.

17 ‘‘(c) ALLOCATION AND RESERVATIONS.—(1) Subject to

18 paragraph (2) and section 724(c), from the amounts appro19 priated for each fiscal year under section 726, the Secretary

20 is authorized to allot to each State an amount that bears

21 the same ratio to the amount appropriated for such year

22 under section 726 as the amount allocated under section

23 1122 of the Elementary and Secondary Education Act of

24 1965 to the State for that year bears to the total amount

25 allocated under section 1122 to all States for that year, ex26 cept that no State shall receive less than $100,000.
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1 ‘‘(2)(A) The Secretary is authorized to reserve 0.1 per2 cent of the amount appropriated for each fiscal year under

3 section 726 to be allocated by the Secretary among the Vir4 gin Islands, Guam, American Samoa, the Commonwealth

5 of the Northern Mariana Islands, and Palau (until the effec6 tive date of the Compact of Free Association with the Gov7 ernment of Palau), according to their respective need for

8 assistance under this subtitle, as determined by the Sec9 retary.

10 ‘‘(B)(i) The Secretary is authorized to transfer one

11 percent of the amount appropriated for each fiscal year

12 under section 726 to the Department of the Interior for pro13 grams for Indian students served by schools funded by the

14 Secretary of the Interior, as determined under the Indian

15 Self-Determination and Education Assistance Act, that are

16 consistent with the purposes of this Act.

17 ‘‘(ii) The Secretary and the Secretary of the Interior

18 shall enter into an agreement, consistent with the require19 ments of this part, for the distribution and use of the funds

20 described in clause (i) under terms that the Secretary deter21 mines best meet the purposes of the programs described in

22 such clause. Such agreement shall set forth the plans of the

23 Secretary of the Interior for the use of the amounts trans24 ferred, including appropriate goals, objectives and mile25 stones.
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1 ‘‘(3) As used in this subsection, the term ‘State’ shall

2 not include the Virgin Islands, Guam, American Samoa,

3 the Commonwealth of the Northern Mariana Islands, or

4 Palau.

5 ‘‘(d) M ANDATED ACTIVITIES.—Grants under this sec6 tion shall be used—

7 ‘‘(1) to carry out the policies set forth in section

8 721 in the State;

9 ‘‘(2) to provide activities for, and services to,

10 homeless children, including preschool-aged children,

11 and homeless youth that enable such children and

12 youth to enroll in, attend, and succeed in school, or,

13 if appropriate, in preschool programs;

14 ‘‘(3) to establish or designate an Office of Coordi15 nator of Education of Homeless Children and Youth

16 in the State educational agency in accordance with

17 subsection (f);

18 ‘‘(4) to prepare and carry out the State plan de19 scribed in subsection (g); and

20 ‘‘(5) to develop and implement professional de21 velopment programs for school personnel to heighten

22 their awareness of, and capacity to respond to, spe23 cific problems in the education of homeless children

24 and youth.
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1 ‘‘(e) STATE AND LOCAL GRANTS.—(1)(A) Subject to

2 subparagraph (B), if the amount allotted to the State edu3 cational agency for any fiscal year under this subtitle ex4 ceeds the amount such agency received for fiscal year 1990

5 under this subtitle, such agency shall use such funds as ex6 ceed the amount such agency received for fiscal year 1990

7 under this subtitle to provide grants to local educational

8 agencies in accordance with section 723.

9 ‘‘(B) The State educational agency may reserve not

10 more than the greater of 5 percent of the amount such agen11 cy receives under this subtitle for any fiscal year, or the

12 amount such agency received under this subtitle for fiscal

13 year 1990, to conduct activities under subsection (f) directly

14 or through grants or contracts.

15 ‘‘(2) If the amount allotted to a State educational

16 agency for any fiscal year under this subtitle is less than

17 the amount such agency received for fiscal year 1990 under

18 this subtitle, such agency, at such agency’s discretion, may

19 provide grants to local educational agencies in accordance

20 with section 723 or may conduct activities under subsection

21 (f) directly or through grants or contracts.

22 ‘‘(f) F UNCTIONS OF THE OFFICE OF COORDINATOR.—

23 The Coordinator of Education of Homeless Children and

24 Youth established in each State shall—
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1 ‘‘(1) estimate the number of homeless children

2 and youth in the State and the number of such chil3 dren and youth served with assistance provided under

4 the grants or contracts under this subtitle;

5 ‘‘(2) gather, to the extent possible, reliable, valid,

6 and comprehensive information on the nature and ex7 tent of the problems homeless children and youth have

8 in gaining access to public preschool programs and to

9 public elementary and secondary schools, the difficul10 ties in identifying the special needs of such children

11 and youth, any progress made by the State edu12 cational agency and local educational agencies in the

13 State in addressing such problems and difficulties,

14 and the success of the program under this subtitle in

15 allowing homeless children and youth to enroll in, at16 tend, and succeed in, school;

17 ‘‘(3) develop and carry out the State plan de18 scribed in subsection (g);

19 ‘‘(4) prepare and submit to the Secretary not

20 later than October 1, 1997, and on October 1 of every

21 third year thereafter, a report on the information

22 gathered pursuant to paragraphs (1) and (2) and

23 such additional information as the Secretary may re24 quire to carry out the Secretary’s responsibilities

25 under this subtitle;
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1 ‘‘(5) facilitate coordination between the State

2 educational agency, the State social services agency,

3 and other agencies providing services to homeless chil4 dren and youth, including homeless children and

5 youth who are preschool age, and families of such

6 children and youth; and

7 ‘‘(6) develop relationships and coordinate with

8 other relevant education, child development, or pre9 school programs and providers of services to homeless

10 children, homeless families, and runaway and home11 less youth (including domestic violence agencies, shel12 ter operators, transitional housing facilities, runaway

13 and homeless youth centers, and transitional living

14 programs for homeless youth), to improve the provi15 sion of comprehensive services to homeless children

16 and youth and their families.

17 ‘‘(g) STATE PLAN.—(1) Each State shall submit to the

18 Secretary a plan to provide for the education of homeless

19 children and youth within the State, which plan shall de20 scribe how such children and youth are or will be given

21 the opportunity to meet the same challenging State perform22 ance standards all students are expected to meet, shall de23 scribe the procedures the State educational agency will use

24 to identify such children and youth in the State and to as25 sess their special needs, and shall—
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1 ‘‘(A) describe procedures for the prompt resolu2 tion of disputes regarding the educational placement

3 of homeless children and youth;

4 ‘‘(B) describe programs for school personnel (in5 cluding principals, attendance officers, teachers and

6 enrollment personnel), to heighten the awareness of

7 such personnel of the specific needs of runaway and

8 homeless youth;

9 ‘‘(C) describe procedures that ensure that home10 less children and youth who meet the relevant eligi11 bility criteria are able to participate in Federal,

12 State, or local food programs;

13 ‘‘(D) describe procedures that ensure that—

14 ‘‘(i) homeless children have equal access to

15 preschool programs provided to other children;

16 and

17 ‘‘(ii) homeless children and youth who meet

18 the relevant eligibility criteria are able to par19 ticipate in Federal, State, or local before- and

20 after-school care programs;

21 ‘‘(E) address problems set forth in the report

22 provided to the Secretary under subsection (f)(4);

23 ‘‘(F) address other problems with respect to the

24 education of homeless children and youth, including

25 problems caused by—
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1 ‘‘(i) transportation issues; and

2 ‘‘(ii) enrollment delays that are caused by—

3 ‘‘(I) immunization requirements;

4 ‘‘(II) residency requirements;

5 ‘‘(III) lack of birth certificates, school

6 records, or other documentation; or

7 ‘‘(IV) guardianship issues;

8 ‘‘(G) demonstrate that the State educational

9 agency and local educational agencies in the State

10 have developed, and will review and revise, policies to

11 remove barriers to the enrollment and retention of

12 homeless children and youth in schools in the State;

13 and

14 ‘‘(H) contain an assurance that the State edu15 cational agency and local educational agencies in the

16 State will adopt policies and practices to ensure that

17 homeless children and youth are not isolated or stig18 matized.

19 ‘‘(2) Each plan adopted under this subsection shall

20 also show how the State will ensure that local educational

21 agencies in the State will comply with the requirements of

22 paragraphs (3) through (9).

23 ‘‘(3)(A) The local educational agency of each homeless

24 child and youth shall, according to the child’s or youth’s

25 best interest, either—
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1 ‘‘(i) continue the child’s or youth’s education in

2 the school of origin—

3 ‘‘(I) for the remainder of the academic year;

4 or

5 ‘‘(II) in any case in which a family be6 comes homeless between academic years, for the

7 following academic year; or

8 ‘‘(ii) enroll the child or youth in any school that

9 nonhomeless students who live in the attendance area

10 in which the child or youth is actually living are eli11 gible to attend.

12 ‘‘(B) In determining the best interests of the child or

13 youth under subparagraph (A), the local educational agency

14 shall comply, to the extent feasible, with the request made

15 by a parent or guardian regarding school selection.

16 ‘‘(C) For purposes of this paragraph, the term ‘school

17 of origin’ means the school that the child or youth attended

18 when permanently housed, or the school in which the child

19 or youth was last enrolled.

20 ‘‘(D) The choice regarding placement shall be made re21 gardless of whether the child or youth lives with the homeless

22 parents or has been temporarily placed elsewhere by the

23 parents.

24 ‘‘(4) Each homeless child or youth shall be provided

25 services comparable to services offered to other students in
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1 the school selected according to the provisions of paragraph

2 (3), including—

3 ‘‘(A) transportation services, except as required

4 by paragraph (9);

5 ‘‘(B) educational services for which the child or

6 youth meets the eligibility criteria, such as services

7 provided under title I of the Elementary and Second8 ary Education Act of 1965 or similar State or local

9 programs, educational programs for children with

10 disabilities, and educational programs for students

11 with limited-English proficiency;

12 ‘‘(C) programs in vocational education;

13 ‘‘(D) programs for gifted and talented students;

14 and

15 ‘‘(E) school meals programs.

16 ‘‘(5) Any record ordinarily kept by the school, includ17 ing immunization records, academic records, birth certifi18 cates, guardianship records, and evaluations for special

19 services or programs, of each homeless child or youth shall

20 be maintained—

21 ‘‘(A) so that the records are available, in a time22 ly fashion, when a child or youth enters a new school

23 district; and

24 ‘‘(B) in a manner consistent with section 438 of

25 the General Education Provisions Act.
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1 ‘‘(6) Each local educational agency serving homeless

2 children and youth that receives assistance under this sub3 title shall coordinate with local social services agencies and

4 other agencies or programs providing services to such chil5 dren or youth and their families.

6 ‘‘(7)(A) Each local educational agency that receives as7 sistance under this subtitle shall designate a homelessness

8 liaison to ensure that—

9 ‘‘(i) homeless children and youth enroll and suc10 ceed in the schools of that agency; and

11 ‘‘(ii) homeless families, children, and youth re12 ceive educational services for which such children and

13 youth are eligible, including preschool programs, and

14 referrals to health care services, dental services, men15 tal health services, and other appropriate services.

16 ‘‘(B) State coordinators and local educational agencies

17 shall inform school personnel, service providers, and advo18 cates working with homeless families of the duties of the

19 liaisons.

20 ‘‘(8) Each State educational agency and local edu21 cational agency shall review and revise any policies that

22 may act as barriers to the enrollment of homeless children

23 and youth in schools selected in accordance with paragraph

24 (3). In reviewing and revising such policies, consideration

25 shall be given to issues concerning transportation, immuni-
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1 zation, residency, birth certificates, school records, and other

2 documentation, and guardianship. Special attention shall

3 be given to ensuring the enrollment and attendance of home4 less children and youth who are not currently attending

5 school.

6 ‘‘(9) Each plan adopted under this subsection shall—

7 ‘‘(A) demonstrate that transportation, to the ex8 tent possible, will be provided at no cost to homeless

9 children and youth attending the school in which such

10 children are enrolled; and

11 ‘‘(B) contain procedures for resolving disputes

12 between local educational agencies or within a local

13 educational agency concerning transportation costs

14 for such children and youth.

15 ‘‘(10) Where applicable, each State and local edu16 cational agency shall coordinate with State and local hous17 ing agencies responsible for developing the comprehensive

18 housing affordability strategy described in section 105 of

19 the Cranston-Gonzalez National Affordable Housing Act to

20 minimize educational disruption for children who become

21 homeless.

22 ‘‘LOCAL EDUCATIONAL AGENCY GRANTS FOR THE

23 EDUCATION OF HOMELESS CHILDREN AND YOUTH

24 ‘‘SEC. 723. (a) G ENERAL AUTHORITY.—(1) The State

25 educational agency shall, in accordance with section 722(e)

26 and from amounts made available to such agency under
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1 section 726, make grants to local educational agencies for

2 the purpose of facilitating the enrollment, attendance, and

3 success in school of homeless children and youth.

4 ‘‘(2) Unless otherwise specified, services under para5 graph (1) may be provided through programs on school

6 grounds or at other facilities. Where services are provided

7 through programs on school grounds, such services may also

8 be made available to children and youth who are deter9 mined by the local educational agency to be at risk of fail10 ing in, or dropping out of, schools, except that priority for

11 such services shall be given to homeless children and youth.

12 To the maximum extent practicable, services shall be pro13 vided through existing programs and mechanisms that inte14 grate homeless individuals with nonhomeless individuals.

15 ‘‘(3) Services provided under this section shall be de16 signed to expand upon or improve services provided as part

17 of the school’s regular academic program.

18 ‘‘(b) A PPLICATION.—A local educational agency that

19 desires to receive a grant under this section shall submit

20 an application to the State educational agency at such

21 time, in such manner, and containing or accompanied by

22 such information as the State educational agency may rea23 sonably require according to guidelines issued by the Sec24 retary. Each such application shall include—
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1 ‘‘(1) a description of the services and programs

2 for which assistance is sought and the problems to be

3 addressed through the provision of such services and

4 programs;

5 ‘‘(2) an assurance that the local educational

6 agency’s combined fiscal effort per student or the ag7 gregate expenditures of that agency and the State

8 with respect to the provision of free public education

9 by that agency for the preceding fiscal year was not

10 less than 90 percent of such combined fiscal effort or

11 aggregate expenditures for the second preceding fiscal

12 year;

13 ‘‘(3) an assurance that the applicant complies

14 with, or will use requested funds to come into compli15 ance with, paragraphs (3) through (9) of section

16 722(g); and

17 ‘‘(4) a description of policies and procedures that

18 the agency will implement to ensure that activities

19 carried out by the agency will not isolate or stig20 matize homeless children and youth.

21 ‘‘(c) AWARDS.—(1) The State educational agency

22 shall, in accordance with section 722(g) and from amounts

23 made available to such agency under section 726, award

24 grants under this section to local educational agencies sub-
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1 mitting an application under subsection (b) on the basis

2 of the need of such agencies.

3 ‘‘(2) In determining need under paragraph (1), the

4 State educational agency may consider the number of home5 less children and youth enrolled in preschool, elementary,

6 and secondary schools within the area served by the agency,

7 and shall consider the needs of such children and youth and

8 the ability of the agency to meet such needs. Such agency

9 may also consider—

10 ‘‘(A) the extent to which the proposed use of

11 funds would facilitate the enrollment, retention, and

12 educational success of homeless children and youth;

13 ‘‘(B) the extent to which the application reflects

14 coordination with other local and State agencies that

15 serve homeless children and youth, as well as the

16 State plan required by section 722(g);

17 ‘‘(C) the extent to which the applicant exhibits in

18 the application and in current practice a commit19 ment to education for all homeless children and

20 youth; and

21 ‘‘(D) such other criteria as the agency determines

22 appropriate.

23 ‘‘(3) Grants awarded under this section shall be for

24 terms not to exceed three years.
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1 ‘‘(d) AUTHORIZED ACTIVITIES.—(1) A local edu2 cational agency may use funds awarded under this section

3 for activities to carry out the purpose of this subtitle, in4 cluding—

5 ‘‘(A) the provision of tutoring, supplemental in6 struction, and enriched educational services that are

7 linked to the achievement of the same challenging

8 State content standards and challenging State student

9 performance standards the State establishes for other

10 children or youth;

11 ‘‘(B) the provision of expedited evaluations of the

12 strengths and needs of homeless children and youth,

13 including needs and eligibility for programs and serv14 ices (such as educational programs for gifted and tal15 ented students, children with disabilities, and stu16 dents with limited-English proficiency, services pro17 vided under title I of the Elementary and Secondary

18 Education Act of 1965 or similar State or local pro19 grams, programs in vocational education, and school

20 meals programs);

21 ‘‘(C) professional development and other activi22 ties for educators and pupil services personnel that

23 are designed to heighten the understanding and sen24 sitivity of such personnel to the needs of homeless chil25 dren and youth, the rights of such children and youth
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1 under this Act, and the specific educational needs of

2 runaway and homeless youth;

3 ‘‘(D) the provision of referral services to homeless

4 children and youth for medical, dental, mental, and

5 other health services;

6 ‘‘(E) the provision of assistance to defray the ex7 cess cost of transportation for students pursuant to

8 sections 722(g)(4) or 722(g)(9), not otherwise pro9 vided through Federal, State, or local funding, where

10 necessary to enable students to attend the school se11 lected under section 722(g)(3);

12 ‘‘(F) the provision of developmentally appro13 priate early childhood education programs, not other14 wise provided through Federal, State, or local fund15 ing, for preschool-aged children;

16 ‘‘(G) the provision of before- and after-school and

17 summer enrichment programs for homeless children

18 and youth in which a teacher or other qualified indi19 vidual provides tutoring, homework assistance, and

20 supervision of educational activities;

21 ‘‘(H) where necessary, the payment of fees and

22 other costs associated with tracking, obtaining, and

23 transferring records necessary to enroll homeless chil24 dren and youth in school, including birth certificates,

25 immunization records, academic records, guardian-
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1 ship records, and evaluations for special programs or

2 services;

3 ‘‘(I) the provision of education and training to

4 the parents of homeless children and youth about the

5 rights of, and resources available to, such children

6 and youth;

7 ‘‘(J) the development of coordination between

8 schools and agencies providing services to homeless

9 children and youth;

10 ‘‘(K) the provision of pupil services (including

11 violence prevention counseling) and referrals for such

12 services;

13 ‘‘(L) activities to address the particular needs of

14 homeless children and youth that may arise from do15 mestic violence;

16 ‘‘(M) the adaptation of space and purchase of

17 supplies for nonschool facilities made available under

18 subsection (a)(2) to provide services under this sub19 section;

20 ‘‘(N) the provision of school supplies to be dis21 tributed at shelters or temporary housing facilities, or

22 other appropriate locations; and

23 ‘‘(O) the provision of other extraordinary or

24 emergency assistance needed to enable homeless chil25 dren and youth to attend school.
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1 ‘‘SECRETARIAL RESPONSIBILITIES

2 ‘‘SEC. 724. (a) R EVIEW OF PLANS.—In reviewing the

3 State plans submitted by the State educational agencies

4 under section 722(g), the Secretary shall use a peer review

5 process and shall evaluate whether State laws, policies, and

6 practices described in such plans adequately address the

7 problems of homeless children and youth relating to access

8 to education and placement as described in such plans.

9 ‘‘(b) TECHNICAL ASSISTANCE.—The Secretary shall

10 provide support and technical assistance to the State edu11 cational agencies to assist such agencies to carry out their

12 responsibilities under this subtitle.

13 ‘‘(c) EVALUATION AND DISSEMINATION.—The Sec14 retary shall conduct evaluation and dissemination activi15 ties of programs designed to meet the educational needs of

16 homeless elementary and secondary school students, and

17 may use funds appropriated under section 726 to conduct

18 such activities.

19 ‘‘(d) REPORTS.—The Secretary shall prepare and sub20 mit a report to Congress on the programs and activities

21 authorized by this subtitle by December 31, 1997, and every

22 third year thereafter.

23 ‘‘DEFINITIONS

24 ‘‘SEC. 725. For the purpose of this subtitle, the follow25 ing terms have the following meanings:
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1 ‘‘(1) The term ‘Secretary’ means the Secretary of

2 Education.

3 ‘‘(2) The term ‘State’ means each of the 50

4 States, the District of Columbia, and the Common5 wealth of Puerto Rico.

6 ‘‘AUTHORIZATION OF APPROPRIATIONS

7 ‘‘SEC. 726. For the purpose of carrying out this sub8 title, there are authorized to be appropriated $30,000,000

9 for fiscal year 1995 and such sums as may be necessary

10 for each of the 4 succeeding fiscal years.’’.

11 PART C—REPEAL OF IMPACT AID STATUTES

12 SEC. 331. REPEAL OF IMPACT AID STATUTES.

13 (a) P UBLIC LAW 81–815.—The Act entitled ‘‘An Act

14 relating to the construction of school facilities in areas af15 fected by Federal activities, and for other purposes’’, ap16 proved September 23, 1950 (64 Stat. 967; 20 U.S.C. 631

17 et seq.) is repealed.

18 (b) P UBLIC LAW 81–874.—The Act entitled ‘‘An Act

19 to provide assistance for local educational agencies in areas

20 affected by Federal activities, and for other purposes’’, ap21 proved September 30, 1950 (64 Stat. 1100; 20 U.S.C. 236

22 et seq.) is repealed.

23 PART D—OTHER ACTS

24 SEC. 341. GOALS 2000: EDUCATE AMERICA ACT.

25 (a) REPEALS.—Sections 231, 232, 234, and 235 of the

26 Goals 2000: Educate America Act are repealed.
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1 (b) GIFT AUTHORITY.—

2 (1) N ATIONAL EDUCATION GOALS PANEL.—Sec3 tion 204 of the Goals 2000: Educate America Act is

4 amended by adding at the end the following new sub5 section:

6 ‘‘(f) GIFTS.—The Goals Panel may accept, administer,

7 and utilize gifts or donations of services, money, or prop8 erty, whether real or personal, tangible or intangible.’’.

9 (2) N ATIONAL EDUCATION STANDARDS AND IM10 PROVEMENT COUNCIL.—Section 215 of the Goals

11 2000: Educate America Act is amended by adding at

12 the end the following new subsection:

13 ‘‘(f) GIFTS.—The Council may accept, administer, and

14 utilize gifts or donations of services, money, or property,

15 whether real or personal, tangible or intangible.’’.

16 (c) LOCAL AGENCY PLAN APPROVAL.—Paragraph 4 of

17 section 309(a) of the Goals 2000: Educate America Act is

18 amended by inserting the words ‘‘made by the local edu19 cational agency’’ after the word ‘‘modifications’’.

20 (d) SAFE SCHOOLS.—Paragraph (2) of section 702(b)

21 of the Safe Schools Act of 1994 (20 U.S.C. 5962(b)(2)) is

22 amended by striking ‘‘10 percent’’ and inserting ‘‘5 per23 cent’’.

24 (e) STATE PLANNING FOR IMPROVING STUDENT

25 ACHIEVEMENT THROUGH INTEGRATION OF TECHNOLOGY
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1 INTO THE CURRICULUM.—Subsection (b) of section 317 of

2 the Goals 2000: Educate America Act (20 U.S.C. 5897(b))

3 is amended by adding at the end the following new para4 graph:

5 ‘‘(3) OUTLYING AREAS.—(A) From the amount

6 appropriated pursuant to the authority of subsection

7 (f) for fiscal year 1994, the Secretary shall reserve a

8 total of 1 percent to provide assistance under this sec9 tion to the outlying areas.

10 ‘‘(B) The funds reserved under subparagraph (A)

11 shall be distributed among the outlying areas by the

12 Secretary according to the relative need of such areas

13 for assistance under this section.’’.

14 SEC. 342. EDUCATION COUNCIL ACT OF 1991.

15 Title II of the Education Council Act of 1991 (20

16 U.S.C. 1221–1 note) is repealed.

17 SEC. 343. AUGUSTUS F. HAWKINS-ROBERT T. STAFFORD EL18 EMENTARY AND SECONDARY SCHOOL IM19 PROVEMENT AMENDMENTS OF 1988.

20 Title IV of the Augustus F. Hawkins-Robert T. Staf21 ford Elementary and Secondary School Improvement

22 Amendments of 1988 (20 U.S.C. 4901 et seq.) is repealed.

23 SEC. 344. STAR SCHOOLS PROGRAM ASSISTANCE ACT.

24 The Star Schools Program Assistance Act (20 U.S.C.

25 4081 et seq.) is repealed.
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1 SEC. 345. FUND FOR THE IMPROVEMENT AND REFORM OF

2 SCHOOLS AND TEACHING ACT.

3 The Fund for the Improvement and Reform of Schools

4 and Teaching Act (20 U.S.C. 4801) is repealed.

5 SEC. 346. TECHNOLOGY-RELATED ASSISTANCE FOR INDI6 VIDUALS WITH DISABILITIES ACT OF 1988.

7 (a) I N GENERAL.—Title II of the Technology-Related

8 Assistance for Individuals With Disabilities Act of 1988 (29

9 U.S.C. 2231 et seq.) is amended by striking part E.

10 (b) EFFECTIVE DATE.—The amendment made by sub11 section (a) shall take effect as if included in the Technology12 Related Assistance for Individuals With Disabilities Act

13 Amendments of 1994.

14 SEC. 347. OFFICE OF INDIAN EDUCATION.

15 Title II of the Department of Education Organization

16 Act (20 U.S.C. 3411 et seq.) (as amended by section 271)

17 is further amended by adding at the end the following new

18 section:

19 ‘‘OFFICE OF INDIAN EDUCATION

20 ‘‘SEC. 217. (a) There shall be in the Department an

21 Office of Indian Education (hereafter in this section re22 ferred to as the ‘Office’).

23 ‘‘(b)(1) The Office shall be headed by a Director of In24 dian Education (hereafter in this section referred to as the

25 ‘Director’) who shall—

26 ‘‘(A) be appointed by the Secretary; and
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1 ‘‘(B) report directly to the Assistant Secretary

2 for Elementary and Secondary Education.

3 ‘‘(2) The Director shall—

4 ‘‘(A) be responsible for administering title VI of

5 the Elementary and Secondary Education Act of

6 1965;

7 ‘‘(B) be involved in, and be primarily respon8 sible for, the development of all policies affecting In9 dian children and adults under programs adminis10 tered by the Office;

11 ‘‘(C) coordinate the development of policy and

12 practice for all programs in the Department relating

13 to Indian persons; and

14 ‘‘(D) assist the Assistant Secretary of the Office

15 of Educational Research and Improvement in identi16 fying research priorities related to the education of

17 Indian persons.

18 ‘‘(3) The Director shall be a career appointee in the

19 Senior Executive Service, and shall be paid at a level deter20 mined by the Secretary.

21 ‘‘(c)(1) The Secretary shall give preference to Indian

22 individuals with respect to all personnel actions of the Of23 fice.
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1 ‘‘(2) Such preference shall be implemented in the same

2 fashion as the preference given to any Indian under section

3 2609 of the Revised Statutes (25 U.S.C. 45).’’.

4 SEC. 348. INDIAN EDUCATION ACT OF 1988.

5 The Indian Education Act of 1988 (25 U.S.C. 2601

6 note) is repealed.

7 SEC. 349. HIGHER EDUCATION ACT OF 1965.

8 (a) S HORT TITLE.—This section may be cited as the

9 ‘‘Equity in Athletics Disclosure Act’’.

10 (b) FINDINGS.—The Congress finds that—

11 (1) participation in athletic pursuits plays an

12 important role in teaching young Americans how to

13 work on teams, handle challenges and overcome obsta14 cles;

15 (2) participation in athletic pursuits plays an

16 important role in keeping the minds and bodies of

17 young Americans healthy and physically fit;

18 (3) there is increasing concern among citizens,

19 educators, and public officials regarding the athletic

20 opportunities for young men and women at institu21 tions of higher education;

22 (4) a recent study by the National Collegiate

23 Athletic Association found that in Division I–A insti24 tutions, only 20 percent of the average athletic de25 partment operations budget of $1,310,000 is spent on
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1 women’s athletics; 15 percent of the average recruiting

2 budget of $318,402 is spent on recruiting female ath3 letes; the average scholarship expenses for men is

4 $1,300,000 and $505,246 for women; and an average

5 of 143 grants are awarded to male athletes and 59 to

6 women athletes;

7 (5) female college athletes receive less than 18

8 percent of the athletics recruiting dollar and less than

9 24 percent of the athletics operating dollar;

10 (6) male college athletes receive approximately

11 $179,000,000 more per year in athletic scholarship

12 grants than female college athletes;

13 (7) prospective students and prospective student

14 athletes should be aware of the commitments of an in15 stitution to providing equitable athletic opportunities

16 for its men and women students; and

17 (8) knowledge of an institution’s expenditures for

18 women’s and men’s athletic programs would help pro19 spective students and prospective student athletes

20 make informed judgments about the commitments of

21 a given institution of higher education to providing

22 equitable athletic benefits to its men and women stu23 dents.
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1 (c) A MENDMENT.—Section 485 of the Higher Edu2 cation Act of 1965 (20 U.S.C. 1092) is amended by adding

3 at the end the following new subsection:

4 ‘‘(g) DISCLOSURE OF ATHLETIC PROGRAM PARTICIPA5 TION RATES AND FINANCIAL SUPPORT DATA.—

6 ‘‘(1) DATA REQUIRED.—Each institution of

7 higher education that participates in any program

8 under this title, and has an intercollegiate athletic

9 program, shall annually submit a report to the Sec10 retary that contains the following information:

11 ‘‘(A) For each men’s team, women’s team,

12 and any team that includes both male and fe13 male athletes, the following data:

14 ‘‘(i) The total number of participants

15 and their gender.

16 ‘‘(ii) The total athletic scholarship ex17 penditures.

18 ‘‘(iii) A figure that represents the total

19 athletic scholarship expenditures divided by

20 the total number of participants.

21 ‘‘(iv) The total number of contests for

22 the team.

23 ‘‘(v) The per capita operating expenses

24 for the team.
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1 ‘‘(vi) The per capita recruiting ex2 penses for the team.

3 ‘‘(vii) The per capita personnel ex4 penses for the team.

5 ‘‘(viii) Whether the head coach is male

6 or female and whether the head coach is full

7 time or part time.

8 ‘‘(ix) The number of assistant coaches

9 that are male and the number of assistant

10 coaches that are female and whether each

11 particular coach is full time or part time.

12 ‘‘(x) The number of graduate assistant

13 coaches that are male and the number of

14 graduate assistant coaches that are female.

15 ‘‘(xi) The number of volunteer assistant

16 coaches that are male and the number of

17 volunteer assistant coaches that are female.

18 ‘‘(xii) The ratio of participants to

19 coaches.

20 ‘‘(xiii) The average annual institu21 tional compensation of the head coaches of

22 men’s sports teams, across all offered sports,

23 and the average annual compensation of the

24 head coaches of women’s sports teams,

25 across all offered sports.
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1 ‘‘(xiv) The average annual institu2 tional compensation of each of the assistant

3 coaches of men’s sports teams, across all of4 fered sports, and the average annual com5 pensation of the assistant coaches of wom6 en’s sports teams, across all offered sports.

7 ‘‘(xv) The total annual revenues gen8 erated from attendance at athletic contests

9 across all men’s teams and women’s teams.

10 ‘‘(B) A statement of the following data:

11 ‘‘(i) The ratio of male participants to

12 female participants in the entire athletic

13 program.

14 ‘‘(ii) The ratio of male athletic scholar15 ship expenses to female athletic scholarship

16 expenses in the entire athletic program.

17 ‘‘(2) DISCLOSURE TO PROSPECTIVE STUDENTS.—

18 An institution of higher education described in para19 graph (1) that offers admission to a potential student

20 shall provide to such student, upon request, the infor21 mation contained in the report submitted by such in22 stitution to the Secretary under paragraph (1), except

23 that all such students shall be informed of their right

24 to request such information.
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1 ‘‘(3) D ISCLOSURE TO THE PUBLIC.—An institu2 tion of higher education described in paragraph (1)

3 shall make available to the public, upon request, the

4 information contained in the report submitted by

5 such institution to the Secretary under paragraph

6 (1).

7 ‘‘(4) S ECRETARY’S DUTY TO PUBLISH A REPORT

8 OF THE DATA.—On or before July 1, 1995, and each

9 July 1 thereafter, the Secretary, using the reports sub10 mitted under this subsection, shall compile, publish,

11 and submit to the appropriate committees of the Con12 gress, a report that includes the information con13 tained in such reports identified by (A) the individ14 ual institutions, and (B) by the athletic conferences

15 recognized by the National Collegiate Athletic Associa16 tion and the National Association of Intercollegiate

17 Athletics.

18 ‘‘(5) D EFINITION.—For the purposes of this sub19 section, the term ‘operating expenses’ means all

20 nonscholarship expenditures.’’.

21 (d) EFFECTIVE DATE.—The amendment made by sub22 section (c) shall take effect on July 1, 1994.
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1 SEC. 350. RURAL COMMUNITY SERVICE.

2 Title XI of the Higher Education Act of 1965 (20

3 U.S.C. 1136 et seq.) is amended by adding at the end the

4 following new part:

5 ‘‘PART C—RURAL COMMUNITY SERVICE

6 ‘‘SEC. 1171. FINDINGS; PURPOSE.

7 ‘‘(a) FINDINGS.—The Congress finds that—

8 ‘‘(1) the Nation’s rural centers are facing in9 creasingly pressing problems and needs in the areas

10 of economic development, community infrastructure

11 and service, social policy, public health, housing,

12 crime, education, environmental concerns, planning

13 and work force preparation;

14 ‘‘(2) there are, in the Nation’s rural institutions,

15 people with underutilized skills, knowledge, and expe16 rience who are capable of providing a vast range of

17 services toward the amelioration of the problems de18 scribed in paragraph (1);

19 ‘‘(3) the skills, knowledge, and experience in these

20 rural institutions, if applied in a systematic and sus21 tained manner, can make a significant contribution

22 to the solution of such problems; and

23 ‘‘(4) the application of such skills, knowledge,

24 and experience is hindered by the limited funds avail25 able to redirect attention to solutions to such rural

26 problems.
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1 ‘‘(b) P URPOSE.—It is the purpose of this part to pro2 vide incentives to rural academic institutions to enable such

3 institutions to work with private and civic organizations

4 to devise and implement solutions to pressing and severe

5 problems in their communities.

6 ‘‘SEC. 1172. PROGRAM.

7 ‘‘The Secretary is authorized to carry out a program

8 of providing assistance to eligible institutions to enable such

9 institutions to carry out the authorized activities described

10 in section 1174 in accordance with the provisions of this

11 part.

12 ‘‘SEC. 1173. APPLICATIONS FOR RURAL COMMUNITY SERV13 ICE GRANTS.

14 ‘‘(a) APPLICATION.—

15 ‘‘(1) I N GENERAL.—Each eligible institution de16 siring a grant under this part shall submit to the

17 Secretary an application at such time, in such form,

18 and containing or accompanied by such information

19 and assurances, as the Secretary may require by reg20 ulation.

21 ‘‘(2) CONTENTS.—Each application submitted

22 pursuant to paragraph (1) shall—

23 ‘‘(A) describe the activities and services for

24 which assistance is sought; and
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1 ‘‘(B) contain assurances that the eligible in2 stitution will enter into a consortium to carry

3 out the provisions of this part that includes, in

4 addition to the eligible institution, one or more

5 of the following entities:

6 ‘‘(i) A community college.

7 ‘‘(ii) A rural local educational agency.

8 ‘‘(iii) A local government.

9 ‘‘(iv) A business or other employer.

10 ‘‘(v) A nonprofit institution.

11 ‘‘(3) WAIVER.—The Secretary may waive the

12 consortium requirements described in paragraph (2)

13 for any applicant who can demonstrate to the satis14 faction of the Secretary that the applicant has devised

15 an integrated and coordinated plan which meets the

16 purpose of this part.

17 ‘‘(b) SELECTION PROCEDURES.—The Secretary, by

18 regulation, shall develop a formal procedure for the submis19 sion of applications under this part and shall publish in

20 the Federal Register an announcement of that procedure

21 and the availability of funds under this part.

22 ‘‘SEC. 1174. AUTHORIZED ACTIVITIES.

23 ‘‘Grant funds made available under this part shall be

24 used to support planning, applied research, training, re25 source exchanges or technology transfers, the delivery of
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1 services, or other activities the purpose of which is to design

2 and implement programs to assist rural communities to

3 meet and address their pressing and severe problems, such

4 as any of the following:

5 ‘‘(1) Work force preparation.

6 ‘‘(2) Rural poverty and the alleviation of such

7 poverty.

8 ‘‘(3) Health care, including health care delivery

9 and access as well as health education, prevention

10 and wellness.

11 ‘‘(4) Underperforming school systems and stu12 dents.

13 ‘‘(5) Problems faced by the elderly and individ14 uals with disabilities in rural settings.

15 ‘‘(6) Problems faced by families and children.

16 ‘‘(7) Campus and community crime prevention,

17 including enhanced security and safety awareness

18 measures as well as coordinated programs addressing

19 the root causes of crime.

20 ‘‘(8) Rural housing.

21 ‘‘(9) Rural infrastructure.

22 ‘‘(10) Economic development.

23 ‘‘(11) Rural farming and environmental con24 cerns.
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1 ‘‘(12) Other problem areas which participants in

2 the consortium described in section 1173(a)(2)(B)

3 concur are of high priority in rural areas.

4 ‘‘(13)(A) Problems faced by individuals with dis5 abilities and economically disadvantaged individuals

6 regarding accessibility to institutions of higher edu7 cation and other public and private community fa8 cilities.

9 ‘‘(B) Amelioration of existing attitudinal bar10 riers that prevent full inclusion of individuals with

11 disabilities in their community.

12 ‘‘SEC. 1175. PEER REVIEW.

13 ‘‘The Secretary shall designate a peer review panel to

14 review applications submitted under this part and make

15 recommendations for funding to the Secretary. In selecting

16 the peer review panel, the Secretary may consult with other

17 appropriate Cabinet-level Federal officials and with non18 Federal organizations, to ensure that the panel will be geo19 graphically balanced and be composed of representatives

20 from public and private institutions of higher education,

21 labor, business, and State and local government, who have

22 expertise in rural community service or in education.

23 ‘‘SEC. 1176. DISBURSEMENT OF FUNDS.

24 ‘‘(a) MULTIYEAR AVAILABILITY.—Subject to the avail25 ability of appropriations, grants under this part may be
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1 awarded on a multiyear basis, except that no institution,

2 individually or as a participant in a consortium, may re3 ceive a grant under this part for more than 5 years.

4 ‘‘(b) EQUITABLE GEOGRAPHIC DISTRIBUTION.—The

5 Secretary shall award grants under this part in a manner

6 that achieves an equitable geographic distribution of such

7 grants.

8 ‘‘(c) MATCHING REQUIREMENT.—An applicant under

9 this part and the local governments associated with its ap10 plication shall contribute to the conduct of the program sup11 ported by the grant an amount from non-Federal funds

12 equal to at least one-fourth of the amount grant, which con13 tribution may be in cash or in kind, fairly evaluated.

14 ‘‘(d) The Secretary shall, to the maximum extent pos15 sible, coordinate this program with the Corporation for Na16 tional and Community Service.

17 ‘‘SEC. 1177. DESIGNATION OF RURAL GRANT INSTITUTIONS.

18 ‘‘The Secretary shall publish a list of eligible institu19 tions and shall designate such institutions of higher edu20 cation as ‘Rural Grant Institutions’. The Secretary shall

21 establish a national network of Rural Grant Institutions

22 so that the results of individual projects achieved in 1 rural

23 area can be generalized, disseminated, replicated and ap24 plied throughout the Nation.
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1 ‘‘SEC. 1178. DEFINITIONS.

2 ‘‘As used in this part:

3 ‘‘(1) RURAL AREA.—The term ‘rural area’ means

4 any area that—

5 ‘‘(A) is outside an urban area, as such term

6 is defined by the Bureau of the Census; and

7 ‘‘(B) contains a population of 75,000 or

8 less.

9 ‘‘(2) E LIGIBLE INSTITUTION.—The term ‘eligible

10 institution’ means an institution of higher education,

11 or a consortium of such institutions any one of which

12 meets all the requirements of this paragraph, which—

13 ‘‘(A) draws a substantial portion of its un14 dergraduate students from the rural area served

15 by such institution or consortium, or from con16 tiguous areas;

17 ‘‘(B) carries out programs to make post18 secondary educational opportunities more acces19 sible to residents of such rural areas, or contig20 uous areas;

21 ‘‘(C) has the present capacity to provide re22 sources responsive to the needs and priorities of

23 such rural areas and contiguous areas;

24 ‘‘(D) offers a range of professional, tech25 nical, or graduate programs sufficient to sustain
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1 the capacity of such institution to provide such

2 resources; and

3 ‘‘(E) has demonstrated and sustained a

4 sense of responsibility to such rural area and

5 contiguous areas and the people of such areas.

6 ‘‘SEC. 1179. AUTHORIZATION OF APPROPRIATIONS; FUND7 ING RULE.

8 ‘‘There are authorized to be appropriated $5,000,000

9 for fiscal year 1995 and such sums as may be necessary

10 in each of the 4 succeeding fiscal years to carry out the

11 provisions of this part.’’.

12 SEC. 350A. REHABILITATION ACT.

13 (a) Notwithstanding any other provision of the Reha14 bilitation Act of 1973, the amount otherwise payable to a

15 State under section 111 of such Act shall be reduced—

16 (1) for fiscal years 1987 and 1988, by the

17 amount by which expenditures from non-Federal

18 sources under the State plan under title I of such Act

19 for such year are less than the total of such expendi20 tures for fiscal year 1972; and

21 (2) for fiscal year 1989, the lesser of—

22 (A) the amount by which expenditures from

23 non-Federal sources under the State plan under

24 title I of such Act for fiscal year 1989 are less
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1 than average of the total of such expenditures for

2 fiscal years 1986, 1987, and 1988; or

3 (B) the amount by which expenditures from

4 non-Federal sources under the State plan under

5 title I of such Act for fiscal year 1988 are less

6 than the average of the total of such expenditures

7 for fiscal years 1985, 1986, and 1987.

8 (b) This section shall take effect on September 1, 1994.

9 SEC. 350B. HIGHER EDUCATION AMENDMENTS TO THE

10 CARL D. PERKINS VOCATIONAL AND APPLIED

11 TECHNOLOGY EDUCATION ACT.

12 (a) A MENDMENT.—The Carl D. Perkins Vocational

13 and Applied Technology Education Act (20 U.S.C. 2301 et

14 seq.) is amended—

15 (1) in paragraph (2) of section 232(d)—

16 (A) by inserting ‘‘, notwithstanding section

17 427(b)(2) of the Higher Education Amendments

18 of 1992,’’ before ‘‘has’’; and

19 (B) by inserting ‘‘as such section was in ef20 fect on July 22, 1992’’ before the semicolon; and

21 (2) in subparagraph (B) of section 404(a)(4)—

22 (A) by inserting ‘‘, notwithstanding section

23 427(b)(2) of the Higher Education Amendments

24 of 1992,’’ before ‘‘has’’; and
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1 (B) by inserting ‘‘as such section was in ef2 fect on July 22, 1992’’ before the period.

3 (b) EFFECTIVE DATE.—Subsection (a) and the amend4 ments made by subsection (a) shall take effect on the date

5 of enactment of this Act, except that a State that, prior

6 to such date, distributed funds under section 232 of the Carl

7 D. Perkins Vocational and Applied Technology Education

8 Act from funds appropriated for fiscal year 1994 for such

9 program to proprietary institutions of higher education, as

10 such term is defined in section 481(b) of the Higher Edu11 cation Act of 1965, may continue to distribute such funds

12 to such institutions until July 1, 1995.

13 SEC. 350C. TECHNICAL AMENDMENTS TO THE CARL D. PER14 KINS VOCATIONAL AND APPLIED TECH15 NOLOGY EDUCATION ACT.

16 The Carl D. Perkins Vocational and Applied Tech17 nology Education Act (20 U.S.C. 2301 et seq.) is amend18 ed—

19 (1) in section 101A—

20 (A) in paragraph (2) of subsection (a), by

21 striking ‘‘and Palau’’ and all that follows

22 through the end of the subsection, and inserting

23 ‘‘the Federated States of Micronesia, the Repub24 lic of the Marshall Islands, and the Republic of

25 Palau.’’; and
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1 (B) in the matter preceding paragraph (1)

2 of subsection (b), by inserting ‘‘the Republic of’’

3 immediately before ‘‘Palau’’;

4 (2) in clause (ii) of section 112(f)(1)(B), by

5 striking ‘‘Palau’’ and all that follows through ‘‘99-

6 658)’’, and inserting ‘‘the Federated States of Micro7 nesia, the Republic of the Marshall Islands, the Re8 public of Palau’’; and

9 (3) in paragraph (33) of section 521, by striking

10 ‘‘and Palau’’ and all that follows through the end of

11 the paragraph, and inserting ‘‘the Federated States of

12 Micronesia, the Republic of the Marshall Islands, and

13 the Republic of Palau.’’.

14 SEC. 350D. TECHNICAL AMENDMENT TO THE SECOND MOR15 RILL ACT.

16 Section 5 the Act of August 30, 1890 (26 Stat. 417,

17 chapter 841; 7 U.S.C. 326a) (commonly known as the ‘‘Sec18 ond Morrill Act’’) is amended by striking ‘‘and the Trust

19 Territory of the Pacific Islands or its successor govern20 ments’’ and inserting ‘‘the Federated States of Micronesia,

21 the Republic of the Marshall Islands, and the Republic of

22 Palau’’.

23 SEC. 350E. DEFINITIONS FOR PART A OF TITLE III.

24 Section 312 of the Higher Education Act of 1965 (20

25 U.S.C. 1058) is amended—
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1 (1) in paragraph (1) of subsection (b)—

2 (A) in subparagraph (D), by striking ‘‘and’’

3 after the semicolon; and

4 (B) by adding after subparagraph (E) the

5 following new subparagraph:

6 ‘‘(F) located in a State; and’’;

7 (2) by redesignating subsection (f) as subsection

8 (g); and

9 (3) by inserting after subsection (e) the following

10 new subsection:

11 ‘‘(f) STATE.—For the purpose of this part the term

12 ‘State’ means each of the 50 States, the District of Colum13 bia, the Commonwealth of Puerto Rico, the Virgin Islands,

14 Guam, American Samoa, the Commonwealth of the North15 ern Mariana Islands, the Republic of the Marshall Islands,

16 the Federated States of Micronesia, and the Republic of

17 Palau.’’.

18 SEC. 350F. AUTHORIZATION OF APPROPRIATIONS FOR THE

19 NATIONAL EARLY INTERVENTION SCHOLAR20 SHIP AND PARTNERSHIP PROGRAM.

21 Section 404G of the Higher Education Act of 1965 (20

22 U.S.C. 1070a–27) is amended by striking the second sen23 tence thereof.
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1 SEC. 350G. LENDER-OF-LAST-RESORT PROGRAMS.

2 (a) A MENDMENT.—Paragraph (1) of subsection (c) of

3 section 428 of the Higher Education Act of 1965 (20 U.S.C.

4 1078(c)(1)) is amended by adding at the end the following

5 new subparagraph:

6 ‘‘(G) Notwithstanding any other provision

7 of this section, the Secretary shall exclude a loan

8 made pursuant to a lender-of-last-resort program

9 when making reimbursement payment calcula10 tions under subparagraphs (B) and (C).’’.

11 (b) EFFECTIVE DATE.—Subsection (a) and the amend12 ment made by subsection (a) shall take effect on August 10,

13 1993.

14 SEC. 350H. FEDERAL CONSOLIDATION LOANS.

15 Paragraph (4) of section 428C(a) of the Higher Edu16 cation Act of 1965 (20 U.S.C. 1078–3(a)(4)) is amended—

17 (1) in subparagraph (B), by striking ‘‘or’’ after

18 the semicolon;

19 (2) in subparagraph (C), by striking the period

20 and inserting ‘‘; or’’; and

21 (3) by adding at the end the following new sub22 paragraph:

23 ‘‘(D) made under subpart II of part B of

24 title VIII of the Public Health Service Act.’’.
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1 SEC. 350I. FACILITIES AUTHORITY OF THE STUDENT LOAN

2 MARKETING ASSOCIATION.

3 Section 439 of the Higher Education Act of 1965 (20

4 U.S.C. 1087–2) is amended—

5 (1) in subparagraph (C) of subsection (d)(1)—

6 (A) in the matter preceding clause (i), by

7 inserting ‘‘(including related equipment, instru8 mentation, and furnishings)’’ after ‘‘materials’’;

9 (B) in clause (ii), by striking the semicolon

10 and inserting ‘‘, athletic facilities, dining halls,

11 and student unions; and’’;

12 (C) in clause (iii), by striking ‘‘and’’ after

13 the semicolon;

14 (D) in the matter following clause (iv)—

15 (i) by striking ‘‘15 percent’’ and in16 serting ‘‘30 percent’’; and

17 (ii) by striking ‘‘type’’ and inserting

18 ‘‘types’’; and

19 (E) by striking clause (iv); and

20 (2) in subsection (n), by striking ‘‘a report of its

21 operations and activities during each year’’ and in22 serting ‘‘a report of the Association’s operations and

23 activities, including a report with respect to all facili24 ties transactions, during each year’’.
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1 SEC. 350J. CLOCK AND CREDIT HOUR TREATMENT OF DI2 PLOMA NURSING SCHOOLS.

3 (a) A MENDMENT.—Part G of title IV of the Higher

4 Education Act of 1965 (20 U.S.C. 1088 et seq.) is amended

5 by inserting after section 481 the following new section:

6 ‘‘SEC. 481A. CLOCK AND CREDIT HOUR TREATMENT OF DI7 PLOMA NURSING SCHOOLS.

8 ‘‘Notwithstanding any other provision of this Act, any

9 regulations promulgated by the Secretary concerning the re10 lationship between clock hours and semester, trimester, or

11 quarter hours in calculating student grant, loan, or work

12 assistance under this title, shall not apply to a public or

13 private nonprofit hospital-based school of nursing that

14 awards a diploma at the completion of the school’s program

15 of education.’’.

16 (b) EFFECTIVE DATE.—Subsection (a) and the amend17 ment made by subsection (a) shall take effect on July 1,

18 1994.

19 SEC. 350K. ELIGIBILITY FOR STUDENTS FROM PALAU.

20 Subsection (j) of section 484 of the Higher Education

21 Act of 1965 (20 U.S.C. 1091(j)) is amended to read as fol22 lows:

23 ‘‘(j) ASSISTANCE UNDER SUBPARTS 1, 2, 3, 4, AND 6

24 OF PART A AND PART C.—Notwithstanding any other pro25 vision of law, a student shall be eligible, if otherwise quali-
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1 fied, for assistance under subparts 1, 2, 3, 4, and 6 of part

2 A, and part C, of this title, if the student—

3 ‘‘(1) is a citizen of the Federated States of Micro4 nesia, the Republic of the Marshall Islands, or the Re5 public of Palau, and attends an institution of higher

6 education in a State or a public or nonprofit private

7 institution of higher education in the Federated

8 States of Micronesia, the Republic of the Marshall Is9 lands, or the Republic of Palau; or

10 ‘‘(2) meets the requirements of subsection (a)(5)

11 and attends a public or nonprofit private institution

12 of higher education in the Federated States of Micro13 nesia, the Republic of the Marshall Islands, or the Re14 public of Palau.’’.

15 SEC. 350L. FEDERAL INSURANCE FOR BONDS.

16 Subsection (b) of section 723 of the Higher Education

17 Act of 1965 (20 U.S.C. 1132–c(b)) is amended—

18 (1) in paragraph (8)—

19 (A) in clause (i), by striking ‘‘and’’ after

20 the semicolon;

21 (B) by amending clause (ii) to read as fol22 lows:

23 ‘‘(ii) shall be maintained in an

24 amount not less than 10 percent of the out25 standing principal of all loans under this
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1 part, with each eligible institution required

2 to maintain in the escrow account an

3 amount equal to 10 percent of the outstand4 ing principal of all loans made to such in5 stitution under this part; and’’; and

6 (C) by adding at the end the following new

7 clause:

8 ‘‘(iii) shall be used to return to an eli9 gible institution an amount equal to any

10 remaining portion of such institution’s 10

11 percent deposit of loan proceeds following

12 scheduled repayment of such institution’s

13 loan;’’; and

14 (2) in paragraph (11), by striking ‘‘regulations’’

15 and inserting ‘‘conditions’’.

16 SEC. 350M. DEFINITION OF ECONOMIC HARDSHIP.

17 Paragraph (1) of section 435(o) of the Higher Edu18 cation Act of 1965 (20 U.S.C. 1085(o)(1)) is amended—

19 (1) in clause (ii) of subparagraph (A), by strik20 ing ‘‘or’’ after the semicolon;

21 (2) by redesignating subparagraph (B) as sub22 paragraph (C);

23 (3) by inserting after subparagraph (A) the fol24 lowing new subparagraph:
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1 ‘‘(B) such borrower does not have disposable

2 income that is more than four times the amount

3 specified in subparagraph (A) for a borrower

4 who is working full-time and such borrower’s

5 Federal educational debt burden equals or ex6 ceeds 20 percent of such borrower’s disposable in7 come; or’’; and

8 (4) in paragraph (2), by striking ‘‘(1)(B)’’ and

9 inserting ‘‘(1)(C)’’.

10 SEC. 350N. AUTHORITY TO AWARD NEED-BASED AID.

11 Section 1544 of the Higher Education Amendments of

12 1992 (20 U.S.C. 1088, note) is amended to read as follows:

13 ‘‘SEC. 1544. AUTHORITY TO AWARD NEED-BASED AID.

14 ‘‘(a) EFFECT ON PENDING CASES PROHIBITED.—

15 Nothing in this section shall in any way be construed to

16 affect any antitrust litigation pending on the date of enact17 ment of this Act.

18 ‘‘(b) I N GENERAL.—Except as provided in subsection

19 (c), an institution of higher education that practices need20 blind admissions may—

21 ‘‘(1) voluntarily agree with any other institution

22 or institutions of higher education to award financial

23 aid not awarded under the Higher Education Act of

24 1965 to students attending those institutions only on

25 the basis of demonstrated financial need for such aid;
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1 ‘‘(2) jointly discuss and voluntarily agree upon

2 principles of need analysis for determining student fi3 nancial need for aid not awarded under the Higher

4 Education Act of 1965, provided that individual fi5 nancial aid officers may exercise professional judg6 ment with regard to individual applicants for finan7 cial aid;

8 ‘‘(3) use common aid application forms for aid

9 not awarded under the Higher Education Act of 1965,

10 provided that each such institution of higher edu11 cation shall be free to request and use additional or

12 different data from such institution’s applicants; and

13 ‘‘(4) exchange through an independent third14 party data on commonly admitted applicants regard15 ing family and student assets, income, allowances

16 against assets and income, number of family mem17 bers, and the number of siblings in college, provided

18 that each participating institution may retrieve such

19 data only once for each commonly admitted appli20 cant.

21 ‘‘(c) EXCEPTION.—Institutions of higher education

22 shall not discuss or agree with each other on the prospective

23 financial aid award to a specific applicant for financial

24 aid.
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1 ‘‘(d) R ELATIONSHIP TO HIGHER EDUCATION ACT.—

2 Nothing in this section shall be construed to affect the rights

3 or obligations of an institution of higher education under

4 sections 479A and 483.

5 ‘‘(e) RELATED MATTER.—No inference of unlawful

6 conduct, combination or conspiracy shall be drawn from

7 the fact that an institution of higher education engages in

8 conduct authorized by this section.

9 ‘‘(f) D EFINITION.—For the purpose of this section the

10 term ‘institution of higher education that practices need11 blind admissions’ means an institution of higher education

12 that admits as full-time students all United States citizens

13 or aliens lawfully admitted for permanent residence (within

14 the meaning of section 101(a)(20) of the Immigration and

15 Nationality Act) to the undergraduate programs of such in16 stitution without regard to family financial circumstances,

17 other than such citizens or aliens admitted from a waiting

18 list.

19 ‘‘(g) SUNSET PROVISION.—This section shall expire on

20 September 30, 1999.’’.

21 SEC. 350O. DEFERMENT ELIGIBILITY.

22 Subsection (f) of section 455 of the Higher Education

23 Act of 1965 (20 U.S.C. 1087e(f)) is amended by adding at

24 the end the following new paragraphs:
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1 ‘‘(2) D EFINITION OF BORROWER.—For the pur2 pose of this paragraph, the term ‘‘borrower’’ means

3 an individual who is a new borrower on the date such

4 individual applies for a loan under this part for

5 which the first disbursement is made on or after July

6 1, 1993.

7 ‘‘(3) D EFERMENTS FOR PREVIOUS PART B LOAN

8 BORROWERS.—A borrower of a loan made under this

9 part, who at the time such individual applies for such

10 loan, has an outstanding balance of principal or in11 terest owing on any loan made, insured, or guaran12 teed under part B of Title IV of the Act prior to July

13 1, 1993, shall be eligible for a deferment under section

14 427(a)(2)(C) or section 428(b)(1)(M) as such sections

15 were in effect on July 22, 1992.’’.

16 SEC. 350P. FAMILY SUPPORT CENTER PROGRAM.

17 (a) A DMINISTRATIVE PROVISIONS.—Section 772(f) of

18 the Stewart B. McKinney Homeless Assistance Act (42

19 U.S.C. 11482(f)) is amended—

20 (1) in paragraph (1), to read as follows:

21 ‘‘(1) ADMINISTRATIVE COSTS.—Two percent of

22 the amounts appropriated under this title may be

23 used by the Secretary to administer the programs es24 tablished under this title and three percent of the

25 amounts appropriated under this title may be used by
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1 the Secretary to evaluate such program and to pro2 vide technical assistance to entities for the develop3 ment and submission of applications for grants under

4 this section.’’;

5 (2) in paragraph (3), by striking ‘‘2 years’’ and

6 inserting ‘‘3 years’’; and

7 (3) by adding at the end thereof the following

8 new paragraph:

9 ‘‘(4) M INIMUM AMOUNT.—No grant made under

10 subsection (a) may be less than $200,000 per year.’’.

11 (b) REPORT.—Section 777 of such Act (42 U.S.C.

12 11487) is amended by striking ‘‘1992’’ and inserting

13 ‘‘1995’’.

14 (c) A UTHORIZATION FOR APPROPRIATIONS.—Section

15 779 of such Act (42 U.S.C. 11489) is amended by striking

16 ‘‘for fiscal year 1993’’ and inserting ‘‘for each of the fiscal

17 years 1993 through 1998’’.

18 (d) TECHNICAL AMENDMENT.—Section 774(a) of such

19 Act (42 U.S.C. 11484(a)) is amended by striking ‘‘sub20 section (e)’’ and inserting ‘‘subsection (d)’’.

21 SEC. 350Q. THE NATIONAL FOUNDATION ON THE ARTS AND

22 THE HUMANITIES ACT OF 1965.

23 Subsection (c) of section 11 of the National Foundation

24 on the Arts and the Humanities Act of 1965 (20 U.S.C.

25 960(c)) is amended—
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1 (1) in the second sentence of paragraph (1)—

2 (A) by striking ‘‘any fiscal year’’ and in3 serting ‘‘fiscal year 1995’’; and

4 (B) by striking ‘‘$50,000’’ and inserting

5 ‘‘$100,000’’; and

6 (2) in the second sentence of paragraph (2)—

7 (A) by striking ‘‘any fiscal year’’ and in8 serting ‘‘fiscal year 1995’’; and

9 (B) by striking ‘‘$50,000’’ and inserting

10 ‘‘$100,000’’.

11 PART E—LIBRARY SERVICES AND

12 CONSTRUCTION REAUTHORIZATION

13 SEC. 351. REFERENCES.

14 Except as otherwise specifically provided, whenever in

15 this part an amendment is expressed in terms of an amend16 ment to a section or other provision, the reference shall be

17 considered to be made to a section or other provision of the

18 Library Services and Construction Act (20 U.S.C. 351 et

19 seq.).

20 SEC. 352. AUTHORIZATIONS.

21 (a) I N GENERAL.—Subsection (a) of section 4 (20

22 U.S.C. 351b(a)) is amended—

23 (1) by striking ‘‘for fiscal year 1990 and such

24 sums as may be necessary for each of the 4 succeeding
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1 fiscal years’’ each place the phrase appears and in2 serting ‘‘for fiscal year 1995’’; and

3 (2) in the matter following paragraph (7), by

4 striking ‘‘each of the fiscal years 1990, 1991, 1992,

5 1993, and 1994’’ and inserting ‘‘fiscal year 1995’’.

6 (b) FAMILY LEARNING CENTERS.—Section 806 (20

7 U.S.C. 385e) is amended to read as follows:

8 ‘‘AUTHORIZATION OF APPROPRIATIONS

9 ‘‘SEC. 806. There are authorized to be appropriated

10 such sums as may be necessary for fiscal year 1995 to carry

11 out this part.’’.

12 (c) L IBRARY LITERACY CENTERS.—Section 818 (20

13 U.S.C. 386g) is amended to read as follows:

14 ‘‘AUTHORIZATION OF APPROPRIATIONS

15 ‘‘SEC. 818. There are authorized to be appropriated

16 such sums as may be necessary for fiscal year 1995 to carry

17 out this part.’’.

18 PART F—BUREAU OF INDIAN AFFAIRS

19 SEC. 361. GOALS 2000: EDUCATE AMERICA ACT.

20 (a) A SSISTANCE TO THE SECRETARY OF THE INTE21 RIOR.—Section 315 of the Goals 2000: Educate America Act

22 is amended—

23 (1) by amending subsection (c) to read as fol24 lows:

25 ‘‘(c) BUREAU OF INDIAN AFFAIRS COST ANALYSIS AND

26 STUDIES.—
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1 ‘‘(1) IN GENERAL.—The Secretary of the Interior

2 shall reserve from the funds received pursuant to sec3 tion 304(a)(1)(B) in the first and second fiscal year

4 for which the Secretary of the Interior receives such

5 funds an amount not to exceed $500,000 for each such

6 year to provide, through a contract executed, after

7 open solicitation, with an organization or institution

8 having extensive experience in school finance, for an

9 analysis of—

10 ‘‘(A) the costs associated with meeting the

11 academic, home-living, and residential standards

12 of the Bureau for each Bureau funded school and

13 annual projections of such costs; and

14 ‘‘(B) the feasibility and desirability of

15 changing the method of financing for Bureau

16 funded schools from the weighted student unit

17 formula method in effect on the date of enact18 ment of this Act to a school-based budget system

19 or other alternative system of financial support.

20 ‘‘(2) C OST ANALYSIS PURPOSE.—The purpose of

21 the cost analysis provided for in paragraph (1)(A)

22 shall be to provide the Bureau and the panel de23 scribed in subsection (b)(4) with baseline data regard24 ing the current state of operations funded by the Bu25 reau and to provide a framework for the implementa-
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1 tion of opportunity-to-learn standards or strategies.

2 Such analysis shall evaluate the costs of providing a

3 program in each school operated or supported by the

4 Bureau for the next succeeding academic year and

5 shall be based on—

6 ‘‘(A) the standards either published in the

7 Federal Register and effective for schools funded

8 by the Bureau on the date of enactment of this

9 Act, or the State or regional standards in effect

10 on such date for a Bureau-funded school;

11 ‘‘(B) the best projections of student counts

12 and demographics as provided by the Bureau

13 and as independently reviewed by the organiza14 tion or institution selected by the Secretary to

15 perform the analysis described in this section;

16 and

17 ‘‘(C) the pay and benefit schedules and

18 other personnel requirements for each school op19 erated by the Bureau, as such pay and benefit

20 schedules and requirements existed on the date of

21 enactment of this Act.

22 ‘‘(3) FEASIBILITY STUDY PURPOSE.—(A) The

23 purpose of the feasibility analysis provided for in

24 paragraph (1)(B) shall be to determine whether it is

25 feasible and desirable for the Bureau to replace or
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1 modify the weighted student unit formula system in

2 effect on the date of enactment of this Act.

3 ‘‘(B) For the purposes of the feasibility analysis

4 described in paragraph (1)(B), the term ‘school-based

5 budget system’ means a system based upon an initial

6 determination, at each school site, of the number of

7 students who shall be served at the site, the needs of

8 those students, the standards which will best meet

9 those needs (including any standards or conditions

10 reflecting local community input and such commu11 nity’s program), the personnel profile necessary to es12 tablish such program and the cost (determined on an

13 actual basis) of funding such a program. Such a sys14 tem shall include procedures to aggregate the deter15 minations for each school site to determine the

16 amount needed to fund all Bureau funded schools, to

17 prepare a budget submission based upon such aggre18 gate, and to provide for a mechanism for distributing

19 such sums as may be appropriated based upon the de20 termination at each school site.

21 ‘‘(4) R ESULTS REPORT.—The contractor selected

22 shall be required to report the results of analyses pro23 vided for in this section, in aggregate and school-spe24 cific form to the chairpersons and ranking minority

25 members of the Committee on Education and Labor
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1 and the Committee on Appropriations of the House of

2 Representatives and the Committee on the Indian Af3 fairs and the Committee on Appropriations of the

4 Senate, and to the Secretary of the Interior, not later

5 than six months after the date of enactment of the Im6 proving America’s Schools Act of 1994. The contrac7 tor shall also be required to provide an estimate of the

8 costs of meeting the academic and residential stand9 ards of the Bureau for each Bureau funded school for

10 each of the three succeeding forward-funded fiscal

11 years following the date of submission of such report.

12 The contractor shall provide an estimate of such costs

13 to such persons and members not later than January

14 1 of each succeeding fiscal year.’’; and

15 (2) by adding at the end the following new sub16 sections:

17 ‘‘(e) GRANTS.—The Secretary of the Interior may use

18 not more than one percent of the funds received pursuant

19 to section 304(a)(1)(B) in the first and second fiscal year

20 for which the Secretary of the Interior receives such funds

21 for the purpose of providing grants, if requested by Bureau

22 funded school boards, to enable such school boards to carry

23 out activities of reform planning as such activities are de24 scribed for States in section 308(b)(2)(J), or to evaluate the

25 feasibility of becoming a contract school pursuant to the In-
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1 dian Self-Determination and Education Assistance Act (25

2 U.S.C. 450 et seq.), or a grant school pursuant to the Augus3 tus F. Hawkins-Robert T. Stafford Elementary and Second4 ary School Improvement Amendments of 1988.

5 ‘‘(f) STUDY.—In cooperation with the panel established

6 in subsection (b)(4), the Secretary of the Interior shall con7 duct a study to evaluate the feasibility of contracting with

8 a private management firm for the operation of one or more

9 Bureau operated schools to facilitate the achievement of the

10 National Education Goals and the efficient use of funds in

11 the education of Indian children, and to report to the per12 sons identified in subsection (c)(4) and to the panel de13 scribed in subsection (b)(4) not later than 12 months after

14 the date of enactment of the Improving America’s Schools

15 Act of 1994.’’.

16 (b) SYSTEMIC TECHNOLOGY PLANNING.—Subsection

17 (b) of section 317 of the Goals 2000: Educate America Act

18 is amended by adding at the end the following new para19 graph:

20 ‘‘(3) S ECRETARY OF THE INTERIOR.—From the

21 amount appropriated pursuant to the authority of

22 subsection (f) in each fiscal year, the Secretary shall

23 reserve $75,000 for the Secretary of the Interior to en24 able the Secretary of the Interior to conduct, directly
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1 or through a contract, systemic technology planning

2 for Bureau funded schools.’’.

3 SEC. 362. TRIBALLY CONTROLLED SCHOOLS ACT OF 1988.

4 (a) NEW CONSTRUCTION.—The second sentence of

5 paragraph (4) of section 5205(b) of the Tribally Controlled

6 Schools Act of 1988 (25 U.S.C. 2504(b)(4)) is amended by

7 striking ‘‘were received.’’ and inserting ‘‘were received, ex8 cept that a school receiving a grant under this part for fa9 cilities improvement and repair may use such grant funds

10 for new construction if the tribal government or other orga11 nization provides funding for the new construction equal

12 to at least one-fourth of the total cost of such new construc13 tion.’’.

14 (b) C OMPOSITION OF GRANTS.—Subsection (b) of sec15 tion 5205 of the Tribally Controlled Schools Act of 1988

16 (25 U.S.C. 2504(b)) is further amended by adding at the

17 end the following new paragraph:

18 ‘‘(5) If the Secretary fails to make a determina19 tion within 180 days of a request filed by an Indian

20 tribe or tribal organization to include in such tribe

21 or organization’s grant the funds described in sub22 section (a)(2), the Secretary shall be deemed to have

23 approved such request and the Secretary shall imme24 diately amend the grant accordingly. Such tribe or

25 organization may enforce its rights under subsection
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1 (a)(2) and this paragraph, including any denial of or

2 failure to act on such tribe or organization’s request,

3 pursuant to the disputes authority described in sec4 tion 5209(e).’’.

5 (c) P AYMENTS.—Subsection (a) of section 5208 of the

6 Tribally Controlled Schools Act of 1988 (25 U.S.C. 2507(a))

7 is amended to read as follows:

8 ‘‘(a) PAYMENTS.—

9 ‘‘(1) Except as otherwise provided in this sub10 section, the Secretary shall make payments to grant11 ees under this part in 2 payments, of which—

12 ‘‘(A) the first payment shall be made not

13 later than July 1 of each year in an amount

14 equal to one-half of the amount which the grant15 ee was entitled to receive during the preceding

16 academic year; and

17 ‘‘(B) the second payment, consisting of the

18 remainder to which the grantee is entitled for the

19 academic year, shall be made not later than De20 cember 1 of each year.

21 ‘‘(2) For any school for which no payment under

22 this part was made from Bureau funds in the preced23 ing academic year, full payment of the amount com24 puted for the first academic year of eligibility under
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1 this part shall be made not later than December 1 of

2 the academic year.

3 ‘‘(3) With regard to funds for grantees that be4 come available for obligation on October 1 of the fis5 cal year for which such funds are appropriated, the

6 Secretary shall make payments to grantees not later

7 than December 1 of the fiscal year.

8 ‘‘(4) The provisions of the Prompt Payment Act

9 (31 U.S.C. 3901 et seq.) shall apply to the payments

10 required to be made by paragraphs (1), (2), and (3).

11 ‘‘(5) Paragraphs (1), (2), and (3) shall be subject

12 to any restriction on amounts of payments under this

13 part that are imposed by a continuing resolution or

14 other Act appropriating the funds involved.’’.

15 (d) APPLICABILITY.—Subsection (a) of section 5209 of

16 the Tribally Controlled Schools Act of 1988 (25 U.S.C.

17 2508(a)) is amended to read as follows:

18 ‘‘(a) C ERTAIN PROVISIONS TO APPLY TO GRANTS.—

19 All provisions of section 5, 6, 7, 104, 105(f), 106(f), 109,

20 and 111 of the Indian Self-Determination and Education

21 Assistance Act, except those provisions relating to indirect

22 costs and length of contract, shall apply to grants provided

23 under this part.’’.
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1 (e) E XCEPTIONS, P ROBLEMS, AND DISPUTES.—Sub2 section (e) of section 5209 of the Tribally Controlled Schools

3 Act of 1988 (25 U.S.C. 2508(e)) is amended—

4 (1) by striking ‘‘the amount of a grant under

5 section 5205 (and the amount of any funds referred

6 to in that section), and payments to be made under

7 section 5208 of this Act,’’ and inserting ‘‘a grant au8 thorized to be made pursuant to this part or any

9 amendment to such grant,’’;

10 (2) by striking ‘‘the amount of, or payment of,

11 the administrative grant’’ and inserting ‘‘an admin12 istrative cost grant’’; and

13 (3) by adding at the end the following new sen14 tence: ‘‘The Equal Access to Justice Act shall apply

15 to administrative appeals filed after September 8,

16 1988, by grantees regarding a grant under this part,

17 including an administrative cost grant.’’.

18 SEC. 363. EDUCATION AMENDMENTS OF 1978.

19 (a) BUREAU OF INDIAN AFFAIRS.—Subsections (a)

20 through (f) of section 1121 of the Education Amendments

21 of 1978 (25 U.S.C. 2001 et seq.) are amended to read as

22 follows:

23 ‘‘(a)(1) The purpose of the standards developed under

24 this section shall be to afford Indian students being served

25 by a Bureau funded school with the same opportunities as
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1 all other students to achieve the high goals embodied in the

2 Goals 2000: Educate America Act. Consistent with the pro3 visions of this section and section 1131, the Secretary shall

4 take such actions as are necessary to coordinate standards

5 developed and implemented under this section with those

6 in the State plans developed and implemented pursuant to

7 the Goals 2000: Educate America Act for the States in

8 which each Bureau funded school operates. In developing

9 and reviewing such standards and such coordination, the

10 Secretary shall utilize the findings and recommendations

11 of the panel established in section 315(b)(4) of the Goals

12 2000: Educate America Act.

13 ‘‘(2) The Secretary shall take immediate steps to en14 courage school boards of Bureau funded schools to engage

15 their communities in adopting declarations of purposes of

16 education in their communities, analyzing the implications

17 of such purposes for their schools, and determining how such

18 purposes may be made to motivate students and faculties

19 and otherwise animate their schools by May 1, 1995. Such

20 declarations shall represent the aspirations of a community

21 for the kinds of persons such community wants its children

22 to increasingly become, and shall include such purposes as

23 assuring that all learners are becoming accomplished in

24 ways important to themselves and respected by their par25 ents and communities, shaping worthwhile and satisfying
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1 lives for themselves, exemplifying the best values of the com2 munity and humankind, and becoming increasingly effec3 tive in shaping the character and quality of the world all

4 learners share.

5 ‘‘(b) Within 18 months of the publication of the vol6 untary national content standards described in section

7 213(a) of the Goals 2000: Educate America Act, the Sec8 retary, in consultation with the Secretary of Education and

9 Indian organizations and tribes, shall carry out or cause

10 to be carried out by contract with an Indian organization

11 a review of the standards in effect on the date of enactment

12 of the Improving America’s Schools Act of 1994 for the basic

13 education of Indian children attending Bureau funded

14 schools. Such review shall take into account the voluntary

15 national content standards and other factors such as aca16 demic needs, local cultural differences, type and level of lan17 guage skills, geographic isolation, and appropriate teacher18 student ratios for such children, and shall be directed to19 ward the attainment of equal educational opportunity for

20 such children.

21 ‘‘(c)(1) The Secretary shall revise the minimum aca22 demic standards published in the Federal Register on Sep23 tember 9, 1985 (50 Fed. Reg. 174) for the basic education

24 of Indian children based upon the review conducted under

25 subsection (b). The Secretary shall publish such proposed
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1 standards in the Federal Register for the purpose of receiv2 ing comments from the tribes and other interested parties.

3 The Secretary shall establish final standards, distribute

4 such final standards to all the tribes and publish such final

5 standards in the Federal Register. The Secretary shall re6 vise such final standards periodically as necessary. Prior

7 to any revision of such final standards, the Secretary shall

8 distribute such proposed revision to all the tribes, and pub9 lish such proposed revision in the Federal Register, for the

10 purpose of receiving comments from the tribes and other

11 interested parties.

12 ‘‘(2) The standards described in paragraph (1) shall

13 apply to Bureau schools, and subject to subsection (f), to

14 contract and grant schools, and may also serve as a model

15 for educational programs for Indian children in public

16 schools. In establishing and revising such standards, the

17 Secretary shall take into account the special needs of Indian

18 students and the support and reinforcement of the specific

19 cultural heritage of each tribe.

20 ‘‘(d) The Secretary shall provide alternative or modi21 fied standards in lieu of the standards established under

22 subsection (c), where necessary, so that the programs of each

23 school shall be in compliance with the minimum standards

24 required for accreditation of schools in the State where the

25 school is located.
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1 ‘‘(e) A tribal governing body, or the local school board

2 so designated by the tribal governing body, shall have the

3 local authority to waive, in part or in whole, the standards

4 established under subsection (c), where such standards are

5 deemed by such body to be inappropriate. The tribal govern6 ing body or designated school board shall, within 60 days

7 thereafter, submit to the Secretary a proposal for alter8 native standards that take into account the specific needs

9 of the tribe’s children. Such revised standards shall be estab10 lished by the Secretary unless specifically rejected by the

11 Secretary for good cause and in writing to the affected

12 tribes or local school board, which rejection shall be final

13 and unreviewable.

14 ‘‘(f) The Secretary, through contracting and grant15 making procedures, shall assist school boards of contract

16 and grant schools in the implementation of the standards

17 established under subsections (c) and (d), if the school

18 boards request that such standards, in part or in whole,

19 be implemented. At the request of a contract or grant school

20 board, the Secretary shall provide alternative or modified

21 standards for the standards established under subsections

22 (c) and (d) to take into account the needs of the Indian

23 children and the contract or grant school.’’.

24 (b) C OUNSELORS FOR BOARDING SCHOOLS AND DOR25 MITORIES.—Subsection (a) of section 1128 of the Education
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1 Amendments of 1978 (25 U.S.C. 2008(a)) is amended by

2 adding at the end the following: ‘‘Prior to January 1, 1996,

3 the Secretary shall review the formula established under this

4 section and shall take such steps as may be necessary to

5 increase the availability of counseling services for students

6 in off-reservation boarding schools and other Bureau funded

7 residential facilities. Concurrent with such action, the Sec8 retary shall review the standards established under section

9 1121 to be certain that adequate provision is made for pa10 rental notification regarding, and consent for, such counsel11 ing services.’’.

12 (c) S CHOOL BOARD TRAINING.—Subparagraph (A) of

13 section 1128(c)(2) of the Education Amendments of 1978

14 (25 U.S.C. 2008(c)(2)(A)) is amended by striking ‘‘fiscal

15 year 1986’’ and inserting ‘‘fiscal year 1992, except that the

16 contracts for distribution of such funds shall require that

17 such funds be distributed by the recipient organizations in

18 a manner that assures the same pro rata share is made

19 available for training for each school board in the system.’’.

20 (d) FORMULA ADJUSTMENT.—Subsection (c) of section

21 1128 of the Education Amendments of 1978 (25 U.S.C.

22 2008(c)) is further amended by adding at the end thereof

23 the following new paragraph:

24 ‘‘(4)(A) The Secretary shall adjust the formula

25 established under subsection (a) to use a weighted
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1 unit of 0.25 for each eligible Indian student who is

2 enrolled in a year-long credit course in an Indian or

3 Native language as part of the regular curriculum of

4 a school, in considering the number of eligible Indian

5 students served by such school.

6 ‘‘(B) The adjustment required under subpara7 graph (A) shall be used for such school after—

8 ‘‘(i) the certification of the Indian or Native

9 language curriculum by the school board of such

10 school to the Secretary, together with an estimate

11 of the number of full-time students expected to be

12 enrolled in the curriculum in the second school

13 year following the school year for which the cer14 tification is made; and

15 ‘‘(ii) the funds appropriated for allotment

16 under this section are designated by the appro17 priations Act appropriating such funds as the

18 amount necessary to implement such adjustment

19 at such school without reducing allotments made

20 under this section to any school by virtue of such

21 adjustment.’’.

22 (e) GRANT SCHOOLS.—Paragraph (3) of section

23 1128(g) of the Education Amendments of 1978 (25 U.S.C.

24 2008(g)(3)) is amended by inserting ‘‘or grant school’’ after

25 ‘‘contract school’’ each time such term appears.
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1 (f) A VAILABILITY.—Subsection (h) of section 1128 of

2 the Education Amendments of 1978 (25 U.S.C. 2008(h)) is

3 amended by inserting ‘‘of a Bureau school’’ after ‘‘board’’.

4 (g) S PECIAL RULE.—Section 1128 of the Education

5 Amendments of 1978 (25 U.S.C. 2008) is amended by add6 ing at the end the following new subsection:

7 ‘‘(i) Beginning with academic year 1994-1995, tuition

8 for the out-of-State students boarding at the Richfield Dor9 mitory in Richfield, Utah, who attend Sevier County high

10 schools in Richfield, Utah, shall be paid from the Indian

11 school equalization program funds at a rate not to exceed

12 the amount per weighted student unit for that year for the

13 instruction of such students. Such payment shall be in lieu

14 of payments that might otherwise be paid to Bureau funded

15 or public schools on their reservations. No additional ad16 ministrative cost funds will be added to the grant.’’.

17 (h) UNIFORM DIRECT FUNDING AND SUPPORT.—Sub18 section (a) of section 1129 of the Education Amendments

19 of 1978 (25 U.S.C. 2009(a)) is amended—

20 (1) by amending paragraph (1) to read as fol21 lows:

22 ‘‘(1) Within six months after the date of enactment of

23 the Improving America’s Schools Act of 1994, the Secretary

24 shall establish, by regulation adopted in accordance with

25 section 1138, a system for the direct funding and support
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1 of all Bureau funded schools. Such system shall allot funds

2 in accordance with section 1128. All amounts appropriated

3 for distribution under this section shall be made available

4 as provided in paragraph (2).’’;

5 (2) by striking paragraphs (2) and (3) and in6 serting the following new paragraph:

7 ‘‘(2)(A) For the purpose of affording adequate notice

8 of funding available pursuant to the allotments made by

9 section 1128, amounts appropriated in an appropriation

10 Act for any fiscal year shall become available for obligation

11 by the affected schools on July 1 of the fiscal year in which

12 such funds are appropriated without further action by the

13 Secretary, and shall remain available for obligation

14 through the succeeding fiscal year.

15 ‘‘(B) The Secretary shall, on the basis of the amount

16 appropriated in accordance with this paragraph—

17 ‘‘(i) publish, on July 1 of the fiscal year for

18 which the funds are appropriated, the allotments to be

19 made under section 1128 to each affected school of 85

20 percent of such appropriation; and

21 ‘‘(ii) publish, not later than October 30 of such

22 fiscal year, the allotments to be made under section

23 1128 of the remaining 15 percent of such appropria24 tion, adjusted to reflect actual student attendance.’’;
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1 (3) by redesignating paragraphs (4) and (5) as

2 paragraphs (3) and (4), respectively; and

3 (4) in paragraph (3) (as redesignated by para4 graph (3)) by striking ‘‘$25,000’’ and inserting

5 ‘‘$35,000’’.

6 (i) STUDENT PROJECTS AND MATCHING FUNDS.—Sec7 tion 1129 of the Education Amendments of 1978 (25 U.S.C.

8 2009) is amended by adding at the end the following new

9 subsections:

10 ‘‘(g) Notwithstanding any other provision of law,

11 where there is agreement on action between the superintend12 ent and the school board of a Bureau funded school, the

13 product or result of a project conducted in whole or in

14 major part by a student may be given to that student upon

15 the completion of such project.

16 ‘‘(h) Notwithstanding any other provision of law,

17 funds received by a Bureau funded school under this title

18 shall not be considered Federal funds for purposes of meet19 ing a matching funds requirement in any Federal pro20 gram.’’.
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1 SEC. 364. STAFF OF THE INSTITUTE OF AMERICAN INDIAN

2 AND ALASKA NATIVE CULTURE AND ARTS DE3 VELOPMENT.

4 Subsection (f) of section 1509 of the Higher Education

5 Amendments of 1986 (20 U.S.C. 4416(f)) is amended to

6 read as follows:

7 ‘‘(f) APPLICABILITY.—

8 ‘‘(1) This section shall apply to any individual

9 appointed after October 17, 1986, for employment in

10 the Institute. Except as provided in subsection (d)

11 and (g), the enactment of this title shall not affect—

12 ‘‘(A) the continued employment of any indi13 vidual employed immediately before October 17,

14 1986; or

15 ‘‘(B) such individual’s right to receive the

16 compensation attached to such position.

17 ‘‘(2) This section shall not apply to an individ18 ual whose services are procured by the Institute pur19 suant to a written procurement contract.

20 ‘‘(3) This section shall not apply to employees of

21 an entity performing services pursuant to a written

22 contract with the Institute.’’.

23 SEC. 365. ENDOWMENT FUNDS.

24 Section 302 of the Tribally Controlled Community Col25 lege Assistance Act of 1978 (25 U.S.C. 1832) is amended—
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1 (1) in subsection (a), by striking ‘‘section 333’’

2 and inserting in lieu thereof ‘‘section 331’’; and

3 (2) in subsection (b)—

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

5 follows:

6 ‘‘(1) provides for the investment and mainte7 nance of a trust fund, the corpus and earnings of

8 which shall be invested in the same manner as funds

9 are invested under paragraph (2) of section 331(c) of

10 the Higher Education Act of 1965, except that for

11 purposes of this paragraph, the term ‘endowment

12 fund’ means a fund established by an institution of

13 higher education or by a foundation that is exempt

14 from taxation and is maintained for the purpose of

15 generating income for the support of the institution,

16 and may include real estate;’’; and

17 (B) in paragraph (3) by striking ‘‘same’’

18 the first time such term appears.

19 SEC. 366. STUDY.

20 The Secretary of the Interior shall conduct a study,

21 in consultation with the board of regents of the Haskell In22 dian Junior College to evaluate the possible need for alter23 native institutional and administrative systems at Haskell

24 Indian Junior College to support the transition of such col25 lege to a four year university. If the study’s conclusions re-
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1 quire legislation to be implemented, the study shall be ac2 companied by appropriate draft legislation. Such study

3 shall be transmitted to the Committee on Indian Affairs of

4 the Senate and the Committee on Education and Labor of

5 the House of Representatives by June 1, 1995.

6 PART G—CROSS REFERENCES AND CONFORMING

7 AMENDMENTS

8 SEC. 381. CROSS REFERENCES.

9 (a) REFUGEE EDUCATION ASSISTANCE ACT OF

10 1980.—(1) Paragraph (1) of section 101 of the Refugee

11 Education Assistance Act of 1980 (8 U.S.C. 1522 note) is

12 amended by striking ‘‘section 198(a)’’ and inserting ‘‘sec13 tion 10101’’.

14 (2) Paragraph (2) of section 201(b) of the Refugee

15 Education Assistance Act of 1980 (8 U.S.C. 1522 note) is

16 amended by striking ‘‘(other than section 303 of the Ele17 mentary and Secondary Education Act of 1965)’’.

18 (3) Paragraph (3) of section 301(b) of the Refugee

19 Education Assistance Act of 1980 (8 U.S.C. 1522 note) is

20 amended by striking ‘‘, except that no reduction under this

21 paragraph shall be made for any funds made available to

22 the State under section 303 of the Elementary and Second23 ary Education Act of 1965’’.

24 (4) Paragraph (2) of section 401(b) of the Refugee

25 Education Assistance Act of 1980 (8 U.S.C. 1522 note) is
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1 amended by striking ‘‘(other than section 303 of the Ele2 mentary and Secondary Education Act of 1965)’’.

3 (b) TITLE 10.—(1) Subparagraph (A) of section

4 1151(b)(2) of title 10, United States Code, is amended by

5 striking ‘‘chapter 1 of’’.

6 (2) Subparagraph (A) of section 1151(b)(3) of title 10,

7 United States Code, is amended by striking ‘‘chapter 1 of’’.

8 (3) Subparagraph (A) of section 1598(a)(2) of title 10,

9 United States Code, is amended by striking ‘‘chapter 1 of’’.

10 (4) Section 2194 of title 10, United States Code, is

11 amended—

12 (A) in subsection (a), by striking ‘‘education

13 agency’’ and inserting ‘‘educational agency’’; and

14 (B) in subsection (e)—

15 (i) by striking ‘‘education agency’’ and in16 serting ‘‘educational agency’’;

17 (ii) by striking ‘‘section 1471(12)’’ and in18 serting ‘‘section 10101’’; and

19 (iii) by striking ‘‘(20 U.S.C. 1058(b)’’.

20 (5) Subparagraph (A) of section 2410j(a)(2) of title

21 10, United States Code, is amended by striking ‘‘chapter

22 1 of’’.

23 (c) TOXIC SUBSTANCES CONTROL ACT.—(1) Subpara24 graph (A) of section 202(7) of the Toxic Substances Control

25 Act (15 U.S.C. 2642(7)(A)) is amended—
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1 (A) by striking ‘‘section 198’’ and inserting ‘‘sec2 tion 10101’’; and

3 (B) by striking ‘‘(20 U.S.C. 3381)’’.

4 (2) Paragraph (9) of section 202 of the Toxic Sub5 stances Control Act (15 U.S.C. 2642(9)) is amended—

6 (A) by striking ‘‘section 198’’ and inserting ‘‘sec7 tion 10101’’; and

8 (B) by striking ‘‘(20 U.S.C. 2854)’’.

9 (3) Paragraph (12) of section 202 of the Toxic Sub10 stances Control Act (15 U.S.C. 2642(12)) is amended—

11 (A) by striking ‘‘section 198’’ and inserting ‘‘sec12 tion 10101’’; and

13 (B) by striking ‘‘(20 U.S.C. 2854)’’.

14 (4) Section 302(1) of the Toxic Substances Control Act

15 (15 U.S.C. 2662(1)(A)) is amended—

16 (A) in subparagraph (A)—

17 (i) by striking ‘‘section 198’’ and inserting

18 ‘‘section 10101’’; and

19 (ii) by striking ‘‘(20 U.S.C. 3381)’’; and

20 (B) in subparagraph (C), by inserting ‘‘or suc21 cessor authority’’ after ‘‘1107)’’.

22 (d) NATIONAL DEFENSE AUTHORIZATION ACT FOR

23 FISCAL YEAR 1993.—Paragraph (1) of section 386(h) of the

24 National Defense Authorization Act for Fiscal Year 1993

25 (20 U.S.C. 238 note) is amended—
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1 (1) by striking ‘‘section 1471(12)’’ and inserting

2 ‘‘section 10101’’; and

3 (2) by striking ‘‘(20 U.S.C. 2891(12))’’.

4 (e) H IGHER EDUCATION ACT OF 1965.—(1) Para5 graph (1) of section 404(c) (20 U.S.C. 1070a–23(c)(1)) is

6 amended by striking ‘‘section 1005(c)’’ and inserting ‘‘sec7 tion 1123(c)(1)’’.

8 (2) Clause (ii) of section 418A(b)(1)(B) of the Higher

9 Education Act of 1965 (20 U.S.C. 1070d–2(b)(1)(B)(ii)) is

10 amended by striking ‘‘subpart 1 of part D of chapter 1’’

11 and inserting ‘‘part D’’.

12 (3) Subparagraph (A) of section 418A(c)(1) of the

13 Higher Education Act of 1965 (20 U.S.C. 1070d–

14 2(c)(1)(A)) is amended—

15 (A) by striking ‘‘subpart 1 of part D of chapter

16 1’’ and inserting ‘‘part D’’; and

17 (B) by inserting ‘‘(or such part’s predecessor au18 thority)’’ after ‘‘1965’’.

19 (4) Subparagraph (A) of section 465(a)(2) of the High20 er Education Act of 1965 (20 U.S.C. 1087ee(a)(2)(A)) is

21 amended—

22 (A) by striking ‘‘chapter 1 of the Education Con23 solidation and Improvement Act of 1981’’ and insert24 ing ‘‘title I of the Elementary and Secondary Edu25 cation Act of 1965’’; and
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1 (B) by striking ‘‘section 111(c)’’ and inserting

2 ‘‘section 1123(c)(1)’’.

3 (5) Subsection (a) of section 469 of the Higher Edu4 cation Act of 1965 (20 U.S.C. 1087ii(a)) is amended by

5 striking ‘‘chapter 1 of’’.

6 (6) Subsection (b) of section 501 of the Higher Edu7 cation Act of 1965 (20 U.S.C. 1102(b)) is amended—

8 (A) in subparagraph (B) of paragraph (1), by

9 striking ‘‘sections 1005 and 1006 of chapter 1 of title

10 I’’ and inserting ‘‘section 1123’’; and

11 (B) in subclause (II) of paragraph (2)(A)(ii), by

12 striking ‘‘sections 1005 and 1006’’ and inserting ‘‘sec13 tion 1123’’.

14 (7) Subsection (b) of section 572 of the Higher Edu15 cation Act of 1965 (20 U.S.C. 1111a(b)) is amended by

16 striking ‘‘of chapter 1’’.

17 (8) Paragraph (1) of section 581(b) of the Higher Edu18 cation Act of 1965 (20 U.S.C. 1113(b)(1)) is amended by

19 striking ‘‘part A or subpart 1 of part D of chapter 1’’ and

20 inserting ‘‘part A or D’’.

21 (9) Paragraph (3) of section 581(c) of the Higher Edu22 cation Act of 1965 (20 U.S.C. 1113(c)(3)) is amended by

23 striking ‘‘chapter 1 of’’.
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1 (10) Subparagraph (C) of section 586(d)(1) of the

2 Higher Education Act of 1965 (20 U.S.C. 1114(d)(1)(C))

3 is amended by striking ‘‘chapter 1 of’’.

4 (11) Subparagraph (D) of section 586(d)(1) of the

5 Higher Education Act of 1965 (20 U.S.C. 1114(d)(1)(D))

6 is amended by striking ‘‘chapter 1 of’’.

7 (12) Subclause (I) of section 1144(b)(1)(B)(iv) of the

8 Higher Education Act of 1965 (20 U.S.C.

9 1138c(b)(1)(B)(iv)(I)) is amended by striking ‘‘chapter 1

10 of’’.

11 (f) E DUCATION AMENDMENTS OF 1978.—Subsection

12 (h) of section 1203 of the Education Amendments Act of

13 1978 (20 U.S.C. 1221–1 note) is amended by striking ‘‘sec14 tion 183’’ and inserting ‘‘part F of title I’’.

15 (g) INDIVIDUALS WITH DISABILITIES EDUCATION

16 ACT.—(1) Clause (ii) of section 602(a)(21)(A) of the Indi17 viduals with Disabilities Education Act (20 U.S.C.

18 1401(a)(21)(A)(ii)) is amended by striking ‘‘chapter 1 of’’.

19 (2) Paragraph (2) of section 613(a) of the Individuals

20 with Disabilities Education Act (20 U.S.C. 1413(a)(2)) is

21 amended by striking ‘‘, including subpart 2 of part D of

22 chapter 1 of title I of the Elementary and Secondary Edu23 cation Act of 1965,’’.

24 (3) Subparagraph (B) of section 622(c)(2) of the Indi25 viduals with Disabilities Education Act (20 U.S.C.
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1 1422(c)(2)) is amended by striking ‘‘and subpart 2 of part

2 D of chapter 1 of title I of the Elementary and Secondary

3 Education Act of 1965,’’.

4 (h) EDUCATION AMENDMENTS OF 1972.—Subpara5 graph (B) of section 908(2) of the Education Amendments

6 of 1972 (20 U.S.C. 1687(2)(B)) is amended by striking

7 ‘‘section 198(a)(10)’’ and inserting ‘‘section 10101’’.

8 (i) DEPARTMENT OF EDUCATION ORGANIZATION

9 ACT.—Section 204 of the Department of Education Organi10 zation Act (20 U.S.C. 3414) is amended by striking ‘‘sub11 part 1 of part B’’ and inserting ‘‘part D’’.

12 (j) E DUCATION AND TRAINING FOR A COMPETITIVE

13 AMERICA ACT OF 1988.—The Education and Training for

14 a Competitive America Act of 1988 (20 U.S.C. 5001 et seq.)

15 is repealed.

16 (k) EDUCATIONAL PARTNERSHIPS ACT OF 1988.—The

17 Educational Partnerships Act of 1988 (20 U.S.C. 5031 et

18 seq.) is repealed.

19 (l) SECONDARY SCHOOLS BASIC SKILLS DEMONSTRA20 TION ASSISTANCE ACT OF 1988.—The Secondary Schools

21 Basic Skills Demonstration Assistance Act of 1988 (20

22 U.S.C. 5061 et seq.) is repealed.

23 (m) EXCELLENCE IN MATHEMATICS, S CIENCE AND

24 ENGINEERING EDUCATION ACT OF 1990.—The Excellence
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1 in Mathematics, Science and Engineering Education Act

2 of 1990 (20 U.S.C. 5311 et seq.) is repealed.

3 (n) N ATIONAL ENVIRONMENTAL EDUCATION ACT.—

4 Paragraph (5) of section 3 of the National Environmental

5 Education Act (20 U.S.C. 5502(5)) is amended—

6 (1) by striking ‘‘local education’’ and inserting

7 ‘‘local educational’’; and

8 (2) by striking ‘‘section 198’’ and inserting ‘‘sec9 tion 10101’’.

10 (o) JOB TRAINING PARTNERSHIP ACT.—(1) Para11 graph (23) of section 4 of the Job Training Partnership

12 Act (29 U.S.C. 1503(23)) is amended by striking ‘‘section

13 1471(23)’’ and inserting ‘‘section 10101’’.

14 (2) Subparagraph (B) of section 263(a)(2) of the Job

15 Training Partnership Act (29 U.S.C. 1643(a)(2)(B)) is

16 amended by striking ‘‘chapter 1 of’’.

17 (3) Subparagraph (B) of section 263(g)(1) of the Job

18 Training Partnership Act (29 U.S.C. 1643(g)(1)(B)) is

19 amended by striking ‘‘chapter 1 of’’.

20 (4) Paragraph (2) of section 265(b) of the Job Train21 ing Partnership Act (29 U.S.C. 1645(b)(2)) is amended by

22 striking ‘‘parts A through D of chapter 1’’ and inserting

23 ‘‘parts A through C’’.

24 (p) NATIONAL DEFENSE AUTHORIZATION ACT FOR

25 FISCAL YEAR 1993.—Paragraph (3) of section 1091(l) of
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1 the National Defense Authorization Act for Fiscal Year

2 1993 (32 U.S.C. 501 note) is amended by inserting ‘‘(as

3 such section was in effect on the day preceding the date

4 of enactment of this Act)’’ after ‘‘1965’’.

5 (q) SAFE DRINKING WATER ACT.—Section 1461 of the

6 Safe Drinking Water Act (42 U.S.C. 300j–21(6)) is amend7 ed—

8 (1) in subparagraph (A) of paragraph (3)—

9 (A) by striking ‘‘section 198’’ and inserting

10 ‘‘section 10101’’; and

11 (B) by striking ‘‘(20 U.S.C. 3381)’’; and

12 (2) in paragraph (6)—

13 (A) by striking ‘‘section 198’’ and inserting

14 ‘‘section 10101’’; and

15 (B) by striking ‘‘(20 U.S.C. 2854)’’.

16 (r) C IVIL RIGHTS ACT OF 1964.—Subparagraph (B)

17 of section 606(2) of the Civil Rights Act of 1964 (42 U.S.C.

18 2000d–4a(2)(B)) is amended by striking ‘‘section

19 198(a)(10)’’ and inserting ‘‘section 10101’’.

20 (s) O LDER AMERICANS ACT OF 1965.—(1) Section

21 338(a) of the Older Americans Act of 1965 (42 U.S.C.

22 3030g–11(a)) is amended—

23 (A) by striking ‘‘section 1005(d)(2)’’ and insert24 ing ‘‘1121(c)(1)(A)’’; and

25 (B) by striking ‘‘(20 U.S.C. 2711(d)(2))’’.
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1 (2) Section 338A of the Older Americans Act of 1965

2 (42 U.S.C. 3030g–12(a)(1)) is amended—

3 (A) in paragraph (1) of subsection (a)—

4 (i) by striking ‘‘section 1471’’ and inserting

5 ‘‘section 10101’’; and

6 (ii) by striking ‘‘(20 U.S.C. 2891)’’; and

7 (B) in paragraph (3) of subsection (b)—

8 (i) by striking ‘‘projects under section

9 1015’’ and inserting ‘‘programs under section

10 1114’’; and

11 (ii) by striking (20 U.S.C. 2025)’’.

12 (3) Subparagraph (B) of section 363(5) of the Older

13 Americans Act of 1965 (42 U.S.C. 3030o(5)(B)) is amend14 ed—

15 (A) by striking ‘‘section 1471’’ and inserting

16 ‘‘section 10101’’; and

17 (B) by striking ‘‘(20 U.S.C. 2891)’’.

18 (t) CARL D. PERKINS VOCATIONAL AND APPLIED

19 TECHNOLOGY EDUCATION ACT.—(1) Subsection (d) of sec20 tion 111 of the Carl D. Perkins Vocational and Applied

21 Technology Education Act (20 U.S.C. 2321(d)) is amended

22 by striking ‘‘chapter 1 of’’.

23 (2) Paragraph (14) of section 113(b) of the Carl D.

24 Perkins Vocational and Applied Technology Education Act
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1 (20 U.S.C. 2323(b)(14)) is amended by striking ‘‘chapter

2 1 of’’.

3 (3) Subsection (a) of section 115 of the Carl D. Perkins

4 Vocational and Applied Technology Education Act (20

5 U.S.C. 2325(a)) is amended—

6 (A) by striking ‘‘chapter 1 of’’; and

7 (B) by inserting ‘‘of 1965’’ after ‘‘Secondary

8 Education Act’’.

9 (4) Paragraph (1) of section 231(a) of the Carl D. Per10 kins Vocational and Applied Technology Education Act (20

11 U.S.C. 2341(a)(1)) is amended by striking ‘‘section 1005’’

12 and inserting ‘‘section 1124 or such section’s predecessor

13 authority’’.

14 (5) Clause (iv) of section 231(d)(3)(A) of the Carl D.

15 Perkins Vocational and Applied Technology Education Act

16 (20 U.S.C. 2341(d)(3)(A)(iv)) is amended by striking

17 ‘‘chapter 1 of’’.

18 (6) Section 352 of the Carl D. Perkins Vocational and

19 Applied Technology Education Act (20 U.S.C. 2395a) is

20 amended by striking ‘‘section 1006’’ and inserting ‘‘section

21 1124’’.

22 (7) Subsection (b) of section 353 of the Carl D. Perkins

23 Vocational and Applied Technology Education Act (20

24 U.S.C. 2396b) is amended by striking ‘‘section 1006’’ and

25 inserting ‘‘section 1124’’.
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1 (8) Paragraph (1) of section 368 of the Carl D. Perkins

2 Vocational and Applied Technology Education Act (20

3 U.S.C. 2396f(1)) is amended by striking ‘‘section 1006’’ and

4 inserting section 1124’’.

5 (9) Paragraph (3) of section 420(a) of the Carl D. Per6 kins Vocational and Applied Technology Education Act (20

7 U.S.C. 2420(a)(3)) is amended by striking ‘‘section 1562’’

8 and inserting ‘‘subpart 2 of part C of title II’’.

9 (10) Paragraph (20) of section 521 of the Carl D. Per10 kins Vocational and Applied Technology Education Act (20

11 U.S.C. 2471(20) is amended by striking ‘‘section 1471(5)’’

12 and inserting ‘‘section 10101’’.

13 (11) Paragraph (21) of section 521 of the Carl D. Per14 kins Vocational and Applied Technology Education Act (20

15 U.S.C. 2471(21)) is amended by striking ‘‘section

16 703(a)(1)’’ and inserting ‘‘section 7104’’.

17 (u) J UVENILE JUSTICE AND DELINQUENCY PREVEN18 TION ACT OF 1974.—Paragraph (2) of section 288E(a) of

19 the Juvenile Justice and Delinquency Prevention Act of

20 1974 (42 U.S.C. 5667e–5(a)(2)) is amended by striking

21 ‘‘chapter 1 of’’.

22 (v) A GE DISCRIMINATION ACT OF 1975.—Clause (ii)

23 of section 309(4)(B) of the Age Discrimination Act of 1975

24 (42 U.S.C. 6107(4)(B)(ii)) is amended by striking ‘‘section

25 198(a)(10),’’ and inserting ‘‘section 10101’’.
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1 (w) H EAD START TRANSITIONAL PROJECT ACT.—(1)

2 Paragraph (4) of section 132 of the Head Start Transition

3 Project Act (42 U.S.C. 9855(4)) is amended by striking

4 ‘‘section 1471(12)’’ and inserting ‘‘section 10101’’.

5 (2) Subsection (a) of section 134 of the Head Start

6 Transition Project Act (42 U.S.C. 9855b(a)) is amended by

7 striking ‘‘of chapter 1’’.

8 (3) Subsection (b) of section 134 of the Head Start

9 Transition Project Act (42 U.S.C. 9855b(b)) is amended by

10 striking ‘‘of chapter 1’’.

11 (4) Subsection (d) of section 135 of the Head Start

12 Transition Project Act (42 U.S.C. 9855c(d)) is amended by

13 striking ‘‘schoolwide project under section 1015(a)’’ and in14 serting ‘‘schoolwide program under section 1114’’.

15 (5) Subparagraph (C) of section 136(a)(4) of the Head

16 Start Transition Project Act (42 U.S.C. 9855d(a)(4)(C)) is

17 amended—

18 (A) by striking ‘‘Follow Through Act, chapter 1

19 of’’; and

20 (B) by striking ‘‘part B of chapter 1 of title I

21 of the Elementary and Secondary Education Act of

22 1965’’.

23 (6) Paragraph (8) of section 136(a) of the Head Start

24 Transition Project Act (42 U.S.C. 9855d(a)(8)) is amended

25 by striking ‘‘part B of chapter 1’’ and inserting ‘‘part C’’.
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1 (7) Paragraph (10) of section 136(a) of the Head Start

2 Transition Project Act (42 U.S.C. 9855d(a)(10)) is amend3 ed by striking ‘‘part B of chapter 1’’ and inserting ‘‘part

4 C’’.

5 (x) FOLLOW THROUGH ACT.—The Follow Through Act

6 (42 U.S.C. 9861 et seq.) is repealed.

7 (y) COMPREHENSIVE CHILD DEVELOPMENT ACT.—

8 Paragraph (5) of section 670S of the Comprehensive Child

9 Development Act (42 U.S.C. 9886(5)) is amended by strik10 ing ‘‘section 1471(12)’’ and inserting ‘‘section 10101’’.

11 (z) NATIONAL AND COMMUNITY SERVICE ACT OF

12 1990.—Subparagraph (B) of section 112(b)(2) of the Na13 tional and Community Service Act of 1990 (42 U.S.C.

14 12524(b)(2)(B)) is amended by striking ‘‘chapter 1 of’’.

15 (aa) TRAINING TECHNOLOGY TRANSFER ACT OF

16 1988.—Paragraph (1) of section 6144 of the Training Tech17 nology Transfer Act of 1988 (20 U.S.C. 5124(1)) is amend18 ed by striking ‘‘section 405(d)(4)(A)(i) of the General Edu19 cation Provisions Act (20 U.S.C. 1221e(d)(4)(A)(i))’’ and

20 inserting ‘‘section 941(h) of the Educational Research, De21 velopment, Dissemination, and Improvement Act of 1994’’.

22 SEC. 382. ADDITIONAL REPEALS AND TECHNICAL AND CON23 FORMING AMENDMENTS REGARDING IMPACT

24 AID.

25 (a) ADDITIONAL REPEALS.—
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1 (1) O MNIBUS BUDGET RECONCILIATION ACT OF

2 1981.—Subsection (c) of section 505 of the Omnibus

3 Budget Reconciliation Act of 1981 is repealed.

4 (2) E DUCATION AMENDMENTS OF 1984.—Section

5 302 of the Education Amendments of 1984 is re6 pealed.

7 (3) DEPARTMENT OF EDUCATION APPROPRIA8 TIONS ACT, 1991.—Section 306 of the Department of

9 Education Appropriations Act, 1991, is repealed.

10 (4) NATIONAL ASSESSMENT OF CHAPTER 1

11 ACT.—Paragraph (2) of section 3(a) of the 1992 Na12 tional Assessment of Chapter 1 Act is repealed.

13 (5) PUBLIC LAW 92–277.—Section 2 of Public

14 Law 92–277 (86 Stat. 124) is repealed.

15 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

16 (1) ELEMENTARY AND SECONDARY EDUCATION

17 AMENDMENTS OF 1966.—Section 182 of the Elemen18 tary and Secondary Education Amendments of 1966

19 is amended by striking ‘‘by the Act of September 23,

20 1950 (Public Law 815, 81st Congress),’’.

21 (2) TOXIC SUBSTANCES CONTROL ACT.—Sub22 paragraph (C) of section 302(1) of the Toxic Sub23 stances Control Act (15 U.S.C. 2662(1)(C)) is amend24 ed by inserting ‘‘as in effect before enactment of the

25 Improving America’s Schools Act of 1994’’ after ‘‘sec-
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1 tion 6 of the Act of September 30, 1950 (64 Stat.

2 1107),’’.

3 SEC. 383. INDIAN EDUCATION.

4 (a) A DULT EDUCATION ACT.—Paragraph (4) of sec5 tion 322(a) of the Adult Education Act (20 U.S.C.

6 1203a(a)) is amended by striking ‘‘the Indian Education

7 Act’’ and inserting ‘‘title VI of the Elementary and Second8 ary Education Act of 1965’’.

9 (b) E DUCATION AMENDMENTS OF 1978.—Paragraph

10 (3) of section 1128(c) of the Education Amendments of 1978

11 (25 U.S.C. 2008(c)(3)) is amended—

12 (1) in clause (i) of subparagraph (A), by striking

13 ‘‘(as determined pursuant to section 5324 of the In14 dian Education Act of 1988)’’; and

15 (2) in subparagraph (B)—

16 (A) by striking ‘‘the later of the following’’

17 and all that follows through ‘‘(ii)’’; and

18 (B) by inserting ‘‘, and for each fiscal year

19 thereafter’’ before the period at the end thereof.

20 (c) INDIAN EDUCATION ASSISTANCE ACT.—Section

21 209 of the Indian Education Assistance Act (25 U.S.C.

22 458e) is amended by striking ‘‘title IV of the Act of June

23 23, 1972 (86 Stat. 235)’’ and inserting ‘‘title VI of the Ele24 mentary and Secondary Education Act of 1965’’.
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1 (d) J OHNSON-O’MALLEY ACT.—Subsection (a) of sec2 tion 5 of the Act of April 16, 1934, commonly known as

3 the ‘‘Johnson-O’Malley Act’’ (25 U.S.C. 456(a)) is amended

4 by striking ‘‘section 305(b)(2)(B)(ii) of the Act of June 23,

5 1972 (86 Stat. 235)’’ and inserting ‘‘section 6104(c)(4) of

6 the Elementary and Secondary Education Act of 1965’’.

7 SEC. 384. OTHER TECHNICAL AND CONFORMING AMEND8 MENTS.

9 (a) A DULT EDUCATION ACT.—Paragraph (7) of sec10 tion 342(c) of the Adult Education Act (20 U.S.C. 1206a(c))

11 is amended by striking ‘‘section 7004(a) of title VII’’ and

12 inserting ‘‘section 7104(5)’’.

13 (b) A GE DISCRIMINATION ACT OF 1975.—Clause (ii)

14 of section 309(4)(B) of the Age Discrimination Act of 1975

15 (42 U.S.C. 6107(4)(B)(ii)) is amended by striking ‘‘section

16 198(a)(10)’’ and inserting in lieu thereof ‘‘section

17 9101(13)’’.

18 (c) A NTI-DRUG ABUSE ACT OF 1988.—Subparagraph

19 (A) of section 3521(d)(8) of the Anti-Drug Abuse Act of

20 1988 (42 U.S.C. 11841(d)(8)(A)) is amended by striking

21 ‘‘the Drug-Free Schools and Communities Act of 1986’’ and

22 inserting ‘‘part A of title V of the Elementary and Second23 ary Education Act of 1965’’.
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1 (d) A SBESTOS SCHOOL HAZARD ABATEMENT ACT.—

2 Section 511 of the Asbestos School Hazard Abatement Act

3 of 1984 (20 U.S.C. 4020) is amended—

4 (1) in subparagraph (A) of paragraph (4), by

5 striking ‘‘section 198(a)(10)’’ and inserting ‘‘section

6 10101’’; and

7 (2) in subparagraph (A) of paragraph (5), by

8 striking ‘‘section 198(a)(7)’’ and inserting ‘‘section

9 10101’’.

10 (e) C HILD CARE AND DEVELOPMENT BLOCK GRANT

11 ACT OF 1990.—Subsection (c) of section 658H of the Child

12 Care and Development Block Grant Act of 1990 (42 U.S.C.

13 9858f(c)) is amended by striking ‘‘section 1006’’ and insert14 ing ‘‘section 1124’’.

15 (f) CRANSTON-GONZALEZ NATIONAL AFFORDABLE

16 HOUSING ACT.—Paragraph (10) of section 457 of the Cran17 ston-Gonzalez National Affordable Housing Act (42 U.S.C.

18 12899f(10)) is amended by striking ‘‘section 7003 of the Bi19 lingual Education Act’’ and inserting ‘‘section 7104(5) of

20 the Elementary and Secondary Education Act of 1965’’.

21 (g) FAMILY AND MEDICAL LEAVE ACT OF 1993.—Sub22 paragraph (A) of section 108(a)(1) of the Family and Medi23 cal Leave Act of 1993 (29 U.S.C. 2618(a)(1)(A)) is amended

24 by striking ‘‘section 1471(12) (20 U.S.C. 2891(12))’’ and

25 inserting ‘‘section 10101’’.
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1 (h) GOALS 2000: EDUCATION AMERICA ACT.—The

2 Goals 2000: Educate America Act is amended—

3 (1) in section 3—

4 (A) in subsection (a)—

5 (i) in paragraph (6), by striking ‘‘sec6 tion 1471’’ and inserting ‘‘section 10101’’;

7 and

8 (ii) in paragraph (10), by striking

9 ‘‘section 602’’ and inserting ‘‘section

10 602(a)(17)’’; and

11 (B) in paragraph (1) of subsection (b), by

12 striking ‘‘section 1471’’ and inserting ‘‘section

13 10101’’;

14 (2) in paragraph (7) of section 231, by striking

15 ‘‘chapter 1 of’’;

16 (3) in subsection (b) of section 232—

17 (A) in subparagraph (A) of paragraph (2),

18 by striking ‘‘Star Schools Program Assistance

19 Act’’ and inserting ‘‘Star Schools program au20 thorized by part B of title III of the Elementary

21 and Secondary Education Act of 1965’’; and

22 (B) in subparagraph (F) of paragraph (3),

23 by striking ‘‘the evaluation undertaken pursuant

24 to section 908 of the Star Schools Program As25 sistance Act’’ and inserting ‘‘any evaluation of
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1 the Star School program undertaken by the Sec2 retary’’;

3 (4) in subsection (b) of section 310, by striking

4 ‘‘section 1017’’ and inserting ‘‘sections 1117 and

5 10503’’; and

6 (5) in subsection (b) of section 311, by amending

7 paragraphs (1) through (6) to read as follows:

8 ‘‘(1) Title I of the Elementary and Secondary

9 Education Act of 1965.

10 ‘‘(2) Part A of title II of the Elementary and

11 Secondary Education Act of 1965.

12 ‘‘(3) Part A of title V of the Elementary and

13 Secondary Education Act of 1965.

14 ‘‘(4) Title VIII of the Elementary and Secondary

15 Education Act of 1965.

16 ‘‘(5) Part B of title IX of the Elementary and

17 Secondary Education Act of 1965.

18 ‘‘(6) The Carl D. Perkins Vocational and Ap19 plied Technology Education Act.’’.

20 (i) I MMIGRATION AND NATIONALITY ACT.—Subpara21 graph (D) of section 245A(h)(4) of the Immigration and

22 Nationality Act (8 U.S.C. 1255a(h)(4)(D)) is amended to

23 read as follows:

24 ‘‘(D) Title I of the Elementary and Second25 ary Education Act of 1965.’’.
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1 (j) NATIONAL AND COMMUNITY SERVICE ACT OF

2 1990.—The National and Community Service Act of 1990

3 is amended—

4 (1) in section 101—

5 (A) in paragraph (8), by striking ‘‘section

6 1471(8) of the Elementary and Secondary Edu7 cation Act of 1965 (20 U.S.C. 2891(8))’’ and in8 serting ‘‘section 10101 of the Elementary and

9 Secondary Education Act of 1965’’;

10 (B) in paragraph (14), by striking ‘‘section

11 1471(12) of the Elementary and Secondary Edu12 cation Act of 1965 (20 U.S.C. 2891(12))’’ and

13 inserting ‘‘section 10101 of the Elementary and

14 Secondary Education Act of 1965;

15 (C) in paragraph (22), by striking ‘‘section

16 1471(21) of the Elementary and Secondary Edu17 cation Act of 1965 (20 U.S.C. 2891(21))’’ and

18 inserting ‘‘section 10101 of the Elementary and

19 Secondary Education Act of 1965’’; and

20 (D) in paragraph (28), by striking ‘‘section

21 1471(23) of the Elementary and Secondary Edu22 cation Act of 1965 (20 U.S.C. 2891(23))’’ and

23 inserting ‘‘section 10101 of the Elementary and

24 Secondary Education Act of 1965’’;
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1 (2) in subparagraph (B) of section 112(b)(2), by

2 inserting ‘‘or its successor authority’’ after ‘‘(20

3 U.S.C. 2711 et seq.)’’; and

4 (3) in subsection (b) of section 115A, by insert5 ing ‘‘, as in effect on the day preceding the date of

6 enactment of the Improving America’s Schools Act of

7 1994’’ after ‘‘(20 U.S.C. 2727(b))’’.

8 (k) R EHABILITATION ACT OF 1973.—The Rehabilita9 tion Act of 1973 is amended—

10 (1) in section 202(b)(4)(A)(i), by striking ‘‘para11 graphs (8) and (21), respectively, of section 1471 of

12 the Elementary and Secondary Education Act of

13 1965 (20 U.S.C. 2891 (8) and (21))’’ and inserting

14 ‘‘section 10101 of the Elementary and Secondary

15 Education Act of 1965’’; and

16 (2) in subparagraph (B) of section 504(b)(2), by

17 striking ‘‘section 1471(12)’’ and inserting ‘‘section

18 10101’’.

19 (l) SCHOOL-TO-WORK OPPORTUNITIES ACT OF

20 1994.—The School-to-Work Opportunities Act of 1994 is

21 amended—

22 (1) in paragraph (15) of section 4, by striking

23 ‘‘section 602(17)’’ and inserting ‘‘section 602(a)(17)’’;

24 and
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1 (2) in subsection (b) of section 502, by amending

2 paragraphs (1) through (6) to read as follows:

3 ‘‘(1) title I of the Elementary and Secondary

4 Education Act of 1965;

5 ‘‘(2) part A of title II of the Elementary and

6 Secondary Education Act of 1965;

7 ‘‘(3) part A of title V of the Elementary and Sec8 ondary Education Act of 1965;

9 ‘‘(4) part B of title IX of the Elementary and

10 Secondary Education Act of 1965;

11 ‘‘(5) title XIII of the Elementary and Secondary

12 Education Act of 1965; and

13 ‘‘(6) the Carl D. Perkins Vocational and Applied

14 Technology Education Act.’’.

15 (m) SOCIAL SECURITY ACT.—Paragraph (7) of section

16 402(g) of the Social Security Act (42 U.S.C. 602(g)(7)) is

17 amended by striking ‘‘chapter 1 of the Education Consoli18 dation and Improvement Act of 1981’’ and inserting ‘‘title

19 I of the Elementary and Secondary Education Act of 1965’’.

20 (n) STATE DEPENDENT CARE DEVELOPMENT GRANTS

21 ACT.—Section 670G of the State Dependent Care Develop22 ment Grants Act (42 U.S.C. 9877) is amended—

23 (1) in paragraph (6), by striking ‘‘section

24 198(a)(10)’’ and inserting ‘‘section 10101 of the Ele25 mentary and Secondary Education Act of 1965’’; and
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1 (2) in paragraph (11), by striking ‘‘section

2 198(a)(17)’’ and inserting ‘‘section 10101’’.

3 (o) TRIBALLY CONTROLLED SCHOOLS ACT OF 1988.—

4 The Tribally Controlled Schools Act of 1988 is amended—

5 (1) in subparagraph (C) of section 5204(a)(3),

6 by striking ‘‘chapter 1 of’’; and

7 (2) in section 5205—

8 (A) in subparagraph (A) of subsection

9 (a)(3), by striking ‘‘chapter 1 of’’; and

10 (B) in subsection (b)—

11 (i) in subparagraph (A) of paragraph

12 (2), by striking ‘‘chapter 1 of’’; and

13 (ii) in clause (i) of paragraph (3)(A),

14 by striking ‘‘chapter 1 of’’.

15 TITLE IV—MISCELLANEOUS

16 SEC. 401. DOCUMENTS TRANSMITTED TO CONGRESS.

17 In documents transmitted to Congress explaining the

18 President’s budget request for the Special Education ac19 count, the Department of Education shall display amounts

20 included in the request to offset the termination of part D

21 of chapter 1 of title I of the Elementary and Secondary

22 Education Act of 1965 by the Improving America’s Schools

23 Act of 1994.
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1 SEC. 402. PARENTAL INVOLVEMENT.

2 It is the policy of the Congress that the States, in co3 operation with local educational agencies, schools, and par4 ent groups, should be encouraged to involve parents of chil5 dren who display criminal or violent behavior toward

6 teachers, students, or others on school property in discipli7 nary actions affecting such children.

8 SEC. 403. GRANTS TO STATES FOR WORKPLACE AND COM9 MUNITY TRANSITION TRAINING FOR INCAR10 CERATED YOUTH OFFENDERS.

11 (a) FINDINGS.—The Congress finds the following:

12 (1) Over 150,000 youth offenders age 21 and

13 younger are incarcerated in the Nation’s jails, juve14 nile facilities, and prisons.

15 (2) Most youth offenders who are incarcerated

16 have been sentenced as first-time adult felons.

17 (3) Approximately 75 percent of youth offenders

18 are high school dropouts who lack basic literacy and

19 life skills, have little or no job experience, and lack

20 marketable skills.

21 (4) The average incarcerated youth has attended

22 school only through grade 10.

23 (5) Most of these youths can be diverted from a

24 life of crime into productive citizenship with available

25 educational, vocational, work skills, and related serv26 ice programs.
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1 (6) If not involved with educational programs

2 while incarcerated, almost all of these youths will re3 turn to a life of crime upon release.

4 (7) The average length of sentence for a youth of5 fender is about 3 years. Time spent in prison pro6 vides a unique opportunity for education and train7 ing.

8 (8) Even with quality education and training

9 provided during incarceration, a period of intense su10 pervision, support, and counseling is needed upon re11 lease to ensure effective reintegration of youth offend12 ers into society.

13 (9) Research consistently shows that the vast ma14 jority of incarcerated youths will not return to the

15 public schools to complete their education.

16 (10) There is a need for alternative educational

17 opportunities during incarceration and after release.

18 (b) DEFINITION.—The term ‘‘youth offender’’ means a

19 male or female offender under the age of 25, who is incarcer20 ated in a State prison, including a prerelease facility.

21 (c) G RANT PROGRAM.—The Secretary shall establish

22 a program in accordance with this section to provide grants

23 to the States to assist and encourage incarcerated youths

24 to acquire functional literacy, life, and job skills, through

25 the pursuit of a postsecondary education certificate, or an
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1 associate of arts or bachelor’s degree while in prison, and

2 employment counseling and other related services which

3 start during incarceration and continue through prerelease

4 and while on parole.

5 (d) A PPLICATION.—To be eligible for a grant under

6 this section, a State agency shall submit to the Secretary

7 a proposal for a youth offender program that—

8 (1) identifies the scope of the problem, including

9 the number of incarcerated youths in need of post10 secondary education and vocational training;

11 (2) lists the accredited public or private edu12 cational institution or institutions that will provide

13 postsecondary educational services;

14 (3) lists the cooperating agencies, public and pri15 vate, or businesses that will provide related services,

16 such as counseling in the areas of career development,

17 substance abuse, health, and parenting skills;

18 (4) describes the evaluation methods and per19 formance measures that the State will employ, pro20 vided that such methods and measures are appro21 priate to meet the goals and objectives of the proposal,

22 and that they include measures of—

23 (A) program completion;

24 (B) student academic and vocational skill

25 attainment;
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1 (C) success in job placement and retention;

2 and

3 (D) recidivism;

4 (5) describes how the proposed programs are to

5 be integrated with existing State correctional edu6 cation programs (such as adult education, graduate

7 education degree programs, and vocational training)

8 and State industry programs;

9 (6) addresses the educational needs of youth of10 fenders who are in alternative programs (such as boot

11 camps); and

12 (7) describes how students will be selected so that

13 only youth offenders eligible under subsection (f) will

14 be enrolled in postsecondary programs.

15 (e) PROGRAM REQUIREMENTS.—Each State agency re16 ceiving a grant under this section shall—

17 (1) integrate activities carried out under the

18 grant with the objectives and activities of the school19 to-work programs of such State, including—

20 (A) work experience or apprenticeship pro21 grams;

22 (B) transitional worksite job training for

23 vocational education students that is related to

24 the occupational goals of such students and close-
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1 ly linked to classroom and laboratory instruc2 tion;

3 (C) placement services in occupations that

4 the students are preparing to enter;

5 (D) employment-based learning programs;

6 and

7 (E) programs that address State and local

8 labor shortages;

9 (2) annually report to the Secretary and the At10 torney General on the results of the evaluations con11 ducted using the methods and performance measures

12 contained in the proposal; and

13 (3) provide to each State not more than $1,500

14 annually for tuition, books, and essential materials,

15 and not more than $300 annually for related services

16 such as career development, substance abuse counsel17 ing, parenting skills training, and health education,

18 for each eligible incarcerated youth.

19 (f) S TUDENT ELIGIBILITY.—A youth offender shall be

20 eligible for participation in a program receiving a grant

21 under this section if the youth offender—

22 (1) is eligible to be released within 5 years (in23 cluding a youth offender who is eligible for parole

24 within such time); and

25 (2) is 25 years of age or younger.
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1 (g) LENGTH OF PARTICIPATION.—A program receiving

2 a grant under this section shall provide educational and

3 related services to each participating youth offender for a

4 period not to exceed 5 years, 1 year of which may be devoted

5 to study in a graduate education degree program or to re6 medial education services for students who have obtained

7 a high school diploma. Educational and related services

8 shall start during the period of incarceration in prison or

9 prerelease and may continue during the period of parole.

10 (h) EDUCATION DELIVERY SYSTEMS.—Correctional

11 education agencies and cooperating institutions shall, to the

12 extent practicable, use high-tech applications in developing

13 programs to meet the requirements and goals of this pro14 gram.

15 (i) A LLOCATION OF FUNDS.—From the amounts ap16 propriated pursuant to subsection (j), the Secretary shall

17 allot to each State an amount that bears the same relation18 ship to such funds as the total number of eligible students

19 in such State bears to the total number of eligible students

20 in all States.

21 (j) A UTHORIZATION OF APPROPRIATIONS.—There are

22 authorized to be appropriated to carry out this section—

23 (1) $18,000,000 for fiscal year 1995; and

24 (2) such sums as may be necessary for fiscal year

25 1996 and each fiscal year thereafter.
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1 SEC. 404. LOCAL CONTROL OVER SCHOOL VIOLENCE.

2 (a) IN GENERAL.—In any school that receives Federal

3 funds, if a student brings to or possesses on school property

4 or at a school-sponsored event a weapon as such term is

5 defined in, and in contravention of, school policy, or has

6 demonstrated life threatening behavior in the classroom or

7 on school premises, then the student shall be subjected to

8 the disciplinary actions as determined by the local edu9 cational agency.

10 (b) INDIVIDUALS WITH DISABILITIES.—Paragraph (3)

11 of section 615(e) of the Act (20 U.S.C. 1415(e)(3)) is amend12 ed—

13 (1) by striking ‘‘During’’ and inserting ‘‘(A) Ex14 cept as provided in subparagraph (B), during’’, and

15 (2) by adding at the end the following new sub16 paragraph:

17 ‘‘(B)(i) Except as provided in clause (iii), if the

18 proceedings conducted pursuant to this section involve

19 a child with a disability who brings to or possesses

20 on school property or at a school-sponsored event a

21 weapon as such term is defined in, and in contraven22 tion of, school policy, or a child with a disability who

23 has demonstrated life threatening behavior in the

24 classroom or on school premises, then the child may

25 be placed in an interim alternative educational set26 ting for not more than 90 days.
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1 ‘‘(ii) The interim alternative educational setting

2 described in clause (i) shall be decided by the individ3 uals described in section 602(a)(20).

4 ‘‘(iii) If a parent or guardian of a child de5 scribed in clause (i) requests a due process hearing

6 pursuant to paragraph (2) of subsection (b), then the

7 child shall remain in the alternative educational set8 ting described in such clause during the pendency of

9 any proceedings conducted pursuant to this section,

10 unless the parents and the local educational agency

11 agree otherwise.’’.

12 (c) SUNSET PROVISION.—This section, and the amend13 ments made by this section, shall be effective during the pe14 riod beginning on the date of enactment of this Act and

15 ending on the date of enactment of an Act (enacted after

16 the date of the enactment of this Act) that reauthorizes the

17 Individuals With Disabilities Education Act.

18 (d) DEFINITIONS.—For the purposes of this section, the

19 term ‘‘life threatening behavior’’ is defined as ‘‘an injury

20 involving a substantial risk of death; loss or substantial im21 pairment of the function of a bodily member, organ, or men22 tal faculty that is likely to be permanent; or an obvious

23 disfigurement that is likely to be permanent.’’.

24 SEC. 405. LOCAL CONTROL OVER VIOLENCE.

25 (a) AMENDMENTS.—
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1 (1) I N GENERAL.—In paragraph (3) of section

2 615(e) of the Individuals with Disabilities Education

3 Act (20 U.S.C. 1415(e)(3)) is amended—

4 (A) by striking ‘During’ and inserting ‘(A) Ex5 cept as provided in subparagraph (B), during’; and

6 (B) by adding at the end the following new sub7 paragraph:

8 ‘‘(B)(i) Except as provided in clause (iii), if the

9 proceedings conducted pursuant to this section involve

10 a child with a disability who is determined to have

11 brought a weapon to school under the jurisdiction of

12 such agency, then the child may be placed in an in13 terim alternative educational setting for not more

14 than 90 days, consistent with State law.

15 ‘‘(ii) The interim alternative educational setting

16 described in clause (i) shall be decided by the individ17 uals described in section 602(a)(20).

18 ‘‘(iii) If a parent or guardian of a child de19 scribed in clause (i) requests a due process hearing

20 pursuant to paragraph (2) of subsection (b), then the

21 child shall remain in the alternative educational set22 ting described in such clause during the pendency of

23 any proceedings conducted pursuant to this section,

24 unless the parents and the local educational agency

25 agree otherwise.’’.
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1 (2) E FFECTIVE DATE.—Paragraph (1) and the

2 amendments made by paragraph (1) shall be effective

3 during the period beginning on the date of enactment

4 of this Act and ending on the date of enactment of an

5 Act (enacted after the date of the enactment of this

6 Act) that reauthorizes the Individuals with Disabil7 ities Education Act.

8 (b) Nothing in the Individuals with Disabilities Edu9 cation Act shall supersede the provisions of the Gun-Free

10 Schools Act (section 17001 of the Elementary and Second11 ary Education Act) when the child’s behavior is unrelated

12 to his or her disability.

13 SEC. 406. PROHIBITION AGAINST FUNDS FOR HOMOSEXUAL

14 SUPPORT.

15 (a) P ROHIBITION.—No local educational agency that

16 receives funds under this Act shall implement or carry out

17 a program or activity that has either the purpose or effect

18 of encouraging or supporting homosexuality as a positive

19 lifestyle alternative.

20 (b) DEFINITION.—A program or activity, for purposes

21 of this section, includes the distribution of instructional ma22 terials, instruction, counseling, or other services on school

23 grounds, or referral of a pupil to an organization that af24 firms a homosexual lifestyle.
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1 (c) E FFECTIVE DATE.—The provisions of this section

2 shall take effect one day following the enactment of this Act.

3 SEC. 407. YOUTH PROGRAMS LIMITATION.

4 None of the funds authorized under this Act shall be

5 used to develop materials or programs directed at youth

6 that are designed to directly promote or encourage sexual

7 activity, whether homosexual or heterosexual.

8 SEC. 408. LIMITATION.

9 None of the funds authorized to be appropriated under

10 this Act may be used to make condoms available in a public

11 school.

12 SEC. 409. CARL D. PERKINS VOCATIONAL AND APPLIED

13 TECHNOLOGY EDUCATION ACT.

14 Notwithstanding any other provision of law, beginning

15 on June 1, 1994, and ending on the date of enactment of

16 an Act reauthorizing the Carl D. Perkins Vocational and

17 Applied Technology Education Act (20 U.S.C. 2301 et seq.),

18 the Secretary shall not issue any new final regulations to

19 implement such Act.

20 SEC. 410. THERAPEUTIC MODEL DEMONSTRATION

21 SCHOOLS.

22 (a) AUTHORIZATION.—

23 (1) I N GENERAL.—The Secretary of the Interior,

24 acting through the Bureau of Indian Affairs, is au25 thorized to establish demonstration schools based on
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1 the therapeutic model described in this section, to pro2 vide services necessary to achieve positive changes in

3 the attitudes, behavior, and academic performance of

4 Indian youth attending off-reservation boarding

5 schools.

6 (2) P URPOSE.—The purpose of the therapeutic

7 model demonstration schools shall be—

8 (A) to provide a program, based on an an9 nual written plan, linking clinicians, counselors,

10 and mental health professionals with academic

11 program personnel in a culturally sensitive resi12 dential program tailored to the particular needs

13 of Indian students;

14 (B) to provide for a continued evaluation of

15 the planning and implementation of the thera16 peutic model in the designated schools; and

17 (C) to determine what steps the Bureau of

18 Indian Affairs must take and what resources are

19 required to transform existing off-reservation

20 boarding schools to meet the needs of chemically

21 dependent, emotionally disturbed, socially trou22 bled, or other at-risk Indian youth who attend

23 such schools.
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1 (b) LOCATION.—The Secretary shall initiate the thera2 peutic model at two schools in school years 1994 through

3 1996, and shall give priority to—

4 (1) one school that is the recipient of a grant

5 under section 5204 of the August F. Hawkins-Robert

6 T. Stafford Elementary and Secondary School Im7 provement Amendments of 1988 during the 1994–

8 1995 school year; and

9 (2) one school operated by the Bureau of Indian

10 Affairs during the 1995–1996 school year.

11 (c) S ERVICES.—The demonstration schools shall pro12 vide an integrated residential environment that may in13 clude—

14 (1) mental health services;

15 (2) education;

16 (3) recreation therapy;

17 (4) social service programs;

18 (5) substance abuse education and prevention;

19 and

20 (6) other support services for aftercare.

21 (d) STAFFING.—The demonstration schools shall be

22 staffed with health and social service professionals, and edu23 cators, and may include, but not be limited to—

24 (1) clinical psychologists;

25 (2) child psychologists;
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1 (3) substance abuse counselors;

2 (4) social workers; and

3 (5) health educators.

4 (e) ENROLLMENT.—Notwithstanding any other provi5 sion of law, the Secretary of the Interior may limit the en6 rollment at the demonstration schools.

7 (f) ASSISTANCE.—The Secretary is authorized to enter

8 into agreements with other organizations and agencies, in9 cluding the Indian Health Service, to carry out this section.

10 (g) REPORT.—Not later than July 31 of each year, the

11 Secretary of the Interior shall submit a report to the Com12 mittee on Indian Affairs of the Senate and the Committee

13 on Education and Labor of the House of Representatives

14 on the progress of the Department of the Interior in the

15 development of the demonstration schools.

16 SEC. 411. CRIMINAL HISTORY INVESTIGATIONS OF SCHOOL

17 BUS DRIVERS.

18 (a) REQUIREMENT FOR INVESTIGATIONS.—(1) Not19 withstanding any other provision of law, a local edu20 cational agency may not employ a person as a driver of

21 a school bus of or on behalf of the agency until the agency

22 conducts a background check under procedures that meet the

23 guidelines set forth in section 3(b) of the National Child

24 Protection Act of 1993 (Public Law 103–209; 107 Stat.

25 2491; 42 U.S.C. 5119a(b)).
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1 (2) Subject to paragraph (3), the prohibition set forth

2 in paragraph (1) shall take effect on the date of the enact3 ment of this Act.

4 (b) I NTERIM REQUIREMENT.—Prior to the establish5 ment of the procedures referred to in subsection (a)(1), or

6 a State’s participation in the procedures referred to in sub7 section (a)(1), local educational agencies shall conduct a

8 fingerprint based check through the criminal history files

9 maintained by the Criminal Justice Information Services

10 Division of the Federal Bureau of Investigation.

11 (c) DEFINITION.—In this section, the term ‘‘local edu12 cational agency’’ has the meaning given such term in sec13 tion 10101 of the Elementary and Secondary Education Act

14 of 1965, as amended by title I of this Act.

15 SEC. 412. RATE OF PAY FOR THE DEPUTY DIRECTOR OF THE

16 NATIONAL INSTITUTE ON DISABILITY AND

17 REHABILITATION RESEARCH.

18 Notwithstanding section 202(c)(2) of the Rehabilita19 tion Act of 1973 (29 U.S.C. 761a(c)(2)), the Secretary of

20 Education is authorized to compensate anyone appointed

21 during calendar year 1994 to be the Deputy Director of the

22 National Institute on Disability and Rehabilitation Re23 search at the rate of pay for level 5 of the Senior Executive

24 Service Schedule.
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1 TITLE V—WORKERS TECH2 NOLOGY SKILL DEVELOP3 MENT

4 SEC. 501. SHORT TITLE.

5 This title may be cited as the ‘‘Workers Technology

6 Skill Development Act’’.

7 SEC. 502. FINDINGS.

8 Congress finds and declares the following:

9 (1) In an increasingly competitive world econ10 omy, the companies and nations that lead in the

11 rapid development, commercialization, and applica12 tion of new and advanced technologies, and in the

13 high-quality, competitively priced production of goods

14 and services, will lead in economic growth, employ15 ment, and high living standards.

16 (2) While the United States remains the world

17 leader in science and invention, it has not done well

18 in rapidly making the transition from achievement in

19 its research laboratories to high-quality, competitively

20 priced production of goods and services. This lag and

21 the unprecedented competitive challenge that the

22 United States has faced from abroad have contributed

23 to a drop in real wages and living standards.

24 (3) Companies that are successfully competitive

25 in the rapid development, commercialization, applica-
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1 tion, and implementation of advanced technologies,

2 and in the successful delivery of goods and services,

3 recognize that worker participation and labor-man4 agement cooperation in the deployment, application,

5 and implementation of advanced workplace tech6 nologies make an important contribution to high7 quality, competitively priced production of goods and

8 services and in maintaining and improving real

9 wages for workers.

10 (4) The Federal Government has an important

11 role in encouraging and augmenting private sector ef12 forts relating to the development, application, manu13 facture, and deployment of new and advanced tech14 nologies. The role should be to—

15 (A) work with private companies, States,

16 worker organizations, nonprofit organizations,

17 and institutions of higher education to ensure the

18 development, application, production, and imple19 mentation of new and advanced technologies to

20 promote the improvement of workers’ skills,

21 wages, job security, and working conditions, and

22 a healthy environment;

23 (B) encourage worker and worker organiza24 tion participation in the development, commer25 cialization, evaluation, selection, application,
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1 and implementation of new and advanced tech2 nologies in the workplace; and

3 (C) promote the use and integration of new

4 and advanced technologies in the workplace that

5 enhance workers’ skills.

6 (5) In working with the private sector to pro7 mote the technological leadership and economic

8 growth of the United States, the Federal Government

9 has a responsibility to ensure that Federal technology

10 programs help the United States to remain competi11 tive and to maintain and improve living standards

12 and to create and retain secure jobs in economically

13 stable communities.

14 SEC. 503. PURPOSES.

15 The purposes of this title are to—

16 (1) improve the ability of workers and worker or17 ganizations to recognize, develop, assess, and improve

18 strategies for successfully integrating workers and

19 worker organizations into the process of evaluating,

20 selecting, and implementing advanced workplace tech21 nologies, and advanced workplace practices in a man22 ner that creates and maintains stable well-paying

23 jobs for workers; and

24 (2) assist workers and worker organizations in

25 developing the expertise necessary for effective partici-
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1 pation with employers in the development of strate2 gies and programs for the successful evaluation, selec3 tion, and implementation of advanced workplace tech4 nologies and advanced workplace practices through

5 the provision of a range of education, training, and

6 related services.

7 SEC. 504. DEFINITIONS.

8 As used in this title:

9 (1) ADVANCED WORKPLACE PRACTICES.—The

10 term ‘‘advanced workplace practices’’ means innova11 tions in work organization and performance, includ12 ing high-performance workplace systems, flexible pro13 duction techniques, quality programs, continuous im14 provement, concurrent engineering, close relationships

15 between suppliers and customers, widely diffused deci16 sionmaking and work teams, and effective integration

17 of production technology, worker skills and training,

18 and workplace organization, and such other charac19 teristics as determined appropriate by the Secretary

20 of Labor, in consultation with the Secretary of Com21 merce.

22 (2) ADVANCED WORKPLACE TECHNOLOGIES.—

23 The term ‘‘advanced workplace technologies’’ in24 cludes—
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1 (A) numerically controlled machine tools,

2 robots, automated process control equipment,

3 computerized flexible manufacturing systems, as4 sociated computer software, and other technology

5 for improving the manufacturing and industrial

6 production of goods and commercial services,

7 which advance the state-of-the-art; or

8 (B) novel industrial and commercial tech9 niques and processes not previously generally

10 available that improve quality, productivity, and

11 practices, including engineering design, quality

12 assurance, concurrent engineering, continuous

13 process production technology, inventory man14 agement, upgraded worker skills, communica15 tions with customers and suppliers, and pro16 motion of sustainable economic growth.

17 (3) DEPARTMENT.—The term ‘‘Department’’

18 means the Department of Labor.

19 (4) NONPROFIT ORGANIZATION.—The term ‘‘non20 profit organization’’ means a tax-exempt organiza21 tion, as described in paragraph (3), (4), or (5) of sec22 tion 501(c) of the Internal Revenue Code of 1986.

23 (5) S ECRETARY.—The term ‘‘Secretary’’ means

24 the Secretary of Labor.
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1 (6) W ORKER ORGANIZATION.—The term ‘‘worker

2 organization’’ means a labor organization within the

3 meaning of section 501(c)(5) of the Internal Revenue

4 Code of 1986.

5 SEC. 505. GRANTS.

6 (a) I N GENERAL.—The Secretary of Labor, after con7 sultation with the Secretary of Commerce, shall, to the ex8 tent appropriations are available, award grants to eligible

9 entities to carry out the purposes described in section 503.

10 (b) E LIGIBILITY.—To be eligible to receive a grant

11 under this section, an entity shall—

12 (1) be a nonprofit organization, or a partnership

13 consortium of such institutions or organizations;

14 (2) prepare and submit to the Secretary an ap15 plication at such time, in such manner, and contain16 ing such information as the Secretary may require,

17 including a description of the activities that the en18 tity will carry out using amounts received under the

19 grant; and

20 (3) agree to make available (directly or through

21 donations from public or private entities) non-Federal

22 contributions toward the costs of the activities to be

23 conducted with grant funds, in an amount equal to

24 the amount required under subsection (d).
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1 (c) U SE OF AMOUNTS.—An entity shall use amounts

2 received under a grant awarded under this section to carry

3 out the purposes described in section 503 through activities

4 such as—

5 (1) the dissemination of information to workers,

6 worker organizations, employers, State economic de7 velopment agencies, State industrial extension pro8 grams, Advanced Technology Centers, and National

9 Manufacturing Technology Centers regarding success10 ful practices relating to the effective deployment of

11 advanced workplace technologies, and advanced work12 place practices;

13 (2) the provision of technical assistance to work14 ers, worker organizations, employers, State economic

15 development agencies, State industrial extension pro16 grams, Advanced Technology Centers, and National

17 Manufacturing Technology Centers to identify ad18 vanced workplace practices and strategies that en19 hance the effective evaluation, selection, and imple20 mentation of advanced workplace technologies;

21 (3) the researching and identification of new and

22 advanced workplace technologies, and advanced work23 place practices that promote the improvement of

24 workers’ skills, wages, working conditions, and job se25 curity, that research the link between advanced work-
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1 place practices and long-term corporate performance,

2 and that are consistent with the needs of local com3 munities and the need for a healthy environment; and

4 (4) the development and dissemination of train5 ing programs and materials relating to the services

6 provided pursuant to paragraphs (1) through (3).

7 (d) TERMS OF GRANTS AND NON-FEDERAL SHARES.—

8 (1) T ERMS.—Grants awarded under this section

9 shall be for a term not to exceed 6 years.

10 (2) NON-FEDERAL SHARE.—Amounts required to

11 be contributed by an entity under subsection (b)(3)

12 shall equal—

13 (A) an amount equal to 15 percent of the

14 amount provided under the grant in the first

15 year for which the grant is awarded;

16 (B) an amount equal to 20 percent of the

17 amount provided under the grant in the second

18 year for which the grant is awarded;

19 (C) an amount equal to 33 percent of the

20 amount provided under the grant in the third

21 year for which the grant is awarded;

22 (D) an amount equal to 40 percent of the

23 amount provided under the grant in the fourth

24 year for which the grant is awarded; and
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1 (E) an amount equal to 50 percent of the

2 amount provided under the grant in the fifth

3 and sixth years for which the grant is awarded.

4 (e) EVALUATION.—The Department shall develop

5 mechanisms for evaluating the effectiveness of the use of a

6 grant awarded under this section in carrying out the pur7 poses under section 503 and, not later than 2 years after

8 the date of enactment of this Act, and every 2 years there9 after, prepare and submit a report to Congress concerning

10 such evaluation.

11 SEC. 506. IDENTIFICATION AND DISSEMINATION OF BEST

12 PRACTICES.

13 (a) IN GENERAL.—

14 (1) I NFORMATION.—The Secretary, in coopera15 tion and after consultation with the Secretary of

16 Commerce, shall assist workers, worker organizations,

17 and employers in successfully adopting advanced

18 workplace technologies, and advanced workplace prac19 tices by identifying, collecting, and disseminating in20 formation on best workplace practices and workplace

21 assessment tools, including—

22 (A) methods, techniques, and successful

23 models of labor-management cooperation and of

24 worker and worker organization participation in

25 the development, evaluation, selection, and im-
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1 plementation of new and advanced workplace

2 technologies, and advanced workplace practices;

3 (B) methods, techniques, and successful

4 models for the design and implementation of new

5 and advanced workplace practices;

6 (C) methods, techniques, and successful

7 models for the design and implementation of ad8 vanced forms of work organization; and

9 (D) methods, techniques, and successful

10 models for the assessment of worker skills and

11 training needs relating to the effective develop12 ment, evaluation, selection, and implementation

13 of advanced workplace technologies, and ad14 vanced workplace practices.

15 (2) CONTENTS.—Such information on best work16 place practices shall include—

17 (A) summaries and analyses of best practice

18 cases;

19 (B) criteria for assessment of current work20 place practices; and

21 (C) information on the best available edu22 cation and training materials and services relat23 ing to the development, implementation, and op24 eration of systems utilizing new and advanced
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1 workplace technologies, and advanced workplace

2 practices.

3 (b) D ISTRIBUTION.—The information and materials

4 developed under this section shall be distributed through an

5 appropriate entity designated by the Secretary of Commerce

6 to the Regional Centers for the Transfer of Manufacturing

7 Technology, to the Manufacturing Outreach Center, to other

8 technology training entities, and directly to others as deter9 mined appropriate by the Secretary of Labor and the Sec10 retary of Commerce.

11 SEC. 507. AUTHORIZATION OF APPROPRIATIONS.

12 (a) I N GENERAL.—There are authorized to be appro13 priated to carry out this title such sums as may be nec14 essary for each of the fiscal years 1995 through 1997.

15 (b) AVAILABILITY.—Amounts appropriated under sub16 section (a) shall remain available until expended.

17 TITLE VI—MULTIETHNIC

18 PLACEMENT

19 SEC. 601. SHORT TITLE.

20 This title may be cited as the ‘‘Multiethnic Placement

21 Act of 1994’’.

22 SEC. 602. FINDINGS AND PURPOSE.

23 (a) FINDINGS.—Congress finds that—

24 (1) nearly 500,000 children are in foster care in

25 the United States;
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1 (2) tens of thousands of children in foster care

2 are waiting for adoption;

3 (3) 2 years and 8 months is the median length

4 of time that children wait to be adopted;

5 (4) child welfare agencies should work to elimi6 nate racial, ethnic, and national origin discrimina7 tion and bias in adoption and foster care recruit8 ment, selection, and placement procedures; and

9 (5) active, creative, and diligent efforts are need10 ed to recruit parents, from every race and culture, for

11 children needing foster care or adoptive parents.

12 (b) P URPOSE.—It is the purpose of this title to de13 crease the length of time that children wait to be adopted

14 and to prevent discrimination in the placement of children

15 on the basis of race, color, or national origin.

16 SEC. 603. MULTIETHNIC PLACEMENTS.

17 (a) ACTIVITIES.—

18 (1) PROHIBITION.—An agency, or entity, that

19 receives Federal assistance and is involved in adop20 tion or foster care placements may not—

21 (A) categorically deny to any person the op22 portunity to become an adoptive or a foster par23 ent, solely on the basis of the race, color, or na24 tional origin of the adoptive or foster parent, or

25 the child, involved; or
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1 (B) delay or deny the placement of a child

2 for adoption or into foster care, or otherwise dis3 criminate in making a placement decision, solely

4 on the basis of the race, color, or national origin

5 of the adoptive or foster parent, or the child, in6 volved.

7 (2) PERMISSIBLE CONSIDERATION.—An agency

8 or entity to which paragraph (1) applies may con9 sider the race, color, or national origin of a child as

10 a factor in making a placement decision if such factor

11 is relevant to the best interests of the child involved

12 and is considered in conjunction with other factors.

13 (3) D EFINITION.—As used in this subsection, the

14 term ‘‘placement decision’’ means the decision to

15 place, or to delay or deny the placement of, a child

16 in a foster care or an adoptive home, and includes the

17 decision of the agency or entity involved to seek the

18 termination of birth parent rights or otherwise make

19 a child legally available for adoptive placement.

20 (b) LIMITATION.—The Secretary of Health and

21 Human Services shall not provide placement and adminis22 trative funds under section 474(a)(3) of the Social Security

23 Act (42 U.S.C. 674(a)(3)) to an agency or entity described

24 in subsection (a) that is not in compliance with subsection

25 (a).
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1 (c) E QUITABLE RELIEF.—Any individual who is ag2 grieved by an action in violation of subsection (a), taken

3 by an agency or entity described in subsection (a), shall

4 have the right to bring an action seeking relief in a United

5 States district court of appropriate jurisdiction.

6 (d) C ONSTRUCTION.—Nothing in this section shall be

7 construed to affect the application of the Indian Child Wel8 fare Act of 1978 (25 U.S.C. 1901 et seq.).

9 TITLE VII—ALBERT EINSTEIN

10 DISTINGUISHED EDUCATOR

11 FELLOWSHIP ACT

12 SEC. 701. SHORT TITLE.

13 This title may be cited as the ‘‘Albert Einstein Distin14 guished Educator Fellowship Act of 1994’’.

15 SEC. 702. FINDINGS.

16 The Congress finds that—

17 (1) the Department of Energy has unique and

18 extensive mathematics and science capabilities that

19 contribute to mathematics and science education pro20 grams throughout the Nation;

21 (2) a need exists to increase understanding, com22 munication, and cooperation between the Congress,

23 the Department of Energy, other Federal agencies,

24 and the mathematics and science education commu25 nity;
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1 (3) elementary and secondary school mathe2 matics and science teachers can provide practical in3 sight to the Legislative and Executive branches in es4 tablishing and operating education programs; and

5 (4) a pilot program that placed elementary and

6 secondary school mathematics and science teachers in

7 professional staff positions in the Senate and the

8 House of Representatives has proven successful and

9 demonstrated the value of expanding the program.

10 SEC. 703. PURPOSE; DESIGNATION.

11 (a) PURPOSE.—The purpose of this title is to establish

12 within the Department of Energy a national fellowship pro13 gram for elementary and secondary school mathematics and

14 science teachers.

15 (b) D ESIGNATION.—A recipient of a fellowship under

16 this title shall be known as an ‘‘Albert Einstein Fellow’’.

17 SEC. 704. DEFINITIONS.

18 As used in this title—

19 (1) the term ‘‘elementary school’’ has the mean20 ing provided by section 10101(11) of the Elementary

21 and Secondary Education Act of 1965, as amended

22 by title I of this Act;

23 (2) the term ‘‘local educational agency’’ has the

24 meaning provided by section 10101(15) of the Ele-
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1 mentary and Secondary Education Act of 1965, as so

2 amended;

3 (3) the term ‘‘secondary school’’ has the meaning

4 provided by section 10101(21) of the Elementary and

5 Secondary Education Act of 1965, as so amended;

6 and

7 (4) the term ‘‘Secretary’’ means the Secretary of

8 Energy.

9 SEC. 705. FELLOWSHIP PROGRAM.

10 (a) IN GENERAL.—

11 (1) ESTABLISHMENT.—The Secretary shall estab12 lish the Albert Einstein Distinguished Educator Fel13 lowship Program (referred to in this title as the ‘‘Pro14 gram’’) to provide 12 elementary or secondary school

15 mathematics or science teachers with fellowships in

16 each fiscal year in accordance with this title.

17 (2) O RDER OF PRIORITY.—The Secretary may

18 reduce the number of fellowships awarded under this

19 title for any fiscal year in which the amount appro20 priated for the Program is insufficient to support 12

21 fellowships. If the number of fellowships awarded

22 under this title is reduced for any fiscal year, then the

23 Secretary shall award fellowships based on the follow24 ing order of priority:
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1 (A) Three fellowships in the Department of

2 Energy.

3 (B) Two fellowships in the Senate.

4 (C) Two fellowships in the House of Rep5 resentatives.

6 (D) One fellowship in each of the following

7 entities:

8 (i) The Department of Education.

9 (ii) The National Institutes of Health.

10 (iii) The National Science Foundation.

11 (iv) The National Aeronautics and

12 Space Administration.

13 (v) The Office of Science and Tech14 nology Policy.

15 (3) T ERMS OF FELLOWSHIPS.—Each fellowship

16 awarded under this title shall be awarded for a period

17 of ten months that, to the extent practicable, coincides

18 with the academic year.

19 (4) ELIGIBILITY.—To be eligible for a fellowship

20 under this title, an elementary or secondary school

21 mathematics or science teacher must demonstrate—

22 (A) that such teacher would bring unique

23 and valuable contributions to the Program;

24 (B) that such teacher is recognized for excel25 lence in mathematics or science education; and
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1 (C)(i) a sabbatical leave from teaching will

2 be granted in order to participate in the Pro3 gram; or

4 (ii) the teacher will return to a teaching po5 sition comparable to the position held prior to

6 participating in the Program.

7 (b) ADMINISTRATION.—The Secretary shall—

8 (1) provide for the development and administra9 tion of an application and selection process for fellow10 ships under the Program, including a process whereby

11 final selections of fellowship recipients are made in

12 accordance with subsection (c);

13 (2) provide for the publication of information on

14 the Program in appropriate professional publications,

15 including an invitation for applications from teachers

16 listed in the directories of national and State recogni17 tion programs;

18 (3) select from the pool of applicants 12 elemen19 tary and secondary school mathematics teachers and

20 12 elementary and secondary school science teachers;

21 (4) develop a program of orientation for fellow22 ship recipients under this title; and

23 (5) not later than August 31 of each year in

24 which fellowships are awarded, prepare and submit

25 an annual report and evaluation of the Program to
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1 the appropriate Committees of the Senate and the

2 House of Representatives.

3 (c) SELECTION.—

4 (1) I N GENERAL.—The Secretary shall arrange

5 for the 24 semifinalists to travel to Washington, D.C.,

6 to participate in interviews in accordance with the

7 selection process described in paragraph (2).

8 (2) F INAL SELECTION.—(A) Not later than May

9 1 of each year preceding each year in which fellow10 ships are to be awarded, the Secretary shall select and

11 announce the names of the fellowship recipients.

12 (B) The Secretary shall provide for the develop13 ment and administration of a process to select fellow14 ship recipients from the pool of semifinalists as fol15 lows:

16 (i) The Secretary shall select three fellow17 ship recipients who shall be assigned to the De18 partment of Energy.

19 (ii) The Majority Leader of the Senate and

20 the Minority Leader of the Senate, or their des21 ignees, shall each select a fellowship recipient

22 who shall be assigned to the Senate.

23 (iii) The Speaker of the House of Represent24 atives and the Minority Leader of the House of

25 Representatives, or their designees, shall each se-
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1 lect a fellowship recipient who shall be assigned

2 to the House of Representatives.

3 (iv) Each of the following individuals, or

4 their designees, shall select one fellowship recipi5 ent who shall be assigned within the department,

6 office, agency, or institute such individual ad7 ministers:

8 (I) The Secretary of Education.

9 (II) The Director of the National Insti10 tutes of Health.

11 (III) The Director of the National

12 Science Foundation.

13 (IV) The Administrator of the National

14 Aeronautics and Space Administration.

15 (V) The Director of the Office of

16 Science and Technology Policy.

17 SEC. 706. FELLOWSHIP AWARDS.

18 (a) F ELLOWSHIP RECIPIENT COMPENSATION.—Each

19 recipient of a fellowship under this title shall be paid dur20 ing the fellowship period at a rate of pay that shall not

21 exceed the minimum annual rate payable for a position

22 under GS–13 of the General Schedule.

23 (b) LOCAL EDUCATIONAL AGENCY.—The Secretary

24 shall seek to ensure that no local educational agency penal25 izes a teacher who elects to participate in the Program.
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1 SEC. 707. WASTE MANAGEMENT EDUCATION RESEARCH

2 CONSORTIUM (WERC).

3 The Secretary is authorized to establish a partnership

4 of Department of Energy laboratories, academic institu5 tions, and private sector industries to conduct environ6 mentally related education programs, including programs

7 involving environmentally conscious manufacturing and

8 waste management activities that have undergraduate and

9 graduate educational training as a component.

10 SEC. 708. AUTHORIZATION OF APPROPRIATIONS.

11 (a) I N GENERAL.—There are authorized to be appro12 priated for the Program $700,000 for fiscal year 1995, and

13 such sums as may be necessary for each of the fiscal years

14 1996 through 2001.

15 (b) WERC PROGRAM.— There are authorized to be ap16 propriated for the WERC program under section 707 such

17 sums as may be necessary for each of the fiscal years 1996

18 through 2001.

19 TITLE VIII—1994 INSTITUTIONS

20 SEC. 801. SHORT TITLE.

21 This title may be cited as the ‘‘Equity in Educational

22 Land-Grant Status Act of 1994’’.

23 SEC. 802. DEFINITION.

24 As used in this title, the term ‘‘1994 Institutions’’

25 means any one of the following colleges:

26 (1) Bay Mills Community College.
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1 (2) Blackfeet Community College.

2 (3) Cheyenne River Community College.

3 (4) D–Q University.

4 (5) Dullknife Memorial College.

5 (6) Fond Du Lac Community College.

6 (7) Fort Belknap Community College.

7 (8) Fort Berthold Community College.

8 (9) Fort Peck Community College.

9 (10) LacCourte Orielles Ojibwa Community Col10 lege.

11 (11) Little Big Horn Community College.

12 (12) Little Hoop Community College.

13 (13) Nebraska Indian Community College.

14 (14) Northwest Indian College.

15 (15) Oglala Lakota College.

16 (16) Salish Kootenai College.

17 (17) Sinte Gleska University.

18 (18) Sisseton Wahpeton Community College.

19 (19) Standing Rock College.

20 (20) Stonechild Community College.

21 (21) Turtle Mountain Community College.

22 (22) Navajo Community College.

23 (23) United Tribes Technical College.

24 (24) Southwest Indian Polytechnic Institute.
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1 (25) Institute of American Indian and Alaska

2 Native Culture and Arts Development.

3 (26) Crownpoint Institute of Technology.

4 (27) Haskell Indian Junior College.

5 (28) Leech Lake Tribal College.

6 (29) College of the Menominee Nation.

7 SEC. 803. LAND-GRANT STATUS FOR 1994 INSTITUTIONS.

8 (a) IN GENERAL.—

9 (1) S TATUS OF 1994 INSTITUTIONS.—Except as

10 provided in paragraph (2), 1994 Institutions shall be

11 considered land-grant colleges established for the bene12 fit of agriculture and the mechanic arts in accordance

13 with the provisions of the Act of July 2, 1862 (12

14 Stat. 503; 7 U.S.C. 301 et seq.).

15 (2) 1994 INSTITUTIONS.—(A) 1994 Institutions

16 shall not be considered as land-grant colleges that are

17 eligible to receive funding under—

18 (i) the Act of March 2, 1887 (24 Stat. 440,

19 chapter 314; 7 U.S.C. 361a et seq.);

20 (ii) the Act of May 8, 1914 (38 Stat. 373,

21 chapter 79; 7 U.S.C. 343), except as provided

22 under section 3(b)(3) of such Act (as added by

23 section 804(b)(1) of this title); or

24 (iii) the Act of August 3, 1890 (26 Stat.

25 417, chapter 841; 7 U.S.C. 322 et seq.).
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1 (B) In lieu of receiving donations under the pro2 visions of the Act of July 2, 1862, relating to the do3 nations of public land or scrip for the endowment and

4 maintenance of colleges for the benefit of agriculture

5 and the mechanic arts, 1994 Institutions shall receive

6 funding pursuant to the authorization under sub7 section (b).

8 (b) A UTHORIZATION OF APPROPRIATIONS.—For each

9 of fiscal years 1996 through 2000, there are authorized to

10 be appropriated $4,600,000. Amounts appropriated pursu11 ant to this section shall be held and considered to have been

12 granted to 1994 Institutions to establish an endowment

13 pursuant to subsection (c).

14 (c) ENDOWMENT.—

15 (1) I N GENERAL.—In accordance with this sub16 section, the Secretary of the Treasury shall establish

17 a 1994 Institutions Endowment Fund (referred to in

18 this subsection as the ‘‘endowment fund’’). The Sec19 retary may enter into such agreements as are nec20 essary to carry out this subsection.

21 (2) D EPOSIT TO THE ENDOWMENT FUND.—The

22 Secretary shall deposit in the endowment fund any—

23 (A) amounts made available by appropria24 tions pursuant to subsection (b) (referred to in
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1 this subsection as the ‘‘endowment fund corpus’’);

2 and

3 (B) interest earned on the endowment fund

4 corpus.

5 (3) INVESTMENTS.—The Secretary shall invest

6 the endowment fund corpus and income in interest7 bearing obligations of the United States.

8 (4) WITHDRAWALS AND EXPENDITURES.—The

9 Secretary may not make a withdrawal or expenditure

10 from the endowment fund corpus. On the termination

11 of each fiscal year, the Secretary shall withdraw the

12 amount of income from the endowment fund for the

13 fiscal year, and after making adjustments for the cost

14 of administering the endowment fund, distribute the

15 adjusted income as follows:

16 (A) 60 percent of the adjusted income shall

17 be distributed among the 1994 Institutions on a

18 pro rata basis. The proportionate share of the

19 adjusted income received by a 1994 Institution

20 under this subparagraph shall be based on the

21 Indian student count (as defined in section

22 390(3) of the Carl D. Perkins Vocational Edu23 cation Act (20 U.S.C. 2397h(3)) for each Institu24 tion for the fiscal year.
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1 (B) 40 percent of the adjusted income shall

2 be distributed in equal shares to the 1994 Insti3 tutions.

4 SEC. 804. APPROPRIATIONS.

5 (a) AUTHORIZATION OF APPROPRIATIONS.—

6 (1) I N GENERAL.—For fiscal year 1996, and for

7 each fiscal year thereafter, there are authorized to be

8 appropriated to the Department of the Treasury an

9 amount equal to—

10 (A) $50,000; multiplied by

11 (B) the number of 1994 Institutions.

12 (2) P AYMENTS.—For each fiscal year, the Sec13 retary of the Treasury shall pay to the treasurer of

14 each 1994 Institution an amount equal to—

15 (A) the total amount made available by ap16 propriations pursuant to paragraph (1); divided

17 by

18 (B) the number of 1994 Institutions.

19 (3) USE OF FUNDS; REQUIREMENTS.—The

20 amounts authorized to be appropriated under this

21 subsection shall be used in the same manner as is pre22 scribed for colleges under the Act of August 30, 1890

23 (26 Stat. 417, chapter 841; 7 U.S.C. 322 et seq.), and,

24 except as otherwise provided in this subsection, the re-
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1 quirements of such Act shall apply to 1994 Institu2 tions.

3 (b) F UNDING.—Section 3 of the Act of May 8, 1914

4 (38 Stat. 373, chapter 79; 7 U.S.C. 343) is amended—

5 (1) in subsection (b), by adding at the end the

6 following new paragraph:

7 ‘‘(3) There are authorized to be appropriated for

8 the fiscal year ending June 30, 1996, and for each fis9 cal year thereafter, for payment on behalf of the 1994

10 Institutions (as defined in section 802 of the Equity

11 in Educational Land-Grant Status Act of 1994),

12 $5,000,000 for the purposes set forth in section 2.

13 Such sums shall be in addition to the sums appro14 priated for the several States and Puerto Rico, the

15 Virgin Islands, and Guam under the provisions of

16 this section. Such sums shall be distributed on the

17 basis of a competitive application process to be devel18 oped and implemented by the Secretary and paid by

19 the Secretary to State institutions established in ac20 cordance with the provisions of the Act of July 2,

21 1862 (12 Stat. 503, chapter 130; 7 U.S.C. 301 et seq.)

22 (other than 1994 Institutions) and administered by

23 such institutions through cooperative agreements with

24 1994 Institutions in the States of the 1994 Institu-
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1 tions in accordance with regulations that the Sec2 retary shall adopt.’’;

3 (2) by redesignating subsection (f) as subsection

4 (g); and

5 (3) by inserting after subsection (e) the following

6 new subsection:

7 ‘‘(f) There shall be no matching requirement for funds

8 made available pursuant to subsection (b)(3).’’.

9 SEC. 805. INSTITUTIONAL CAPACITY BUILDING GRANTS.

10 (a) DEFINITIONS.—As used in this section:

11 (1) FEDERAL SHARE.—The term ‘‘Federal share’’

12 means, with respect to a grant awarded under sub13 section (b), the share of the grant that is provided

14 from Federal funds.

15 (2) N ON-FEDERAL SHARE.—The term ‘‘non-Fed16 eral share’’ means, with respect to a grant awarded

17 under subsection (b), the matching funds paid with

18 funds other than funds referred to in paragraph (1),

19 as determined by the Secretary.

20 (3) S ECRETARY.—The term ‘‘Secretary’’ means

21 the Secretary of Agriculture.

22 (b) IN GENERAL.—

23 (1) INSTITUTIONAL CAPACITY BUILDING

24 GRANTS.—For each of fiscal years 1996 through 2000,

25 the Secretary shall make two or more institutional
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1 capacity building grants to assist 1994 Institutions

2 with constructing, acquiring, and remodeling build3 ings, laboratories, and other capital facilities (includ4 ing fixtures and equipment) necessary to conduct re5 search more effectively in agriculture and sciences.

6 (2) REQUIREMENTS FOR GRANTS.—The Sec7 retary shall make grants under this section—

8 (A) on the basis of a competitive applica9 tion process under which appropriate officials of

10 1994 Institutions may submit applications to the

11 Secretary in such form and manner as the Sec12 retary may prescribe; and

13 (B) in such manner as to ensure geographic

14 diversity with respect to the 1994 Institutions

15 that are the subject of the grants.

16 (3) D EMONSTRATION OF NEED.—The Secretary

17 shall require, as part of an application for a grant

18 under this subsection, a demonstration of need. The

19 Secretary may only award a grant under this sub20 section to an applicant that demonstrates a failure to

21 obtain funding for a project after making a reason22 able effort to otherwise obtain the funding.

23 (4) PAYMENT OF NON-FEDERAL SHARE.—A

24 grant awarded under this subsection shall be made on

25 the condition that the recipient of the grant pay a
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1 non-Federal share in an amount specified by the Sec2 retary.

3 (c) A UTHORIZATION OF APPROPRIATIONS.—There are

4 authorized to be appropriated to the Department of Agri5 culture to carry out this section, $1,700,000 for each of fis6 cal years 1996 through 2000.

Attest:

Secretary.
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